[Code of Federal Regulations] [Title 33, Volume 1] [Revised as of July 1, 2001] From the U.S. Government Printing Office via GPO Access [CITE: 33CFR25.803] [Page 103] TITLE 33--NAVIGATION AND NAVIGABLE WATERS CHAPTER I--COAST GUARD, DEPARTMENT OF TRANSPORTATION PART 25--CLAIMS--Table of Contents Subpart H--Pollution Removal Damage Claims Sec. 25.803 Claims payable. A claim for damage to or loss of real or personal property is payable under this subpart if: (a) Caused by the United States, its employees, agents or contractors during containment, countermeasures, cleanup, mitigation, and disposal activities under the National Contingency Plan; and (b) In the exercise of care reasonable under the circumstances, the incident giving rise to the claim was necessary and the damage unavoidable.