[Code of Federal Regulations]
[Title 33, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR153.407]

[Page 294-295]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 153--CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES, DISCHARGE 
REMOVAL--Table of Contents
 
             Subpart D--Administration of the Pollution Fund
 
Sec. 153.407  Payments or reimbursements from the pollution fund.

    (a) The following costs incurred during performance of a Phase III 
activity as defined in Subpart E of the National Contingency Plan, or a 
removal action as defined in Subpart F of the National Contingency Plan, 
are reimbursable to Federal and State agencies when authorized by the 
appropriate OSC under the authority of section 311(c) of the Act, and 
are reimbursable to Federal agencies when authorized by the appropriate 
Coast Guard or EPA official in the case of the summary removal or 
destruction of a vessel, other ``intervention'' (as defined in Sec. 
153.105(e) of this Part), or any other action under the authority of 
section 311(d) of the Act or the Intervention on the High Seas Act (33 
U.S.C. 1471 et seq.):
    (1) Costs found to be reasonable by the Coast Guard incurred by 
government industrial type facilities, including charges for overhead in 
accordance with the agency's industrial accounting system.
    (2) Actual costs for which an agency is required or authorized by 
any law to obtain full reimbursement.
    (3) Costs found to be reasonable by the Coast Guard incurred as a 
result of removal activity that are not ordinarily funded by an agency's 
regular appropriations and that are not incurred during normal 
operations. These costs include, but are not limited to, the following:
    (i) Travel (transportation and per diem) specifically requested of 
the agency by the On-Scene Coordinator.
    (ii) Overtime for civilian personnel specifically requested of the 
agency by the On-Scene Coordinator.
    (iii) Incremental operating costs for vessels, aircraft, vehicles, 
and equipment incurred in connection with the removal activity.
    (iv) Supplies, materials, and equipment procured for the specific 
removal activity and fully expended during the removal activity.
    (v) Lease or rental of equipment for the specific removal activity.
    (vi) Contract costs for the specific removal activity.
    (4) Claims payable under Part 25, Subpart H of this title.
    (b) The District Commander may authorize the direct payment of the 
costs found to be reasonable under paragraph (a)(3) of this section. 
Direct payment may only be made to Federal or State agencies, or to 
Federal contractors or suppliers. Direct payments to State or local 
agency contractors or suppliers will not be authorized.
    (c) The Pollution Fund is not available to pay any foreign, Federal, 
State or local government or agency for the payment or reimbursement of 
its costs incurred in the removal of oil or hazardous substances 
discharged from a vessel or facility that it owns or operates.
    Note: Federal procurement procedures governing contracts to purchase 
property and services apply to costs incurred as a result of removal 
activity. Where the public exigency will not permit the delay incident 
to advertising, purchases and contracts are

[[Page 295]]

negotiated pursuant to 10 U.S.C. 2304(a)(2) or 41 U.S.C. 252(c)(2), as 
applicable.

[CGD 73-185, 41 FR 12630, Mar. 25, 1976, as amended by CGD 84-067, 51 FR 
17967, May 16, 1986]