[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR25.803]



[Page 104]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

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.