§25.803. Claims payable.
33 C.F.R. § 25.803
A claim for damage to or loss of real or personal property is payable under this subpart if:
Caused by the United States, its employees, agents or contractors during containment, countermeasures, cleanup, mitigation, and disposal activities under the National Contingency Plan; and
In the exercise of care reasonable under the circumstances, the incident giving rise to the claim was necessary and the damage unavoidable.
Notes, amendments, and revision history
Authority
Authority: 33 U.S.C. 1321(j)(1)(A); 33 U.S.C. 1321(1); E.O. 11735, sec. 5 (a), (b)(3); 49 CFR 1.46(m).
Authority
Authority: 14 U.S.C. 503; 49 CFR 1.45(a); 49 CFR 1.45(b); 49 CFR 1.46(b), unless otherwise noted.
Source
Source: CGD 80-033, 46 FR 27109, May 18, 1981, unless otherwise noted.