---
kind: "section"
citation: "33 C.F.R. § 25.803"
title: "33"
number: "25.803"
heading: "Claims payable."
url: "https://uscodex.org/cfr/33/25.803"
---

# §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.

## Notes

### 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.