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.
source: CGD 80-033, 46 FR 27109, May 18, 1981, unless otherwise noted.
cite as: 33 CFR 25.803