33 CFR § 136.223

33 CFR · Navigation and Navigable Waters

§ 136.223 — Compensation allowable.

33 CFR § 136.223

TitleTitle 33: Navigation and Navigable Waters PartPart 136: Oil Spill Liability Trust Fund; Claims Procedures; Designation of Source; and Advertisement

SourceeCFR (current through Apr 1, 2026)

This text of 33 C.F.R. § 136.223 (Compensation allowable.) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

33 C.F.R. § 136.223 (2026).

Text

§ 136.223 Compensation allowable.

(a)The amount of compensation allowable is the reasonable replacement cost of the subsistence loss suffered by the claimant if, during the period of time for which the loss of subsistence is claimed, there was no alternative source or means of subsistence available.

(b)The amount of compensation allowable under paragraph (a) of this section must be reduced by—

(1)All compensation made available to the claimant to compensate for subsistence loss;

(2)All income which was derived by utilizing the time which otherwise would have been used to obtain natural resources for subsistence use; and

(3)Overheads or other normal expenses of subsistence use not incurred as a result of the incident.

(c)Compensation for a claim for loss of profits or impairment

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§ 136.223 Compensation allowable.

(a) The amount of compensation allowable is the reasonable replacement cost of the subsistence loss suffered by the claimant if, during the period of time for which the loss of subsistence is claimed, there was no alternative source or means of subsistence available.

(b) The amount of compensation allowable under paragraph (a) of this section must be reduced by—

(1) All compensation made available to the claimant to compensate for subsistence loss;

(2) All income which was derived by utilizing the time which otherwise would have been used to obtain natural resources for subsistence use; and

(3) Overheads or other normal expenses of subsistence use not incurred as a result of the incident.

(c) Compensation for a claim for loss of profits or impairment of earning capacity under § 136.219(b) is limited to that allowable under § 136.235.

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