TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER I - COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

SUBCHAPTER M - MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION

PART 136 - OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT

subpart c - PROCEDURES FOR PARTICULAR CLAIMS

136.233 - Proof.

In addition to the requirements of subparts A and B of this part, a claimant must establish the following: (a) That real or personal property or natural resources have been injured, destroyed, or lost.

  (b) That the claimant's income was reduced as a consequence of injury to, destruction of, or loss of the property or natural resources, and the amount of that reduction.

  (c) The amount of the claimant's profits or earnings in comparable periods and during the period when the claimed loss or impairment was suffered, as established by income tax returns, financial statements, and similar documents. In addition, comparative figures for profits or earnings for the same or similar activities outside of the area affected by the incident also must be established.

  (d) Whether alternative employment or business was available and undertaken and, if so, the amount of income received. All income that a claimant received as a result of the incident must be clearly indicated and any saved overhead and other normal expenses not incurred as a result of the incident must be established.