33 CFR § 136.217 - Compensation allowable.

---
identifier: "/us/cfr/t33/s136.217"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "33 CFR § 136.217 - Compensation allowable."
title_number: 33
title_name: "Navigation and Navigable Waters"
section_number: "136.217"
section_name: "Compensation allowable."
chapter_name: "COAST GUARD, DEPARTMENT OF HOMELAND SECURITY"
subchapter_number: "M"
subchapter_name: "MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION"
part_number: "136"
part_name: "OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "33 U.S.C. 2713(e) and 2714; Sec. 1512 of the Homeland Security Act of 2002, Pub. L. 107-296, Title XV, Nov. 25, 2002, 116 Stat. 2310 (6 U.S.C. 552(d)); E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351, as amended by E.O. 13286, 68 FR 10619, 3 CFR, 2004 Comp., p.166; Department of Homeland Security Delegation No. 0170.1, para. 2(80)."
regulatory_source: "CGD 91-035, 57 FR 36316, Aug. 12, 1992, unless otherwise noted."
cfr_part: "136"
---


# 136.217 Compensation allowable.

(a) The amount of compensation allowable for damaged property is the lesser of—

(1) Actual or estimated net cost of repairs necessary to restore the property to substantially the same condition which existed immediately before the damage;

(2) The difference between value of the property before and after the damage; or

(3) The replacement value.

(b) Compensation for economic loss resulting from the destruction of real or personal property may be allowed in an amount equal to the reasonable costs actually incurred for use of substitute commercial property or, if substitute commercial property was not reasonably available, in an amount equal to the net economic loss which resulted from not having use of the property. When substitute commercial property was reasonably available, but not used, allowable compensation for loss of use is limited to the cost of the substitute commercial property, or the property lost, whichever is less. Compensation for loss of use of noncommercial property is not allowable.

(c) Compensation for a claim for loss of profits or impairment of earning capacity under § 136.213(b) is limited to that allowable under § 136.235.

****Subsistence Use