[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR151.12]

[Page 385-386]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
             CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY
 
PART 151--REIMBURSEMENT FOR COSTS OF FIREFIGHTING ON FEDERAL PROPERTY--Table of Contents
 
              Subpart B--Submission, Determination, Appeal
 
Sec. 151.12  Determination of amount authorized for payment.

    (a) The Director shall determine the amount to be paid on a claim 
(subject to payment by the Department of the Treasury). The amount to be 
paid is the total of eligible expenses, costs and losses under paragraph 
(a)(1) of this section which exceeds the amount of payments under 
paragraph (a)(2) of this section. The Director shall establish the 
reimbursable amount by determining:
    (1) The extent to which the fire service incurred additional 
firefighting costs, over and above its normal operating costs, in 
connection with the fire which is the subject of the claim, i.e., the 
``amount of costs''; and
    (2) What payments, if any, including taxes or payments in lieu of 
taxes, the fire service or its parent jurisdiction has received from the 
United States for the support of fire services on the property on which 
the fire occurred.

The reimbursable amount is the amount, if any, by which the amount of 
costs, determined under paragraph (a)(1) of this section exceeds the 
amount of payments determined under paragraph (a)(2) of this section. 
Where more than one claim is filed the aggregate reimbursable amount is 
the amount by which the total amount of costs, determined under 
paragraph (a)(1) of this section exceed the amount of Federal payments 
(in the case of a mutual aid agreement--its term or if none is 
determinable, the Federal fiscal year) determined under paragraph (a)(2) 
of this section.

[[Page 386]]

    (b) The Director will first determine the costs as contemplated in 
paragraph (a)(1) of this section. The Director will then notify the 
claimant as to that amount. The claimant must indicate within 30 days 
its acceptance or rejection of that amount.
    (1) If the determination is accepted by the claimant, this will be 
the final and conclusive determination of the amount of costs by the 
claimant in conjunction with the fire for which the claims are 
submitted.
    (2) If the claimant rejects this amount, it must notify the 
Director, within 30 days, of its reasons for its rejection. Upon receipt 
of notification of rejection, the Director shall reconsider his 
determination and notify the claimant of the results of the 
reconsideration. The amont determined on reconsideration will constitute 
the costs to be used by the Director in determining the reimbursable 
amount.
    (c) Upon receipt of documentation from the claimant on the amount of 
payments the Federal Government has made for the support of fire 
services on the property in question, the Director will, following such 
verification or investigation as the Director may deem appropriate, 
calculate the full amount to be reimbursed under the section 11 formula 
as set forth in Sec. 151.12(a). This calculation of the reimbursable 
amount is based upon the costs determined pursuant to Sec. 151.12(b) and 
the documentation of Federal payments that the claimant submitted.
    (d) The Director's determination of the reimbursable amount will be 
sent to the Secretary of the Treasury. The Secretary of the Treasury 
shall, upon receipt of the claim and determination made under 
Sec. 151.12 (a), (b), and (c), determine the amount authorized for 
payment, which shall be the amount actually available for payment from 
any monies in the Treasury not otherwise appropriated but subject to 
reimbursement (from any appropriations which may be available or which 
may be made available for the purpose) by the Federal department or 
agency under whose jurisdiction the fire occurred. This shall be a sum 
no greater, although it may be less, that the reimbursable amount 
determined by the Director, FEMA, with respect to the claim under 
Sec. 151.12 (a), (b) and (c).
    (e) Upon receipt of written notification from the claimant of its 
intention to accept the amount authorized as full settlement of the 
claim, accompanied by a properly executed document of release, the 
Director will forward the claim, a copy of the Director's determination 
and the claimant's document of release to the Secretary of the Treasury 
for payment of the claim in the amount authorized.
    (f) Subject to the discovery of additional material evidence, the 
Director may reconsider any determination in this section, whether or 
not made as his final determination.

[49 FR 5929, Feb. 16, 1984, as amended at 49 FR 38119, Sept. 27, 1984]