[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR295.5]

[Page 522-523]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 295--CERRO GRANDE FIRE ASSISTANCE--Table of Contents
 
                           Subpart A--General
 
Sec. 295.5  Overview of the claims process.

    (a) The CGFAA is intended to provide persons who suffered losses 
from the Cerro Grande Fire with a simple, expedited process to seek 
redress from the

[[Page 523]]

United States. This section provides a brief explanation of the claims 
process for claims other than subrogation claims. It is not intended to 
supersede the more specific regulations that follow and explain the 
claims process in greater detail. In order to obtain benefits under this 
legislation, a person must submit all Cerro Grande Fire related claims 
against the United States to FEMA. A person who elects to proceed under 
the CGFAA is barred from bringing a claim under the Federal Tort Claims 
Act or filing a civil action against the United States for damages 
resulting from the Cerro Grande Fire. Judicial review of our decisions 
under the CGFAA is available.
    (b) The first step in the process is to file a Notice of Loss with 
OCGFC. OCGFC will provide the Claimant with a written acknowledgement 
that the claim has been filed and the claim number.
    (c) Shortly thereafter, a Claims Reviewer will contact the Claimant 
to review the claim. The Claims Reviewer will help the Claimant 
formulate a strategy for obtaining any necessary documentation or other 
support. This assistance does not relieve the Claimant of his or her 
responsibility for establishing all elements of the Loss and the 
compensatory damages that are sought, including that the Cerro Grande 
Fire caused the Loss. After the Claimant has had an opportunity to 
discuss the claim with the Claims Reviewer, a Proof of Loss will be 
presented to the Claimant for signature. After any necessary 
documentation has been obtained and the claim has been fully evaluated, 
the Claims Reviewer will submit a report to the Authorized Official. The 
Claims Reviewer is responsible for providing an objective evaluation of 
the claim to the Authorized Official.
    (d) The Authorized Official will review the report and determine 
whether compensation is due to the Claimant. The Claimant will be 
notified in writing of the Authorized Official's Determination. If the 
Claimant is satisfied with the decision payment will be made after the 
Claimant returns a completed Release and Certification Form. If the 
Claimant is dissatisfied with the Authorized Official's Determination an 
Administrative Appeal may be filed with the Director of OCGFC. If the 
Claimant remains dissatisfied after the appeal is decided, the dispute 
may be resolved through binding arbitration or heard in the United 
States District Court for the District of New Mexico.