[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR151.12]



[Page 386-387]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

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 387]]



    (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]