[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 44CFR295.12]



[Page 549]

 

              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 B_Bringing a Claim Under the CGFAA

 

Sec.  295.12  Election of remedies.



    (a) By filing a Notice of Loss, an Injured Person waives the right 

to seek redress for Cerro Grande Fire related claims against the United 

States through the Federal Tort Claims Act or by filing a civil action 

authorized by any other provision of law.

    (b) An Injured Person who files a Federal Tort Claims Act claim or 

who initiates a civil action against the United States or any officer, 

employee or agent of the United States relating to the Cerro Grande Fire 

on or after August 28, 2000 is not eligible under the CGFAA to file a 

Notice of Loss.

    (c) An Injured Person who filed before August 28, 2000 a Federal 

Tort Claims Act claim or a civil action against the United States for 

injuries, losses or damages relating to the Cerro Grande Fire may file a 

Notice of Loss provided that the Federal Tort Claims Act claim is 

withdrawn or the Injured Person is dismissed as a party to the civil 

action with prejudice not later than October 27, 2000. The withdrawal of 

a Federal Tort Claims Act claim must be in the form of a signed, written 

statement on a form provided by OCGFC that is filed with OCGFC not later 

than October 27, 2000. OCGFC will promptly forward the original notice 

of withdrawal to the applicable federal agency and retain a copy in the 

Claimant's file.