[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: 44CFR295.50]



[Page 557-559]

 

              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 F_Glossary

 

Sec.  295.50  Definitions





    Administrative Appeal means an appeal of the Authorized Official's 

Determination to the Director of OCGFC in accordance with the provisions 

of Subpart E of these regulations.

    Administrative Record means all information submitted by the 

Claimant and all information collected by FEMA concerning the claim, 

which is used to evaluate the claim and to formulate the Authorized 

Official's Determination. It also means all information that is 

submitted by the Claimant or FEMA in an Administrative Appeal and the 

decision of the Administrative Appeal. It excludes the opinions, 

memoranda and work papers of our attorneys and drafts of documents 

prepared by OCGFC personnel and contractors.

    Alternate Dispute Resolution Office means the Office established by 

FEMA to promote use of Alternative Dispute Resolution as a means of 

resolving disputes. The address of the Alternate Dispute Resolution 

Office is Federal Emergency Management Agency, 500 C Street, SW., 

Washington, DC 20472.

    Authorized Official means an employee of the United States who is 

delegated with authority by the Director of OCGFC to render binding 

determinations on claims and to determine compensation due to Claimants 

under the CGFAA.

    Authorized Official's Determination means a report signed by an 

Authorized Official and mailed to the Claimant evaluating each element 

of the claim as stated in the Proof of Loss



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and determining the compensation, if any, due to the Claimant.

    Claimant means a person who has filed a Notice of Loss under the 

CGFAA.

    Claims Reviewer means an employee of the United States or an OCGFC 

contractor or subcontractor who is authorized by the Director of OCGFC 

to review and evaluate claims submitted under the CGFAA.

    Days means calendar days, including weekends and holidays.

    Destruction of a Home means destruction or physical damage to a 

residence or the land upon which it sat, resulting from the Cerro Grande 

Fire.

    Discount to Net Present Value means a reduction of an award for 

damages arising in the future by making allowance for the fact that such 

award, if properly invested would earn interest.

    Household means a group of people, related or unrelated, who live 

together on a continuous basis and does not include members of an 

extended family who do not regularly and continuously cohabit.

    Household Including Tribal Members means a Household that existed on 

May 4, 2000, which included one or more Tribal Members as continuous 

residents.

    Indian tribe means an entity listed on the most recent list of 

federally recognized tribes published in the Federal Register by the 

Secretary of the Interior pursuant to the Federally Recognized Indian 

Tribe List Act, 25 U.S.C. 479a, or successor legislation.

    Injured Person means an individual, regardless of citizenship or 

alien status, an Indian tribe, corporation, tribal corporation, 

partnership, company, association, cooperative, joint venture, limited 

liability company, estate, trust, county, city, State, school district, 

special district or other non-Federal entity that suffered Loss 

resulting from the Cerro Grande Fire and any entity that provided 

insurance to an Injured Person. The term Injured Person includes an 

Indian tribe with respect to any claim relating to property or natural 

resources held in trust for the Indian tribe by the United States. 

Lenders holding mortgages or security interests on property affected by 

the Cerro Grande fire and lien holders are not ``Injured Persons'' for 

purposes of the CGFAA.

    Loss means ``injury or loss of property, or personal injury or 

death,'' as that phrase appears in the Federal Tort Claims Act, 28 

U.S.C. 1346(b)(1), and the several categories of ``property loss,'' 

``business loss'' or ``financial loss'' set out in the Sec.  104(d) of 

the CGFAA.

    Mitigation Compensation Plan means a written mitigation plan 

submitted by a local government with land use regulatory authority or by 

an Indian tribe that recommends specific mitigation measures to reduce 

the heightened risks of wildfire, flood or other natural hazards 

resulting from the Cerro Grande Fire or seeks compensation for the cost 

of such measures expended before August 28, 2000, or both. The 

Mitigation Compensation Plan may address property specific mitigation 

measures and community level mitigation measures.

    Notice of Loss means a form supplied by OCGFC through which an 

Injured Person makes a binding, conclusive and irrevocable election to 

have all Losses resulting from the Cerro Grande Fire reviewed by FEMA 

for possible compensation under the CGFAA.

    Proof of Loss means a statement, signed by a Claimant under penalty 

of perjury and subject to the provisions of 18 U.S.C.1001 that the claim 

is true and correct, attesting to the nature and extent of the 

Claimant's injuries.

    Public Assistance Program means the FEMA program establish under 

Subchapter IV of the Robert T. Stafford Disaster Relief and Emergency 

Assistance Act, as amended, 42 U.S.C. 5121, et seq., which provides 

grants to States, local governments, Indian tribes and private nonprofit 

organizations for emergency measures and repair, restoration and 

replacement of damaged facilities.

    Replacement Cost means the cost of replacing an item that is damaged 

or destroyed with an item that is comparable in quality and utility.

    Release and Certification Form means a document in the manner 

prescribed by Sec.  104(e) of the CGFAA that all Claimants who have 

received or are awarded compensatory damages under the CGFAA must 

execute and return to OCGFC as required by Sec.  295.30(c).



[[Page 559]]



    Subsistence Resources means food and other items obtained through 

hunting, fishing, firewood and other resource gathering, timbering, 

grazing or agricultural activities undertaken by the Claimant without 

financial remuneration.

    Tribal Member means an enrolled member of an Indian Tribe.



                        PARTS 296	299 [RESERVED]



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