[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR295.12]

[Page 532]
 
              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withdrawn or the Injured Person is dismissed as a party to the civil 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.