News | August 30, 2000

Cerro Grande Fire Compensation Interim Regulations call for flexibility

On August 28, FEMA regulations providing the initial ground rules for implementing the Cerro Grande Fire Assistance Act were published in the Federal Register. Publication of the interim rule allows the Federal Emergency Management Agency (FEMA) to immediately begin processing claims and working with those affected by the fire, which burned out of control after being set on May 4 by the National Park Service to clear underbrush. To facilitate the claims process, FEMA opened Customer Service Centers today in Los Alamos, EspaƱola, Santa Clara Pueblo, San Ildefonso Pueblo and White Rock.

The Cerro Grande Fire Assistance Act, sponsored by New Mexico's congressional delegation, directs FEMA to develop and implement a program that will compensate those who were injured or suffered property, financial or businesses losses because of the Cerro Grande Fire.

"We are going to handle this compensation program with the utmost sensitivity for those who suffered from the fire," FEMA Director James Lee Witt said. "We are here to compensate people for their losses to the fullest extent possible, and that means everyone affected and everything we can do under the law."

The interim regulations, available on FEMA's Web site at http://www.fema.gov/CerroGrande, provide an overview of the claims process, explain the procedures for filing a claim, describe compensation available under the Act, explain how claims are to be documented and evaluated, and discuss appeal rights, arbitration and judicial review.

The first step in filing a claim with FEMA under the Act is to file a Notice of Loss. All Cerro Grande Fire related claims must be submitted to FEMA in order to obtain benefits under the legislation.

Cerro Grande Fire Compensation

  • Loss of income
  • Loss of business
  • Replacement cost for a home
  • Debris removal
  • Landscaping
  • Land stabilization
  • Loss of land value
  • Household contents
  • Reasonable cost of mitigation measures
  • Unique personal property items
  • Interest paid on SBA and similar disaster loans
  • Subsistence resources normally used by tribal members
Documenting damage from the Cerro Grande fire
Individuals, households and businesses who file claims under this legislation will need to attest to loss or injury and provide other documentation to corroborate the nature, extent and value of their losses - if it is reasonably available.

FEMA will be able to make partial payments and can reopen claims under some circumstances. If people don't agree with FEMA's compensation package, they can appeal the finding. If they still are not satisfied, they can initiate arbitration or seek judicial review.

"Our goal is to provide a simple expedited process for everyone who suffered losses from the Cerro Grande Fire," said Witt. People who want to formally comment on the regulations are urged to send their written comments to FEMA by Oct. 27, 2000, to Rules Docket Clerk, Office of the General Counsel, Federal Emergency Management Agency, 500 C St. SW, Room 840, Washington, DC 20472. The e-mail address for official comments is rules@fema.gov.

Customer service centers opened
FEMA also opened six Customer Service Centers in affected areas to provide a resource for people who have losses from the fire. Customer Service Representatives will staff the centers to help people throughout the entire claims process. Translators and interpreters will be available.
Center hours are 9 a.m. to 7 p.m., seven days a week until further notice. For more information call FEMA's toll-free information line at 1-888-748-1853.

The Cerro Grande Fire Customer Service Centers are the following:

  • Los Alamos, Canyon School, 1200 4th Street;
  • Los Alamos, IT Building, 235 Central Park Square (this center includes a supervised play area for children);
  • EspaƱolde, Johnson Controls, 1027 North Railroad Avenue;
  • White Rock, LANL Bldg. 00-1313, 134 State Road 4;
  • Santa Clara Pueblo, Tan building at Health Clinic; and
  • San Ildefonso Pueblo, Tewa Center.
Edited by Bob Arguero, Managing Editor, GovCon