Hermit’s Peak/Calf Canyon 

Claims Program and Policy 

Guide

Version 1.0

Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

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TABLE OF CONTENTS 

1. General ....................................................................................................................................... 6

1.1 Historical Context ................................................................................................................. 6

1.2 The Claims Office Way and FEMA Core Values .................................................................. 6

1.3 Authority ............................................................................................................................... 7

1.4 Election of Remedies ........................................................................................................... 7

1.5 Purpose of this Guide .......................................................................................................... 8

2. Overview of the Claims Process ................................................................................................ 9

2.1 Claims Process ................................................................................................................... 10

Notice of Loss Submission and Acknowledgement ........................................................... 10

Loss Documentation............................................................................................................. 11

Proof of Loss Submission ..................................................................................................... 11

Proof of Loss Review and Determination ............................................................................ 11

Compensation Determination .............................................................................................. 12

2.2 Claims Office Organization ................................................................................................ 12

Roles and Responsibilities ................................................................................................... 12

Appeals .................................................................................................................................. 13

Claims Office Advocate ......................................................................................................... 13

Withdrawing from the Claims Process ................................................................................ 14

Translation Services ............................................................................................................. 14

Privacy Act ............................................................................................................................. 15

3. Notice of Loss .......................................................................................................................... 16

3.1 Who Can Submit a Notice of Loss .................................................................................... 16

Subrogation Claims .............................................................................................................. 17

3.2 How to Submit a Notice of Loss ........................................................................................ 18

NOL Information and Signature Requirements .................................................................. 18

Claims Office Locations and Hours of Operation ............................................................... 19

Deadline for Filing a Notice of Loss ..................................................................................... 19
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3.3 Notice of Loss Acknowledgement ..................................................................................... 20

4. Proof of Loss ............................................................................................................................ 21

4.1 Supporting a Proof of Loss ................................................................................................ 21

Eligibility Documentation ...................................................................................................... 22

Valuation Documentation .................................................................................................... 28

Declarations and Affidavits .................................................................................................. 29

4.2 How to Submit a Proof of Loss .......................................................................................... 29

Completing a Proof of Loss .................................................................................................. 29

Evaluating the Proof of Loss ................................................................................................ 30

4.3 Letter of Determination ..................................................................................................... 31

Release and Certification ..................................................................................................... 31

5. Loss Categories and Evaluation ............................................................................................. 33

5.1 General Requirements ...................................................................................................... 33

5.2 Property Losses ................................................................................................................. 33

Real Property ......................................................................................................................... 33

Homeowners Insurance Increases ...................................................................................... 36

Subsistence Resources ........................................................................................................ 37

Personal Property/Contents ................................................................................................ 37

5.3 Financial Losses ................................................................................................................ 39

Small Business Administration and Disaster Recovery Loans .......................................... 39

Flood Insurance .................................................................................................................... 40

Donations to Survivors of the Fire ....................................................................................... 43

Heightened Risk Reduction ................................................................................................. 44

Private Property Debris Removal ......................................................................................... 45

Relocation and Evacuation .................................................................................................. 45

Temporary Housing Expenses.............................................................................................. 47

Medical Expenses ................................................................................................................. 48

Lost Interest Income / Interest Paid ................................................................................... 49

5.4 Business Losses ................................................................................................................ 49
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Business Interruption ...........................................................................................................50

Start-up Businesses .............................................................................................................50

Discontinuing Expenses .......................................................................................................50

Future Business Losses .......................................................................................................51

5.5 Government and Private Non-Profit Losses.....................................................................51

Ineligible Costs under FEMA PA...........................................................................................52

Fire-Related Staffing.............................................................................................................53

Other Federal Agency Grants Funding Match.....................................................................54

Acequias................................................................................................................................54

Cascading Impacts for Government Claimants ..................................................................55

5.6 Future Financial Losses ....................................................................................................55

5.7 Reimbursement of Expenses to Submit a Claim.............................................................56

5.8 Exclusions...........................................................................................................................56

Punitive Damages and Claimant Costs...............................................................................56

Noneconomic Damages .......................................................................................................56

Attorney or Agent Fees .........................................................................................................57

Loss of Non-Proprietary Uses...............................................................................................57

Lost Interest on Income from Lost Opportunities or Speculation .....................................57

6. Risk Reduction.........................................................................................................................58

6.1 Eligibility for Risk Reduction..............................................................................................58

6.2 Eligible Work- Homeowner/Parcel Scale Actions ............................................................59

Wildfire Risk Reduction ........................................................................................................59

Post-Fire Flooding Risk Reduction.......................................................................................60

Risk Reduction and Future Losses......................................................................................61

6.3 Eligible Work- Community Scale Actions..........................................................................62

Risk Reduction for Public Facilities .....................................................................................62

Nature-based Risk Reduction Activities ..............................................................................62

6.4 Risk Reduction Proposal and Technical Assistance........................................................63

6.5 Use of Risk Reduction Funding.........................................................................................65
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Verification of Project Completion .......................................................................................65

7. Duplication of Benefits............................................................................................................67

7.1 Sources of Potential Duplication of Benefits ...................................................................67

Insurance Compensation .....................................................................................................67

Other Federal Financial Assistance.....................................................................................67

Assistance through the State of New Mexico .....................................................................67

Benefits Provided by Non-Governmental Organizations and Individuals .........................68

7.2 Duplication of Benefits Review Process...........................................................................68

8. Payments..................................................................................................................................69

8.1 General...............................................................................................................................69

Taxes......................................................................................................................................70

Banking Information Form ...................................................................................................70

Fraud Prevention Controls ...................................................................................................71

8.2 Partial Payments................................................................................................................72

Eligible Losses for Partial Payment .....................................................................................73

9. Reopening or Supplementing a Claim....................................................................................75

9.1 Reopening a Claim.............................................................................................................75

10. Appeals and Arbitration of Claims........................................................................................76

10.1 Administrative Appeals ...................................................................................................76

10.2 Arbitration ........................................................................................................................78

10.3 Authority to Settle or Compromise Claims.....................................................................79

Collecting Erroneous Payments...........................................................................................79

11. Access to Records and Privacy Act ......................................................................................81

11.1 Privacy Protection............................................................................................................81

11.2 Audits and Investigation .................................................................................................81

11.3 Request for Information..................................................................................................81

11.4 Request for File ...............................................................................................................82

 
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List of Figures

Figure 1: Claims Process Overview ............................................................................................... 9

Figure 2: Roles and Responsibilities .......................................................................................... 13

Figure 3: Notice of Loss ............................................................................................................... 16

Figure 4: Proof of Loss ................................................................................................................. 21

Figure 5: Partial Payments Process ............................................................................................ 73

List of Tables 

Table 1: Proof of Ownership ........................................................................................................ 24

Table 2: Proof of Occupancy ....................................................................................................... 28
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1. GENERAL 

1.1 Historical Context

On April 6, 2022, the U.S. Forest Service (USFS) initiated the Las Dispensas-Gallinas 

prescribed burn on federal land in the Santa Fe National Forest in San Miguel County, New 

Mexico. That same day, the prescribed burn, known as the “Hermit's Peak Fire,” escaped the 

burn unit's boundaries and the USFS declared it as a wildfire, spreading to other federal and 

non-federal lands. On April 19, 2022, the Calf Canyon Fire, also in San Miguel County, New 

Mexico, began burning on federal land and was later identified as the result of a pile burn in 

January 2022 that remained dormant under the surface before reemerging.

The Hermit's Peak and Calf Canyon Fires merged on April 27, 2022, and both fires were 

reported as the Hermit's Peak Fire or the Hermit's Peak/Calf Canyon Fire (“fire”). By May 2, 

2022, the fire had grown, causing evacuations in multiple villages and communities in San 

Miguel County and Mora County. At the request of New Mexico Governor Lujan Grisham, 

President Biden issued a major disaster declaration on May 4, 2022. The fire was 100 

percent contained by August 21, 2022.

On September 30, 2022, President Biden signed the Hermit’s Peak/Calf Canyon Fire 

Assistance Act (“Act”) into law as part of the Continuing Appropriations and Ukraine 

Supplemental Appropriations Act, 2023, Public Law 117–180, 136 Stat. 2114 (2022). 

Congress passed the Act to compensate parties who suffered losses from the Hermit's 

Peak/Calf Canyon Fire. 

1.2 The Claims Office Way and FEMA Core Values 

The Claims Office has two principal goals that guide the way we deliver our mission: (1) 

provide full compensation available under the law as expeditiously as possible with the 

smallest burden placed on claimants, and (2) create a world class organization that meets 

the needs of New Mexicans impacted by wildfires and subsequent floods. To achieve this, 

the Claims Office developed a set of values and fundamentals that are critical to how the 

organization operates: 1) operate as one team executing one mission; 2) do the right thing 

today and tomorrow; 3) deliver excellence to help everyone succeed in the claims process; 

4) respect the needs and experiences of those we serve; 5) communicate clearly and, 

transparently; 6) honor commitments; 7) practice rapid reconciliation; and 8) invest in us. In 
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addition, the Claims Office has set the expectation that all employees embody the core 

values of FEMA which are compassion, fairness, integrity, and respect. 

1.3 Authority 

The Hermit's Peak/Calf Canyon Claims Office (“Claims Office”) provides compensation based 

on the Act and the Hermit's Peak/Calf Canyon Fire Assistance regulations codified at 44 

C.F.R. Part 296. These authorities identify eligible losses and requirements for filing a claim. 

When the Program and Policy Guide (PPG) uses the words “must” or “required,” it is a legal 

requirement. Claimants1 may jeopardize their compensation if they do not comply with these 

requirements. 

The Act requires the Federal Emergency Management Agency (FEMA) to design and 

administer a claims program to compensate claimants for their property losses, financial 

losses, and business losses, while providing expeditious consideration and settlement for 

those claims. The Act’s funding is distributed through the Claims Office directly. The Claims 

Office works alongside the state of New Mexico, Tribal Nations, and local partners to design 

and implement the Hermit’s Peak/Calf Canyon claims process. The Act further directs FEMA 

to establish an appeals and arbitration process to resolve disputes regarding claims.

1.4 Election of Remedies 

Individuals and entities may seek compensation for damages suffered from the fire from the 

United States through one of three mechanisms: 

• the Act; 

• the Federal Tort Claims Act; or 

• a civil lawsuit against the United States (as authorized by another law). 

Injured Persons2 who accept a final award under the Act waive the right to pursue any 

claims arising out of or relating to the same subject matter, whether through the Federal 

1 A person or entity that has filed a Notice of Loss (NOL) under the Act.

2 Injured Person is defined as, “An individual, regardless of citizenship or alien status; or a Tribal Nation, tribal 

corporation, corporation, partnership, company, association, county, township, city, state, school district, or 

other non-federal entity with losses resulting from the fire. The term Injured Person includes a tribal 

government or Tribal Nation with respect to any claim relating to property or natural resources held in trust for 

the tribe by the United States. Lenders holding mortgages or security interests on property affected by the 

Hermit’s Peak/Calf Canyon Fire and lien holders are not an “Injured Person” for purposes of the Act.” 44 C.F.R. 

§ 296.4. 
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Tort Claims Act or a civil lawsuit.3 An Injured Person who accepts a final award from the 

United States under the Federal Tort Claims Act or other civil action relating to the fire 

similarly waives the right to pursue a claim under the Act. When a claimant accepts a partial 

payment award, they waive the right to pursue legal action regarding the items in that partial 

payment. They can pursue compensation for other losses via the claims process, the 

Federal Tort Claims Act, or a civil lawsuit against the United States (as authorized by another 

law). 

1.5 Purpose of this Guide 

FEMA issues policy and guidance to articulate the Agency’s intent and direction when 

implementing statutory and regulatory authority. The purpose of the PPG is to define the 

Claims Office’s policy and procedural requirements at the time of publication. 

The PPG provides high-level program delivery information and describes important 

processes that occur throughout the claim lifecycle. The Claims Office uses the PPG to 

inform claimants, community members, and Claims Office staff of the policy guidelines 

applicable to claims filed under the Act. However, each claim will be resolved on a case-bycase basis, taking into consideration each claimant's particular circumstances.

The Claims Office will release new versions of the PPG when updates are required to reflect 

the best available data, updated policy, process changes, or eligibility clarifications. The 

changes will be noted in the version history, table of changes, and a new version number will 

be assigned. 

Although the PPG is based on and aligned with the Act and the implementing regulations, 

those authorities supersede this guide in the event of a conflict.

3 44 C.F.R. § 296.12.
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2. OVERVIEW OF THE CLAIMS PROCESS 

The Claims Office staff supports claimants throughout the claims process. Navigators and 

Claims Reviewers are the primary staff that claimants interact with from the Claims Office. 

Navigators are trusted members of the local community that provide individualized support 

to claimants and assist them throughout the life of the claim but are not authorized to make 

eligibility or compensation determinations. Navigators are FEMA employees. Claims 

Reviewers are insurance adjusters contracted by the Claims Office that are authorized by 

the Claims Office Director to review and evaluate claims submitted under the Act (see Roles 

and Responsibilities for descriptions of staff roles and responsibilities). 

Figure 1: Claims Process Overview lists each step of the claims process. The claimant has 

150 days from the date that the Notice of Loss (NOL) was acknowledged by the Claims 

Office to submit their final Proof of Loss (POL). The Claims Office has 180 days from the date 

that the NOL was acknowledged to process a claim and notify the claimant of a 

compensation determination. A document is deemed submitted to the Claims Office based 

on the date that the document is postmarked or emailed. 

Figure 1: Claims Process Overview 
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2.1 Claims Process 

Notice of Loss Submission and Acknowledgement

Filing a NOL with the Claims Office is the first step in the claims process. The Claims Office 

supplies the NOL form, through which an Injured Person enters the claims process for 

possible compensation under the Act. On the NOL, claimants provide their contact

information, list losses for which they are seeking compensation, and identify an Authorized 

Third-Party representative, if desired. To designate a third-party representative and authorize 

them to receive communications, claimants must complete the third-party representation 

portion of the NOL identifying the attorney or other authorized representative and 

consenting to disclosure of claim information.

Claimants can consent to share their claim information with the State of New Mexico on the 

NOL. This allows the Claims Office to share information with the Disaster Case Management 

(DCM) program administered by the State. The DCM program helps to support claimants by 

identifying different types of assistance to meet immediate or short-term unmet needs. 

After submitting the NOL, the Claims Office will assign a Navigator to the claim who will 

contact the claimant to review their NOL and verify contact information. The Claims Office 

will provide the claimant or authorized third party with a written or electronic 

acknowledgement that the claim has been filed and assigned a unique claim number. This 

acknowledgement starts the 150-day deadline for the claimant to submit their final POL and

supporting documentation and the 180-day deadline for the Claims Office to make a 

compensation determination.

During the initial conversation between the claimant and their assigned Navigator, the 

Navigator may support the claimant in identifying losses that can be eligible for a partial 

payment. This provides an opportunity for the claimant to receive payment for eligible losses 

while still progressing through the claims process for their overall, larger claim(s). For more 

information regarding partial payments, refer to 8.2 Partial Payments. 

Claimants must submit all NOLs no later than November 14, 2024.4

4 Section 104(d)(4)(C)(vii) of the Act, Pub. Law 117-180, 136 Stat. 2169.
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Loss Documentation 

Navigators maintain contact with the claimant and support the claimant throughout the 

claims process. Navigators will discuss losses identified in the NOL, advising the claimant of 

common types of losses and the supporting documentation requirements that will likely be 

applicable to their claims. The Navigator can also help the claimant obtain required 

documentation, help complete and submit necessary forms, and answer any questions a 

claimant may have. The Navigator acts as the Claims Office main contact for the claimant 

and may provide other support as requested, such as informing the claimant of other 

available federal financial assistance or referring the claimant to other state, local, and/or 

tribal resources and programs.

Proof of Loss Submission 

After the claimant discusses their submitted claim with their Navigator, the Navigator and 

claimant will begin gathering documents to complete a POL form. The POL is a sworn

statement attesting to the nature and extent of the claimant’s losses. Claimants can submit 

multiple POLs for their claim if any of their losses are severable and eligible for partial 

payment. See 8.2 Partial Payments section for more information about severable losses and 

partial payments. A final POL must be submitted within 150 days of the NOL

acknowledgement. The Claims Office will reach out to claimants 120 days after 

acknowledgement of the NOL to ensure the claim is on track to meet the deadlines to 

ensure they are progressing with any documentation needs and offer support as necessary. 

All POLs associated with the claim must be signed and submitted within 150 days of the 

NOL acknowledgement date, as required by the regulations.5 The claimant is responsible for 

establishing that any submitted losses are the result of the fire and for providing all 

documentation needed to assess those losses for eligibility and compensation.

Proof of Loss Review and Determination

The Claims Reviewer will review the POL and supporting documentation and prepare a 

summary which will include a recommended compensation amount for each loss listed on 

the POL and any duplication of benefits (DOB) payments that affect the Claims Office 

compensation determination. The Claims Reviewer will also review relevant documentation 

to verify that the loss was caused by the fire or resulting hazards and will evaluate 

5 44 C.F.R. § 296.30(b).
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ownership documents to verify the claimant is the proper payee. The Claims Reviewer is 

responsible for providing an objective evaluation of the claim to the Authorized Official.

Compensation Determination 

The Authorized Official will review the POL and summary prepared by the Claims Reviewer to

determine if the recommended compensation aligns with policies. The Authorized Official 

will then confirm the amount of compensation due to the claimant. The Claims Office will 

provide a written decision to the claimant through a Letter of Determination (LOD), which 

includes a summary of the compensation amounts determined by the Claims Reviewer. The 

LOD uses the POL and the Claims Reviewer summary to determine compensation. The 

claimant has 120 days to accept or reject the determination.6 If accepted, the claimant will 

receive payment after returning completed Release and Certification (R&C) and Banking 

Information form. 

When the claimant completes the final R&C Form and accepts final payment from the 

Claims Office, the claimant’s decision to accept compensation is final, and the claimant may 

no longer seek other legal remedies, but may reopen their claim under certain specific 

circumstances outlined in 9.1 Reopening a Claim.7

2.2 Claims Office Organization 

Roles and Responsibilities 

The figure below provides a summary of the personnel who interact most with claimants 

throughout the claims process. 

6 44 C.F.R. §296.32(b). 7 A partial R&C and partial payment is only final as to the part of the claim for which partial payment is 

accepted. If a claimant accepts a partial payment on estimated costs, the claimant can reopen the claim for 

compensation of actual costs, as discussed in 9.1 Reopening a Claim.
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Figure 2: Roles and Responsibilities 

Appeals 

If the claimant is not satisfied with the decision and chooses not to sign the R&C Form, the 

claimant may file an administrative appeal with the Claims Office Director. If the claimant is 

not satisfied after appeal, the dispute may be resolved through binding arbitration or heard 

in the United States District Court for the District of New Mexico. At any time prior to 

accepting final payment from the Claims Office, the claimant may withdraw the claim and 

pursue any other available legal remedies. 

More detail on the appeals process can be found in 10.1 Administrative Appeals. 

Claims Office Advocate 

The mission of the Advocate is to ensure the Claims Office and processes are equitable, 

claimant-centric, accountable, and transparent. The Advocate works to ensure that the 

affected communities are fully informed of the claims process and the types of 

compensation available. To do this, the Advocate fosters connections with various local 

stakeholders and partners to best understand the needs of the community. The team 

regularly hosts local events to provide support and information to claimants and the 

community outside of Claims Office locations and after working hours. The Advocate reports 

A Claims Office employee who is a trusted member of the local community and who 

provides individualized support to claimants and assists them throughout the life of the 

claim but are not authorized to make eligibility or compensation determinations for any 

claim. Navigator

A licensed insurance adjuster contracted by the Claims Office who is authorized by the 

Claims Office Director to review and evaluate claims submitted under the Act. Their role is to 

work with the claimant to obtain relevant documentation, analyze the documentation, and 

make a recommendation to an Authorized Official.

Reports to the Claims Office Director and works with claimants to resolve conflicts and 

concerns; educates claimants on claim process and policy; and identifies challenges 

claimants are having with the claims process.

Claims Reviewer

Advocate

An employee of the United States government who is delegated authority by the Claims 

Office Director to render binding determinations on claims and to determine compensation 

due to claimants under the Act. Only Authorized Officials have the authority to decide 

claims. Authorized Official
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directly to the Claims Office Director and independently identifies and escalates challenges 

with the claims process or issues brought to their attention by the community. The 

Advocate’s Office also works directly with claimants when they encounter challenges during 

the claims process and advocates on their behalf for timely and fair resolution. Finally, the 

Advocate collaborates with Claims Office staff to identify ways to simplify the claims process 

for claimants. 

At any point throughout the claims process, a claimant may elect to elevate any concerns or 

questions to the Advocate. The claimant can access the Advocate through their Navigator or 

using the following contact information:

Claims Office Advocate

(505) 403-3373

FEMA-Hermits-Peak-Claims-Advocate@fema.dhs.gov

https://www.fema.gov/disaster/current/hermits-peak/contact-us

Withdrawing from the Claims Process 

Claimants may withdraw their claim from consideration for compensation at almost any 

point during the claims process. Claimants can withdraw after submitting their NOL, after 

their NOL is acknowledged, after submitting their POL, and after accepting a partial 

payment. If a claimant has accepted a partial payment and received the payment 

distribution, they can still withdraw the rest of their claim from the claims process. 

The only point at which a claimant can no longer withdraw their claim is after receiving and 

accepting their final payment LOD. If the claimant has accepted the payment determination 

listed in their final LOD and submitted a completed and signed R&C Form for that final LOD, 

they are no longer able to withdraw their claim. Claimants may provide their withdrawal 

notice to the Claims Office in writing via an email or letter. At minimum, the withdrawal 

notice should include the claimant’s name, claim ID, and a statement that the claimant 

intends to withdraw the claim. The notice to withdraw can be sent to the Claims Office via 

email, fax or mail. 

Translation Services 

Translators can provide information and assist claimants throughout the claims process

either in person or by telephone. The Claims Office provides all required forms in both 

English and Spanish. 
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Privacy Act 

FEMA is required to provide a copy of the Privacy Act Notice to all claimants, which is 

included with the NOL.8 While the Claims Office encourages claimants to read and 

understand the Privacy Act Notice, there is no requirement that a claimant sign or initial a 

statement that states that the notice has been read and understood.

8 44 C.F.R. § 296.37.
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3. NOTICE OF LOSS 

3.1 Who Can Submit a Notice of Loss

Any Injured Person can submit a NOL to the Claims Office. An Injured Person under this Act 

is defined as any individual, regardless of citizenship or alien status; or a Tribal Nation, tribal 

corporation, corporation, partnership, company, association, county, township, city, state, 

school district, or other non-federal entity that suffered injuries resulting from the fire.9 An 

Injured Person that submits a NOL to the Claims office is a claimant.

Claimants that wish to be represented by an attorney or other third party in the claims 

process must complete the “Authorization of Representation” section of the NOL to identify 

their legal representation and consent to the disclosure of their claim information. In 

addition to attorneys, claimants can also designate a family member or friend as an 

Authorized Third-Party representative. 

If the Injured Person is deceased, the claim can be filed by the lawfully appointed executor 

or personal representative of the estate. The executor or personal representative should 

9 Section 103(4) of the Act, Pub. Law 117-180, 136 Stat. 2169; 44 C.F.R. § 296.4. 

Claimant submits 

NOL

Claims Office 

Receives, 

Acknowledges,* and 

Assigns NOL

Navigator Works 

with Claimant and 

Claim Reviewer on 

Proof of Loss (POL) 

Claimant Signs and 

Submits POL for 

Adjudication 

Claim Reviewer 

Generates Report 

with 

Recommendations

Full Report Reviewed, 

Compensation 

Determined

Letter of 

Determination 

Prepared and Sent to 

Claimant

Decision Regarding 

Acceptance of Claim 

Determination or 

Appeal

START

END

Appeal 

Process

Payment 

Process

7 6

*Starts the 150-

day timeline

MAX: 180 Days

1 2 3

5 4

Figure 3: Notice of Loss 
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send proof of their authority when submitting the claim so that their eligibility to submit a 

claim can be verified by the Claims Office.

The Claims Office does not require individual claimants apply for FEMA disaster assistance 

before filing a NOL. However, injured parties who are eligible applicants for FEMA Public 

Assistance (PA) are required to first apply for FEMA PA before submitting claims to the 

Claims Office (a list describing entities that must first apply to FEMA PA can be found in 5.5 

Government and Private Non-Profit Losses). Compensation will not be awarded by the 

Claims Office for losses or costs that are eligible under FEMA PA.

Subrogation Claims 

An insurer, or other third party with the rights of a subrogee who has compensated an 

Injured Person for fire-related losses, may file a NOL under the Act for the subrogated claim. 

A subrogee may file a NOL without regard to whether the Injured Person who received 

payment from the subrogee filed a NOL and received compensation from the Claims Office. 

A subrogee should not file a subrogation NOL until after they have made all payments to the 

insured, as the Claims Office will not process a subrogation claim for compensation until 

after all payments have been made by the subrogee. The subrogee may file a NOL if there is 

a dispute between the Injured Person and the subrogee which is pending before a third 

party (e.g., appraiser, arbitrator, or court), provided that the insurer has made the final 

payment that it believes that the insured is entitled to receive under the policy.10

Subrogation claimants will submit the POL contemporaneously with filing the NOL.11 The 

deadline to file a NOL, including a subrogation NOL, with the Claims Office is November 14, 

2024. Subrogation claims do not impact any claims in process for insured parties. 

The Claims Office will not consider a subrogation claim for compensation unless the 

subrogee commits to exclusively use the Act as its mechanism for seeking compensation 

from the United States for all fire-related subrogation claims and any other fire-related 

losses. By filing a NOL for any subrogated claim, the subrogee elects the Act as its exclusive 

remedy against the United States or any employee, officer, or agency of the United States for 

all subrogated claims arising out of the fire. 

10 44 C.F.R. §296.13. 11 44 C.F.R. § 296.13.
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3.2 How to Submit a Notice of Loss 

Interested parties can obtain a NOL form from FEMA’s website at 

http://www.fema.gov/hermits-peak or from any of the Claims Office locations listed in the 

Claims Office Locations and Hours of Operation section below. A claim submitted on any 

form other than the NOL form will not be accepted. 

A single NOL may be submitted on behalf of multiple Injured Persons provided that all 

Injured Persons listed on the claim are identified as members of the same household or 

have financial interest in the claim. The NOL should identify all owners or entities with an 

ownership interest in property for which compensation is being claimed.

NOL Information and Signature Requirements

Claimants must provide a brief description of each loss on the NOL.12 The NOL does not

need to include a comprehensive list of all losses experienced by the claimant, as claimants 

may identify additional losses as they progress through the claims process. Any additional 

losses not previously identified on the NOL can be included on the subsequent POL. 

Claimants do not need to amend their previously submitted NOL to include additional losses 

on the POL, however including additional losses does not change the deadlines associated 

with the claim. 

For individual or household claims, each claimant identified must sign the NOL. For business 

or organizational claims, an authorized representative or owner must sign the POL. If a 

claimant lacks the legal capacity to sign, such as a minor or an individual with diminished 

mental capacity, a duly authorized legal representative of the claimant can sign the NOL on 

their behalf. If signing the NOL as the legal representative of a claimant who lacks legal 

capacity, the signer must disclose their relationship to the claimant. The Claims Office may 

require a legal representative to submit evidence of their authority to act on behalf of the 

claimant.13 Claimants with legal or other representation must designate the attorney or 

other representative as their Authorized Third-Party representative on their signed NOL to 

comply with the Privacy Act and to ensure all communications are properly facilitated 

through their legal representation. 

12 44 C.F.R. §296.10. 13 44 C.F.R. §296.10. 
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Claims Office Locations and Hours of Operation

Claimants may file a NOL with the Claims Office by mail, email, or in person.14 

Mailing Address: 

FEMA Hermit’s Peak/Calf Canyon Claims Office

P.O. Box 1329

Santa Fe, NM 87504 

Email: fema-hermits-peak@fema.dhs.gov

Office Locations: 

For a list of Claims Office locations and operating hours, please visit:

https://www.fema.gov/disaster/current/hermits-peak/contact-us 

If a claimant submits a NOL in person at a Claims Office location, staff will perform a cursory 

review of the NOL to ensure the claimant has completed and signed the document before 

accepting it. Claimants should be aware that they are ultimately responsible for ensuring the 

NOL is appropriately signed when submitting the form. Staff can also make a copy for the 

claimant’s record, if requested. Staff will formally acknowledge the NOL later and enter it 

into the Claims Office system of record. 

Deadline for Filing a Notice of Loss 

The deadline to submit a NOL to the Claims Office is November 14, 2024.15 Claimants may 

include additional losses not listed on their NOL at any time up until submitting the final 

POL. Claimants may have more than one NOL for specific circumstances such as requesting 

flood insurance or risk reduction activities.

In limited circumstances, the claimant can request the Claims Office consider 

supplementing a claim after the POL is filed but before the R&C is submitted. The request to 

supplement must be received in writing not later than the deadline for filing an 

Administrative Appeal or November 14, 2024, whichever is earlier. The claimant can request 

to re-open a claim after the R&C has been filed, but these requests must be submitted by 

14 44 C.F.R. § 296.10(e). 15 44 C.F.R. § 296.11. 
Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

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November 14, 2025.16 More information regarding supplemental claims and re-opening of 

claims is available in 9: Reopening or Supplementing a Claim. 

3.3 Notice of Loss Acknowledgement 

The Claims Office aims to acknowledge each claim by letter and/or email to the address 

listed on the NOL within 30 days of receipt. If a claimant has questions on the status of their 

NOL acknowledgement, they may reach out to the Advocate for assistance. It is the 

operational goal for the Navigator to contact the claimant within three days of 

acknowledgement of the NOL. This allows the Navigator to confirm the claimant’s contact 

information by phone or email.

If a claimant is represented by an attorney as their authorized third party, the Claims Office 

will send the acknowledgement letter for their claim directly to the attorney. In claims with 

multiple claimants, notifications will go to the claimant designated as the primary contact on 

the NOL. The Claims Office considers the NOL formally acknowledged based on the date 

printed on the acknowledgement letter provided to the claimant. This date of 

acknowledgement starts the 150-day timeline for the claimant to develop and submit a final

POL, as well as the overall 180-day timeline for the Claims Office to make a compensation 

determination.

In addition to a mailed acknowledgement letter, the assigned Navigator will notify the 

claimant or their third-party representative via phone and advise them of the 

acknowledgement date and the POL submission deadline, both of which are also provided in 

the letter. Claimants can request that the Navigator send them a digital copy of the 

acknowledgement letter via email. The Claims Office will work to contact claimants through 

their preferred method of communication but may use multiple methods to ensure contact 

with the claimant is successful. 

16 44 C.F.R § 296.35.
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4. PROOF OF LOSS

The POL is a detailed accounting of a claimant’s loss(es) and the associated amounts of 

compensation being requested for each loss. The section of the form to request 

compensation is formatted according to the claimant type – Individual or Household, 

Business or Non-Profit Organization, or Government (state, local, or tribal). Claimants must 

also submit all required documentation to verify eligibility and support the claimantrequested amounts of compensation for each loss listed on the POL. 

The Navigator offers assistance to the claimant in completing their POL and collecting 

necessary documentation. The Claims Reviewer reviews, investigates, and objectively 

evaluates the POL on behalf of the Claims Office. Claims Reviewers do not function as 

agents or representatives of the claimant but work closely with the assigned Navigator to 

identify necessary documentation requirements to adequately assess the eligibility and 

valuation of the losses. The Claims Office may need to contact third-party sources, such as 

insurance companies, for additional information, and claimants may be asked to sign a 

release form to authorize information sharing between entities. 

4.1 Supporting a Proof of Loss 

The claimant bears the burden of proving their eligibility for compensation from the Claims 

Office and must provide documentation to verify their requested compensation amounts for 

Claimant submits 

NOL

Claims Office 

Receives, 

Acknowledges,* and 

Assigns NOL

Navigator Works 

with Claimant and 

Claim Reviewer on 

Proof of Loss (POL) 

Claimant Signs and 

Submits POL for 

Adjudication 

Claim Reviewer 

Generates Report 

with 

Recommendations

Full Report Reviewed, 

Compensation 

Determined

Letter of 

Determination 

Prepared and Sent to 

Claimant

Decision Regarding 

Acceptance of Claim 

Determination or 

Appeal

START

END

Appeal 

Process

Payment 

Process

7 6

*Starts the 150-

day timeline

MAX: 180 Days

1 2 3

5 4

Figure 4: Proof of Loss 
Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

22

each submitted loss.17 Claimants can submit any information or documentation that they 

deem relevant to their loss(es) to establish a record for the Claims Office to evaluate. The 

claimant is solely responsible for establishing this. The Claims Office is required to justify 

compensation determinations and expects claimants to provide any reasonably available 

documentation to corroborate the nature, extent, and value of their losses. 

While the Claims Office does have documentation standards that must be met to qualify for 

compensation, it aims to be as flexible as possible with the type and amount of 

documentation required, in alignment with regulations. In some circumstances, the Claims 

Office may rely on sworn statements (see Declarations and Affidavits under 4.1D: 

Supporting a Proof of Loss) in the absence of any other documentation. The Claims 

Reviewer will work with the Navigator to determine alternative documentation requirements 

to accommodate the claimant.

The Claims Office will consider all evidence in the record when making determinations on 

each claim. The Claims Office may require an inspection of real property to verify certain 

losses as part of the claims process.18

Eligibility Documentation 

To be eligible for compensation, a claimant must show that any losses being claimed were 

caused by the fire or subsequent flooding, wind shear, or other hazards arising from the fire, 

starting on April 6, 2022. Damage from other fires or other causes not related to the fire are 

not eligible. Documentation for proving a loss will vary depending on the loss type, but for all 

loss types, the claimant should be prepared to provide proof that their loss was specifically 

caused by the fire or subsequent events resulting from the fire.

Proof of Ownership 

Claimants must prove that they owned the damaged property at the time of loss caused by 

the fire or other hazards arising from the fire. Navigators can work with the claimants to 

verify ownership by helping the claimant to identify and collect one or more of the 

documentation types listed below.

17 44 C.F.R. § 296.30(a). 18 44 C.F.R § 296.30(a).
Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

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Table 1: Proof of Ownership includes examples of the types of documents and acceptable 

dates that claimants may submit to verify ownership. If primary sources for documenting 

ownership are unavailable, multiple secondary sources may be used to show ownership. 

Documentation to Verify Ownership 

Primary Source of Ownership 

Documentation 

Document and Description Acceptable Document Date 

Property Tax Statement: Tax Statements19 are the 

best form of current proof of ownership, and in most 

cases, the easiest to obtain. If the tax statement does 

not list a physical “street address,” supporting 

documentation from the documentation types shown 

below can be utilized to obtain a physical address. 

Current year statements are always 

available and show ownership effective 

April of 2022.

Deed or Official Record: Original deed, warranty deed

or deed of trust to the property. Must also include a 

utility bill dated between April 2022 and present. 

Deed must be current/effective between 

April 2022 to the present.

Mortgage Documentation: Mortgage statement, 

mortgage promissory note, or the closing disclosure 

form. 

Mortgage statements or escrow

documents must be dated between April 

2022 to the present.

Structural or real property insurance document, bill, or 

payment record. 

Documents must be dated between April 

2022 to the present.

Secondary Sources of Ownership Documentation 

Document and Description Acceptable Document Date

 Miscellaneous Legal Documents 

• Real Estate Contract

• Contract for Deed

• Land Installment Contract

• Quitclaim Deed

• Bill of Sale or Bond for Title

Document must be current/effective 

between April 2022 to the present. 

19 A current tax statement can be obtained online for San Miguel County at this link: Search. Mora County Tax 

Statements can be obtained in person at the Mora County Courthouse.
Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

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Documentation to Verify Ownership 

Mobile Home Park Letter: In the case of mobile homes 

or travel trailers located in a mobile home park, the 

claimant may submit a letter or other written statement 

from the commercial or mobile park owner or manager, 

which states that the claimant or co-claimant owned 

the fire-damaged dwelling at the time of the fire. The 

letter or written statement must include the name and 

telephone number of the individual providing 

verification and must explain how the individual knows 

the claimant or co-claimant owned the mobile home or 

travel trailer at the time of the fire (i.e., they had a copy 

of their ownership documentation on file).

The commercial or mobile park owner’s or 

manager’s letter or written statement 

must be dated current/effective between 

April 2022 to the present.

Court Documents: A copy of court documentation that 

states the claimant owns the fire-damaged dwelling. 

Court documentation must be effective 

between April 2022 to the present.

Public Official’s Letter: Public official’s (i.e., federal, 

state, local, tribal, or territorial government official) 

letter or other written statement that includes the name 

of the claimant or co-claimant, the fire-damaged 

dwelling address, verification that the claimant or coclaimant owned the fire-damaged dwelling at the time 

of the fire, and the name and telephone number of the 

individual providing verification.

Public official’s document must be 

effective between April 2022 to the 

present.

Place of worship records: In some cases, it may be 

necessary to rely on church records and the like for 

properties that have been inherited for generations 

without the use of formal documentation. 

Document must be effective between 

April 2022 to the present.

Table 1: Proof of Ownership 

Multiple and/or Shared Ownership 

As the claim is developed, all claimants with an ownership stake in the property or damaged 

items must be identified and involved in the claims process. When completing the NOL, all 

potential claimants should be listed in the Claimant Contact Information section of the NOL

if they decide to submit one joint claim.

The primary claimant on the NOL, who is listed in the claimant contact information section,

is designated as the primary contact for the claim. Co-claimants listed on the NOL may also 

reach out to the Navigator for information on the status of the claim. 
Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

25

If additional owners are identified during review of ownership documents, they must be 

involved in the claims process and included on the POL, R&C, and Banking Information form. 

In certain cases, declarations or affidavits may be necessary to ensure that all owners are 

aware of and in agreement with the compensation approach and amounts. 

Navigators and Claims Reviewers will review all documentation submitted to verify 

ownership of property to determine if the claimant is the sole owner or if other owners are 

identified. A claimant is only eligible for compensation for damaged or destroyed property to 

the extent that they own the property. If others have an ownership interest as shown on 

ownership documents such as deeds, titles, or other similar documentation, they are legally 

entitled to share in the compensation and must be included in the claim resolution and 

execute claims documents, including providing proof of identity and signing the POL and 

R&C. Payment on the claim must address the interests of all owners. 

If ownership documents indicate that property is owned in trust, the trust is the payee for 

compensation. A trustee should be prepared to provide trust documents to ensure that 

compensation is paid as appropriate.

In addition to submitting a declaration acknowledging payment, if necessary, and signing the 

POL and R&C, if the co-owner(s) of the property do not have verified claimant records within 

the system of record, each co-owner will need to submit documentation to verify

identification. Please refer to the Proof of Identity section immediately following for a list of 

acceptable documents to verify identity. Co-owners should submit a copy of their proof of 

identity documentation with their signed declaration.

Proof of Identity 

To verify identity, claimants should be prepared to provide at least one of the following types 

of photo ID: 

• Driver’s License, State or Tribal ID; 

• United States Passport Booklet or Card; 

• United States Military ID. 

If claimants do not have a photo ID, claimants should refer to their state’s Motor Vehicle 

Division (MVD) website, or to New Mexico Motor Vehicle Division NM (newmexico.gov) which 

lists many types of alternative documents that claimants may provide in order to acquire a 

new driver’s license or State or Tribal ID. 
Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

26

Proof of Occupancy 

For claimants who reside or resided in their damaged property part-time or for claimants 

who rented or leased their residence or property, Table 2: Proof of Occupancy below 

provides additional types of documentation that claimants can use to demonstrate that they 

occupied the damaged property at the time of the fire (including part-time occupancy). Proof 

of occupancy is required for claimants that are renters or claiming losses where determining 

the proximity to the fire may be important for determining compensation. 

Documentation to Verify Occupancy 

Document and Description Acceptable Document Date 

Lease/Housing Agreement: Copy of a written lease, 

housing agreement, a letter or other written statement 

from the landlord that includes: the name of the 

claimant or co-claimant, the landlord’s contact 

information, the basic terms of tenancy including: the 

location of the pre-fire unit, the duration of the lease 

confirming that the claimant lived there at the time of 

the fire, signatures from both the claimant or coclaimant and the landlord. The Claims Office will accept 

a lease or housing agreement without a signature from 

the landlord, but FEMA must be able to verify the lease 

with the landlord.

Documents must be current/effective 

during the fire period (April 5, 2022 - July 

23, 2022).

Utility Bills: Electric, gas, oil, trash, water/sewer bills 

that reflect the name of the claimant or co-claimant 

and the damaged residence address.

Utility bills must be current/effective 

during the fire period (April 5, 2022 - July 

23, 2022).

Other Bills: Bank or credit card bill, phone bill, 

cable/satellite bill, medical provider’s bill, etc., that 

reflect the name of the claimant or co-claimant and the 

damaged residence address. 

Bills or invoices must be current/effective 

during the fire period (April 5, 2022 – July 

23, 2022).

Employer’s Documents: Pay stubs or similar 

documents received before the fire, or a letter or 

other written statement from an employer prepared 

after the fire that shows the claimant or co-claimant 

and the damaged residence address. The letter or 

written statement must include the name and 

telephone number of the individual or organization 

providing verification.

Employer’s documents must be 

current/effective during the fire

period (April 5, 2022 - July 23, 2022).
Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

27

Documentation to Verify Occupancy 

Rent Receipts: Copy of a rent receipt or bank statement 

showing the name of the claimant or co-claimant, the 

landlord’s contact information, and the address of the 

pre-fire housing unit.

Rent receipts must be current/effective 

during the fire period (April 5, 2022 – July 

23, 2022).

Social Service Organization Documents: Documentation 

received before the fire from a social service 

organization that provided pre-fire services to the 

claimant (e.g., Center for Independent Living, Meals on 

Wheels, the National Urban League, etc.) and includes 

the name of the claimant or co-claimant and the firedamaged dwelling address or a letter or other written 

statement from the organization prepared after the fire

verifying that the claimant or co-claimant occupied the 

fire-damaged dwelling at the time of the fire. The letter 

or written statement must include the name and 

telephone number of the individual or organization 

providing verification.

The social service organization documents 

must be current/effective during the fire

period (April 5, 2022 - July 23, 2022).

Local School Documents: Documentation received from 

a public or private school or the school district before 

the fire that include the child’s fire-damaged dwelling

and the name of the claimant or co-claimant, or a letter 

or other written statement from the school or school 

district prepared after the fire verifying the child’s 

residence at the time of the fire and includes, in the 

case of a dependent, the name of the claimant or coclaimant. The letter or written statement must include 

the name and telephone number of the individual or 

organization providing verification.

The local school district documents must 

be current/effective during the fire period 

(April 5, 2022 - July 23, 2022).

Public Official’s Letter: Public official’s (i.e., federal, 

state, local, tribal, or territorial government official) 

letter or other written statement that includes the name 

of the claimant or co-claimant, the fire-damaged 

dwelling address, that the claimant or co-claimant 

owned the fire-damaged dwelling at the time of the fire, 

and the name and telephone number of the individual 

providing verification. 

Public official’s document must be 

current/effective between April 2022 to 

the present.
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Documentation to Verify Occupancy 

Federal or State Benefit Documents: Documents 

received before the fire from a federal or state agency 

that provided benefits to the claimant (e.g., 

Supplemental Nutrition Assistance Program (SNAP), 

stimulus checks, etc.) and includes the name of the 

claimant or co-claimant and the fire-damaged dwelling

address or a letter or other written statement from the 

organization prepared after the fire verifying that the 

claimant or co-claimant occupied the fire-damaged 

dwelling at the time of the fire. The letter or written 

statement must include the name and telephone 

number of the individual or organization providing 

verification.

The federal or state agency benefits 

documents must be current/effective 

during the fire period (April 5, 2022 - July 

23, 2022). 

Table 2: Proof of Occupancy 

Valuation Documentation 

Claimants are responsible for submitting the necessary documentation to justify the 

requested amounts for compensation for each submitted loss. This documentation can 

include receipts, estimates, appraisals, or any other documentation that verifies the 

estimated value of a loss. If an estimate is required to evaluate one or more of a claimant’s 

losses, the Navigator will advise the claimant of which type of document will best suit the 

loss such as estimates by the Claims Office, private quotes, or appraisals. 

Claims Expenses and Third-Party Assessments 

The Claims Office will reimburse claimants for reasonable costs they incur to provide 

documentation or estimates, including third party assessments, valuations, and appraisals

that are requested or deemed necessary to determine the amount of the claim by the 

Claims Office. The Claims Office will not reimburse claimants for the cost of appraisals or 

other third-party opinions not deemed necessary by the Claims Office.20 Additional 

information regarding reimbursement of claims expenses can be found in 5.7 

Reimbursement of Expenses to Submit a Claim. 

Where possible, claimants should request approval from the Claims Office for a third-party 

assessment or appraisal in advance before receiving the service. Assessments and 

appraisals that aid in determining compensation amounts, validate ownership or property 

lines, or provide technical assistance to claimants are eligible for compensation. All third20 44 C.F.R. § 296.31. 
Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

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party products will be assessed to ensure their costs are reasonable based on other 

assessments received by the Claims Office or by providing multiple quotes. 

Declarations and Affidavits 

If documentation or other substantiating evidence of a loss is not reasonably available or 

insufficient to prove the claim (e.g., if documentation burned in the fire and is not available 

in public records), the Claims Office may determine that a sworn statement from the 

claimant, such as declarations or affidavits, will be required to aid in substantiating the loss. 

Declarations are sworn and signed statements, and affidavits are signed and notarized. If a 

claimant chooses to use a Claims Office estimate, a declaration, or affidavit for a 

compensation determination, they should still provide any relevant documentation or 

receipts as available. The Claims Office may request that the claimant obtain an affidavit or 

declaration from a third party to strengthen the claim if the actual documentation is not 

sufficient. If required, the Claims Office will provide guidance on which document is most 

appropriate and how to obtain them. 

4.2 How to Submit a Proof of Loss 

No later than 150 days after submitting a NOL, a claimant must submit a final POL to the 

Claims Office. Although a Navigator may have assisted the claimant to prepare the POL, the 

claimant is responsible for assuring that the information provided in the POL is accurate and 

must sign the POL under penalty of perjury. For good cause, the Claims Office will consider 

requests for extensions, which will be granted at the discretion of the Claims Office Director. 

If a non-subrogation claimant does not complete the final POL within this timeframe, or fails 

to obtain an extension, the Claims Office may administratively close the claim and notify the 

claimant.21 In this instance, claimants can refile at any time before the November 14, 2024, 

deadline. A claimant may also choose to withdraw their claim at any time and re-file before 

November 14, 2024. 

Completing a Proof of Loss 

The Navigator can assist the claimant in completing the POL form. Navigators can also

advise the claimant on required documentation to support the POL and can provide support 

21 44 C.F.R. § 296.32(b).
in obtaining any documentation. The claimant can submit documentation to the Claims 

Office before they sign and submit their POL.

Claimants can submit multiple POLs if any portion of the claim is eligible for a partial

payment. This allows claimants to receive payment for portions of their claim that have

readily available documentation. Additional guidance on partial payments is detailed in 8.2 

Partial Payments. 

Once all documentation and estimates are submitted and the POL form is complete, the 

claimant signs and submits the POL to the Claims Office via mail, email, or in-person, as

arranged with the Navigator. The signed final POL must be received by the Claims Office no 

later than 150 days following the acknowledgement of the NOL. The Claims Office Director

may extend the deadlines for POL submission at the request of a claimant for good cause.

The Claims Office will reach out to claimants 120 days after acknowledgement of the NOL to

ensure the claim is on track to meet the deadlines to ensure they are progressing with any 

documentation needs and offer support as necessary. When the deadline for an extension is 

met the Claims Office will proceed with making a determination based on the documentation 

received, unless the claimant requests and is granted another extension within the allotted 

timeframe. 

Claimants must make extension requests in writing, either in person, through mail or email, 

or submit them via their assigned Navigator. These requests should explain the reason why 

the claimant is unable to submit their final POL by the deadline and the proposed length of 

the extension. Typically, extensions will be considered in 30-day increments. The Claims 

Office may recommend an extension if documentation is insufficient to meet requirements 

for the desired amount the claimant is seeking. However, this is ultimately at the discretion 

of the claimant. If they prefer to proceed based on the documentation submitted at the time 

of the 150-day deadline the Claims Office will make a determination based on the 

documentation received. For consideration, an extension request must be received by email 

or postmarked no later than 10 days before the submission deadline. Requests for 

extensions will generally not be considered earlier than 60 days before the POL submission 

deadline. 

Evaluating the Proof of Loss 

The Claims Reviewer reviews all submitted losses listed on the POL using claimant-provided 

documentation, estimates, or calculation methodologies. Claims Reviewers also verify 

identity and ownership for each loss and assess the POL for indications of potential fraud. 

Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

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Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

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Some loss types may be calculated using standard, pre-determined rates when a claimant 

does not have adequate documentation but can attest to the loss. The standard rates

offered by the Claims Office may or may not match the exact amount of the loss. 

During evaluation, the Claims Reviewer also completes a duplication of benefits review. For 

details on this process, see 7.2 Duplication of Benefits Review Process. Based on the 

documentation in the record, the Claims Reviewer prepares a summary recommending 

payment for review by the Authorized Official.

The Authorized Official then reviews the summary, the recommendation, and the claim 

record. After review, the Authorized Official makes the compensation determination and 

includes this in the system of record and LOD.

4.3 Letter of Determination

The Claims Office will send a claimant a LOD no later than 180 days after the date on which 

a claim is acknowledged. The LOD provides compensation amounts for each of the 

claimant’s losses and includes instructions on receiving payment or to begin the appeal 

process. 

Release and Certification 

Claimants have 120 days after the date that appears on the LOD to either accept the 

determination by submitting a signed R&C form to the Claims Office or disputing the 

compensation amounts by initiating an Administrative Appeal in accordance with the 

process defined in 10.1 Administrative Appeals.22 Claimants must sign the R&C form to 

receive payment on their claims. If the claimant does not submit a signed R&C within the 

120-day deadline, the claimant will be conclusively presumed to have accepted the 

determination.23 After the 120-day deadline, the claimant no longer has the option to 

appeal. In this instance, the Claims Office will reach out to the claimant if the 120-day 

deadline has passed and if the claimant still wants the compensation, they will be required 

to sign a R&C form to receive payment. The Claims Office Director may extend the deadlines 

set forth in this subsection at the request of a claimant for good cause.24

22 44 C.F.R. § 296.32(b). 23 44 C.F.R. § 296.32(b). 24 44 C.F.R. § 296.32(b).
Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

32

Claimants must submit extension requests in writing, in person or through mail or email, via 

their assigned Navigator. These requests should set forth a good cause explanation for why 

the claimant is unable to submit the signed R&C form by the deadline. The claimant should 

also propose a new deadline to submit their signed R&C form. Typically, extensions will be

considered in 30-day increments. For consideration, an extension request must be received 

by email or postmarked no later than 10 days before the submission deadline. Requests for 

extensions will not be considered earlier than 60 days before the R&C form submission 

deadline.

Once a claimant signs the R&C form, they cannot appeal the determination. Completed 

claims may be reopened for additional compensation in certain circumstances, such as for 

heightened risk reduction measures or a documented decreased value of recently sold real 

property. Claimants may also request to reopen their claim if they incurred additional losses 

as part of a reconstruction or if the actual costs of repair or replacement exceed the 

compensated estimates.25 See 9.1 Reopening a Claim for more information on reopening a 

claim. See 8.2 Partial Payments for more information on the R&C form for partial payments. 

By submitting the signed R&C form for final payments, claimants waive their right to bring a 

lawsuit against the United States related to a loss suffered as a result of the fire.26

25 44 C.F.R. § 296.35; 44 C.F.R § 296.21(c). 26 44 C.F.R. § 296.12.
Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

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5. LOSS CATEGORIES AND EVALUATION 

5.1 General Requirements

As required by the Act, the Claims Office provides payment for actual compensatory 

damages for property, financial, and business losses. Where applicable, New Mexico law will 

apply to the calculation of damages.27 Damages must be reasonable in amount28 and are 

evaluated and verified by a Claims Reviewer using estimation tools and other pricing 

received by the Claims Office before final review and determination by the Authorizing 

Official. Although all of the major loss types are discussed below, this section is not 

exhaustive and if claimants have any questions about a loss not contained in this section, 

they should discuss them with their Navigator. 

5.2 Property Losses 

The Claims Office may compensate damages for an uninsured or underinsured property 

loss, documented decreased value of real property, damage to physical infrastructure, costs 

resulting from lost subsistence, the cost of reforestation or revegetation not covered by any 

other federal program, and any other loss that the Claims Office Director determines to be 

appropriate for inclusion.

Real Property 

Compensation for damage or destruction of real property and its contents may include the 

reasonable cost to repair and/or replace a structure comparable in design, construction 

materials, size, and improvements, taking into account post-fire construction costs in the 

community where the structure existed before the fire, as well as current building codes and 

standards. Compensation may also include the cost of removing debris (see Private Property 

Debris Removal under 5.3 Financial Losses) and other cleaning services, restoring and 

stabilizing the land, and compensation for any documented decreased value of land. 

The Claims Office will reimburse claimants for reasonable costs to repair and/or replace real 

property. Claimants should be prepared to provide proof of ownership or financial 

responsibility, proof that the property loss was caused by the fire, photos or other 

27 Section 104(c)(2) of the Act, Pub. Law 117-180, 136 Stat. 2169; 44 C.F.R. § 296.21(a). 28 44 C.F.R. § 296.21(a). 
Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

34

documentation of the damage, complete pages of an insurance settlement or denial, and 

any repair receipts, invoices, or estimates. Compensation will be valued for each individual 

loss line item using receipts and invoices or contractor bids. Valuation estimates may also 

be determined using Xactimate software, with satellite imagery to support the estimate, 

including the total property size, materials, and building codes and standards. The Xactimate 

tool produces estimates similar to a contractor’s estimate using material costs and labor 

rates from the region. 

If the actual cost to replace the structure with comparable materials and size is higher than 

the compensation given to the claimant, the claimant may provide receipts to the Claims 

Office demonstrating actual costs. If the documentation reasonably demonstrates that the 

new structure is consistent with the previous structure, the Claims Office will pay the 

difference between the original determination and the actual cost to replace the property.

The Claims Office retains burn severity mapping and additional geographic information 

system (GIS) products which support streamlined verification of property locations and the 

impacts associated with the fire and subsequent floods. These maps may support the 

verification of property damage due to the fire. The Claims Office will work with claimants to 

determine which of the above methodologies (or additional methodologies, as needed) are 

most applicable to their claim.

For the total loss of a mobile home, Claims Office staff will work with claimants to obtain the 

characteristics (e.g., year, make, model, etc.) as well as any upgrades, towing capacity, and 

other features. Claims Office staff may contact local mobile home dealers to ensure 

reasonable estimates for the replacement cost of the mobile home or for models no longer 

being manufactured or use estimates for a comparable make and model currently on the 

market.

If the claimant filed real property losses with their insurance company and received payment 

that fully covered those losses, the Claims Office can pay the claimant’s insurance 

deductible costs as a separate line item. 

Reforestation and Revegetation 

As outlined in the Act and implementing regulations, the Claims Office is authorized to 

compensate for reforestation and revegetation of the land for losses associated with the fire

and is required to ensure there is no duplication of benefits with any other federal program

such as the Emergency Forest Restoration Program through the Farm Services Agency. 

Based on the Act and applicable New Mexico law, the Claims Office may provide
Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

35

compensation for the loss of trees: for either the cost to reforest the land or the property 

value loss due to the loss of trees.29

Claimants have three primary ways they can receive compensation for forest or natural 

spaces:

• Natural Resources Conservation Service (NRCS) Plan: Receive a Conservation 

Restoration Plan from the NRCS and submit it to the Claims Office for payment. NRCS 

plans are developed by certified conservation planners and provide a comprehensive 

list of which treatments it would take to restore the land to its previous state, with a 

breakdown by cost for each treatment. The Burned Area Emergency Response 

(BAER) program burn severity maps are used to adjust costs based on amount of 

treatment required. 

• Private Plan: Submit a private forestry or arborist plan for reforestation and 

revegetation to the Claims Office. The Claims Office will evaluate these plans for 

validity and cost-reasonableness. The cost for the private forester or arborist to value 

the property may be considered an eligible cost as a third-party valuation and the 

Claims Office will evaluate the cost for the valuation services, as well as the plans 

themselves, for validity and cost-reasonableness based on other plans and the 

Claims Office values. 

• Claims Office Value: Request compensation directly from the Claims Office for 

damaged property. The Claims Office will use the Burned Area Emergency Response 

(BAER) program burn severity maps to develop a per-acre rate for 

reforestation/revegetation values and does not require a plan or site visit. 

If a claimant disagrees with a valuation under the Claims Office value or the NRCS plan, they 

may still seek an independent valuation through a private plan or be compensated for actual 

costs to perform the restoration. 

Claimants who can document income from forestry, the sale of trees, timber practices, or 

other actions related to the harvesting of trees from their property before the start of the fire 

can request compensation for these practices or other business losses based on the 

documentable time before those resources are expected to return. See 5.4 Business Losses

for more information on income related to trees. 

29 Specifically, Section 104(d)(4) of the Act, Pub. Law 117-180, 136 Stat. 2169, limits allowable costs for trees 

to the “cost of reforestation or revegetation on tribal or non-federal land, to the extent that the cost of 

reforestation or revegetation is not covered by any other federal program.”
Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

36

The Claims Office may compensate claimants for landscaping losses for ornamental plants 

in areas close to the home. Landscaping claims will be evaluated based on verifiable quotes 

and per plant costs. The Claims Office will compensate for mature fruit trees based on 

locally available replacement costs and sustainable replacements. Landscaping plants and 

costs will generally be limited to plantings within 50 feet of the home but will be assessed on 

a case-by-case basis. 

Decreased Value of Real Property 

The Claims Office may award compensatory damages for a documented decreased value of 

real property that a claimant owned before the fire if:

• The claimant sells the real property in a good faith, arm’s length transaction that is 

closed no later than November 14, 2024, and realizes a loss in the pre-fire value;30

or

• The claimant can establish that the value of the real property was significantly 

diminished long-term as a result of the fire.31

The Claims Office is currently undertaking a study to determine the impacts of the fire on 

real property values and is expected to release results in early 2024. 

Homeowners Insurance Increases 

The Claims Office may compensate claimants for increases in homeowners insurance 

premiums with documentation showing that the increase in the premium is the direct result 

of the fire and associated impacts. The insured can request a statement from their 

insurance company providing a detailed description of why rates have increased, which 

must be provided to the claims office to justify compensation. Additionally, compensation is 

available if the claimant made a claim on their homeowners insurance and can demonstrate 

rates have increased due to the damages covered by the insurance claim and directly 

related to the fire. Verifiable increases in homeowners insurance rates are eligible for 

compensation based on the date of renewal after the fire. Compensation is not available for 

generalized increases in premiums.

Verifiable increases in homeowners insurance rates are eligible for compensation based on 

the date of renewal after the fire. Compensation is not available for generalized increases in 

30 44 C.F.R. § 296.21(c)(3)(i). 31 44 C.F.R. § 296.21(c)(3)(ii).
Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

37

premiums. If predatory insurance practices are identified, they may be referred, with the 

claimant's consent, to the State of New Mexico Office of the Superintendent of Insurance.

Subsistence Resources 

The Claims Office acknowledges that multiple resources which were previously used for 

subsistence have been lost, resulting in increased cost of living for claimants in the 

impacted area. The Claims Office can reimburse a claimant for the reasonable cost of 

replacing subsistence resources customarily and traditionally used by the claimant on or 

before April 6, 2022, but which are no longer available to the claimant as a result of the fire. 

This includes claimants who have lost or will lose the formal or informal income they 

generate from their property based on these resources. Examples of these resources 

include, but are not limited to firewood, gathering herbs, and/or meat or other animal 

products procured through hunting.

The Claims Office may compensate claimants for subsistence losses for the period between 

April 6, 2022, and the date when subsistence resources can reasonably be expected to 

return to the level of availability that existed before the fire. This may include advanced

payments. Long-term damage awards for subsistence resources will be made to claimants in 

the form of lump sum payments.

Claimants should submit any available documentation describing the nature and amount of 

subsistence resources they had obtained from their damaged property and any receipts or 

invoices for substitute resources procured. To verify the loss of subsistence resources, the 

Claims Office can work with claimants to use existing available information (e.g., GIS 

mapping, satellite imagery, use photos/videos) to verify the availability and use of 

subsistence resources prior to the fire. If documentation is unavailable a declaration or 

affidavit may be used. 

For each category of subsistence resources, the claimant must elect to receive 

compensation for either the increased cost of obtaining subsistence resources from lands 

not damaged by the fire or for the cost of procuring substitute resources in the cash 

economy.

Personal Property/Contents

The Claims Office may provide compensation for personal property losses including lost or 

damaged contents. Claimants are required to show proof of ownership or financial 
Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

38

responsibility and may be required to provide estimates, inventory, or photos of contents as

evidence of the loss or damages. 

In the case of a total loss of an owner-occupied home, the Claims Office will use a standard 

valuation approach based on 50% of the full replacement value of the home that aligns with 

the private insurance approach to personal property claims. For mobile homes or rented 

homes, content replacement is based on a per square foot value based on the market rate 

of homes in that area, which aligns with the private insurance industry approach. Claimants 

can request compensation above this rate by providing an inventory and additional 

documentation for losses. 

Animals and Livestock 

The Claims Office may compensate for loss of livestock due to the death or forced sale of 

livestock as a result of the fire or for the loss of livestock that may have escaped and could 

not be recovered, as well as the costs to remove deceased animals after the fire. The value 

of livestock will be based on an assessment from the county assessor, federal tax records, 

New Mexico Livestock Board shipping certificates, delivery costs for forced sale, or a 

standard value derived from five regional livestock commissions or auctions. Livestock 

handling equipment, loss, and repair of livestock housing/handling areas and livestock 

trailers lost due to the fire may also be compensable losses. 

For pets that were lost or died due to the fire, compensation will generally be based upon 

the cost to replace the pet from a breeder, pet store, or animal shelter based on the same 

breed or animal type. Claimants should be prepared to substantiate that the pet was lost as 

a result of the fire through vet records, declarations, or other methods, and any other costs 

associated with the pet as a result of the fire, such as obedience or specialized training. 

Veterinarian bills for pets or animals injured or with illness associated with the fire can be 

reimbursed with proper documentation from the veterinarian showing the treatment 

required was a result of the fire. Any projected future losses related to livestock as a result 

of the fire, such as decreased reproductive ability due to stress or injury, must be 

substantiated by a veterinarian. Examples of this could include a written statement from the 

veterinarian, veterinarian records, or bills from veterinarian visits. 

Vehicles 

The Claims Office may compensate for a variety of personal vehicle types including, but not 

limited to cars and trucks, utility vehicles, motorcycles, all-terrain vehicles, farm equipment, 

recreational vehicles, trailers, and boats, among others. Compensation will be based on 
Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

39

industry standard valuation tools specific to each vehicle such as, J.D. Power Guide (NADA), 

Kelly Blue Book, or others, based on zip code and/or comparable sales in New Mexico. 

Unregistered and uninsured cars are also eligible, with value evaluated based on the 

condition.

If the claimant filed their vehicle damage with their insurance company and received 

payment that fully covered losses, the Claims Office can pay the claimant’s insurance 

deductible costs as a separate line item. 

Destruction of Unique Items 

The Claims Office may provide compensation for the repair or replacement of specialized 

items that can include antiques, jewelry, artwork, collectibles, and items of cultural 

significance. Claimants should provide proof of ownership or financial responsibility, as well 

as evidence of damages and value including estimates, inventory, appraisals, and photos of 

lost items. In the case of a total home loss, claimants will be compensated based on a 

percentage of the value of the home. Claimants can submit an inventory of losses, 

estimates, appraisals, and photos to justify additional compensation above this calculation 

to account for high value items.

If the claimant had an insurance policy for a specific personal property item, filed an

insurance claim for their loss, and received payment that fully covered that loss, the Claims 

Office can pay the claimant’s insurance deductible costs as a separate line item. 

5.3 Financial Losses

The Claims Office may compensate for financial losses including, but not limited to

increased mortgage interest costs, insurance deductibles, temporary living or relocation 

expenses, lost wages or personal income, emergency staffing expenses, debris removal and 

other cleanup costs, costs of reasonable heightened risk reduction, premiums for flood 

insurance, and any other loss that the Claims Office Director determines to be appropriate.32

Small Business Administration and Disaster Recovery Loans 

Claimants/borrowers who were impacted by the fire may request compensation from the 

Claims Office for re-payment of the principal amount and accrued interest for Small 

Business Administration (SBA) loans or any other recovery loans obtained between April 6, 

2022, and the loan payoff date. Interest eligible for re-payment is defined as interest that 

32 Section 103(4) of the Act, Pub. Law 117-180, 136 Stat. 2169; 44 C.F.R. § 296.21(5)(e).
Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

40

begins accruing on the loan origination date and ends on the date the claimant/borrower 

receives compensation for the loan or the losses for which the loan was obtained from the 

Claims Office. The SBA loan reimbursement program requires claimants/borrowers to use 

their compensation award to repay their SBA loan in full upon receiving the compensation.

There are two options available for SBA loan repayment through the Claims Office:

1. The claimant/borrower can authorize the Claims Office in writing to pay the SBA 

directly on behalf of the claimant. If selecting this option, claimants/borrowers can 

receive reimbursement for interest paid on the loan at the same time as the loan 

payoff. 

2. The claimant/borrower may request that the Claims Office compensate the 

claimant/borrower directly for their SBA loan. The claimant/borrower is required to 

then pay off the loan, including interest, to the SBA, immediately upon receipt of the 

compensation. Interest will continue to accrue until the loan is paid off, but any 

interest accrued on the loan after the claimant has received their payment from the 

Claims Office is the financial responsibility of the claimant. Claimants should repay 

their loan immediately upon receiving their Claims Office compensation to prevent 

any additional interest from accruing and to forestall SBA actions for repayment of

the loan.

Flood Insurance 

The Claims Office may compensate for flood insurance premiums in two different ways –

reimbursement for policies already purchased, or placement of new policies purchased

directly by the Claims Office that offer up to five years of coverage. Claimants are not eligible 

for flood insurance through the Claims Office if they were previously required to purchase

and maintain flood insurance before the fire. Examples of this could include claimants that

were subject to a mandatory purchase requirement before the fire as a result of a previous 

FEMA disaster grant or through their federally-backed mortgage lender if located in a Special 

Flood Hazard Area (SFHA). If claimants had flood insurance coverage in place prior to the fire 

they are not eligible for Claims Office funding for the coverage post-fire. 

Claimants with properties located in NFIP participating communities in Mora or San Miguel 

counties are presumed to have a reasonable fear of heightened flood risk (excluding 

claimants in these counties that were required to hold flood insurance before the fire). 

Claimants located in non-participating NFIP communities are not eligible for coverage 

through the NFIP, although they may be eligible for a reimbursement of a private flood 
Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

41

insurance policy through the Claims Office. The following are non-participating communities 

in proximity to the fire and subsequent flooding: 

• Village of Eagle Nest (Colfax County)

• Village of Pecos (San Miguel County)

• Village of Mosquero (San Miguel/ Harding County)

• Village of Wagon Mound (Mora County)

• Picuris Pueblo (Taos County)

• Taos Pueblo (Taos County)

Claimants with property outside of Mora and San Miguel Counties but in proximity to the 

burn scar may be eligible, but will need to demonstrate a reasonable fear of heightened risk 

of flooding on a case-by-case basis. This could include documentation, such as photos or 

evidence of damages, that a claimant’s property experienced flooding or may experience 

future flooding as a result of the fire due to hydrophobic soils, or other changes to the 

landscape. 

If the claimant filed an insurance claim under an existing flood insurance policy for losses 

resulting from the fire and received payment that fully covered those losses, the Claims 

Office can pay the claimant’s insurance deductible cost as a separate line item.

Eligible claimants have the following two options for securing flood insurance through the 

Claims Office: 

1. Five-years of National Flood Insurance Program (NFIP) coverage, with premiums paid

directly by the Claims Office:33

 Eligible claimants will receive up to five years of NFIP coverage which will be

renewed on an annual basis. Claimants will receive annual renewal notices

directly from the NFIP.

 The Claims Office must pay for all flood insurance premiums by the statutory

deadline of May 31, 2024. Because of this deadline, Claimants should submit

all requests for NFIP coverage, by March 1, 2024, to allow time for processing.

33 Section 104(d)(4)(C)(viii) of the Act, Pub. Law 117-180, 136 Stat. 2169, requires that a premium for flood 

insurance must be required to be paid on or before May 31, 2024, to be eligible for compensation. 

Recognizing that the flood risk from fire will extend beyond May 31, 2025, the Claims Office coordinated with 

NFIP to allow for an extended flood insurance policy term available only for properties affected by the fire that 

provides coverage for up to five years.
Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

42

Note that this deadline is distinct from the deadline to submit a NOL or 

amended NOL. 

 Claimants may submit claims for the deductible of any losses incurred before

the deadline to file a NOL on November 14, 2024, or an amended NOL by

November 14, 2025. Thereafter, claimants will be responsible for paying the

deductible on any losses incurred under their flood insurance policies.

 Per the Claims Office Director, claimants with properties in San Miguel and

Mora counties have a reasonable fear of heightened flood risk as a result of

the fire. Claimants must prove they own or rent property in the area impacted

by the fire or post-fire flooding and demonstrate that they have a reasonable

fear of heightened flood risk. Claimants may be eligible for flood insurance,

whether or not they claim losses related to property.

 The Claims Office will purchase new NFIP policies for eligible claimants with a

reasonable fear of heightened flood risk who did not have, and were not

required to have, flood insurance prior to April 6, 2022 (e.g., required as part

of a mortgage requirement or obtain and maintain requirement stemming

from a previous disaster, or voluntarily purchased prior to the fire).

 Coverage amounts offered by the Hermit’s Peak/NFIP policies:

o Homeowners can be insured up to $250,000 for the structure and up

to $100,000 for building contents.

o Residential renters can insure contents up to $100,000.

o Non-residential property owners can insure a structure for up to

$500,000 and its contents for up to $500,000.

o Non-Residential renters can insure contents up to $500,000.

o Deductibles will be $2,000 for buildings and $2,000 for contents.

 Claimants can obtain separate policies for multiple structures on a property

provided the structures are insurable under the NFIP34 and have a

replacement cost value greater than the deductible ($2,000).

 Eligible claimants can only receive the five years of NFIP coverage through the

Claims Office and not through a private or Write-Your-Own (WYO) company.

 Claimants will receive all communications and information regarding the

policy directly from the NFIP, including the declarations page and annual

renewal notices.

34 For more information on general building eligibility, consult the NFIP Flood Insurance Manual: Current Flood 

Insurance Manuals | FEMA.gov. 
Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

43

 If the current policy holder sells the insured structure during the five-year time

period, the in-force policy can be transferred to the new owner.

2. Claimants are eligible for reimbursement of a previously purchased policy (purchased

after April 2022) if they have a reasonable fear of heightened flood risk due to the

fire:35

o Reimbursement of an NFIP policy, purchased either from a participating WYO

NFIP company (or multiple policies for multiple structures on a property), or

from the NFIP Direct program;

o Reimbursement of a policy purchased through the private insurance market

(or multiple policies for multiple structures on a property);

o Reimbursement for the purchase of both NFIP and private insurance flood

policies if they have a combination of the two.

Claimants seeking reimbursement for a previously purchased policy must have paid the 

premium for the policy by May 31, 2024, and the payment must have been due on or before 

May 31, 2024, to be eligible. The claimant can file a NOL for the reimbursement any time 

before the deadline to submit a NOL (November 14, 2024) or an amended NOL (November 

25, 2025).

Donations to Survivors of the Fire

The Claims Office will compensate claimants for the cost of merchandise, use of equipment, 

or other non-personal services valued at cost, directly or indirectly donated to survivors of 

the fire between April 6, 2022, and November 14, 2022. Compensation is not available for 

cash donations or time spent or hours volunteered. Donations from individuals or non-profits 

between April 6, 2022, and November 14, 2022, are not considered a duplication of 

benefits and do not need to be disclosed to the Claims Office. 

Please refer to Hosting Fire Evacuees under Relocation and Evacuation for more detail on 

donations from hosts. 

35 44 CFR § 296.21(e)(2).
Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

44

Heightened Risk Reduction

Claimants are eligible for the reimbursement of reasonable costs incurred to implement 

measures to reduce the risk of wildfire, flood, or other natural hazards in and around the 

burn scar to the level of risk prevailing before the fire. 

Claimants seeking risk reduction compensation must incur the costs for any risk reduction 

project(s) by November 14, 2025.36 The request can be for risk reduction activities already 

completed by the claimant, or the claimant may request assistance from the Claims Office to 

determine the most appropriate risk reduction options for the property. The Claims Office 

may provide risk reduction information for certain types of claims, such as home 

reconstruction and damage incurred from post-fire flooding, even if claimants do not include

risk reduction on their NOL, to ensure claimants are aware of opportunities to reduce risk to 

their property. Risk reduction is a voluntary activity for which claimants may receive 

compensation in addition to their other losses. 

To receive compensation for risk reduction activities, the claimant must submit a NOL to the 

Claims Office on or before November 14, 2024. The NOL can be amended to include risk 

reduction no later than November 14, 2025. 

Navigators will discuss risk reduction opportunities and the process for receiving risk 

reduction reimbursement or compensation. To receive advanced payments for risk reduction 

projects, claimants will be responsible for providing a risk reduction proposal as an 

attachment to their POL. The risk reduction proposal must include a short description of 

work, an itemized list of cost estimates, and a project schedule with an estimated date of 

completion. Claims Office staff may assist claimants in completing their proposal, but it is 

ultimately the claimant’s responsibility to complete and submit the proposal to the Claims 

Office for consideration. To verify completion of the risk reduction project, the Claims Office 

will require the claimant to document that the project was completed in alignment with the 

originally proposed scope of work. This documentation could include a signed affidavit from 

the claimant and photos of the completed activity. Depending on the scope and cost of the 

risk reduction activities, the Claims Office may also conduct a site visit to verify the 

completion of the risk reduction activity in accordance with the approved proposal. 

For examples of eligible project types and more information on the procedures related to 

risk reduction funding, please refer to the Risk Reduction section of this document. 

36 Section 104(d)(4)(C)(vii) of the Act, Pub. Law 117-180, 136 Stat. 2169. 
Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

45

Private Property Debris Removal 

Claimants may be eligible for compensation for private property debris removal costs not 

eligible under FEMA PA or for properties that are outside FEMA PA’s declared areas. 

Claimants should identify the specific properties or areas of properties where private 

property debris removal activities will take place or have occurred. The claimant does not 

need to wait for Claims Office approval to start work. Compensation may include the cost of 

removing hazardous materials, vegetative debris, construction and demolition debris, sand, 

mud, silt, gravel, rocks, boulders, white goods, and vehicle wreckage deposited or damaged 

by the fire or cascading impacts. 

Compensation may be based on reasonable actual costs if the claimant can provide 

substantiating documentation. Claimants must provide reasonably available documentation, 

including, but not limited to invoices, receipts, pre- and post-removal photographs, 

contracts, or estimates. 

If the work was completed by the claimant, the Claims Office can calculate compensation 

amounts for the labor based on the number of hours spent on debris removal using a 

standard rate. Claimants can also seek compensation for any contracted work, equipment 

rented, transportation costs, or disposal fees associated with the debris removal by 

providing supporting documentation such as receipts or invoices.

Relocation and Evacuation 

Claimants may be eligible for evacuation costs based on the following evacuation dates 

(beginning of evacuation date – residents allowed to return date):

 Mora County: April 22, 2022 – June 26, 2022 

 San Miguel County: April 10, 2022 – June 22, 2022 

 Colfax County: May 26, 2022 – June 1, 2022 

The evacuation dates listed above were provided by local county authorities (Mora County 

Sheriff’s Office, San Miguel County Emergency Manager, and Colfax County Emergency 

Management) as the period of evacuation during which claimants may have incurred costs

and/or losses associated with evacuation. Claimants are eligible to receive compensation 

for evacuation costs regardless of whether they incurred those costs as a result of a 

mandatory or voluntary evacuation. Compensation for evacuation costs outside of these 

dates may be available for those unable to return to their homes or with ongoing needs, 

including access issues, ongoing flooding or safety concerns. 
Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

46

Examples of possible costs include but are not limited to the expenses listed below:

Travel Expenses During Evacuation Period

Expenses incurred for increased travel or increased commuting during the evacuation period 

and immediate recovery period, April 6–August 31, 2022, that would otherwise not have 

been incurred, may be eligible for compensation.

Lost Wages and Unscheduled Leave During Evacuation

Claimants who lost wages as a result of the fire during the period of April 6–August 31, 

2022, may be eligible to be compensated for those wages. Lost wages may have occurred 

due to required or voluntary evacuations, road closures or access challenges, business 

closures or reduced hours of operation due to impacts from the fire response, or 

unscheduled leave taken during the fire (employer charged the claimant for the time used). 

The Claims Office will not reimburse claimants for time taken off from work outside of the 

April 6–August 31 timeframe, including time taken off for claims preparation.

Food Expenses During Evacuation

Claimants may be eligible for reimbursement for food costs associated with the evacuation. 

Eligible food costs may include the meal costs incurred during the time the claimant was 

evacuated or any food loss the claimant experienced as a result of evacuation or loss of 

power. The claimant can choose to be compensated for these food costs based on 

estimates or actual costs that can be substantiated with supporting documentation, or 

claimants can accept the standard rate calculation provided by the Claims Office.

Items Purchased During Evacuation

Claimants that had to evacuate may be entitled to reasonable compensation for either the 

rental or purchase of necessary items, since it may not have been possible to take their 

possessions with them. Claimants must provide documentation, such as receipts or 

invoices, or estimates for items of similar kind and quality.

Fees for Storage Units or Storage of Personal Property

Costs of renting storage units for property during evacuation or subsequent displacement 

may be eligible for a period of up to six months and may be extended on a case-by-case

basis. Claimants must provide documentation of their rent payments for compensation.

Rental of Vehicles or Equipment

The Claims Office may reimburse claimants for costs related to the rental of vehicles or 

equipment to support the movement of livestock, property, people, or other items during 
Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

47

evacuation and its immediate aftermath. Claimants must provide rental receipts or 

estimates from the rental company for compensation.

Hosting Fire Evacuees 

The Claims Office may reimburse individuals for some costs incurred for hosting evacuees

as a donation.37 Eligible donation costs associated with hosting evacuees may include 

increased utility usage and the increased consumption of household goods. Host time and 

personal services are not eligible for compensation. 

The evacuee’s residence must have been uninhabitable or inaccessible due to restrictions 

placed by federal or state, local, tribal, or territorial governments (i.e., mandatory evacuation 

orders), or due to access impediments or utility outages disrupting the functionality of the 

residence.

Hosts will be required to submit a NOL to be compensated. 

Temporary Housing Expenses 

The Claims Office may compensate homeowners whose homes were destroyed by the fire 

for rent or other costs associated with temporary housing as long as the homeowner can 

demonstrate that active measures are being taken to move forward with the rebuilding of 

the structure (e.g., applies for a building permit, pays an architect to draw plans, does site 

preparation work, awaiting compensation to rebuild). Compensation for temporary housing

can be made as reimbursements or in advance as appropriate. 

The Claims Office may compensate renters whose residences were destroyed for up to 12 

months to compensate for the difference between their prior and current rent, based on 

comparable housing size and type. The Claims Office can extend compensation for rent 

payments for good cause on a case-by-case basis (e.g., timing of rebuilding efforts, inability 

to find suitable quarters, unusual circumstances, personal hardships caused by the fire, 

etc.). Renters who evacuated but returned to their residence may be eligible for evacuation 

and relocation costs during the time they were not able to live in their permanent residence.

Claimants may also be eligible for compensation for costs associated with having 

uninhabitable homes, either owned or rented, due to damage or evacuation. Claimants must 

choose either compensation for costs associated with temporary housing or for 

37 Expenses eligible for donations are identified in 44 C.F.R. § 296.21(e)(4) and are limited to the cost of 

merchandise, use of equipment or other non-personal services, and are valued at actual cost.
Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

48

uninhabitable home costs but cannot claim both. The Claims Office can compensate for 

mortgage costs, taxes, homeowner association fees, and other costs that claimants may be 

still required to pay for homes or rentals that they could not inhabit during an evacuation. 

This compensation may also be available for second homes that homeowners could not 

access or use as vacation homes or rentals during the fire or immediate recovery. 

Compensation will only be provided for the timeframe the home or rental could not be 

accessed and must align with community evacuation dates. 

Medical Expenses

Claimants can submit a claim for medical expenses from the fire that include, but are not 

limited to doctor visits, hospital stays, mental health treatment, insurance deductibles and 

co-pays, pharmaceuticals, transportation expenses related to medical care, and other fees 

and expenses. There are two claims under this section with specific regulatory guidance, as 

outlined below.

Psychological Care 

The Claims Office may reimburse claimants for reasonable out-of-pocket treatment costs for 

mental health conditions, including addiction treatments, resulting from, or worsened by the 

fire. Compensation is available from the Claims Office for treatment between April 6, 2022, 

and November 14, 2024. Conditions identified before November 14, 2024, may be eligible 

for advanced payments past this date with documentation showing treatments are ongoing 

and identifying the period during which continued treatment will be required. 

Medical Care for Personal Injury 

The Claims Office Director recognizes that claimants may have suffered personal injury as a 

result of the fire or subsequent events related to the fire and authorizes compensation as 

follows. The Claims Office may reimburse claimants for reasonable out-of-pocket treatment 

costs for personal injuries resulting from the fire. The Claims Office may provide

reimbursement for treatment received between April 6, 2022, and November 14, 2024. 

Conditions identified before November 14, 2024, may be eligible for advanced payments 

past this date with documentation showing treatments are ongoing and identifying the 

period during which continued treatment will be required. 

Claimants must provide documentation to prove the medical expenses are directly related to 

injuries resulting from the fire. This supporting documentation must include a note from a 

medical professional. The medical care must be provided by a licensed provider.

Documentation for costs associated with the care or specific injuries may include receipts 
Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

49

for the required hospital stays, deductibles and co-pays paid by the claimant, and costs 

associated with prescriptions or medical equipment. 

Lost Interest Income / Interest Paid

The Claims Office may determine that a claimant is eligible for compensation for any lost 

interest income, or any interest paid, if the loss occurred or interest accrued due to costs

incurred to replace or repair damages from the fire.

Lost Interest Income on Funds Withdrawn from Personal Accounts

If a claimant lost interest income on funds withdrawn from personal interest-bearing 

accounts (e.g., savings, certificates of deposit, etc.) due to using those funds to recover from 

the fire and associated impacts, the Claims Office may determine that the claimant is

eligible to be reimbursed for that lost interest income from the date of withdrawal of funds 

until compensation is awarded by the Claims Office. Compensation will not be awarded for 

speculative claims.

Interest Paid on Credit Card Charges or Personal Loans Obtained for Repairs 

If a claimant obtained a personal loan or incurred charges on a credit card, the claimant 

may be able to claim compensation for interest paid on that portion of the personal loan or 

credit card charges that were used for costs related to the fire. Compensation may be 

available for interest fees from the date such loan or charges were incurred until the date 

compensation under the Claims Office is awarded. 

5.4 Business Losses

The Claims Office may provide compensation for losses related to a claimant’s business, 

including, timber, crops, and other natural resources; business interruption losses; overhead 

costs; employee wages for work not performed; and loss of business net income. Informal 

businesses are also eligible for compensation for crafts, trades, subsistence, or the arts, but 

must provide documentation to show income received from the informal business.

Claimants with business losses should provide copies of their income tax returns. If they

decline to submit them, the Claims Office may deny compensation.38

38 44 C.F.R § 296.30(a).
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Business Interruption 

The Claims Office will evaluate each business claim individually, using the method that best 

applies to the situation to determine the time period to calculate business interruption 

losses. The method used will be based on what is most reasonable for the type of business, 

taking into account various factors such as whether the business is retail or product based. 

If the business has seasonal variations, a comparable time frame should be used, (e.g., the 

same month for the past three years as opposed to every month during the previous three 

years).

If a claimant seeks compensation for business interruption for actual damages for a set 

period of time (e.g., two weeks following the fire), the loss may be calculated based solely on 

the past history of the business, and the specified period of time. Future increases in 

income attributable to the fire need not be taken into account. However, if the claimant is or 

will be requesting loss of future projected business earnings, then the subsequent increase 

will be taken into account when considering projected loss. 

Start-up Businesses 

The Claims Office will consider a number of factors when evaluating business loss claims for 

a start-up business, including if there were business plans or loans secured, inventory 

purchased, present and past income attributable to the business, and contracts in place for 

purchase or distribution rights. Where the loss is entirely speculative because there is no 

revenue history and a reasonable expectation of profits cannot be demonstrated, the Claims 

Office cannot compensate claimants for lost profits or the value of their lost time. The 

Claims Office can compensate claimants for physical damage to the business assets or 

legitimate continuing business expenses such as rent and utility services if those expenses 

have not been previously compensated under other loss types. 

Discontinuing Expenses 

When calculating both short-term and long-term business losses, the Claims Office will 

deduct clearly identifiable discontinued expenses, such as labor costs not paid, or the cost 

of goods/materials not purchased.
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Future Business Losses 

The Claims Office can compensate for projected future business losses and will evaluate 

them on a case-by-case basis depending on the nature of the loss, documentation available, 

and projected length of future losses. 

5.5 Government and Private Non-Profit Losses 

The State of New Mexico; local and tribal governments, including special districts under New 

Mexico state law; and certain private non-profit organizations39 that suffered losses in the 

declared areas are required by regulation to file a request for public assistance with FEMA 

PA for damaged facilities, work performed, and costs incurred as a result of the fire and 

subsequent flooding. Compensation will not be awarded by the Claims Office for losses or 

costs that are eligible under FEMA PA.40

Entities that must submit a request for public assistance with FEMA PA before claims can be 

assessed by the Claims Office include:

• The State of New Mexico

• Tribal Nations

• Local governments

o Counties

o Municipalities, cities, towns, boroughs, and townships

o Local public authorities

o School districts

o Intrastate districts

o Councils of governments (regardless of whether incorporated as nonprofit 

corporations under State law)

o Regional and interstate government entities 

o Agencies or instrumentalities of local governments

o State recognized tribes

o Special districts established under state law (including acequias)

• Private non-profit organizations41

o Critical (those that provide utility, emergency, medical and education services)

39 Public Assistance Program and Policy Guide, Version 4, 2020. Pages 43-47. 40 44 CFR § 296.21(f)(2). 41 Public Assistance Program and Policy Guide, Version 4, 2020. Pages 45-47.
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o Non-critical (those that provide certain noncritical, essential social services)

PA and the Claims Office will review RPAs and projects to identify ineligible applicants or 

costs under PA. For ineligible applicants or costs, PA will issue a memo determining 

ineligibility. To ensure PA applicants retain their appeal rights for any ineligible costs under 

PA, the Claims Office will accept claim submittals for costs being appealed, however, the 

Claims Office will take no action to implement any determination until PA issues its decision 

on the appeal to avoid duplication of funding. Costs that PA applicants decide to submit to 

the Claims Office will be subject to review, eligibility assessment, and requirements under 

the Act. To begin the claims process, an authorized official of the governmental entity must 

submit and sign the NOL. 

The Claims Office may compensate all or a portion of the costs if it determines the claim is 

reasonable and allowable based on all available information and documentation provided by 

the claimant. Compensable claims for governmental entities are limited to eligible losses 

authorized by the Act. 

The Act allows payment of actual compensatory damages that are reasonable.42 Costs will 

be evaluated for reasonableness using estimation tools and provided documentation. 

Ineligible Costs under FEMA PA 

The items listed below are identified by FEMA PA policy as ineligible costs. These costs do 

not have to go through the FEMA PA process. Claimants may submit claims for these losses 

directly to the Claims Office for evaluation:

• Loss of tax revenue/loss of government revenue

• Tax assessments to re-assess real property values

• Flood insurance premiums

• Principal or interest on recovery loans

• Compensation for damaged facilities outside of PA declared areas including the loss 

of cultural facilities, and risk reduction 

• Compensation for cosmetic or aesthetic vegetation in public parks or facilities

• Straight-time for budgeted permanent employees or budgeted part-time or seasonal 

employees

42 44 C.F.R 296.21(a).
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• Costs incurred by privately-owned tribal corporations43

Fire-Related Staffing

Costs ineligible for FEMA PA but associated with emergency staffing due to sustained 

response and recovery efforts directly related to the fire and subsequent flooding may be 

eligible for compensation by the Claims Office. Governmental entities will be required to 

submit a NOL and adhere to procedural requirements discussed below for completing a 

claim. 

Claimants can submit labor costs incurred for certain types of employees performing claimrelated work and functions necessitated by the fire and subsequent flooding and not eligible 

under FEMA PA to the Claims Office. Labor hours must be clearly associated with a specific 

claim or disaster-related activity.

Claimants need to submit the following to support labor costs claimed (not an all-inclusive 

list):

• For each personnel, claimant must provide:

o Name 

o Job title and function

o Type of employee (e.g., full-time exempt, full-time non-exempt, part-time, 

temporary, etc.) 

o Pay rates and fringe benefit rate 

o Days and hours worked

o Description of work performed with sample of daily logs/activity reports.

• Summary of actual costs 

• Timesheets (representative sample required when requested)

• Fringe benefit calculations

• Pay policy 

The claimant’s labor policy or payroll policy should discuss the types of labor and the 

breakdown of personnel responsibilities. The Claims Office will review the policies to 

determine eligibility under the Act. Overtime for exempt, budgeted employees is ineligible 

unless otherwise allowed by claimant’s labor policy already in place before the fires.

43 44 C.F.R. §§ 206.201(h).
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Other Federal Agency Grants Funding Match 

The Claims Office cannot fund the cost share/match requirement for a recipient’s portion of 

grants funded by another federal agency, including grants for capacity building or 

preparedness.44 

Acequias 

Acequias recognized under New Mexico law as political subdivisions (community acequias) 

that suffered losses in the affected or declared areas are required to file a request for public 

assistance with FEMA PA for damage to eligible facilities, work performed, and costs 

incurred as a result of the fire.45 Compensation will not be awarded under the Act for losses

or costs that are eligible under PA. Costs that are found ineligible by FEMA PA can be 

referred to the Claims Office by an acequia’s authorized representative for consideration. 

The Claims Office requires that privately owned (non-community) acequias, or acequias not 

recognized under New Mexico law as a political subdivision, submit a request for public 

assistance to FEMA PA first for an eligibility determination prior to submitting a NOL to the 

Claims Office. 

The Claims Office may compensate for damages including: the cost of debris clearance and 

removal; removal of hazardous trees, materials or soils; erosion assessment and treatment; 

temporary stabilization; repairs or restoration of damaged facilities; and replacing damaged

contents of structures. 

Acequias seeking compensation for costs incurred as a direct result of the fire may be 

compensated based on actual costs if substantiating documentation is provided to support 

the claim. In the absence of any formal documentation, claimants must provide reasonably 

available documentation, which may include, but is not limited to historical records, meeting 

minutes, written affidavits signed by witnesses and authorized representatives, and 

photographs and/or videos to substantiate the claim. 

44 2 C.F.R § 215.23(a)(2). 45 Acequias, or community ditches, are recognized under New Mexico law as political subdivisions of the state. 

Many of the state’s acequia associations have been in existence since the Spanish colonization period of the 

17th and 18th centuries. Historically, they have been a principal local government unit for the distribution and 

use of surface water. Link: Acequias/Community Ditches: Interstate Stream Commission (state.nm.us).
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In restoring or repairing acequias, organizations should be aware of all local and state 

regulations and requirements related to work performed. 

Cascading Impacts for Government Claimants 

Costs incurred by governmental entities addressing cascading impacts and ongoing impacts

as a result of the fires such as flash floods, mud and debris flows in the affected areas

continue to be assessed by FEMA PA on a case-by-case basis. Costs associated with 

necessary services required to sustain response and recovery efforts directly related to the 

fire and subsequent flooding may be eligible for compensation by the Claims Office as long 

as they are directly attributable to the fire.

Governmental entities may submit a NOL for cascading impacts and must submit supporting 

documentation to justify the claim. 

5.6 Future Financial Losses

Due to the long-term effects of the fire, in some specific cases future financial losses may be 

compensable. The Claims Office will evaluate these types of claims on a case-by-case basis 

depending on the nature of the damages and type of loss. Documentation provided must 

include how the loss directly relates to the fire and the proposed period of time for which 

compensation is being requested into the future.

Future losses are limited to costs directly associated with allowable damages under the Act. 

Advanced payments may be available for out-of-pocket expenses for extended treatment of 

mental health conditions, and loss of earnings. These costs must be directly caused by the 

fire; the burden of proof justifying costs as necessary and reasonable remains with the 

claimant.46 The Claims Office will evaluate these claims using the following method: 

• A claimant can file a NOL for a future loss claim with supporting documentation 

clearly identifying the cause of the future loss and the factors used to quantify the 

costs being claimed.

• The claimant can delay filing a NOL until closer to the period during which the 

projected losses are anticipated to occur. This will enable more accurate 

documentation for the claim to be accumulated over time. 

46 44 CFR 296.30(a).
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5.7 Reimbursement of Expenses to Submit a Claim

The Claims Office will reimburse claimants for the reasonable costs they incur in providing 

documentation requested by the Claims Office. This includes appraisals or other third-party 

opinions that the Claims Office requests or deems necessary to determine the amount of 

the claim. The Claims Office will not reimburse claimants for the cost of appraisals or other 

third-party opinions not deemed necessary by the Claims Office.47

The Claims Office will provide a lump sum payment for incidental expenses incurred in 

claims preparation to all eligible claimants. The Claims Office will automatically add this 

lump sum payment onto the claimant’s final payment amount, and it will be listed as a line 

item titled “claims preparation expenses” on the final LOD. The amount of the lump sum 

payment will be at minimum, the greater of $150 or 5% of the total compensatory damages 

and insurance proceeds recovered by the claimant (not including the lump sum payment or 

monies reimbursed for the purchase of flood insurance). This lump sum payment for claims 

preparation expenses is limited to, and will not exceed, $25,000. Subrogation claimants and 

claimants who only submit a claim for flood insurance premium(s) will not be eligible.48

5.8 Exclusions

Punitive Damages and Claimant Costs

Claimants may not recover from the Claims Office: punitive damages, statutory damages, 

interest on claims, and adjusting costs incurred by an insurer or other third party with the 

rights of a subrogee that may be owed by a claimant as a consequence of receiving an 

award.49

Noneconomic Damages

Noneconomic damages, including pain and suffering, annoyance, and emotional distress

are not compensable under the Act.50

47 44 C.F.R. § 296.31. 48 44 C.F.R. § 296.31(b). 49 44 C.F.R. § 296.31(b). 50 44 C.F.R § 296.21(b). 
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Attorney or Agent Fees

Fees paid to attorneys or agents to assist claimants in submitting a claim to the Claims 

Office are not eligible for compensation. 

The Act provides that no attorney or agent (such as a public adjuster) may charge for their 

services in making a claim under the Act in excess of 20% of the amount of any payment on 

a claim under the Act.51 No amount of this fee is eligible for reimbursement. 

Loss of Non-Proprietary Uses

The Claims Office cannot compensate individuals for the loss of interests or conveniences 

that are not derived from the individual’s ownership or leasehold rights in the damaged 

property. Examples of such losses that are not compensable include claims for increased 

housing costs by renters whose monthly rate or term of tenancy was not guaranteed by an 

existing lease at the time of the fire. 

Lost Interest on Income from Lost Opportunities or Speculation 

The Claims Office will not reimburse a claimant for income that may have been gained in a 

speculative market or from a potential opportunity lost because of the fire. Only monetary 

damages that are real, substantial, and just, for actual or real losses, are compensable.52 

51 Section 104(j)(1) of the Act, Pub. Law 117-180, 136 Stat. 2169; 28 U.S.C. § 2678. 52 44 C.F.R. § 296.31(b).
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6. RISK REDUCTION 

Risk reduction activities decrease the impact of disasters and potential hazards. The Claims 

Office may compensate claimants for reasonable efforts to reduce increased risks to pre-fire 

levels. Costs for risk reduction activities must be incurred no later than three years after the 

rule was first promulgated which is November 14, 2025,53 and risk reduction projects must 

be completed by the following year, November 14, 2026. Activities for risk reduction funded 

within this three-year period may be ongoing, but additional funding will not be provided 

beyond what is incurred within the eligible period. 

Risk reduction funding differs from other forms of compensation available under the Act 

because the Claims Office must verify that the claimant completed the funded risk reduction 

activities within the timeframe set by Claims Office policy. There is no minimum or maximum 

award amount for risk reduction projects.

6.1 Eligibility for Risk Reduction 

Claimants may be eligible for risk reduction compensation if the risks facing their property 

(e.g., post fire flooding) have increased as a result of the fire. Risk reduction activities may 

be completed at the homeowner/parcel-scale (private property) or at the community-scale 

(land and public facilities). Risk reduction projects on multiple parcels of private land (e.g., a 

neighborhood organization) also may be eligible for compensation for risk reduction. The 

Claims Office will evaluate activities in the context of holistic watershed restoration and 

mitigation efforts, so that, to the extent feasible, homeowner/parcel-scale and communityscale activities support holistic risk reduction for the community. The Claims Office expects 

most risk reduction claims to be for work that is not yet started or completed. Claimants that 

completed risk reduction projects immediately after the fire to address post-fire flooding

risks can ask the Claims Office to review completed projects to determine whether risk 

reduction compensation is appropriate. 

The suggested eligible project types for homeowner/parcel and community-scale actions 

were informed by FEMA’s Hazard Mitigation Grant Post-Fire Program,54 FEMA guidance on 

53 Section 104(d)(4)(C)(vii) of the Act, Pub. Law 117-180, 136 Stat. 2169. 54 Hazard Mitigation Grant Program Post Fire | FEMA.gov. 
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protecting homes from flooding,55 as well as the Insurance Institute for Building and Home 

Safety (IBHS) Wildfire Prepared Home program.56

The Claims Office will encourage claimants to consult their local County Planning & Zoning 

and Code Enforcement offices. Claimants are expected to comply with local building codes 

and secure the necessary construction permits. Claimants may be asked to provide 

information regarding any applicable construction permits obtained for their risk reduction 

projects. 

6.2 Eligible Work- Homeowner/Parcel Scale Actions 

The following list provides examples of risk reduction activities on private property that may 

be eligible for Claims Office compensation. The Claims Office will evaluate all activities

individually to determine eligibility. Actions which may result in impacts beyond the parcel 

level will be evaluated so that risk reduction activities do not result in unintended effects to 

neighboring properties and ultimately contribute to a larger vision for holistic watershed 

restoration and community mitigation. Risk reduction projects must reduce the risk from a 

natural hazard heightened by the fire to pre-fire levels. 

Wildfire Risk Reduction

• Restoration and reforestation of fire-adapted vegetation types within 50 feet of the 

home

o Reseeding ground cover 

o Planting grass to prevent spread of noxious weeds

o Mulching with straw or chipped wood 

• Vegetative thinning, hazardous tree removal, and noxious weed abatement within 50 

feet of the home 

• Replace damaged roof, or for rebuilds, install a new roof, with a Class A fire rated roof 

and ignition resistant materials such as asphalt shingles, metal roofs, and masonry 

tiles that include bird stops to prevent debris pile up 

• Enclose or protect eaves and soffits on the exposed underside with noncombustible 

or ignition-resistant materials or 2-inch lumber (e.g., 2”x4” or 2”x6”, NOT plywood)

55 Protect Your Home from Flooding Low-cost Projects You Can Do Yourself (fema.gov). 56 Wildfire Prepared Home, a Program of IBHS – Resources. 
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• Install or replace vents with either (1) corrosion-resistant and ember- and fireresistant materials (such as galvanized steel with intumescent coating); OR (2) 

noncombustible materials and covered with 1/8-inch or finer metal mesh 

• Install noncombustible gutters and metal gutter guards 

• Create and maintain defensible space around a structure to eliminate fuels and act 

as a buffer to help lower the chance fire will spread to the structure; this may include 

techniques for noxious weed abatement and vegetative thinning 

• Repair damaged decks or install replacement decks with noncombustible materials 

such as metal and install noncombustible, corrosion-resistant 1/8-inch or finer mesh 

around the outer edge of the deck from the walking surface to the ground to prevent 

ember intrusion 

• For damaged or destroyed accessory structures or outhouses, ensure these 

structures meet the same construction standards as the primary residence; as 

recommended by the Insurance Institute for Building and Home Safety, no more than 

three of these structures should be located within 30 feet of the home 

• Ensure all exterior windows, skylights, and glass openings within doors are 

multipaned with a tempered outer pane or has glass blocks (windows only) 

• Inspect exterior doors and cladding for combustibility or for damaged or destroyed 

doors, replace with noncombustible materials, including storm doors and cladding 

• Inspect and install ignition resistant siding such as rock wall, stucco or cement board

• Replace damaged or destroyed shutters with noncombustible materials 

Post-Fire Flooding Risk Reduction

Temporary flood protection measures which may include: 

• Sandbags

• Portable flood gates or shields 

• Inflatable floodwalls 

• Flood skirts

Installation of flood protection measures for sewer or utility systems which may include: 

• Well water contamination prevention to include testing and repair

• Anchor fuel tanks 

• Install drain plugs for basement floor drains to prevent sewer backups or install 

sewer backflow valves for all pipes entering the building 
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• Seal foundation and basement walls with mortar and masonry caulk or hydraulic 

cement 

• Install a sump pump to pump groundwater away from the home

• Private property culvert repair

• Integral ground stabilization treatments to culverts and pipes

• Reduction of impervious surfaces to reduce stormwater runoff; options could include 

rain gardens, vegetated swales, or pervious pavements that absorb water 

• For damaged or destroyed homes, use of flood-resistant building materials for 

rebuilding or repairing homes, which may include: 

o Replace wooden floorboards and carpets with ceramic tile, vinyl, rubber, or 

other flood-resistant materials 

o Replace internal walls and ceilings with flood-resistant material such as lime 

plaster, cement board, concrete, or pressure-treated and decay-resistant 

wood

o Replace wooden doors and window frames with metal or other flood resistant 

options

o Raise electrical system components; increase the height of electric service 

panels (fuse and circuit breaker boxes) and all outlets, switches, and wiring 

Land-based flood risk reduction activities which may include: 

• Lot grading improvement, which may include building up any sunken areas around 

the foundation, digging small depressions to properly channel water, and otherwise 

improving the yard so that it slopes away from the building

• Post-wildfire hillslope stabilization treatments including erosion barriers 

• Post-wildfire channel treatments 

Risk Reduction and Future Losses 

The Claims Office encourages claimants to pursue eligible risk reduction projects that best 

mitigate the potential for future losses. The Claims Office will review claims for future losses 

from claimants that also pursued risk reduction projects to evaluate the extent that the 

selected risk reduction project could reduce the projected future losses. The Claims Office 

may also evaluate whether a claim for a projected future loss could be resolved through an 

appropriate risk reduction project and will discuss this opportunity with the claimant. 
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A request for risk reduction measures can support reopening or supplementing a claim.57 

The deadline for filing the request to reopen a claim is not later than November 14, 2025, 

which is the same deadline to incur risk reduction costs. Claimants should consider these 

deadlines when prioritizing their claims for certain loss types. 

6.3 Eligible Work- Community Scale Actions

The Act includes Tribal Nations, corporations, tribal corporations, partnerships, companies, 

associations, counties, townships, cities, states, school districts and other non-federal 

entities that suffered injuries from the fire as eligible claimant types. These entities are also 

eligible for compensation to reduce risk to pre-fire levels. Projects could address risks to 

public facilities or land. 

Risk Reduction for Public Facilities 

Claimants may be eligible for risk reduction compensation for public facilities that have a 

heightened risk due to the fire and subsequent flooding. Eligible projects must reduce risks 

to pre-fire levels. 

Entities that have incurred risk reduction costs or those with risk reduction proposals for 

facilities under their legal responsibility must first submit a project through FEMA PA for an 

eligibility assessment under the Stafford Act. Claimants can submit a POL to the Claims 

Office for risk reduction proposals or costs that are deemed ineligible under FEMA PA. 

Entities, organizations or private nonprofit organizations that are legally responsible for 

facilities used by the public and are not eligible under FEMA PA can submit their risk 

reduction proposals or costs directly to the Claims Office. 

Nature-based Risk Reduction Activities 

The Claims Office will evaluate all requests for technical feasibility and effectiveness at 

reducing the risk to pre-fire levels. Risk reduction measures for nature-based activities that 

reduce risk to pre-fire levels may be eligible for compensation and examples of these 

actions are listed below:58 

57 44 C.F.R. § 296.21(e)(5); 44 C.F.R. § 296.35. 58 Community scale risk reduction actions were informed by the New Mexico Programmatic Environmental 

Assessment (PEA) which was developed by FEMA Region 6 in 2022 to provide the basis for decisions to 
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• Implementation of nature-based watershed restoration solutions

o Alluvial fans

• Vegetative thinning, hazardous tree removal, and noxious weed abatement

o Community scale defensible space

o Reducing hazardous fuels

• Restoration and reforestation of fire-adapted vegetation types

o Reseeding ground cover

o Planting grass to prevent spread of noxious weeds

o Mulching with straw or chipped wood

• Restoration of riparian areas

o Placing logs/other erosion barriers to catch sediment on slopes

• Post-wildfire hillslope stabilization treatments

• Post-wildfire channel treatments 

• Post-wildfire road, culvert, and trail flow diversion treatments 

o Adding drainage dips and constructing emergency spillways

o Installing debris traps to modify road and trail drainage mechanisms

o Constructing straw, rock, or log dams in small tributaries to prevent flooding

• Post-wildfire ash, sediment, and debris removal and water infrastructure repairs 

o Removing standing burned trees

• Structure demolition, relocation, or alteration 

o Ignition resistant construction

• Hydraulic capacity improvements and protection of water infrastructure 

o Strengthen or harden water systems that were burned and caused 

contamination.

o Modifying or removing culverts

6.4 Risk Reduction Proposal and Technical Assistance 

Claimants seeking compensation for heightened risk reduction measures59 must include the 

claim in a NOL filed not later than November 14, 2024, or an amended NOL filed not later 

than November 14, 2025.

approve a broad range of actions related to watershed resiliency and post-wildfire treatments in the State of 

New Mexico. The PEA is valid for five years until 2027 and can be accessed on FEMA.gov. 

59 As described in 44 C.F.R. § 296.21(e)(5).
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All claimants requesting advanced payments for risk reduction, including individuals, 

communities and government entities, are required to complete a risk reduction proposal as 

an attachment to a POL. The proposal should include a short description of work, itemized 

list of cost estimates, and project schedule with estimated date of completion. Claims Office 

staff may assist the claimant to complete a proposal, but it is ultimately the responsibility of 

the claimant to complete and submit it to the Claims Office for consideration. The Claims 

Office recommends that claimants use licensed contractors to complete risk reduction 

projects and can provide a directory of all licensed contractors through the New Mexico 

State Licensing and Regulation Department as a resource for claimants. Claimants seeking 

reimbursement for an already completed risk reduction project may use the risk reduction 

proposal form or provide a description of the work completed and list of itemized costs to 

their Navigator for review. 

All claimants must incur the costs for risk reduction projects by November 14, 2025,60 and 

complete project(s) for which they receive compensation by November 14, 2026. 

Completion is defined as the completion of all work associated with the approved statement 

of work including meeting all compliance requirements. 

Risk reduction proposals or risk reduction projects seeking reimbursement will be evaluated 

for the following: 

• Effectively reduces the risk to pre-fire levels; 

• Follows local floodplain ordinances (if applicable); and

• Aligns with the State’s long-term mitigation plan (if applicable). 

Claimants may also request consultation with the Claims Office technical assistance team 

on the risk reduction actions that could offer the most long-term benefits for a claimant’s 

property, assistance with completing a risk reduction proposal, and referrals to local 

information sources on compliance with local codes and permitting. 

For risk reduction activities, construction and repairs must be coordinated with the state, 

local governments and Tribal Nations as needed, to allow for appropriate site-specific 

interpretation and modification by state and local building code officials. Claimants must 

follow current building codes and standards, especially for any activities that involve 

rebuilding or repair of a structure and its components. 

60 Section 104 (d) (4)(C)(vii) of the Fire Assistance Act.
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6.5 Use of Risk Reduction Funding 

Risk reduction funding for rebuilding or repairing a damaged or destroyed structure must 

reduce the heightened risk of wildfire, flood, or other natural disasters to pre-fire levels. 

Unlike most other forms of compensation, claimants must use risk reduction funding to 

complete the approved risk reduction measures and cannot apply it towards other recovery 

activities or transferred for other purposes. 

A risk reduction project may be deemed ineligible by the Claims Office for a variety of 

reasons including:

• Activity does not effectively reduce risk to pre-fire levels; 

• Project does not follow state and local permitting regulations; 

• Project counteracts other risk reduction activities and local/state mitigation 

priorities; or

• Project has the potential to create unintended downstream effects. 

If the Claims Office denies a risk reduction proposal, the claimant will be provided with a 

written explanation of the denial. Claimants should work with their Navigator to make any 

necessary modifications to their risk reduction proposal and seek approval from the Claims 

Office before beginning any work. 

Maintenance of Risk Reduction Projects 

If a risk reduction project funded through the Claims Office is damaged by ongoing post-fire 

events such as flooding, the claimant may submit a claim for costs associated with restoring

the original function of the project. Examples of these projects that may require clean-up 

after flooding could include geobrugg barriers, gabion baskets, or other flood diversion 

structures. Claimants will need to provide documentation that the clean-up costs are 

associated with an event that resulted from the fire. Regular maintenance costs for projects 

funded by other federal agencies will not be eligible for compensation. 

Verification of Project Completion

For all projects, claimants will be required to submit documentation showing that the risk 

reduction activity is complete and within the proposed statement of work. Documentation 

should include: 

• Copies of any secured building or construction permits; 

• Project summaries and final invoice from licensed contractors; 
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• Photos of the completed work; and

• An affidavit or declaration signed by the claimant verifying that the proposed work is 

complete.

For projects with a total cost above $25,000, in addition to the documentation noted above,

Claims Office staff may conduct a physical site inspection to verify completion of the risk 

reduction activity or activities. 

If, during the verification phase, the activity is found to have been completed improperly, 

does not achieve the intended benefit, or does not adequately reduce the risk as proposed, 

the Claims Office may seek to recover funds from the claimant.
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7. DUPLICATION OF BENEFITS 

Duplication of benefits (DOB) occurs when payments and/or assistance is provided from 

more than one source to compensate for the same documented loss. The DOB amount may 

cover all or a portion of a claim. The Claims Office is legally prohibited from duplicating 

benefits paid from other sources, except for certain donations.61 The Claims Office is 

collaborating with various partner agencies to ensure claimants do not receive duplicate 

funding for losses previously compensated by another entity. This can include funding from 

other federal, state, and local sources and/or private insurance.

7.1 Sources of Potential Duplication of Benefits 

Claimants who have received funds from insurance and/or other federal or state recovery 

programs are required to disclose those funds to the Claims Office to ensure they are not 

being paid for the same loss twice. Any amount already received for the same losses from 

other sources will be subtracted from the award except for donations or grants from nongovernmental organizations or non-profits.

Insurance Compensation 

The Claims Office may send payments to a claimant even before the claimant has fully 

settled with their insurance company. The Claims Office, however, will only pay those 

amounts that are not paid or will not be paid by the insurance company. If the insurance 

claim is withdrawn before any compensation is received, the Claims Office will provide 

compensation for all eligible damages. 

Other Federal Financial Assistance

The Claims Office and any other federal agency cannot duplicate payment to a claimant. A 

duplication of benefits review will be performed by the Claims Office for every claim.

Assistance through the State of New Mexico 

The Claims Office shares data with the State of New Mexico to ensure that any programs 

administered by the state are included in the Claims Office’s duplication of benefits reviews. 

61 Section 104(d)(c)(1)(C) of the Act, Pub. Law 117-180, 136 Stat. 2169.
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Benefits Provided by Non-Governmental Organizations and Individuals

Gifts or donations made by a non-governmental organization, such as the American Red 

Cross, or an individual, other than wages paid by a claimant’s employer or insurance 

payments, will be disregarded in evaluating a claim, and need not be disclosed by claimants 

to the Claims Reviewers. Such assistance is not a duplication of benefits and should not be 

applied to reduce the amount compensable. 

7.2 Duplication of Benefits Review Process

When determining the compensation for each submitted loss, the Claims Reviewer will first 

verify there are no DOBs. 

Claims Reviewers are responsible for examining each POL for financial, personal, and/or 

business losses that overlap with another form of federal financial assistance. The Claims 

Office and other federal agencies have Information Sharing Access Agreements in place to 

facilitate the sharing of information to ensure any DOB is identified. The Claims Reviewer is 

responsible for completing a DOB review before providing their recommendation of 

compensation to ensure that the Claims Office is not providing duplicate funding for the 

same loss. 

There are two possible outcomes of the Claims Reviewer's DOB review:

1. Compensation is provided for the uncovered portion of loss: If the Claims Reviewer 

finds that a claimant has received funds from another agency or program, but these 

funds do not cover the entire loss defined in their POL, then the Claims Office will 

recommend compensation for the uncovered portion of the loss. 

2. No compensation due to DOB: If the Claims Reviewer finds that the claimant has 

received other funds from another agency or program that has covered the entirety of 

the loss defined in the POL, the Claims Office will not provide compensation. 
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8. PAYMENTS 

8.1 General 

For most types of compensation, the Claims Office does not require claimants to account to 

the Claims Office for how they spend the funds. The exceptions to this are risk reduction 

activities; flood insurance premiums; certain discretionary claim payments made under the 

Claims Office Director’s statutory authority; and repayment of SBA loans, where 

compensation must be used to complete the project or activity. For example, the Claims 

Office will compensate a claimant for the cost of replacing a burned vehicle whether the 

claimant chooses to replace the vehicle or not. If the replacement vehicle costs less than 

the amount of the estimated compensation for the lost vehicle, the claimant can retain the 

difference. However, if compensation is provided for an activity such as risk reduction, that 

activity must be completed, or compensation will not be made or will be recouped. The 

Claims Office provides the following payment categories:

• NFIP Payments – Payments for premiums made to NFIP Direct, unless claimants 

request a reimbursement for an independently purchased flood insurance policy; in 

those cases, the claimant will receive the reimbursement payment directly.

• SBA Loan Repayment – Payments made directly to SBA on behalf of claimants; 

claimants may also request the Claims Office compensate the claimant/borrower 

directly for their SBA loan. This option requires the claimant/borrower to then pay off 

the loan, including interest, to the SBA. The request to pay SBA directly must be in 

writing to the Claims Office. 

• Risk Reduction – Payments received for risk reduction activities. Payments for risk 

reduction activities must only be used specifically for the intended risk reduction 

purposes.

• Payments for all other fire-related payments, partial or final – Payment made directly 

to the claimant as partial or final compensation. There are no restrictions on how 

funds are spent.
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Taxes 

The Act states that the value of compensation provided to claimants is not considered 

income for any purpose under federal, state or local law, including taxation.62

The Claims Office includes taxes as part of the valuation criteria to determine compensation 

for various loss types, including sales tax, lodging taxes, and shipping taxes, among others. 

Taxes required to be paid by the claimant for any other assistance outside of the Claims 

Office such as other federal grants, local grants, or other assistance are not compensable by 

the Claims Office. 

Banking Information Form

Once claimants accept the compensation specified in the LOD and sign and submit the R&C

form, the Claims Office requires claimants to complete a Banking Information form to 

receive their compensation. 

Claimants accepting NFIP policies through the Claims Office or claims for the repayment of 

SBA loans where repayment is sent directly to the SBA do not need to complete a Banking 

Information form. For these types of claims, the Claims Office will pay either the NFIP or SBA 

directly. A Banking Information form will not be included in the LOD packages for NFIP-only 

or SBA-only claims. The exception to this is claimants seeking a reimbursement for an 

already purchased flood insurance policy, who will receive the reimbursement payment 

directly and need to provide both a signed R&C form and Banking Information form. 

Additionally, for SBA loans, claimants have the option to request that the Claims Office 

compensate the claimant/borrower directly for their SBA loan. This option requires the 

claimant/borrower to then pay off the loan, including interest, to the SBA. 

An electronic funds transfer (EFT) will directly deposit the payment into a claimant’s account 

and is the most efficient and fastest method for a claimant to receive their compensation. 

The U.S. Treasury requires payment by EFT. If a claimant does not have an account capable 

of receiving an EFT, the Claims Office can work with the claimant to assist. If there are 

multiple owners for a property that is subject to the claim, the Claims Office will ensure that 

all claimants participate in payment, either by agreeing in writing that one or more claimants

will receive the payment for distribution or agreeing to a payment method.

62 Section 104(h)(4) of the Act, Pub. Law 117-180, 136 Stat. 2169. 
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Fraud Prevention Controls 

The Claims Office has implemented several fraud prevention controls to mitigate fraudulent 

activities which collectively help the claims office detect and prevent fraudulent claims and 

ensure the integrity of the claims system.

• Verification Procedures: Claims are subject to a rigorous verification process, 

including cross-referencing claimant information with external databases to confirm 

identity and legitimacy.

• Documentation Requirements: Claimants are required to provide thorough 

documentation to support their claims, including invoices, receipts, medical records, 

or other relevant information. 

• Claims Audits: Random and targeted audits of claims are conducted regularly to 

identify irregularities or inconsistencies in claims data.

• Data Analytics: Advanced data analytics tools are used to detect patterns indicative 

of fraud, such as unusual claim frequency, or duplicative claims. 

• Fraud Training: Staff are trained to recognize red flags and indicators of potential 

fraud, equipping them with skills to detect suspicious claims. 

• Whistleblower Hotline: An anonymous hotline is available through FEMA Fraud 

Investigations and Inspections Division and the Office of Inspector General is 

available for employees and external parties to report suspected fraudulent activities. 

• Collaboration with Law Enforcement: Cooperation with federal and state law 

enforcement agencies to pursue legal action against perpetrators of fraud when 

necessary.

• Regular Policy Reviews: The Claims Office conducts periodic reviews of policies and 

claims procedures to identify potential weakness that could be exploited by 

fraudsters.

The Claims Office expects claimants to submit legitimate estimates, contract documents, 

and other documentation in support of a claim. The Claims Office is engaged in evaluating 

and paying claims based on documentation submitted by a claimant and is not engaging in

negotiations. Exaggerated or inflated claims, including documentation submitted for the 

purpose of engaging in negotiation, may be false claims and will be referred for prosecution 

under applicable federal and state laws.

Claimants should be vigilant against fraudulent activities following awarded compensation. 

All Claims Office communications in written or email format have the official Claims Office 
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logo. Claimants are encouraged to call the Claims Office Helpline or their assigned Navigator 

to verify any requests for information that appear fraudulent. 

8.2 Partial Payments 

The Claims Office, at the request of a claimant, may make one or more partial payments on 

any severable portion of a claim that can be considered on its own without affecting any 

other portion of the claim. The partial payment process mirrors the overall claims process

and is intended to provide claimants compensations for eligible losses while the rest of their 

claim progresses. As an example, if a claimant submits a partial payment claim for a vehicle 

that was destroyed by the fire, the claimant cannot include the loss of the same vehicle in 

another portion of their claim. The loss of a vehicle is an example of a severable portion of a 

claim that is distinguishable from other losses. 

Once a claimant’s NOL is received and acknowledged by the Claims Office, the claimant and 

their assigned Navigator will begin preparing a POL specific to the partial payment. During 

the 150-day timeline, the claimant can submit multiple POLs for different partial payments. 

Figure 5: Partial Payments Process below illustrates how partial payments are a continuous 

process. Claimants can submit POLs for multiple partial payments, as long as they are for 

losses that are severable from their overall claim. The intent of partial payments is to 

enable claimants to receive compensation to meet immediate needs while focusing on 

finalizing the claim. 

If a claimant accepts a partial payment, they cannot appeal or arbitrate that portion of the 

claim, although they maintain their ability to pursue an appeal of the other parts of the claim 

submitted for final determination or to submit additional claims. Claimants cannot appeal 

the Claims Office decision on whether to provide a partial payment.63 The Claims Office may 

deny requests for partial payments if the statutory and regulatory timeframes to finalize the 

claim are approaching.

The Claims Office may make partial payments to eligible claimants while a claimant's final 

claim payment is being evaluated. The Claims Office recognizes that for claimants with 

urgent financial needs, a partial payment can provide immediate support and help claimants 

meet financial obligations while the remainder of the claim is being evaluated. The Claims 

Office may make partial payments based upon actual receipts or may base them on 

63 44 C.F.R. § 296.33.
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estimates. A claimant may receive one or more partial payments on a claim before the entire 

claim has been settled.64 

In order to best adhere to the 150-day deadline for submitting a POL, claimants should 

submit their request for a partial payment no later than 45 days after submitting a NOL. 

Eligible Losses for Partial Payment 

Examples of losses that may be considered for partial payment include, and could be 

considered a severable loss, are listed below. These examples include, but are not limited 

to, the following: 

Financial Losses 

• Additional living expenses 

• Evacuation expenses

• Temporary living accommodations

• Lost wages

• Insurance deductibles 

• Feed for animals during evacuation or temporary re-homing

64 44 C.F.R. § 296.33. 

Figure 5: Partial Payments Process 
Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

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• Medical costs for a discrete injury or care and that is not ongoing (e.g., 

treatment for a burn or a broken arm caused by the event)

• Removal of dead trees or other debris immediately following the fire and/or 

flooding event

Property Losses, such as: 

• Damage to physical infrastructure 

• Contents (e.g., furnishings, appliances, or personal property) not covered by 

insurance payments

• Replacing food stores 

• Outdoor ovens

• Vehicles (including trailers and recreational vehicles)

• Solar panels

• Water wells/tanks

• Losses identified on NRCS Conservation Restoration Plans

Business Losses

• Inventory (actual loss due to fire or flooding)
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9. REOPENING OR SUPPLEMENTING A CLAIM 

9.1 Reopening a Claim 

The Claims Office Director may reopen a claim after the claimant has filed a R&C and 

received payment if requested to do so by the claimant in four circumstances:65

1. The claimant desires heightened risk reduction compensation;66 

2. The claimant closed the sale of a home and wishes to present a claim for decrease in 

the value of the real property;67

3. The claimant has incurred additional losses as part of a reconstruction in excess of 

those funds previously awarded;68 or 

4. The Claims Office Director otherwise determines that the claimant has demonstrated 

good cause to reopen the claim.69

The deadline for filing a request to reopen a claim is not later than November 14, 2025. The 

Claims Office Director’s decision to reopen or not reopen a claim is not subject to review 

through appeal or arbitration. 

The Authorized Official will decide compensation under a reopened claim after considering 

the recommendation of the Claims Reviewer. Claimants who are dissatisfied with the 

Authorized Official’s determination on the reopened claim may appeal to the Claims Office 

Director. 

65 44 C.F.R. § 296.35. 66 44 C.F.R. § 296.21(e)(5); 44 C.F.R. § 296.35. 67 44 C.F.R. § 296.21(c)(3); 44 C.F.R. § 296.35. 68 44 C.F.R. § 296.21(c)(1); 44 C.F.R. § 296.35. 69 44 C.F.R. § 296.35.
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10. APPEALS AND ARBITRATION OF CLAIMS 

The Act directs the Claims Office to establish procedures to allow claimants to appeal a 

determination of the Authorized Official and pursue arbitration or seek judicial review 

following an appeal.70 The section below outlines the options available to claimants to file 

an administrative appeal and pursue arbitration if dissatisfied with the result of the appeal. 

While going through the claims process, claimants are always encouraged to discuss any 

concerns or disagreements on approach with their navigator or the Advocate to attempt to 

resolve any issues before an LOD is issued. 

10.1 Administrative Appeals

Once an Authorized Official has provided a determination on all elements of a claim as 

stated in the claimant’s final POL, if claimants disagree with the determination, they may 

appeal any portion of the claim, with the following exceptions: 

• Claimants may not appeal the decision by Claims Office on a partial payment

• Claimants may not appeal partial or final payment amounts for which they have 

already signed a R&C form

Claimants may request that the Director of the Claims Office review the Authorized Official's 

determination by requesting an appeal in writing through the following options: 

• In-person through their Navigator (see the Claims Office Locations and Hours of 

Operation section for locations)

• By email through the Claims Office email address (fema-hermits-peak@fema.dhs.gov) 

• By mail through the Claims Office mailing address (see the Claims Office Locations 

and Hours of Operation section for mailing information)

This request must be postmarked or emailed within 120 days after the date that appears on 

the LOD for the final POL.

The Notice of Appeal must be in writing and contain the following elements: 

70 Section 104(h)(3)(a) of the Act, Pub. Law 117-180, 136 Stat. 2169. 
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• A detailed description of the reason for appeal including any citations to the 

provisions of law, regulation, or policy with which the claimant believes the Claims 

Office’s determination was inconsistent. 

• Any additional documentation supporting the claimant’s position can be submitted as 

an attachment to the appeal request or submitted up to 60 days after transmission 

of the appeal to supplement the record. Any relevant documentation is admissible, 

regardless of whether it was previously submitted to the Claims Reviewer for 

consideration.

• To the extent possible, the Notice of Appeal should specify the amounts in dispute, by 

line item.

Once the Claims Office receives the appeal, it will acknowledge the appeal and indicate if 

the appeal was filed on time. Claimants will receive a copy of the Administrative Record for 

appeals that were filed in a timely manner. 

Upon receipt of the appeal, the Claims Office may request additional information relevant to 

the issues posed by the appeal. The claimant has up to 60 days to submit supplemental 

information or evidence, as requested by the Claims Office or any other supplemental 

information that the claimant deems relevant.

Claimants may request a partial payment on final LODs where they agree with the 

compensation determination for some line items but not others. Claimants should include in 

their appeal request which the line items they would like to appeal and discuss options for 

partial payments with their navigator. 

After receiving the appeal and any supplementary information or evidence, the Claims Office 

will provide the decision on the Administrative Appeal to the claimant, along with a R&C form

and Banking Information form. Following receipt of this, the claimant has the following 

options:

• Concur with the final decision by signing and returning the R&C and Banking 

Information form to the Claims Office; or

• If the claimant remains dissatisfied after the appeal is decided, the dispute may be 

resolved through binding arbitration or heard in the United States District Court for 

the District of New Mexico.

• The claimant’s concurrence will be conclusively presumed unless the claimant files 

for arbitration, or judicial review within 60 calendar days of the date of the final 

decision on the Administrative Appeal.
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The Claims Office’s determination of the appeal will include the amount of payment for the 

remaining claim amount indicated in the final decision, including any additional 

compensation awarded. The claimant must concur with the final decision and submit the 

R&C form and Banking Information form in order to receive payment, as applicable. 

At any point in the Appeal process, the Claimant may withdraw the appeal by submitting a 

written request to the Claims Office (see Claims Office Locations and Hours of Operation for 

mailing information). 

10.2 Arbitration 

The Act provides a right of arbitration for claimants who are dissatisfied with the outcome of 

the Administrative Appeal.71 The claimant can request arbitration by sending a written 

request, by mail or email, to either: 

• Santa Fe Claims Office Mailing Address (see Claims Office Locations and Hours of 

Operation under the 3.2 How to Submit a Notice of Loss section) OR 

• By email: fema-hermits-peak@fema.dhs.gov

A claimant’s request is eligible for arbitration if it meets all the following conditions:

1. The dispute arises from losses incurred from the fire; 

2. The claimant filed an appeal with the Claims Office within the timeframes established 

in the Final Rule72 (postmarked or delivered within 120 days after the date that 

appears on the Authorized official’s determination) and disputes the decision; and 

3. The dispute was raised and decided in the Administrative Appeal. 

A claimant may initiate arbitration by submitting a written request to the Arbitration 

Administrator for the Claims Office. The written request for arbitration must be emailed or 

postmarked no later than 60 days after the date that appears on the Administrative Appeal 

decision.73

Issues that are subject to federal court litigation, including but not limited to noneconomic 

damages or assignments, will not be accepted for arbitration until a final decision is entered 

71 Section 104(h)(3)(a) of the Act, Pub. Law 117-180, 136 Stat. 2169. 72 44 C.F.R. § 296.41. 73 44 C.F.R. § 296.42(a).
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in court. If a claimant desires to appeal a denial where the legal issue is pending before a 

federal court, the appeal will be held in abeyance pending judicial resolution.

After a hearing and review of the evidence in the Administrative Record, the arbitrator(s) will 

render a written decision and transmit it to the Arbitration Administrator and the Claims 

Office Director. Arbitration decisions are final and binding on all parties. Final decisions are 

not subject to further administrative review.

The Arbitration Administrator forwards a final record copy of the arbitration decision to the 

claimant and, additional compensation will be paid to the claimant if awarded through the 

decision. 

10.3 Authority to Settle or Compromise Claims 

The Claims Office Director may extend an offer to settle or compromise a claim or any 

portion of a claim at any time during the process. The claimant, or the Claims Office Director, 

may request a conference to gain a better understanding of the issues or to explore 

settlement or compromise possibilities. The claimant and the United States will be bound by 

the settlement offer if accepted. 

Collecting Erroneous Payments 

The United States will attempt to recover any funds improperly paid to claimants, such as 

when: 

1. It determines the payment was due to fraud or willful misrepresentation by claimant 

or claimant’s representative; 

2. Failure of the claimant to cooperate with an audit;74 or

3. A material mistake by FEMA.75

The Act generally obligates FEMA to attempt to recover payments where there is evidence of 

civil or criminal fraud, misrepresentation, presentation of a false claim or where a claimant 

was not eligible for a partial payment received pursuant to the Act. FEMA will also recover 

74 44 C.F.R. § 296.36. 75 44 C.F.R. § 296.30(d).
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overpayments where the agency made a material mistake in the calculation of the damages 

owed to the claimant and in other appropriate cases.
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11. ACCESS TO RECORDS AND PRIVACY ACT 

11.1 Privacy Protection

The Privacy Act of 1974 regulates how FEMA collects, uses, and discloses a claimant’s 

personal information in order to protect the privacy of the claimant. The Claims Office may 

only disclose this information with the consent of the claimant or pursuant to an 

enumerated exception to the Privacy Act’s nondisclosure provision. Confidential, proprietary, 

and trade secret information provided by entities, such as businesses, Tribal Nations, tribal 

entities, and government agencies, are not eligible for Privacy Act protection, but may be 

exempt from disclosure under the Freedom of Information Act (FOIA). If claimants are not 

covered by the Privacy Act (non-individuals such as businesses or governments), they should

discuss their intent to protect confidential information from disclosure with the Claims 

Office76 before the information is submitted, as the Claims Office may not be able to prevent 

the disclosure of this information unless it has been made aware of its confidential nature.77

11.2 Audits and Investigation

For purpose of audit and investigation, a claimant will grant the DHS Office of the Inspector 

General and the Comptroller General of the United States access to any property that is the 

subject of a claim and to any and all books, documents, papers, and records (including any 

relevant tax records) maintained by a claimant or under the claimant’s control pertaining or 

relevant to the claim.78

11.3 Request for Information 

When a claimant signs a NOL, which includes the provisions of the Privacy Act Notice, they 

are expressly acknowledging that they grant permission to the Claims Office to share their 

information with federal, state and local government agencies, as well as private 

organizations as authorized by the Privacy Act and the DHS Claims Records System of 

Records Notice. This sharing is primarily for the purpose of confirming the claimant’s 

identity, their eligibility and assessing any previous compensation or payments made in 

connection with the fire. Additionally, under certain circumstances and in accordance with 

76 5 U.S.C. 552a(b)(1)-(12). 77 44 C.F.R. § 296.37. 78 44 C.F.R. § 296.36.
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the applicable statues and regulations, the Claims Office may disclose this information for 

specific routine uses or pursuant to any other permitted exception to the Privacy Act's 

nondisclosure provision without requiring separate consent. 

11.4 Request for File

A claimant has access to his/her records kept by the Claims Office and may request a copy 

by sending a written request, by mail or email to: 

Email: fema-hermits-peak@fema.dhs.gov

FEMA Hermit's Peak/Calf Canyon Claims Office

P.O. Box 1329

Santa Fe, NM 87504 

A claimant should: 

1. Mark the envelope and letter of request “Privacy Act Request”;

2. Provide in the letter:

a. Full name;

b. Some type of appropriate personal identification, such as a driver's license,

passport, employing office's identification card, military identification card,

student identification card or other identification data;

c. Full current address; and

d. A description of the records that the claimant is seeking. FEMA Privacy Act

regulations are located at 44 CFR Part 6.
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Appendix A: List of Acronyms AO Authorized Official

APA Administrative Procedure Act 

BAER Burned Area Emergency Response 

CR Claims Reviewer 

CRA Congressional Review of Agency Rulemaking Act 

DEC Data Entry Clerk

DHS Department of Homeland Security 

DOB Duplication of Benefits

EFT Electronic Funds Transfer 

EHP Environmental/Historical Preservation 

FEMA Federal Emergency Management Agency 

FOIA Freedom of Information Act

IFR Interim Final Rule 

IBHS Insurance Institute for Building and Home Safety

LOD Letter of Determination 

NADA National Auto Dealers Association

NEPA National Environmental Policy Act of 1969 

NFIP National Flood Insurance Program

NM New Mexico 
Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

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NOL Notice of Loss

NRCS (USDA-NRCS) Natural Resources Conservation Service

PA Public Assistance

PAS Privacy Act Statements

POL Proof of Loss

PPG Program and Policy Guide

SBA Small Business Administration

SFHA Special Flood Hazard Area

SLTT State, local, tribal, and territorial 

SNAP Supplemental Nutrition Assistance Program

SOR System of Record 

USDA United States Department of Agriculture 

USFS United States Forest Service

WYO Write Your Own 
B-1

Appendix B: Glossary Administrative Appeal: Appeal of the Authorized Official’s Determination to the Claims Office 

Director. 

Administrative Record: 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 includes all information that is 

submitted by the claimant or FEMA in an Administrative Appeal and the decision of the 

Administrative Appeal.

Advocate: The Advocate reports to the Claims Office Director and works with claimants to 

resolve conflicts and concerns; educate claimants on claim process and policy; and 

Identifies challenges claimants are having with claims process. 

Arbitration Administrator: The Claims Office employee responsible for administering 

arbitration procedures to resolve disputes regarding a claim. This role is filled by the 

Appeals, Arbitrations, and Audits Branch Chief in the Claims Office. 

Authorized Official: An employee of the United States who is delegated by the Claims Office 

Director to render binding determinations on claims and to determine compensation due to

claimants under the Act. Only Authorized Officials have the authority to decide claims. 

Authorized Official’s Determination: Document signed by an Authorized Official and mailed 

to the claimant evaluating each element of the claim as stated in the Proof of Loss and 

determining the compensation, if any, due to the claimant.

Claimant: A person or entity that has filed a Notice of Loss (NOL) under the Act. 

Claims Office: The Hermit’s Peak/Calf Canyon Fire Claims Office is established by the 

Hermit’s Peak/Calf Canyon Fire Assistance Act and is responsible for administering the 

program to provide compensation for the victims of the Hermit’s Peak/Calf Canyon Fire and 

associated impacts.

Claims Office Director: Independent Claims Manager appointed by the Administrator who

leads the Claims Office and determines claimant appeals.

Claims Reviewer: A licensed insurance adjuster contracted by the Claims Office who is

authorized by the Claims Office Director to review and evaluate claims submitted under the 

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Act. Their role is to work with the claimant to obtain relevant evidence, analyze the evidence, 

and make a recommendation to an Authorized Official. Contracted Claims Reviewers have 

technical backgrounds in construction, engineering, environmental, and insurance. 

Days: Calendar days, including weekends and holidays. 

Debris Removal: Debris removal activities such as clearance, removal and disposal of 

vegetative, construction and demolition debris, sand, silt, sediment, gravel, rock, boulders, 

white goods, vehicle and hazardous trees. 

Good Cause: Consideration for purposes of extending the deadline for filing, supplementing 

a claim, or reopening a claim includes, but is not limited to: instances where a claimant, 

through no fault of their own, may not be able to access needed documentation in time to 

submit a claim or transmit relevant information or data; or where damage is found after a 

claim has been submitted; or other instances in which the Claims Office Director, in their 

discretion, determines that an undue hardship or change in circumstances on the claimant 

warrants an extension of a deadline or the supplementation or reopening of existing claims. 

Hazardous Trees: May include tree limbs, branches, stumps, or trees that are still in place, 

but damaged by the fire to the extent they pose significant threat. 

Hermit’s Peak/Calf Canyon Fire:

(1) The fire resulting from the initiation by the U.S. Forest Service of a prescribed burn in the

Santa Fe National Forest in San Miguel County, New Mexico on April 6, 2022;

(2) The pile burn holdover resulting from the prescribed burn by the U.S. Forest Service

which reemerged on April 19, 2022; and

(3) The merger of the two fires described in paragraphs (1) and (2) of this definition,

reported as the Hermit’s Peak Fire or the Hermit’s Peak Fire/Calf Canyon Fire.

Household: 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. 

Injured Person: An individual, regardless of citizenship or alien status; or a Tribal Nation, 

tribal corporation, corporation, partnership, company, association, county, township, city,

state, school district, or other non-federal entity with losses resulting from the Fire. The term 

Injured Person includes a tribal government or Tribal Nation with respect to any claim

relating to property or natural resources held in trust for the tribe by the United States. 

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Lenders holding mortgages or security interests on property affected by the Hermit’s 

Peak/Calf Canyon Fire and lien holders are not an “Injured Person” for purposes of the Act. 

Injury: “Injury or loss of property, or personal injury or death’’ as used in the Federal Tort 

Claims Act, 28 U.S.C. 1346(b)(1).

Letter of Determination: A written decision to the claimant which includes a summary of the 

compensation amounts determined by the Claims Reviewer. 

Navigator: A Claims Office employee who is a trusted member of the local community and 

who provides individualized support to claimants and assists them throughout the life of the

claim but are not authorized to make eligibility or compensation determinations for any

claim. 

Notice of Loss: A form supplied by the Claims Office through which an Injured Person or 

Subrogee initiates a claim seeking compensation under the Act. 

Partial Payment Proof of Loss: A variation of the Proof of Loss form for partial payments. 

Partial Payment Letter of Determination: A variation of the Letter of Determination for partial 

payments

Partial Payment Release and Certification: A variation of the Release and Certification form

for partial payments. 

Physical Damage: Actual physical damage to tangible assets or inventory of the business, 

including real property, that was caused by the fire. The term includes damage to or 

destruction of trees and shrubbery as well as damage to or destruction of any part of a

building.

Proof of Loss: A statement attesting to the nature and extent of the claimant’s injuries. 

Public Assistance: The FEMA grants program established under the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act, 42 United States Code (U.S.C.) §§ 5121-

5207, which provides assistance to state, local, tribal, or territorial (SLTT) governments, and 

certain types of private nonprofit organizations so that communities can quickly respond to

and recover from major disasters and emergencies declared by the President. 

Real Property: All lands including buildings, improvements and fixtures thereon and property 

of any nature appurtenant thereto, or used in connection therewith, and every estate, 

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interest, right and use, legal or equitable, therein, including terms for years leaseholds and 

liens by way of judgment, mortgage or otherwise. 

Release and Certification (R&C) Form: A document in the manner prescribed by Section 104

of the Act that all claimants who have received or are awarded compensatory damages 

under the Act must execute and return to the Claims Office as established in 44 C.F.R §

296.30(c).

Risk Reduction: Activities that minimize the risk of wildfire, flood, or other natural disaster in 

the counties impacted by the Hermit's Peak Fire to risk levels prevailing in those counties 

before the Hermit’s Peak Fire. 

Severable: A portion of a claim that is factually and legally distinguishable and that can be

considered on its own without affecting any other portion of the claim. 

Stafford Act: Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 

93-288, as amended. This Act constitutes the statutory authority for most federal disaster

response activities especially as they pertain to FEMA and FEMA programs.

Subrogee: An insurer or other third party that has paid on an insurance claim or

compensation to claimant for injury and is subrogated to any right that the claimant has to

receive payment under the Act. 

Subsistence Resources: Food and other natural resources obtained through hunting, fishing, 

firewood gathering, timbering, grazing or agricultural activities. 

Tribal Citizen: An enrolled member of a Tribal Nation.

Tribal Nations: Federally recognized Indian Tribal Nations, including Alaska Native villages 

and organizations, pueblo, village, community, component band, or components reservation

individually identified (including parenthetically) in the list published most recently by the 

Bureau of Indian Affairs (BIA) as of September 30, 2022, pursuant to section 104 of the 

Federally Recognized Indian Tribe List Act of 1994. 

Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 
Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

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Appendix C: Table of Updates Section Number Title Date of Change Amendment 

PPG Version 1.0 Published 01/16/2024 Initial Publication
Hermit’s Peak/Calf Canyon Claims Program and Policy Guide 

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Appendix D: Required Forms 

For the most up-to-date versions of each form including forms in languages other than English, please visit the 

Hermit’s Peak/Calf Canyon Website (Link). 

Notice of Loss – English (Link) 

Notice of Loss – Spanish (Link) 

Proof of Loss – English (Link) 

Proof of Loss – Spanish (Link)