Hermit's Peak/Calf Canyon Fire

Claims Office

Notice of Loss Form

Public Comment Period

Resources

Frequently Asked Questions

On Sept. 30, 2022, President Joseph R. Biden signed the Hermit’s Peak Fire Assistance Act that provided $2.5 billion to compensate New Mexicans and Tribal Nations impacted by the Hermit’s Peak/Calf Canyon Fire. An additional $1.45 billion was included in the Consolidated Appropriations Act, 2023, that passed Dec. 29, 2022, providing a total of $3.95 billion to fund expected costs under the Act. Funding may cover eligible loss including personal injury, loss of property, business loss or financial loss.

The Consolidated Appropriations Act also included funding to replace water treatment facilities damaged by the fire to ensure communities have access to clean drinking water.

This historic fire, and subsequent flooding, had devastating impacts and this funding will provide much needed resources to help individuals and communities jumpstart their recovery.

Claims Office

FEMA is working alongside New Mexico state and local partners to develop the Hermit’s Peak/Calf Canyon Claims Office to disperse funding.

We are committed to ensuring a simple claims process, including providing one-on-one assistance at fixed and mobile offices to those who submit a claim. We are also conducting government-to-government consultation with affected Tribal Nations to ensure that the claims process is accessible.

We will keep local partners, Tribal Nations, and New Mexicans informed every step of the way as we stand up the claims office.  

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You do not have to apply for FEMA disaster assistance to submit a claim to the Hermit’s Peak/Calf Canyon Fire Claims Office.

Notice of Loss Form

Beginning November 14, New Mexicans impacted by the Hermits Peak/Calf Canyon Fire can submit a Notice of Loss form to signal interest in beginning the claims process.

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Notice of Loss Form

Can be submitted by:

Once the Claims Office reviews the Notice of Loss form and confirms completeness, they have 180 days to determine the amount to be paid to the claimant.

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Tribal Nations, entities, corporations or members that have been impacted by the Hermit’s Peak/Calf Canyon Fire can submit a claim.

Public Comment Period

On Nov. 14, 2022, a 60-day public comment period will begin for the Hermit’s Peak/Calf Canyon Fire Assistance regulations. These regulations will guide the claims process and describe necessary documentation, evaluation criteria, available funding, and provide for appeal rights, arbitration and judicial review. 

The public comments period will run from Nov. 14, 2022 through Jan 13, 2023, and comments can be submitted at Federal Register. The Federal Register Notice docket number is FEMA-2022-0037. Submitted comments will be publicly available on this website.

Transcripts

Tribal Consultation

FEMA remains committed to its responsibility to engage in consultation and collaboration with Tribal Nations, consistent with Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, reaffirmed by President Biden's "Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships."

We hosted a virtual government-to-government consultation with the Tribal Nations impacted by the Hermit’s Peak/Calf Canyon Fire and whose tribal entities, corporations, or members have been impacted by the fire. The tribal consultation provided an opportunity for FEMA to walk Tribal Nations through proposed regulations regarding P.L. 117-180 and provide Tribal Nations with an opportunity to provide comments to the Agency.

Resources

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Hermit’s Peak/Calf Canyon Claims Public Comment Transcript - Thursday, Dec. 15,2022 - Las Vegas

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Hermit’s Peak/Calf Canyon Claims Public Comment Transcript - Wednesday, Jan. 4,2022 - Peñasco

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Hermit’s Peak/Calf Canyon Claims Public Comment Transcript - Thursday, December 1,2022 - Mora High School

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Hermit’s Peak/Calf Canyon Claims Public Comment Transcript - Thursday, November 17,2022 - Las Vegas

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Frequently Asked Questions

How can I help speed the payment process?

After FEMA formally acknowledges your Notice of Loss, FEMA will assign claims personnel to help you submit your claim and file a Proof of Loss.  To speed up the process, you can gather information you think will be relevant to proving your claim, including (if you have them) receipts and other documents, pictures of the damaged property, and other information about the loss.

How can I submit a claim?

Claimants should file a Notice of Loss with the Hermit’s Peak/Calf Canyon Fire Claims Office. 

FEMA is developing policies and procedures to govern the claims process and is hiring employees to administer the claims process.  Once the policies, procedures and personnel are in place, the Office will work with claimants and begin processing claims.  We expect to begin processing claims in early 2023.

How long will it take to receive funds after a claim has been submitted?

FEMA will distribute funds as quickly as possible once the claims process has been established. Once a claim is filed and the Notice of Loss is formally acknowledged, claimants have 150 days to submit the Proof of Loss and the Hermit’s Peak/Calf Canyon Fire Claims Office has 180 days to process the claim. FEMA expects to begin acknowledging Notices of Loss in early 2023.

How will tree and landscaping losses be calculated by the Hermit’s Peak/Calf Canyon Fire Assistance Claims Office? Are tree losses capped at 25 percent?

The Hermit’s Peak/Calf Canyon Interim Final Rule states that payment for trees and landscaping losses will not exceed 25 percent of the value of the land plus any structures on the land. The Interim Final Rule explains several different ways to value lost trees and vegetation, and the 25 percent valuation does not apply to business losses for timber, crops, and any other natural resource, subsistence damages, and diminution in land values.

The Interim Final Rule is based on the regulations put in place for the Cerro Grande Fire. FEMA is accepting comments on the rule to ensure that it meets the needs of the New Mexicans impacted by the Fire. 

We will review and address all comments received as part of the rulemaking process to ensure that the final rule meets the needs of those impacted by the Hermit’s Peak/Calf Canyon Fire.

I was impacted by a fire other than the Hermit’s Peak/Calf Canyon Fire should I file a claim?

No. This program is only applicable to losses that resulted from the Hermit’s Peak/Calf Canyon Fire, which includes flooding that occurred as a result of the fire. 

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Last updated March 9, 2023
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