Hermit's Peak/Calf Canyon Fire

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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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.


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.


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Hermit’s Peak/Calf Canyon Fire Assistance Regulation Summary

This five-page document provides an overview of the Interim Final Rule that FEMA published in the Federal Register on Nov. 14, 2022. It also explains how to submit a public comment, who can submit a Notice of Loss form and how to complete the Proof of Loss form.

Frequently Asked Questions

When I submit my Notice of Loss form, will this automatically trigger the 150-day timeline for me to submit my Proof of Loss form?

No, the 150-day timeline to submit a Proof of Loss begins when the Hermit’s Peak/Calf Canyon Fire Claims Office formally acknowledges receipt of the Notice of Loss. Formal acknowledgements will begin in early 2023, once the staff is hired to assist claimants with the process.

Who is eligible to file a claim under the Hermit’s Peak/Calf Canyon Fire Claims Office?

Any individual, household or non-federal entity who suffered losses because of the Hermit’s Peak/Calf Canyon fire. 

Will claimants be reimbursed for fees paid to a lawyer to help them navigate the claims process?

The Act caps the amount an attorney or agent may charge claimants for services rendered in connection with a claim under the Act.  FEMA will not compensate claimants for attorney or agent fees in connection with a claim under the Act.

Will the Hermit’s Peak/Calf Canyon Claims Office prioritize claimants who applied for assistance through FEMA’s Individual Assistance program for compensation?

No, assistance provided by FEMA’s Individual Assistance is separate from the Hermit’s Peak/Calf Canyon Fire claims compensation.

Will the Hermit’s Peak/Calf Canyon Fire Assistance Act pay the interest on SBA Loans?

Yes, the Interim Final Rule clarifies that FEMA will reimburse claimants for interest paid on SBA loans and will coordinate directly with the SBA to repay the loan.

Last updated March 9, 2023