8-29-2023 8:26am

FEMA Hermit’s Peak Calf Canyon Fire Claims Process

Chris Edwards Editor

FEMA has announced that the Hermit’s Peak/Calf Canyon Claims Office has published the final regulations for the Hermit’s Peak/Calf Canyon Fire Assistance Act.

This significant milestone comes as a result of the feedback received during the public comment period. It is important to emphasize that the Claims Office has heard the comments and is encouraging individuals impacted by the Hermit’s Peak/ Calf Canyon Fire to submit a Notice of Loss in order to initiate the claims process.

FEMA is encouraging people who were impacted by the fire to submit a notice of loss. That will enable the claims office to initiate the process of getting them compensation.

Notice of loss forms can be found here. The completed notices of loss forms can be emailed to fema-hermits-peak@fema.dhs.gov. They can also be mailed to FEMA’s Hermits Peak/Calf Canyon Claims Office, P.O. Box 1329 Santa Fe, NM 87504. People can also visit one of three claims office locations that are open 10 a.m. to 6 p.m. Monday through Thursday. Those locations are at the Mora County Courthouse, 1 Courthouse Drive in Mora, or in Mills Plaza at 216 Mills Ave. in Las Vegas or at 1711 Llano Street, Suite E. in Santa Fe next to Mucho Gourmet Sandwich Shoppe.

The claim process is supposed to be simple and people should not need the help of attorneys during the process. Because of that, FEMA is not reimbursing people for legal fees incurred in the process.

As of Aug. 17, the Claims Office had reimbursed New Mexicans more than $27 million. But, despite that, many of the people who were impacted by the devastating wildfire have not received compensation even as communities continue to try to rebuild infrastructure.

In a statement Monday afternoon, Gov. Michelle Lujan Grisham addressed some of those impacts and what the regulations mean for people who were impacted by the fire.

“In the summer of 2022, we saw livelihoods destroyed, families displaced, and homes lived in for generations burned to the ground by a wildfire caused by the federal government,” she said. “Today, the thousands of New Mexicans affected by the worst wildfire in our state’s history are significantly closer to being made whole, knowing that meaningful, direct relief from the federal government is finally on the way.”

She said the $3.95 billion will help New Mexicans rebuild their lives and communities.

Whats changed in the process?

Removing the 25% cap on reforestation and revegetation costs.
Removing the 25% cap on risk reduction practices.
Allowing compensation for property values that have been substantially and enduringly reduced due to the fire's impact, acknowledging the prolonged recovery process.
Expanding the compensation related to mental health treatment and mental health conditions resulting from, or worsened by, the fire.
Extending the compensation period for donations to November 14, 2022.
Expanding compensation for reimbursement of expert opinions, enabling claimants and the Claims Office to more accurately determine appropriate compensation amounts.
Extending the timeframe for reopening claims, recognizing the ongoing nature of recovery and rebuilding efforts.

What is the same?

While some areas were enhanced in the Final Rule, some items remained unchanged, primarily due to limitations in the Act.
- The Claims Office cannot pay noneconomic damages because such damages are not available under the Act.
- The claims process is intended to be simple and should not require paid legal assistance. FEMA will not reimburse Claimants for any legal fees incurred in pursuing a claim.
- The intent of the Act is to pay claimants directly for their losses associated with the fire. The Final Rule does not change this approach and the Claims Office can only compensate those with losses and will not make payments to third parties.
- Many of the deadlines in the Interim Final Rule were required by the Act and unable to be changed. However, where possible we extended deadlines in the final rule for areas such as mental health treatment and reimbursement for donations. Deadlines for submitting a Notice of Loss, Payment of Flood Insurance, and other parts of the Claims Process remain the same.
- The Claims Office has taken every effort to ensure an impartial and fair claims process for those impacted by the fires and flooding. FEMA appointed Director Angela Gladwell to lead the program and did not appoint an independent claims manager from New Mexico. However, more than half the Claims Office staff were hired locally, including the Deputy Director and Advocate.
- To maximize options available to the communities, expand mitigation resources and options, and to best coordinate with other federal partners, the Claims Office is working with FEMA’s Public Assistance (PA) program and New Mexico State agencies to streamline eligibility determinations and the transition of projects from PA to the Claims Office, and expand available funding. Eligible claimants are still required to pursue funding through that program before submitting a claim to the Claims Office.
The Claims Office has taken additional actions outside of the Final Rule to implement the changes requested by the community.
In direct response to feedback, the Claims Office introduced a dedicated "Navigator" role to deliver consistent end-to-end customer support for each Claimant. Our locally hired Navigators, who often live in the same communities as Claimants, offer personalized assistance throughout the process.
In addition, to address heightened flood risks resulting from the Hermit’s Peak/Calf Canyon Fire, the Claims Office is offering five-year flood insurance policies at no cost to Claimants. This initiative ensures coverage without affecting any other entitled compensations.