{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 295 sorted by section_id", "rows": [["14:14:4.0.1.1.45.1.8.1", 14, "Aeronautics and Space", "II", "A", "295", "PART 295\u2014AIR CHARTER BROKERS", "A", "Subpart A\u2014General", "", "\u00a7 295.1 Purpose.", "FAA", "", "", "", "Air charter brokers, defined as an indirect air carrier, foreign indirect air carrier or a bona fide agent, provide indirect air transportation of passengers on single entity charters aboard large and small aircraft. This part grants exemptions to such air charter brokers from certain provisions of Subtitle VII of Title 49 of the United States Code (Transportation), and establishes rules, including consumer protection provisions, for the provision of such air transportation by air charter brokers."], ["14:14:4.0.1.1.45.1.8.2", 14, "Aeronautics and Space", "II", "A", "295", "PART 295\u2014AIR CHARTER BROKERS", "A", "Subpart A\u2014General", "", "\u00a7 295.3 Applicability.", "FAA", "", "", "", "This part applies to any person or entity acting as an air charter broker as defined in this part with respect to single entity charter air transportation that the air charter broker, as an indirect air carrier, foreign indirect air carrier, or a  bona fide agent,  holds out, sells or undertakes to arrange aboard large and small aircraft."], ["14:14:4.0.1.1.45.1.8.3", 14, "Aeronautics and Space", "II", "A", "295", "PART 295\u2014AIR CHARTER BROKERS", "A", "Subpart A\u2014General", "", "\u00a7 295.5 Definitions.", "FAA", "", "", "", "For the purposes of this part:\n\n(a)  Air transportation  means interstate or foreign air transportation, as defined in 49 U.S.C. 40102(a)(5), 40102(a)(23), and 40102(a)(25).\n\n(b)  Air charter broker  means a person or entity that, as an indirect air carrier, foreign indirect air carrier, or a  bona fide agent,  holds out, sells, or arranges single entity charter air transportation using a direct air carrier.\n\n(c)  Bona fide agent  means a person or entity that acts as an agent on behalf of a single entity charterer seeking air transportation or a direct air carrier seeking to provide single entity charter air transportation, when such charterer or direct air carrier, as principal, has appointed or authorized such agent to act on the principal's behalf.\n\n(d)  Charterer  means the person or entity that contracts with an air charter broker, direct air carrier, or foreign direct air carrier, for the transportation of the passengers flown on a charter flight.\n\n(e)  Charter air transportation  means charter flights in air transportation authorized under Part A of Subtitle VII of Title 49 of the United States Code.\n\n(f)  Direct air carrier and foreign direct air carrier  mean a U.S. or foreign air carrier that provides or offers to provide air transportation and that has control over the operational functions performed in providing that transportation.\n\n(g)  Indirect air carrier and foreign indirect air carrier  mean a person or entity that, as a principal, holds out, sells, or arranges air transportation and separately contracts with direct air carriers and/or foreign direct air carriers.\n\n(h)  Single entity charter  means a charter for the entire capacity of the aircraft, the cost of which is borne by the charterer and not directly or indirectly by individual passengers, except when individual passengers self-aggregate to form a single entity for flights to be operated using small aircraft.\n\n(i)  Statute  means Subtitle VII of Title 49 of the United States Code (Transportation).\n\n(j)  Large aircraft  means any aircraft originally designed to have a maximum passenger capacity of more than 60 seats or a maximum payload capacity of more than 18,000 pounds.\n\n(k)  Small aircraft  means any aircraft originally designed to have a maximum passenger capacity of 60 seats or fewer or a maximum payload capacity of 18,000 pounds or less."], ["14:14:4.0.1.1.45.1.8.4", 14, "Aeronautics and Space", "II", "A", "295", "PART 295\u2014AIR CHARTER BROKERS", "A", "Subpart A\u2014General", "", "\u00a7 295.7 Agency relationships.", "FAA", "", "", "", "An air charter broker acting as an indirect air carrier or foreign indirect air carrier may choose to act as a bona fide agent in individual cases where a charterer, direct air carrier, or foreign direct air carrier has expressly authorized such agency relationship."], ["14:14:4.0.1.1.45.2.8.1", 14, "Aeronautics and Space", "II", "A", "295", "PART 295\u2014AIR CHARTER BROKERS", "B", "Subpart B\u2014Exemption Authority", "", "\u00a7 295.10 Grant of economic authority; exemption from the statute.", "FAA", "", "", "", "To the extent necessary to permit air charter brokers, acting as indirect air carriers or foreign indirect air carriers, to hold out, sell, and undertake to arrange single entity charter air transportation, such air charter brokers are exempted from the following provisions of Subtitle VII of Title 49 of the United States Code, except for the provisions noted, only if and so long as they comply with the provisions and the conditions imposed by this part: 49 U.S.C. 41101-41113, 49 U.S.C. 41301-41313, and 49 U.S.C. 41501-41511. Air charter brokers are not exempt from the following provision: 49 U.S.C. 41310 (nondiscrimination) with respect to foreign air transportation."], ["14:14:4.0.1.1.45.2.8.2", 14, "Aeronautics and Space", "II", "A", "295", "PART 295\u2014AIR CHARTER BROKERS", "B", "Subpart B\u2014Exemption Authority", "", "\u00a7 295.12 Suspension or revocation of exemption authority.", "FAA", "", "", "", "The Department reserves the power to alter, suspend, or revoke the exemption authority of any air charter broker acting as an indirect air carrier, without a hearing, if it finds that such action is in the public interest or is otherwise necessary to protect the traveling public."], ["14:14:4.0.1.1.45.3.8.1", 14, "Aeronautics and Space", "II", "A", "295", "PART 295\u2014AIR CHARTER BROKERS", "C", "Subpart C\u2014Consumer Protection", "", "\u00a7 295.20 Use of duly authorized direct air carriers.", "FAA", "", "", "", "Air charter brokers are not authorized under this part to hold out, sell, or otherwise arrange charter air transportation to be operated by a person or entity that does not hold the requisite form of economic authority from the Department and appropriate safety authority from the Federal Aviation Administration and, if applicable, a foreign safety authority. Air charter brokers are not authorized under this part to hold out, sell, or arrange air transportation to be performed by a direct air carrier or direct foreign air carrier that the direct carrier is not authorized in its own right to hold out, sell, or operate. Only direct air carriers that are citizens of the United States as defined in 49 U.S.C. 40102(a)(15) may provide direct air transportation operations in interstate or intrastate air transportation."], ["14:14:4.0.1.1.45.3.8.2", 14, "Aeronautics and Space", "II", "A", "295", "PART 295\u2014AIR CHARTER BROKERS", "C", "Subpart C\u2014Consumer Protection", "", "\u00a7 295.22 Prohibited unfair or deceptive practices or unfair methods of competition.", "FAA", "", "", "", "An air charter broker shall not engage in any unfair or deceptive practice or unfair method of competition."], ["14:14:4.0.1.1.45.3.8.3", 14, "Aeronautics and Space", "II", "A", "295", "PART 295\u2014AIR CHARTER BROKERS", "C", "Subpart C\u2014Consumer Protection", "", "\u00a7 295.23 Advertising.", "FAA", "", "", "", "(a) All solicitation materials and advertisements, including internet web pages, published or caused to be published by air charter brokers shall clearly and conspicuously state that the air charter broker is an air charter broker, and that it is not a direct air carrier or a direct foreign air carrier in operational control of aircraft, and that the air service advertised shall be provided by a properly licensed direct air carrier or direct foreign air carrier.\n\n(b) Air charter brokers may display their name and logo on aircraft provided the name of the direct air carrier is displayed prominently and clearly on the aircraft and consumers are not otherwise misled into thinking that the air charter broker is a direct air carrier or direct foreign air carrier."], ["14:14:4.0.1.1.45.3.8.4", 14, "Aeronautics and Space", "II", "A", "295", "PART 295\u2014AIR CHARTER BROKERS", "C", "Subpart C\u2014Consumer Protection", "", "\u00a7 295.24 Disclosures.", "FAA", "", "", "", "(a) Before entering a contract for a specific flight or series of flights with charterers, air charter brokers must disclose to the charterer the information in paragraphs (a)(1),(2), and (6) of this section. Before entering a contract for a specific flight or series of flights with charterers, air charter brokers must, upon request of the charterer, disclose to the charterer the information in paragraphs (a)(3), (4), and (5) of this section. The six disclosures may be accomplished through electronic transmissions.\n\n(1) The corporate name of the direct air carrier or direct foreign air carrier in operational control of the aircraft on which the air transportation is to be performed and any other names in which that direct carrier holds itself out to the public.\n\n(2) The capacity in which the air charter broker is acting in contracting for the air transportation,  i.e.,  as an indirect air carrier, indirect foreign air carrier, as an agent of the charterer, or as an agent of the direct air carrier or direct foreign air carrier that will be in operational control of the flight.\n\n(3) If the air charter broker is acting as the agent of the charterer, the air charter broker must disclose the existence of any corporate or business relationship, including a preexisting contract, between the air charter broker and the direct air carrier or direct foreign air carrier that will be in operational control of the flight that may have a bearing on the air charter broker's selection of the direct carrier that will be in operational control of the flight.\n\n(4) The total cost of the air transportation paid by the charterer to or through the air charter broker, including any air charter broker or carrier-imposed fees or government-imposed taxes and fees. Specific individual fees, taxes, or costs may, but are not required to be itemized.\n\n(5) The existence of any fees and their amounts collected by third-parties, if known (or a good faith estimate if not known), including fuel, landing fees, and aircraft parking or hangar fees, for which the charterer will be responsible for paying directly.\n\n(6) The existence or absence of liability insurance held by the air charter broker covering the charterer and passengers and property on the charter flight, and the monetary limits of any such insurance.\n\n(b) If any of the information in paragraph (a) of this section that is required to be disclosed to the charterer or requested by the charterer to be disclosed is not known at the time the contract is entered into or changes thereafter, air charter brokers must provide the information to the charterer within a reasonable time after such information becomes available to the air charter broker, such that the charterer has enough time to make an informed decision as to whether to accept the additional information or accept the change.\n\n(c) If the information in paragraph (a) of this section that is required to be disclosed to the charterer or requested by the charterer to be disclosed is not provided to the charterer within a reasonable time after such information becomes available to the air charter broker, air charter brokers must provide the charterer with the opportunity to cancel the contract for charter air transportation, including any services in connection with such contract, and receive a full refund of any monies paid for the charter air transportation and services.\n\n(d) In all circumstances, air charter brokers must disclose prior to the start of the air transportation the information in paragraph (a) of this section that is required to be disclosed or that the charterer has requested to be disclosed.\n\n(e) If the information in paragraph (a) of this section that is required to be disclosed to the charterer or requested by the charterer to be disclosed changes after the air transportation covered by the contract has begun, air charter brokers must provide information regarding any such changes to the charterer within a reasonable time after such information becomes available to the air charter broker.\n\n(f) If the changes in information described in paragraph (e) of this section are not provided to the charterer within a reasonable time after becoming available to the air charter broker, air charter brokers must provide the charterer with the opportunity to cancel the remaining portion of the contract for charter air transportation, including any services paid in connection with such contract, and receive a full refund of any monies paid for the charter air transportation and services not yet provided."], ["14:14:4.0.1.1.45.3.8.5", 14, "Aeronautics and Space", "II", "A", "295", "PART 295\u2014AIR CHARTER BROKERS", "C", "Subpart C\u2014Consumer Protection", "", "\u00a7 295.26 Refunds.", "FAA", "", "", "", "Air charter brokers must make prompt refunds of all monies paid for charter air transportation when such transportation cannot be performed or when such refunds are otherwise due, as required by 14 CFR 374.3 and 12 CFR part 226 for credit card purchases, and within 20 days after receiving a complete refund request for cash and check purchases."], ["14:14:4.0.1.1.45.4.8.1", 14, "Aeronautics and Space", "II", "A", "295", "PART 295\u2014AIR CHARTER BROKERS", "D", "Subpart D\u2014Violations", "", "\u00a7 295.50 Enumerated unfair or deceptive practices or unfair methods of competition.", "FAA", "", "", "", "(a) Violations of this Part shall be considered to constitute unfair or deceptive practices or unfair methods of competition in violation of 49 U.S.C. 41712.\n\n(b) In addition to paragraph (a) of this section, the following enumerated practices, among others, by an air charter broker are unfair or deceptive practices or unfair methods of competition in violation of 49 U.S.C. 41712:\n\n(1) Misrepresentations that may induce members of the public to reasonably believe that the air charter broker is a direct air carrier or direct foreign air carrier when that is not the case.\n\n(2) Misrepresentations as to the quality or kind of service or type of aircraft.\n\n(3) Misrepresentations as to the time of departure or arrival, points served, route to be flown, stops to be made, or total trip-time from point of departure to destination.\n\n(4) Misrepresentations as to the qualifications of pilots or safety record or certification of pilots, aircraft, or air carriers.\n\n(5) Misrepresentations that passengers are directly insured when they are not so insured. For example, where the only insurance in force is that protecting the direct air carrier or air charter broker in event of liability.\n\n(6) Misrepresentations as to fares or charges for air transportation or services in connection therewith.\n\n(7) Misrepresentations as to membership in or involvement with an organization that audits air charter brokers, direct air carriers, or direct foreign air carriers, or that the air charter broker or any direct carriers to be used for a particular flight meets a standard set by an auditing organization.\n\n(8) Representing that a contract for a specified direct air carrier, direct foreign air carrier, aircraft, flight, or time has been arranged without a binding commitment with a direct air carrier or direct foreign air carrier for the furnishing of such transportation as represented.\n\n(9) Selling or contracting for air transportation while knowing or having reason to know or believe that such air transportation cannot be legally performed by the direct air carrier or foreign direct air carrier that is to perform the air transportation.\n\n(10) Misrepresentations as to the requirements that must be met by charterers to qualify for charter flights.\n\n(11) Using or displaying or permitting or suffering to be used or displayed the name, trade name, slogan or any abbreviation thereof, of the air charter broker in advertisements, on or in places of business, or on or in aircraft or any other place in connection with the name of an air carrier or foreign air carrier or with services in connection with air transportation, in such manner that it may mislead or confuse potential consumers with respect to the status of the air charter broker."], ["14:14:4.0.1.1.45.4.8.2", 14, "Aeronautics and Space", "II", "A", "295", "PART 295\u2014AIR CHARTER BROKERS", "D", "Subpart D\u2014Violations", "", "\u00a7 295.52 Enforcement.", "FAA", "", "", "", "In case of any violation of any of the provisions of the Statute, or of this part, or any other rule, regulation, or order issued under the Statute, the violator may be subject to a proceeding under 49 U.S.C. 46101 before the Department, or 49 U.S.C. 46106-46108 before a U.S. District Court, as the case may be, to compel compliance. The violator may also be subject to civil penalties under the provisions of 49 U.S.C. 46301, or other lawful sanctions, including revocation of the exemption authority granted in this part. In the case of a willful violation, the violator may be subject to criminal penalties under the provisions of 49 U.S.C. 46316."], ["20:20:1.0.2.8.38.0.155.1", 20, "Employees' Benefits", "II", "B", "295", "PART 295\u2014PAYMENTS PURSUANT TO COURT DECREE OR COURT-APPROVED PROPERTY SETTLEMENT", "", "", "", "\u00a7 295.1 Introduction.", "SSA", "", "", "[51 FR 12845, Apr. 16, 1986, as amended at 73 FR 47045, Aug. 13, 2008]", "(a)  Purpose.  This part implements section 419 of Public Law 98-76 (97 Stat. 438), which amended section 14 of the Railroad Retirement Act to provide that, with respect to annuity amounts payable for months beginning with September 1983, the Board must comply with a court decree of divorce, annulment or legal separation, or with the terms of any court-approved property settlement incident to any such decree, which characterizes specified benefits as property subject to distribution. This part also implements section 1003 of Public Law 109-280 (120 Stat. 1053), which amended section 5 of the Railroad Retirement Act to allow the payment of an employee's tier II benefit component awarded to a former spouse as part of a property distribution incident to a decree of divorce, annulment, or legal separation to continue after the employee's death. Garnishment of benefits for alimony or child support is dealt with in part 350 of this chapter.\n\n(b)  Benefits subject to this part.  Only the following benefits or portions of benefits under the Railroad Retirement Act are subject to this part:\n\n(1) Employee annuity net tier II benefit component as provided under section 3(b) of the Railroad Retirement Act;\n\n(2) Employee annuity vested dual benefit component as provided under section 3(h) of the Act;\n\n(3) Employee annuity increase as provided under section 3(f) of the Act; and\n\n(4) Supplemental annuities as provided under section 2(b) of the Act."], ["20:20:1.0.2.8.38.0.155.2", 20, "Employees' Benefits", "II", "B", "295", "PART 295\u2014PAYMENTS PURSUANT TO COURT DECREE OR COURT-APPROVED PROPERTY SETTLEMENT", "", "", "", "\u00a7 295.2 Definitions.", "SSA", "", "", "[51 FR 12845, Apr. 16, 1986, as amended at 73 FR 47045, Aug. 13, 2008]", "As used in this part\u2014\n\nAct  means the Railroad Retirement Act.\n\nCourt  means any court of competent jurisdiction of any state, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands; any court of the United States (as defined in section 451 of title 28 of the United States Code) having competent jurisdiction; any Indian court as defined by section 1301 of title 25 of the United States Code; or any court of competent jurisdiction of a foreign country with which the United States has an agreement requiring the United States to honor any court order of such country.\n\nCourt decree  means a final decree of divorce, dissolution, annulment, or legal separation issued by a court (including a final decree or order modifying the terms of a previously issued decree of divorce, dissolution, annulment, or legal separation), which is issued in accordance with the laws of the jurisdiction of that court and which provides for the division of property.\n\nDivision of property  means any transfer of property or its value by an individual to his or her spouse or former spouse in compliance with any community property settlement, equitable distribution of property, or other distribution of property between spouses or former spouses, which is intended as a present and complete settlement of the property rights of the parties.\n\nEmployee  means an individual who is or was formerly an employee as defined by part 203 of this chapter.\n\nFinal decree  means a decree from which no appeal may be taken or from which no appeal has been taken within the time allowed for taking such appeals under the laws applicable to such appeals, or a decree from which timely appeal has been taken and such appeal has been finally decided under the laws applicable to such appeals.\n\nFormer spouse  means the former husband or wife of an employee who, on or before the date of a court order, was married to the employee and that marriage has ended by final decree of divorce, dissolution, or annulment.\n\nProperty settlement  means an agreement between the parties to a suit for divorce, dissolution, annulment or legal separation in which they expressly agree to a division of their property rights, and which is incorporated in the final decree; is filed with the court in connection with a suit for divorce, dissolution, annulment or legal separation; or is otherwise presented to the court in a suit in accordance with the law of the jurisdiction. An agreement assigning or transferring property between spouses is not within the purview of this part unless it is subsequently approved by a court in connection with a suit for divorce, dissolution, annulment or legal separation.\n\nSpouse  means the husband or wife of an employee who, on or before the date of a court order, was married to the employee and that marriage has not ended by final decree of divorce, dissolution, or annulment."], ["20:20:1.0.2.8.38.0.155.3", 20, "Employees' Benefits", "II", "B", "295", "PART 295\u2014PAYMENTS PURSUANT TO COURT DECREE OR COURT-APPROVED PROPERTY SETTLEMENT", "", "", "", "\u00a7 295.3 Documentation and service.", "SSA", "", "", "[51 FR 12845, Apr. 16, 1986, as amended at 73 FR 47046, Aug. 13, 2008]", "(a)  Court decree or property settlement.  The Board will honor a court decree or a property settlement which meets the following criteria:\n\n(1) The court decree or property settlement must provide that the spouse or former spouse is awarded payments from railroad retirement annuities payable to the railroad employee.\n\n(2) The court decree or property settlement must specify an amount to be paid to the spouse or former spouse.\n\n(3) The court decree or property settlement must obligate the Board to make payments directly to the spouse or former spouse.\n\n(4) The court decree or property settlement must clearly identify both the employee and the spouse or former spouse to whom payments are to be made.\n\n(5) The court decree or property settlement submitted to the Board must be a recently certified copy of the document filed with the court. Where the award is made in an order modifying and earlier court decree, copies of both the original decree and the subsequent order must be furnished. In the case of a court-approved property settlement, both the settlement and any decree or order incorporating or approving the settlement must be provided.\n\n(b)  Date of decree.  While only benefits payable for months after August, 1983 are subject to this part, the date the decree is entered or the property settlement is approved may precede September 1, 1983. A subsequent modification of a decree which was entered or a property settlement which was approved prior to September 1, 1983 must be in accord which the law of the jurisdiction in which the original decree was entered or the property settlement was approved.\n\n(c)  Supporting documentation.  The spouse or former spouse shall submit such additional documentation as the Board shall require, including but not limited to:\n\n(1) Identifying information concerning the employee such as social security number, railroad retirement claim number, full name, date of birth, and current address.\n\n(2) Identifying information concerning the spouse or former spouse such as social security number, full name, and current address.\n\n(3) A statement that\u2014\n\n(i) No condition of the law of the jurisdiction in which the decree was entered or the property settlement approved and no condition contained in the decree or agreement which requires termination of payment has occurred;\n\n(ii) If any such condition does occur, the spouse or former spouse will immediately notify the Board; and\n\n(iii) The spouse or former spouse agrees to repay any erroneous payment arising from occurrence of any such condition.\n\n(d)  Delivery.  Any court decree or property settlement must be delivered by certified or registered mail, return receipt requested, or by personal service, to the General Counsel of the Railroad Retirement Board, 844 Rush Street, Chicago, Illinois 60611. Where the decree or property settlement is delivered to any other office of the Board, it shall not be considered delivered until the date it is received by the General Counsel. Where the decree or property settlement was furnished to any office of the Board prior to September 1, 1983, delivery is not accomplished until a copy is received by the General Counsel subsequent to August 30, 1983."], ["20:20:1.0.2.8.38.0.155.4", 20, "Employees' Benefits", "II", "B", "295", "PART 295\u2014PAYMENTS PURSUANT TO COURT DECREE OR COURT-APPROVED PROPERTY SETTLEMENT", "", "", "", "\u00a7 295.4 Review of documentation.", "SSA", "", "", "[51 FR 12845, Apr. 16, 1986, as amended at 73 FR 47046, Aug. 13, 2008]", "(a)  Regularity.  The General Counsel or his or her designee shall review the court decree or property settlement to determine that it complies with both the law of the jurisdiction, and with Federal law and these regulations.\n\n(b)  Amount.  Ambiguities in the amount to be paid the spouse or former spouse shall be resolved in accord with expressed indications of the court's intent, except that:\n\n(1) Where the amount is expressed in terms of a dollar figure:\n\n(i) If the figure exceeds the total benefits which may be allocated under this part, the excess will be disregarded, provided that any future increase in the benefits subject to this part will be prospectively applied to the excess effective with the date of the benefit increase.\n\n(ii) If the figure is less than the total benefits which may be allocated under this part, only the amount specified will be paid.\n\n(2) Where the amount is expressed as a fraction, percentage, or ratio:\n\n(i) The amount specified shall be applied only against benefits subject to this part, irrespective of the wording of the decree or property settlement.\n\n(ii) When the amount is expressed in terms of a fraction or ratio referring to the length of railroad service, years shall be converted into the equivalent months. If the length of railroad service specified in the decree or property settlement exceeds the number of creditable service months used by the Board to determine the employee's years of service for calculating an annuity, the actual number used by the Board shall be substituted. If the decree understates the actual number of creditable railroad service months, the number of years or months set forth in the decree or property settlement will be used.\n\n(3) An amount may be expressed in any other fashion only to the extent to which it may be readily ascertained from records maintained by the Board in the regular course of administration of the Act.\n\n(4) Unless the order expressly provides otherwise, the Board will deduct the amount specified by the order from any annuity paid to the employee, whether the employee has retired based on age or on disability.\n\n(c)  Notification.  The General Counsel or his or her designee shall make reasonable effort to notify the spouse or former spouse and the employee of a determination that the decree or property settlement does or does not qualify as a decree or property settlement which will be honored pursuant to this part. This notice will be mailed to the most recent address of each party or representative of each party as shown in the Board's records pertaining to the employee. A copy of the decree or property settlement will be provided to the employee with this notice. The notice must state:\n\n(1) The rationale for a determination that the decree or property settlement does not comply with this part; or\n\n(2) The dollar amount or proportion of benefits which will be paid to the spouse or former spouse.\n\n(d)  Withholding after notification.  (1) Where the General Counsel or his or her designee has notified the spouse or former spouse that a decree or property settlement will be honored under this part, but where the employee is not then entitled to any benefits subject to division under this part, the Director of Retirement Benefits will notate the Board's records to reflect both the amount of benefits awarded to the spouse or former spouse pursuant to the decree or property settlement and his or her current address. Where the employee is currently entitled to benefits subject to this part, and the spouse or former spouse has furnished all additional documentation required, the Director of Retirement Benefits will take action to withhold from the employee's monthly benefit the amount stated in the General Counsel's notice under paragraph (c) of this section that the Board will honor the decree or property settlement.\n\n(2) Where the employee was not entitled to benefits subject to this part at the time of the notice by the General Counsel that the Board will honor the decree or property settlement, but the employee becomes so entitled at a later time, the Board will attempt to contact the spouse or former spouse at the most recent address shown in the Board's records pertaining to the employee. The notice will inform the spouse or former spouse that an annuity has been awarded, that the spouse or former spouse may, upon submission of all required documentation, receive a portion of the annuity, and that the spouse or former spouse should contact the Board within three months from the date of the notice. The Director of Retirement Benefits will initiate withholding of the amount awarded to the spouse or former spouse from the employee's monthly benefit, and will continue to withhold this amount for three successive months; provided, that an initial annuity payment for a retroactive period shall count as one monthly benefit payment. If after the third month's payment has been withheld the Board has received no response from the spouse or former spouse, the amount withheld from the employee's benefit shall be paid to the employee, and the Board take no further action regarding the decree until the spouse or former spouse contacts the Board.\n\n(3) Benefits withheld from the employee may not be paid to a spouse or former spouse until the spouse or former spouse has furnished all supporting documentation required pursuant to \u00a7 295.3 of this part. The Board shall allow a reasonable time, not to exceed three months from the date of the initial response from the spouse or former spouse, for the submission of all required documentation. If the documentation is not furnished within the time allowed, payment of the amounts withheld shall be made to the employee.\n\n(4) Any payments made to the employee subsequent to the three-month notice period specified in paragraphs (d)(2) and (3) of this section, and prior to receipt of a response or required documentation from the spouse or former spouse, shall be considered properly paid to the employee and the Board shall have no further liability to the spouse or former spouse with respect to such amounts."], ["20:20:1.0.2.8.38.0.155.5", 20, "Employees' Benefits", "II", "B", "295", "PART 295\u2014PAYMENTS PURSUANT TO COURT DECREE OR COURT-APPROVED PROPERTY SETTLEMENT", "", "", "", "\u00a7 295.5 Limitations.", "SSA", "", "", "[51 FR 12845, Apr. 16, 1986, as amended at 53 FR 35807, Sept. 15, 1988; 62 FR 67724, Dec. 30, 1997; 73 FR 47046, Aug. 13, 2008; 86 FR 30493, July 1, 2021]", "(a)  Employee benefit entitlement.  Payments will be made to a spouse or former spouse under this part only if the employee has been awarded an annuity under the Railroad Retirement Act. Payments to a spouse or former spouse shall be made only for months and from such amounts with respect to which an annuity is payable to the employee, and, except as provided in paragraph (f)(4) of this section, shall be suspended or terminated for any month in which the annuity of the employee is suspended or terminated. No arrearage accrues to the spouse or former spouse with respect to any month for which the annuity of the employee is suspended or reduced as required under the Act.\n\n(b)  Minimum amount.  The amount of payment to a spouse or former spouse may not be less than one dollar per month.\n\n(c)  Prospective payment.  Payment to a spouse or former spouse may accrue no earlier than the later of the date of delivery, pursuant to \u00a7 295.3 of this part, of a court decree or property settlement which will be honored under this part, or from October 1, 1983. The amount to be paid the spouse or former spouse under this part will not be increased to satisfy an arrearage due from the employee.\n\n(d)  Payees.  Payment of an amount awarded to a spouse or former spouse by a court decree or property settlement will be made only to the spouse or former spouse except where the Board determines that another person shall be recognized to act on behalf of the spouse or former spouse as provided by part 266 of this chapter, relating to incompetence. Payment will not be made to the heirs, legatees, creditors or assignees of a spouse or former spouse, except that where an amount is payable to a spouse or former spouse pursuant to this part, but is unpaid at the death of that spouse or former spouse, the unpaid amount may be paid in accordance with \u00a7 234.31 of this chapter, pertaining to employee annuities unpaid at death.\n\n(e)  Net amount of benefits.  Notwithstanding the terms of the decree or property settlement, the amount of benefits payable to the employee which are subject to this part shall not include:\n\n(1) Amounts deducted to satisfy a debt due the United States, including any amount withheld to recover erroneous payments under the Railroad Retirement Act, Railroad Unemployment Insurance Act, or any other acts administered by the Board; and\n\n(2) Benefits which are waived pursuant to \u00a7 243.6 of this chapter.\n\n(f)  Termination.  Except as provided in paragraph (f)(4) of this section payments to a spouse or former spouse terminate on the earlier of\u2014\n\n(1) The date on which the employee annuity terminates;\n\n(2) The date required by the court decree or property settlement or the law of the jurisdiction in which the court decree or property settlement was entered; or\n\n(3) The last day of the month before the month in which the spouse or former spouse dies.\n\n(4) If the employee dies on or after August 17, 2007, a former spouse who is receiving a portion of the employee's annuity pursuant to a court decree or property settlement compliant with this part may continue to receive a portion of the employee's tier II benefit component unless the court decree or property settlement requires such payment to terminate upon the death of the employee.\n\n(g)  Priority.  In the event that the General Counsel receives more than one decree or property settlement from competing parties, benefits shall be available to satisfy the decrees or property settlements on a first come, first served basis governed by the date of receipt by the General Counsel. Conflicting decrees or property settlements received on the same day shall be accorded priority based upon the earliest date upon which the decree or property settlement became final."], ["20:20:1.0.2.8.38.0.155.6", 20, "Employees' Benefits", "II", "B", "295", "PART 295\u2014PAYMENTS PURSUANT TO COURT DECREE OR COURT-APPROVED PROPERTY SETTLEMENT", "", "", "", "\u00a7 295.6 Disclosure of information.", "SSA", "", "", "[51 FR 12845, Apr. 16, 1986, as amended at 73 FR 47046, Aug. 13, 2008]", "(a)  Immunity from process.  The provision for the payment of benefits under this part pursuant to a court decree or property settlement shall not be construed to be a waiver of the sovereign immunity of the Railroad Retirement Board as an agency of the U.S. Government. The Board may not be joined in a suit for divorce, dissolution, annulment or legal separation, or otherwise subjected to the jurisdiction of any state court. Subpoenas, notices of joinder, interrogatories, orders for production of documents, and like state process issued in connection with a suit for divorce, dissolution, annulment or legal separation will be treated as requests for disclosure of information under this section.\n\n(b)  Request for information.  A response to a request for information to be used in connection with a suit for divorce, dissolution, annulment or legal separation may be made by the General Counsel or his or her designee, by the Director of Retirement Benefits, or by a contact representative of the Board's field service.\n\n(c)  Information available.  In the absence of a signed authorization from the employee, a spouse or former spouse who is a party to a suit for divorce, dissolution, annulment or legal separation, or his or her legal representative, may be furnished the amount of benefits the employee is currently receiving. If the employee is not currently entitled to benefits, the Board may furnish the amount of any estimated benefit to which the employee would be entitled if he or she were of retirement age at the time of the request, as reflected by the records of the Board, to the extent it is possible for the Board to compute such amount. The Board shall not be required to furnish the present value of future benefits, the amount of benefits payable at a future date, or any other computations based on statistics or procedures not maintained by the Board in the normal course of administration of the Act.\n\n(d)  Certification.  A letter or statement prepared by a Board official in the regular course of duty from the official records of the Board, which refers to the authority of this section and bears his or her signature, shall be a sufficient response for purposes of discharging the responsibilities of the Board under this section. A certification in accordance with this section may be considered a public document for purposes of admissibility as evidence of present or potential benefits under the Act for use in a divorce, dissolution, annulment or legal separation proceeding."], ["20:20:1.0.2.8.38.0.155.7", 20, "Employees' Benefits", "II", "B", "295", "PART 295\u2014PAYMENTS PURSUANT TO COURT DECREE OR COURT-APPROVED PROPERTY SETTLEMENT", "", "", "", "\u00a7 295.7 Miscellaneous.", "SSA", "", "", "[51 FR 12845, Apr. 16, 1986, as amended at 73 FR 47046, Aug. 13, 2008]", "(a)  Disbursement cycle.  In honoring and complying with a court decree or property settlement, the Board shall not be required to disrupt its normal disbursement cycle, despite any special schedule of accrual or payment of amounts due the spouse or former spouse set forth in the decree or settlement. A decree or settlement received too late to be honored during the disbursement cycle in which it was received shall be honored with respect to the next payment due the employee.\n\n(b)  Liability for payments.  Neither the Board nor any of its employees shall be liable with respect to any payment made to any individual from moneys due from or payable by the Board pursuant to a court decree or property settlement regular on its face, if such payment is made in accordance with this part.\n\n(c)  Liability for disclosures.  No employee of the Board whose duties include responding to requirements contained in this part shall be subject under any law to any disciplinary action or civil or criminal liability or penalty for, or on account of, any disclosure of information made by such employee in connection with the performance of the employee's duties in making such response.\n\n(d)  Applicable law.  For purposes of a proceeding under this part, the Board will apply the law of the jurisdiction in which the court decree or property settlement was issued unless it comes to the attention of the Board that the state of issuance has no contact with the plaintiff or defendant in the action; in which case, the Board may, in its sole discretion, apply the law of any jurisdiction with significant interest in the matter.\n\n(e)  Erroneous payments.  (1) If a spouse or former spouse receives a payment pursuant to this part from an employee's benefit, and the Board later determines that the employee was not entitled to all or part of those benefits for any month, the amount of the employee's benefits which was paid to the spouse or former spouse in excess of the amount which was actually payable shall be an erroneous payment to the spouse or former spouse within the meaning of section 10 of the Railroad Retirement Act.\n\n(2) Where all documentation required by this part is in the Board's records pertaining to the employee prior to the time the employee annuity is awarded, but where the Board due to clerical oversight fails to withhold the amount awarded by the court order, then the Board shall begin deduction from the employee annuity with the month the error is discovered, and shall pay the amount which should have been withheld pursuant to this part to the spouse or former spouse. The amount paid to the spouse or former spouse representing months for which the amount under the order was not timely withheld shall be an erroneous payment to the employee within the meaning of section 10 of the Railroad Retirement Act. This section shall not apply where the Board has attempted to contact the spouse or former spouse at the time the employee annuity is awarded pursuant to \u00a7 295.4(d)."], ["44:44:1.0.1.5.60.1.10.1", 44, "Emergency Management and Assistance", "I", "E", "295", "PART 295\u2014CERRO GRANDE FIRE ASSISTANCE", "A", "Subpart A\u2014General", "", "\u00a7 295.1 Purpose.", "FEMA", "", "", "", "This part implements the Cerro Grande Fire Assistance Act (CGFAA), Public Law 106-246, 114 Stat. 584, which requires that the Federal Emergency Management Agency (FEMA) establish a process to evaluate, process and pay claims injuries and property damage resulting from the Cerro Grande Fire."], ["44:44:1.0.1.5.60.1.10.2", 44, "Emergency Management and Assistance", "I", "E", "295", "PART 295\u2014CERRO GRANDE FIRE ASSISTANCE", "A", "Subpart A\u2014General", "", "\u00a7 295.2 Policy.", "FEMA", "", "", "", "It is our policy to provide for the expeditious resolution of meritorious claims through a process that is administered with sensitivity to the burdens placed upon Claimants by the Cerro Grande Fire."], ["44:44:1.0.1.5.60.1.10.3", 44, "Emergency Management and Assistance", "I", "E", "295", "PART 295\u2014CERRO GRANDE FIRE ASSISTANCE", "A", "Subpart A\u2014General", "", "\u00a7 295.3 Information and assistance.", "FEMA", "", "", "", "Information and assistance concerning the CGFAA is available from the Office of Cerro Grande Fire Claims (OCGFC), Federal Emergency Management Agency, P.O. Box 1480, Los Alamos, New Mexico, 87544-1480, or telephone 1-888-748-1853 (toll free). The Cerro Grande Fire Assistance site on the World Wide Web can be accessed at  http://www.fema.gov/cerrogrande.  In the interest of brevity, we do not restate the provisions of the CGFAA in most instances. Our website has a copy of the CGFAA and we will provide a copy upon request."], ["44:44:1.0.1.5.60.1.10.4", 44, "Emergency Management and Assistance", "I", "E", "295", "PART 295\u2014CERRO GRANDE FIRE ASSISTANCE", "A", "Subpart A\u2014General", "", "\u00a7 295.4 Organization of this part 295.", "FEMA", "", "", "", "This part contains six subparts. Subpart A provides an overview of the CGFAA process. Subpart B describes the procedures for bringing a claim. Subpart C explains what compensation is available. Subpart D discusses the claims evaluation process. Subpart E explains the dispute resolution process. Subpart F contains a glossary in which various terms used in the rule are defined."], ["44:44:1.0.1.5.60.1.10.5", 44, "Emergency Management and Assistance", "I", "E", "295", "PART 295\u2014CERRO GRANDE FIRE ASSISTANCE", "A", "Subpart A\u2014General", "", "\u00a7 295.5 Overview of the claims process.", "FEMA", "", "", "", "(a) The CGFAA is intended to provide persons who suffered losses from the Cerro Grande Fire with a simple, expedited process to seek redress from the United States. This section provides a brief explanation of the claims process for claims other than subrogation claims. It is not intended to supersede the more specific regulations that follow and explain the claims process in greater detail. In order to obtain benefits under this legislation, a person must submit all Cerro Grande Fire related claims against the United States to FEMA. A person who elects to proceed under the CGFAA is barred from bringing a claim under the Federal Tort Claims Act or filing a civil action against the United States for damages resulting from the Cerro Grande Fire. Judicial review of our decisions under the CGFAA is available.\n\n(b) The first step in the process is to file a Notice of Loss with OCGFC. OCGFC will provide the Claimant with a written acknowledgement that the claim has been filed and the claim number.\n\n(c) Shortly thereafter, a Claims Reviewer will contact the Claimant to review the claim. The Claims Reviewer will help the Claimant formulate a strategy for obtaining any necessary documentation or other support. This assistance does not relieve the Claimant of his or her responsibility for establishing all elements of the Loss and the compensatory damages that are sought, including that the Cerro Grande Fire caused the Loss. After the Claimant has had an opportunity to discuss the claim with the Claims Reviewer, a Proof of Loss will be presented to the Claimant for signature. After any necessary documentation has been obtained and the claim has been fully evaluated, the Claims Reviewer will submit a report to the Authorized Official. The Claims Reviewer is responsible for providing an objective evaluation of the claim to the Authorized Official.\n\n(d) The Authorized Official will review the report and determine whether compensation is due to the Claimant. The Claimant will be notified in writing of the Authorized Official's Determination. If the Claimant is satisfied with the decision payment will be made after the Claimant returns a completed Release and Certification Form. If the Claimant is dissatisfied with the Authorized Official's Determination an Administrative Appeal may be filed with the Director of OCGFC. 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."], ["44:44:1.0.1.5.60.1.10.6", 44, "Emergency Management and Assistance", "I", "E", "295", "PART 295\u2014CERRO GRANDE FIRE ASSISTANCE", "A", "Subpart A\u2014General", "", "\u00a7 295.6 Partial payments.", "FEMA", "", "", "", "OCGFC, on its own initiative, or in response to a request by a Claimant, may make one or more partial payments on the claim. A partial payment can be made if OCGFC has a reasonable basis to estimate the Claimant's damages. Acceptance of a partial payment in no way affects a Claimant's ability to pursue an Administrative Appeal of the Authorized Official's Determination or to pursue other rights afforded by the CGFAA. Partial payment decisions cannot be appealed."], ["44:44:1.0.1.5.60.1.10.7", 44, "Emergency Management and Assistance", "I", "E", "295", "PART 295\u2014CERRO GRANDE FIRE ASSISTANCE", "A", "Subpart A\u2014General", "", "\u00a7 295.7 Authority to settle or compromise claims.", "FEMA", "", "", "", "Notwithstanding any other provision of these regulations, the Director of OCGFC may extend an offer to settle or compromise a claim or any portion of a claim, which if accepted by the Claimant will be binding on the Claimant and on the United States, except that the United States may recover funds improperly paid to a Claimant due to fraud or misrepresentation on the part of the Claimant or the Claimant's representative, a material mistake on our part or the Claimant's failure to cooperate in an audit as required by \u00a7 295.35."], ["44:44:1.0.1.5.60.2.10.1", 44, "Emergency Management and Assistance", "I", "E", "295", "PART 295\u2014CERRO GRANDE FIRE ASSISTANCE", "B", "Subpart B\u2014Bringing a Claim Under the CGFAA", "", "\u00a7 295.10 Bringing a claim under the CGFAA.", "FEMA", "", "", "", "(a) Any Injured Person may bring a claim under the CGFAA by filing a Notice of Loss. A claim submitted on any form other than a Notice of Loss will not be accepted. The Claimant must provide a brief description of each Loss on the Notice of Loss.\n\n(b) A single Notice of Loss may be submitted on behalf of a Household containing Injured Persons provided that all Injured Persons on whose behalf the claim is presented are identified.\n\n(c) The Notice of Loss must be signed by each Claimant, if the Claimant is an individual or by a duly authorized legal representative of each Claimant, if the Claimant is an entity or an individual who lacks the legal capacity to sign the Notice of Loss. If one is signing a Notice of Loss as the legal representative of a Claimant, the signer must disclose his or her relationship to the Claimant. FEMA may require a legal representative to submit evidence of authority.\n\n(d) Notice of Loss forms are available from OCGFC by request. They may be obtained through the mail, in person at the OCGFC office or by telephone request. The Notice of Loss form can also be downloaded from the Internet at  http://www.fema.gov/cerrogrande.\n\n(e) Notices of Loss may be filed with OCGFC by mail to P.O. Box 1480, Los Alamos, NM 87544-1480. OCGFC is unable to accept Notices of Loss submitted by facsimile or e-mail.\n\n(f) A Notice of Loss that is completely filled out and properly signed is deemed to be filed on the date it is received by OCGFC."], ["44:44:1.0.1.5.60.2.10.2", 44, "Emergency Management and Assistance", "I", "E", "295", "PART 295\u2014CERRO GRANDE FIRE ASSISTANCE", "B", "Subpart B\u2014Bringing a Claim Under the CGFAA", "", "\u00a7 295.11 Deadline for notifying FEMA of losses.", "FEMA", "", "", "", "The deadline for filing a Notice of Loss is August 28, 2002. Except as provided in \u00a7 295.21(d) with respect to mitigation and in \u00a7 295.31(b) with respect to the lump sum payment described therein, a Loss that has not been described: on a Notice of Loss, on a supplement to a Notice of Loss or a request to supplement a Notice of Loss under \u00a7 295.33, or a request to reopen a claim under \u00a7 295.34, received by OCGFC on or before August 28, 2002 cannot be compensated under the CGFAA. The CGFAA establishes this deadline and does not provide any extensions of the filing deadline."], ["44:44:1.0.1.5.60.2.10.3", 44, "Emergency Management and Assistance", "I", "E", "295", "PART 295\u2014CERRO GRANDE FIRE ASSISTANCE", "B", "Subpart B\u2014Bringing a Claim Under the CGFAA", "", "\u00a7 295.12 Election of remedies.", "FEMA", "", "", "", "(a) By filing a Notice of Loss, an Injured Person waives the right to seek redress for Cerro Grande Fire related claims against the United States through the Federal Tort Claims Act or by filing a civil action authorized by any other provision of law.\n\n(b) An Injured Person who files a Federal Tort Claims Act claim or who initiates a civil action against the United States or any officer, employee or agent of the United States relating to the Cerro Grande Fire on or after August 28, 2000 is not eligible under the CGFAA to file a Notice of Loss.\n\n(c) An Injured Person who filed before August 28, 2000 a Federal Tort Claims Act claim or a civil action against the United States for injuries, losses or damages relating to the Cerro Grande Fire may file a Notice of Loss provided that the Federal Tort Claims Act claim is withdrawn or the Injured Person is dismissed as a party to the civil action with prejudice not later than October 27, 2000. The withdrawal of a Federal Tort Claims Act claim must be in the form of a signed, written statement on a form provided by OCGFC that is filed with OCGFC not later than October 27, 2000. OCGFC will promptly forward the original notice of withdrawal to the applicable federal agency and retain a copy in the Claimant's file."], ["44:44:1.0.1.5.60.2.10.4", 44, "Emergency Management and Assistance", "I", "E", "295", "PART 295\u2014CERRO GRANDE FIRE ASSISTANCE", "B", "Subpart B\u2014Bringing a Claim Under the CGFAA", "", "\u00a7 295.13 Subrogation.", "FEMA", "", "", "", "An insurer or other third party with the rights of a subrogee, who has compensated an Injured Person for Cerro Grande Fire related losses, may file a Subrogation Notice of Loss under the CGFAA for the subrogated claim. An insurer or other third party with the rights of a subrogee may file a Subrogation Notice of Loss without regard to whether the Injured Party who received payment from the insurer or third party filed a Notice of Loss. A Subrogation Notice of Loss may not be filed until the insurer or other party with the rights of a subrogee has made all payments that it believes the Injured Person is entitled to receive for Cerro Grande Fire related losses under the terms of the insurance policy or other agreement between the insurer or other party with the rights of a subrogee and the Injured Person. By filing a Subrogation Notice of Loss for any subrogated claim, the insurer or third party elects the CGFAA as its exclusive remedy against the United States for all subrogated claims arising out of the Cerro Grande Fire. Subrogation claims must be made on a Subrogation Notice of Loss form furnished by OCGFC. FEMA will evaluate subrogation claims on their merits. FEMA may reimburse insurers and other third parties with the rights of a subrogee for reasonable payments made to an Injured Party on or before October 25, 2000, which exceeded or were not required by the terms of the insurance policy or other agreement creating a right of subrogation. FEMA will not reimburse insurers and other third parties with the rights of a subrogee for payments made to an Injured Party after October 25, 2000 that exceeded or are not required by the terms of the insurance policy or other agreement creating a right of subrogation."], ["44:44:1.0.1.5.60.2.10.5", 44, "Emergency Management and Assistance", "I", "E", "295", "PART 295\u2014CERRO GRANDE FIRE ASSISTANCE", "B", "Subpart B\u2014Bringing a Claim Under the CGFAA", "", "\u00a7 295.14 Assignments.", "FEMA", "", "", "", "Assignment of claims and the right to receive compensation for claims under the CGFAA is prohibited and will not be recognized by FEMA."], ["44:44:1.0.1.5.60.3.10.1", 44, "Emergency Management and Assistance", "I", "E", "295", "PART 295\u2014CERRO GRANDE FIRE ASSISTANCE", "C", "Subpart C\u2014Compensation Available Under the CGFAA", "", "\u00a7 295.20 Prerequisite to compensation.", "FEMA", "", "", "", "In order to receive compensation under the CGFAA a Claimant must be an Injured Person who suffered a Loss as a result of the Cerro Grande Fire and sustained damages."], ["44:44:1.0.1.5.60.3.10.2", 44, "Emergency Management and Assistance", "I", "E", "295", "PART 295\u2014CERRO GRANDE FIRE ASSISTANCE", "C", "Subpart C\u2014Compensation Available Under the CGFAA", "", "\u00a7 295.21 Allowable compensation.", "FEMA", "", "", "", "(a)  Allowable compensation.  The CGFAA provides for the payment of compensatory damages. Compensatory damages are \u201creal, substantial and just money damages established by the Claimant in compensation for actual or real injury or loss.\u201d In general, an Injured Person will be compensated for Losses to the same extent that the plaintiff in a successful tort action brought against a private party under the laws of the State of New Mexico would be compensated. In addition the CGFAA permits FEMA to compensate Injured Parties for certain categories of \u201closs of property,\u201d \u201cbusiness loss,\u201d and \u201cfinancial loss,\u201d which are enumerated in the CGFAA. Damages must be reasonable in amount. Claimants must take reasonable steps to mitigate (reduce) their damages, if possible, as required by New Mexico tort law.\n\n(b)  Exclusions.  Except as otherwise provided in the CGFAA, a Claimant will not receive compensation for any injury or damage that is not compensable under the Federal Tort Claims Act and New Mexico law. Punitive damages, statutory damages under \u00a7 30-32-4 of the New Mexico Statutes Annotated (1978), interest on claims, attorney's fees and agents' fees incurred in prosecuting a claim under the CGFAA or an insurance policy, adjusting costs incurred by an insurer or other third party with the rights of a subrogee, and taxes that may be owed by a Claimant as a consequence of receiving an award are not recoverable from FEMA. The cost to a Claimant of prosecuting a claim under the CGFAA does not constitute compensatory damages and is not recoverable from FEMA, except as provided in \u00a7 295.31(b).\n\n(c)  Damages arising in the future.  In the event that a lump sum payment is awarded to a Claimant for future damages the amount of the payment will be Discounted to Present Value.\n\n(d)  Destruction of home \u2014(1)  Home and contents.  Compensatory damages for the Destruction of a Home may include the reasonable cost of reconstructing a home comparable in design, construction materials, size and improvements to the home that was lost taking into account post-fire construction costs in the community in which the home existed before the fire and current building codes and standards. Compensatory damages may also include the cost of removing debris and burned trees, stabilizing the land, replacing household contents, and compensation for any decrease in the value of land on which the structure sat pursuant to paragraph (e) of this section. (2)  Trees and landscaping.  Compensation for the Replacement Cost of destroyed trees and landscaping will be limited to 25% of the pre-fire value of the structure and lot.\n\n(3)  Mitigation.  If requested by a Claimant, FEMA may compensate a Claimant for the reasonable cost of mitigation measures that will reduce the property's vulnerability to the future risk of wildfire, flood or other natural hazards related to the Cerro Grande Fire. Mitigation compensation made available under this section may not exceed fifteen percent of payments from all sources (i.e., CGFAA, insurance proceeds, FEMA assistance under the Stafford Act) for damage to the structure and lot. The Claimant must obtain all government permits, approvals and clearances required by applicable law, ordinance or regulation before constructing the mitigation measures. The mitigation measures must be reviewed by FEMA under applicable environmental and historic preservation laws. Claimants must construct the mitigation measures for which they have received compensation.\n\n(e)  Reduction in the value of real property.  Compensatory damages may be awarded for reduction in the value of real property that a Claimant owned before the fire if:\n\n(1) The Claimant sells the real property in a good faith arm's length transaction that is closed no later than August 28, 2002 and realizes a loss in the pre-fire value; or\n\n(2) The Claimant can establish that the value of the real property was permanently diminished as a result of the Cerro Grande Fire.\n\n(f)  Destruction of unique items of personal property.  Compensatory damages may be awarded for unique items of personal property that were destroyed as a result of the Cerro Grande Fire. If the item can be replaced in the current market, the cost to replace the item will be awarded. If the item cannot be replaced in the current market, its fair market value on the date it was destroyed will be awarded.\n\n(g)  Disaster recovery loans.  FEMA will reimburse Claimants awarded compensation under the CGFAA for interest paid on Small Business Administration disaster loans and similar loans obtained after May 4, 2000. Interest will be reimbursed for the period beginning on the date that the loan was taken out and ending on the date when the Claimant receives a compensation award (other than a partial payment). Claimants are required to use the proceeds of their compensation awards to repay Small Business Administration disaster loans. FEMA will cooperate with the Small Business Administration to formulate procedures for assuring that Claimants repay Small Business Administration disaster loans contemporaneously with the receipt of CGFAA compensation awards.\n\n(h)  Mitigation.  FEMA may compensate Claimants for the cost of reasonable and cost-effective efforts incurred on or before August 28, 2003 to mitigate the heightened risks of wildfire, flood or other natural disaster resulting from the Cerro Grande Fire that are consistent with a OCGFC-approved Mitigation Compensation Plan. No more than 15% of the total amount appropriated by Congress for the payment of Cerro Grande fire related claims may be allocated for mitigation compensation under this subsection. Claimants seeking compensation under this provision must file a Notice of Loss under \u00a7 295.10 or amend a Notice of Loss previously filed under \u00a7 295.33 or \u00a7 295.34. The Notice of Loss or amendment must specify that compensation for mitigation is sought. The Notice of Loss must be filed or a proposed amendment under \u00a7 295.33 or \u00a7 295.34 submitted no later than August 28, 2002. A separate request for mitigation assistance must be filed with OCGFC no later than August 28, 2003. Claimants must construct the mitigation measures for which they have received compensation.\n\n(i)  Subsistence \u2014(1)  Allowable damages.  FEMA may reimburse an Indian tribe, a Tribal Member or a Household Including Tribal Members for the reasonable cost of replacing Subsistence Resources customarily and traditionally used by the Claimant on or before May 4, 2000, but no longer available to the Claimant as a result of the Cerro Grande Fire. For each category of Subsistence Resources, the Claimant must elect to receive compensatory damages either for the increased cost of obtaining Subsistence Resources from lands not damaged by the Cerro Grande Fire or for the cost of procuring substitute resources in the cash economy. Long-term damage awards will be made in the form of lump sum cash payments to eligible Claimants.\n\n(2)  Proof of subsistence use.  FEMA may consider evidence submitted by Claimants, Indian Tribes and other knowledgeable sources in determining the nature and extent of a Claimant's subsistence uses.\n\n(3)  Duration of damages.  Compensatory damages for subsistence losses will be paid for the period between May 4, 2000 and the date when Subsistence Resources can reasonably be expected to return to the level of availability that existed before the Cerro Grande Fire. FEMA may rely upon the advice of experts in making this determination.\n\n(j)  Flood insurance.  A Claimant that owned or leased real property in the counties of Los Alamos, Rio Arriba, Sandoval or Santa Fe at the time of the Cerro Grande Fire who was not required by law to maintain flood insurance before the fire and who did not maintain flood insurance before the fire may be reimbursed by FEMA for reasonable flood insurance premiums incurred during the period beginning May 12, 2000 and ending May 12, 2002 on the owned or leased real property. Alternatively, FEMA may provide flood insurance to such Claimants directly through a group or blanket policy.\n\n(k)  Out of pocket expenses for treatment of mental health conditions.  FEMA may reimburse an individual Claimant for reasonable out of pocket expenses incurred for treatment of a mental health condition rendered by a licensed mental health professional, which condition resulted from the Cerro Grande Fire and which could not be effectively addressed through no-cost crisis counseling services available in the community. FEMA will not reimburse for treatment rendered after December 31, 2001.\n\n(l)  Donations.  FEMA will compensate individual or business Claimants in the counties of Los Alamos, Rio Arriba, Sandoval and Santa Fe (including those located on pueblos and Indian reservations) for the cost of merchandise, use of equipment or other non-personal services, directly or indirectly donated to survivors of the Cerro Grande Fire not later than June 19, 2000. Donations will be valued at cost. FEMA will also compensate businesses located in the counties of Los Alamos, Rio Arriba, Sandoval and Santa Fe (including those located on pueblos and Indian reservations) for discounts offered to fire survivors on goods and services not later than June 19, 2000 provided that actual revenues earned by the business during the period May 1-June 30, 2000 did not exceed reasonable projections for the period and the shortfall between actual revenues and reasonable projections resulted from the Cerro Grande Fire. Compensation will be the difference between the Claimant's established post-fire price for the good or service actually charged to the general public and the post-fire discounted price charged to fire survivors.\n\n(m)  Duplication of benefits.  The CGFAA allows FEMA to compensate Injured Parties only if their damages have not been paid or will not be paid by insurance or a third party.\n\n(1)  Insurance.  Claimants who carry insurance will be required to disclose the name of the insurer(s) and the nature of the insurance and provide OCGFC with such insurance documentation as OCGFC reasonably requests.\n\n(2)  Coordination with our Public Assistance Program.  Injured Parties eligible for disaster assistance under our Public Assistance Program are expected to apply for all available assistance. Compensation will not be awarded under the CGFAA for:\n\n(i) Emergency costs that are eligible for reimbursement under the Public Assistance Program; or\n\n(ii) Losses that are eligible for repair, restoration or replacement under the Public Assistance Program; or\n\n(iii) Costs or charges determined excessive under the Public Assistance Program.\n\n(3)  Benefits provided by non-governmental organizations and individuals.  Unless otherwise provided by these regulations, disaster relief payments made to a Claimant by a non-governmental organization or an individual, other than wages paid by the Claimant's employer or insurance payments, will be disregarded in evaluating claims and need not be disclosed to OCGFC by Claimants.\n\n(4)  Benefits provided by our Individual Assistance program.  Compensation under the CGFAA will not be awarded for losses or costs that have been reimbursed under the Individual and Family Grant Program or any other FEMA Individual Assistance Program.\n\n(5)  Worker's compensation claims.  Individuals who have suffered injuries that are compensable under State or Federal worker's compensation laws must apply for all benefits available under such laws."], ["44:44:1.0.1.5.60.4.10.1", 44, "Emergency Management and Assistance", "I", "E", "295", "PART 295\u2014CERRO GRANDE FIRE ASSISTANCE", "D", "Subpart D\u2014Claims Evaluation", "", "\u00a7 295.30 Establishing losses and damages.", "FEMA", "", "", "", "(a)  Burden of proof.  The burden of proving Losses and damages rests with the Claimant. A Claimant may submit for the Administrative Record a statement explaining why the Claimant believes that the Losses and damages are compensable and any documentary evidence supporting the claim. Claimants will provide documentation, which is reasonably available, to corroborate the nature, extent and value of their losses and/or to execute affidavits in a form established by OCGFC. FEMA may compensate a Claimant for a Loss in the absence of supporting documentation, in its discretion, on the strength of an affidavit or Proof of Loss executed by the Claimant, if documentary evidence substantiating the loss is not reasonably available. FEMA may request that a business Claimant execute an affidavit, which states that the Claimant will provide documentary evidence, including but not limited to income tax returns, if requested by our DHS Office of the Inspector General or the Government Accountability Office during an audit of the claim.\n\n(b)  Proof of Loss.  All Claimants are required to attest to the nature and extent of each Loss for which compensation is sought in the Proof of Loss. The Proof of Loss, which will be in a form specified by OCGFC, must be signed by the Claimant or the Claimant's legal representative if the Claimant is a not an individual or is an individual who lacks the legal capacity to execute the Proof of Loss. The Proof of Loss must be signed under penalty of perjury and subject to the provisions of 18 U.S.C.1001, which establishes penalties for false statements. Non-subrogation Claimants who filed a Notice of Loss before January 1, 2001 should submit a signed Proof of Loss to OCGFC not later than June 19, 2001. Non-subrogation Claimants who file a Notice of Loss on or after January 1, 2001 should submit a signed Proof of Loss to OCGFC not later than 150 days after the date when the Notice of Loss was submitted. These deadlines may be extended at the discretion of the Director of OCGFC for good cause. If a non-subrogation Claimant fails to submit a signed Proof of Loss within the timeframes set forth in this section and does not obtain an extension from the Director of OCGFC, OCGFC may administratively close the claim and require the Claimant to repay any partial payments made on the claim. Subrogation Claimants will submit the Proof of Loss contemporaneously with filing the Notice of Loss.\n\n(c)  Release and Certification Form.  All Claimants who receive compensation under the CGFAA are required to sign a Release and Certification Form. The Release and Certification Form must be executed by the Claimant or the Claimant's legal representative if the Claimant is an entity or lacks the legal capacity to execute the Release and Certification Form. The Release and Certification Form must be received by OCGFC within 120 days of the date when the Authorized Official's Determination is rendered under \u00a7 295.32, or if subsequent proceedings occur under Subpart E of these regulations, not later than 60 days after the date when further review of the decision (if available) is precluded. The United States will not attempt to recover compensatory damages paid to a Claimant who has executed and returned a Release and Certification Form within the periods provided above, except in the case of fraud or misrepresentation by the Claimant or the Claimant's representative, failure of the Claimant to cooperate with an audit as required by \u00a7 295.35 or a material mistake by FEMA."], ["44:44:1.0.1.5.60.4.10.2", 44, "Emergency Management and Assistance", "I", "E", "295", "PART 295\u2014CERRO GRANDE FIRE ASSISTANCE", "D", "Subpart D\u2014Claims Evaluation", "", "\u00a7 295.31 Reimbursement of claim expenses.", "FEMA", "", "", "", "(a) FEMA will reimburse Claimants for the reasonable costs they incur in copying documentation requested by OCGFC. FEMA will also reimburse Claimants for the reasonable costs they incur in providing appraisals, or other third-party opinions, requested by OCGFC. FEMA will not reimburse Claimant for the cost of appraisals, or other third party opinions, not requested by OCGFC.\n\n(b) FEMA will provide a lump sum payment for incidental expenses incurred in claims preparation to individual and business Claimants that are awarded compensatory damages under the CGFAA after a properly executed Release and Certification Form has been returned to OCGFC. The amount of the lump sum payment will be the greater of $100 or 5% of CGFAA compensatory damages and insurance proceeds recovered by the Claimant for Cerro Grande Fire related losses (not including the lump sum payment or monies reimbursed under the CGFAA for the purchase of flood insurance), but will not exceed $15,000. No more than one lump sum payment will be made to all Claimants in a Household, regardless of whether the Household filed separate or combined Notices of Loss. The following Claimants will not be eligible to receive the lump sum payment: subrogation Claimants and Claimants whose only Cerro Grande Fire related loss is for flood insurance premiums."], ["44:44:1.0.1.5.60.4.10.3", 44, "Emergency Management and Assistance", "I", "E", "295", "PART 295\u2014CERRO GRANDE FIRE ASSISTANCE", "D", "Subpart D\u2014Claims Evaluation", "", "\u00a7 295.32 Determination of compensation due to claimant.", "FEMA", "", "", "", "(a)  Authorized Official's report.  After OCGFC has evaluated all elements of a claim as stated in the Proof of Loss, the Authorized Official will issue, and provide the Claimant with a copy of, the Authorized Official's Determination.\n\n(b)  Claimant's options upon issuance of the Authorized Official's determination.  Not later than 120 days after the date that appears on the Authorized Official's Determination, the Claimant must either accept the findings by submitting a Release and Certification Form to FEMA or initiate an Administrative Appeal in accordance with \u00a7 295.41. The CGFAA requires that Claimants sign the Release and Certification Form to receive payment on their claims (except for partial payments). The Claimant will receive payment of compensation awarded by the Authorized Official after FEMA receives the completed Release and Certification Form. If the Claimant does not either submit a Release and Certification Form to FEMA or initiate an Administrative Appeal no later than 120 Days after the date that appears on the Authorized Official's Determination, he or she will be conclusively presumed to have accepted the Authorized Official's Determination. The Director of OCGFC may modify the deadlines set forth in this subsection at the request of a Claimant for good cause shown."], ["44:44:1.0.1.5.60.4.10.4", 44, "Emergency Management and Assistance", "I", "E", "295", "PART 295\u2014CERRO GRANDE FIRE ASSISTANCE", "D", "Subpart D\u2014Claims Evaluation", "", "\u00a7 295.33 Supplementing claims.", "FEMA", "", "", "", "A Claimant may amend the Notice of Loss to include additional claims at any time before signing a Proof of Loss. After the Claimant has submitted a Proof of Loss and before submission of the Release and Certification Form, a Claimant may request that the Director of OCGFC consider one or more Losses not addressed in the Proof of Loss. The request must be submitted in writing to the Director of OCGFC and received not later than the deadline for filing an Administrative Appeal under \u00a7 295.32 or August 28, 2002, whichever is earlier. It must be supported by the Claimant's explanation of why the Loss was not previously reported. If good cause is found to consider the additional loss, the Director will determine whether compensation is due to the Claimant for the Loss under the Administrative Appeal procedures described in \u00a7 295.41."], ["44:44:1.0.1.5.60.4.10.5", 44, "Emergency Management and Assistance", "I", "E", "295", "PART 295\u2014CERRO GRANDE FIRE ASSISTANCE", "D", "Subpart D\u2014Claims Evaluation", "", "\u00a7 295.34 Reopening a claim.", "FEMA", "", "", "", "(a) The Director of OCGFC may reopen a claim if requested to do so by the Claimant, notwithstanding the submission of the Release and Certification Form, for the limited purpose of considering issues raised by the request to reopen if:\n\n(1) The Claimant desires mitigation compensation and the request to reopen is filed not later than August 28, 2003 in accordance with \u00a7 295.21(d) or (h); or\n\n(2) The Claimant closed the sale of real property not later than August 28, 2002 and wishes to present a claim for reduction in the value of the real property under \u00a7 295.21(e) and the request to reopen is filed not later than August 28, 2002; or\n\n(3) The Claimant has incurred Replacement Costs under \u00a7 295.21(d) in excess of those previously awarded and is not prohibited by the terms of an agreement pertaining to home replacement with OCGFC from requesting that the case be reopened; or\n\n(4) The Director of OCGFC otherwise determines that Claimant has demonstrated good cause.\n\n(b) The Director of OCGFC may establish a deadline by which requests to reopen under paragraphs (a)(3) or (4) of this section must be submitted. The deadline will be published as a notice in the  Federal Register  and broadly disseminated throughout the communities, pueblos and Indian reservations in Los Alamos, Rio Arriba, Sandoval, and Santa Fe Counties."], ["44:44:1.0.1.5.60.4.10.6", 44, "Emergency Management and Assistance", "I", "E", "295", "PART 295\u2014CERRO GRANDE FIRE ASSISTANCE", "D", "Subpart D\u2014Claims Evaluation", "", "\u00a7 295.35 Access to records.", "FEMA", "", "", "", "For purpose of audit and investigation, a Claimant will grant the FEMA 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 maintained by a Claimant or under the Claimant's control pertaining or relevant to the claim."], ["44:44:1.0.1.5.60.4.10.7", 44, "Emergency Management and Assistance", "I", "E", "295", "PART 295\u2014CERRO GRANDE FIRE ASSISTANCE", "D", "Subpart D\u2014Claims Evaluation", "", "\u00a7 295.36 Confidentiality of information.", "FEMA", "", "", "", "Confidential information submitted by individual Claimants is protected from disclosure to the extent permitted by the Privacy Act. These protections are described in the Privacy Act Notice provided with the Notice of Loss. Other Claimants should consult with FEMA concerning the availability of confidentiality protection under exemptions to the Freedom of Information Act and other applicable laws before submitting confidential, proprietary or trade secret information."], ["44:44:1.0.1.5.60.5.10.1", 44, "Emergency Management and Assistance", "I", "E", "295", "PART 295\u2014CERRO GRANDE FIRE ASSISTANCE", "E", "Subpart E\u2014Dispute Resolution", "", "\u00a7 295.40 Scope.", "FEMA", "", "", "", "This subpart describes a Claimant's right to bring an Administrative Appeal in response to the Authorized Official's Determination. It also describes the Claimant's right to pursue arbitration or seek judicial review following an Administrative Appeal."], ["44:44:1.0.1.5.60.5.10.2", 44, "Emergency Management and Assistance", "I", "E", "295", "PART 295\u2014CERRO GRANDE FIRE ASSISTANCE", "E", "Subpart E\u2014Dispute Resolution", "", "\u00a7 295.41 Administrative appeal.", "FEMA", "", "", "", "(a)  Notice of appeal.  A Claimant may request that the Director of OCGFC review the Authorized Official's Determination by written request to the Appeals Docket, Office of Cerro Grande Claims, P.O. Box 1480, Los Alamos, NM 87544-1480, postmarked or delivered within 120 Days after the date that appears on the Authorized Official's Determination. The Claimant will submit along with the notice of appeal a statement explaining why the Authorized Official's Determination was incorrect.\n\n(b)  Acknowledgement of appeal.  OCGFC will acknowledge the receipt of appeals that are timely filed. Following the receipt of a timely filed appeal, the Director of OCGFC will obtain the Administrative Record from the Authorized Official and transmit a copy to the Claimant.\n\n(c)  Supplemental filings.  The Claimant may supplement the statement of reasons and provide any additional documentary evidence supporting the appeal within 60 Days after the date when the appeal is filed. The Director of OCGFC may extend these timeframes or authorize additional filings either on his or her own initiative or in response to a request by the Claimant for good cause shown.\n\n(d)  Admissible evidence.  The Claimant may rely upon any relevant evidence to support the appeal, regardless of whether the evidence was previously submitted to the Claims Reviewer for consideration by the Authorized Official.\n\n(e)  Obtaining evidence.  The Director of OCGFC may request from the Claimant or from the Authorized Official any additional information that is relevant to the issues posed by the appeal in his or her discretion.\n\n(f)  Conferences.  The Director of OCGFC may schedule a conference to gain a better understanding of the issues or to explore settlement possibilities.\n\n(g)  Hearings.  The Director of OCGFC may exercise the discretion to convene an informal hearing to receive oral testimony from witnesses or experts. The rules under which hearings will be conducted will be established by the Director of OCGFC. Formal rules of evidence applicable to court proceedings will not be used in hearings under this subsection. Hearings will be transcribed and the transcript will be entered in the Administrative Record.\n\n(h)  Decision on appeal.  After the allotted time for submission of evidence has passed, the Director of OCGFC will close the Administrative Record and render a written decision on the Administrative Appeal. The Director of OCGFC's decision on the Administrative Appeal will constitute the final decision of the Administrator of FEMA under \u00a7\u00a7 104(d)(2)(B) and 104(i)(1) of the CGFAA.\n\n(i)  Claimant's options following appeal.  The Claimant's concurrence with the decision in the Administrative Appeal will be conclusively presumed unless the Claimant initiates arbitration in accordance with \u00a7 295.42 or seeks judicial review in accordance with \u00a7 295.43. If the Claimant concurs with the Director's determination, payment of any additional damages awarded by the Director will be made to the Claimant upon receipt of a properly executed Release and Certification Form."], ["44:44:1.0.1.5.60.5.10.3", 44, "Emergency Management and Assistance", "I", "E", "295", "PART 295\u2014CERRO GRANDE FIRE ASSISTANCE", "E", "Subpart E\u2014Dispute Resolution", "", "\u00a7 295.42 Arbitration.", "FEMA", "", "", "", "(a)  Initiating arbitration.  A Claimant who is dissatisfied with the outcome of the Administrative Appeal may initiate binding arbitration by submitting a written request for arbitration to the Arbitration Administrator for Cerro Grande Claims, Alternate Dispute Resolution Office, Federal Emergency Management Agency, 500 C Street, SW., room 214, Washington, DC 20472 on a form provided by OCGFC. The written request for arbitration must be received not later than 60 days after the date that appears on the Administrative Appeal decision.\n\n(b)  Permissible claims.  A Claimant may not arbitrate an issue unless it was raised and decided in the Administrative Appeal. Arbitration will be conducted on the evidence in the Administrative Record. Evidence not previously entered into the Administrative Record will not be considered.\n\n(c)  Settlement and mediation alternatives.  At any time after a request for arbitration is filed and before the time a decision is rendered, either party may request in writing that the Alternate Dispute Resolution Office stay further proceedings in the arbitration to facilitate settlement discussions. A mediator may be appointed (if requested by the parties) to facilitate settlement discussions. If both parties concur in the request, the Alternate Dispute Resolution Office will stay the arbitration and appoint a mediator at our expense. The stay may be terminated and the arbitration resumed upon written request of either party to the Alternate Dispute Resolution Office. If the dispute is settled, the Alternate Dispute Resolution Office will issue an order terminating the arbitration and provide the Claimant with a Release and Certification Form.\n\n(d)  Selection of arbitrator.  Arbitrators will be selected from a list of qualified arbitrators who have agreed to serve provided by the Alternate Dispute Resolution Office. If the amount in dispute is $300,000 or less, the arbitration will be decided by one arbitrator selected by the Claimant from the list. If the amount in dispute exceeds $300,000, a panel of three arbitrators selected at random by the Alternate Dispute Resolution Office will decide the arbitration.\n\n(e)  Conduct of arbitration.  The arbitration will be conducted in a manner determined by the arbitrator consistent with guidelines established by the Alternate Dispute Resolution Office. The Alternate Dispute Resolution Office will provide these guidelines upon request.\n\n(f)  Hearings.  The arbitrator may convene a hearing at a location designated by the Alternate Dispute Resolution Office. Whenever possible hearings will be held in Los Alamos, New Mexico unless the parties jointly agree to a different location.\n\n(g)  Decision.  After reviewing the evidence, the arbitrator(s) will render a decision in writing to the Alternate Dispute Resolution Office. The Alternate Dispute Resolution Office will transmit the decision to the Claimant and the Director of OCGFC. If a panel of three arbitrators conducts the arbitration, at least two of the three arbitrators must sign the decision. The decision will be rendered no later than 10 Days after a hearing is concluded or 60 Days after the arbitration is initiated, whichever is earlier. The Alternate Dispute Resolution Office may extend the time for a decision. The decision will establish the compensation due to the Claimant, if any, and the reasons therefore.\n\n(h)  Action on arbitration decision.  The Alternate Dispute Resolution Office will forward the arbitration decision and a Release and Certification Form to the Claimant. A Claimant who has received or who has been awarded any compensation under the CGFAA must sign and return the Release and Certification Form, regardless of whether any additional compensation is awarded by the arbitration. Additional compensation awarded in the arbitration will be paid to the Claimant after the signed Release and Certification Form is received.\n\n(i)  Final decision.  The decision of the arbitrator will be final and binding on all parties and will not be subject to any administrative or judicial review. The arbitrator may correct clerical, typographical or computational errors as requested by the Alternate Dispute Resolution Office.\n\n(j)  Administration of arbitration.  The Alternate Dispute Resolution Office will serve as arbitration administrator and will conclusively resolve any procedural disputes arising in the course of the arbitration. The Alternate Dispute Resolution Office will pay the fees of the arbitrator and reimburse the arbitrator for arbitration related expenses unless the parties jointly agree otherwise."], ["44:44:1.0.1.5.60.5.10.4", 44, "Emergency Management and Assistance", "I", "E", "295", "PART 295\u2014CERRO GRANDE FIRE ASSISTANCE", "E", "Subpart E\u2014Dispute Resolution", "", "\u00a7 295.43 Judicial review.", "FEMA", "", "", "", "As an alternative to arbitration, a Claimant dissatisfied with the outcome of an Administrative Appeal may seek judicial review of the decision by bringing a civil lawsuit against FEMA in the United States District Court for the District of New Mexico. This lawsuit must be brought within 60 Days of the date that appears on the Administrative Appeal decision. The court may only consider evidence in the Administrative Record. The court will uphold our decision if it is supported by substantial evidence on the record considered as a whole. If the judge has awarded damages over and above those previously paid, FEMA will cause the damages to be paid to the Claimant upon receipt of the Release and Certification Form or as otherwise specified by order of the court. Claimants who have received any compensation under the CGFAA must return a Release and Certification Form as provided in \u00a7 295.30(c), regardless of whether the court awards additional compensation."], ["44:44:1.0.1.5.60.6.10.1", 44, "Emergency Management and Assistance", "I", "E", "295", "PART 295\u2014CERRO GRANDE FIRE ASSISTANCE", "F", "Subpart F\u2014Glossary", "", "\u00a7 295.50 Definitions.", "FEMA", "", "", "", "Administrative Appeal  means an appeal of the Authorized Official's Determination to the Director of OCGFC in accordance with the provisions of Subpart E of these regulations.\n\nAdministrative Record  means 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 also means all information that is submitted by the Claimant or FEMA in an Administrative Appeal and the decision of the Administrative Appeal. It excludes the opinions, memoranda and work papers of our attorneys and drafts of documents prepared by OCGFC personnel and contractors.\n\nAlternate Dispute Resolution Office  means the Office established by FEMA to promote use of Alternative Dispute Resolution as a means of resolving disputes. The address of the Alternate Dispute Resolution Office is Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.\n\nAuthorized Official  means an employee of the United States who is delegated with authority by the Director of OCGFC to render binding determinations on claims and to determine compensation due to Claimants under the CGFAA.\n\nAuthorized Official's Determination  means a report 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.\n\nClaimant  means a person who has filed a Notice of Loss under the CGFAA.\n\nClaims Reviewer  means an employee of the United States or an OCGFC contractor or subcontractor who is authorized by the Director of OCGFC to review and evaluate claims submitted under the CGFAA.\n\nDays  means calendar days, including weekends and holidays.\n\nDestruction of a Home  means destruction or physical damage to a residence or the land upon which it sat, resulting from the Cerro Grande Fire.\n\nDiscount to Net Present Value  means a reduction of an award for damages arising in the future by making allowance for the fact that such award, if properly invested would earn interest.\n\nHousehold  means 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.\n\nHousehold Including Tribal Members  means a Household that existed on May 4, 2000, which included one or more Tribal Members as continuous residents.\n\nIndian tribe  means an entity listed on the most recent list of federally recognized tribes published in the  Federal Register  by the Secretary of the Interior pursuant to the Federally Recognized Indian Tribe List Act, 25 U.S.C. 479a, or successor legislation.\n\nInjured Person  means an individual, regardless of citizenship or alien status, an Indian tribe, corporation, tribal corporation, partnership, company, association, cooperative, joint venture, limited liability company, estate, trust, county, city, State, school district, special district or other non-Federal entity that suffered Loss resulting from the Cerro Grande Fire and any entity that provided insurance to an Injured Person. The term Injured Person includes an Indian tribe with respect to any claim relating to property or natural resources held in trust for the Indian tribe by the United States. Lenders holding mortgages or security interests on property affected by the Cerro Grande fire and lien holders are not \u201cInjured Persons\u201d for purposes of the CGFAA.\n\nLoss  means \u201cinjury or loss of property, or personal injury or death,\u201d as that phrase appears in the Federal Tort Claims Act, 28 U.S.C. 1346(b)(1), and the several categories of \u201cproperty loss,\u201d \u201cbusiness loss\u201d or \u201cfinancial loss\u201d set out in the \u00a7 104(d) of the CGFAA.\n\nMitigation Compensation Plan  means a written mitigation plan submitted by a local government with land use regulatory authority or by an Indian tribe that recommends specific mitigation measures to reduce the heightened risks of wildfire, flood or other natural hazards resulting from the Cerro Grande Fire or seeks compensation for the cost of such measures expended before August 28, 2000, or both. The Mitigation Compensation Plan may address property specific mitigation measures and community level mitigation measures.\n\nNotice of Loss  means a form supplied by OCGFC through which an Injured Person makes a binding, conclusive and irrevocable election to have all Losses resulting from the Cerro Grande Fire reviewed by FEMA for possible compensation under the CGFAA.\n\nProof of Loss  means a statement, signed by a Claimant under penalty of perjury and subject to the provisions of 18 U.S.C.1001 that the claim is true and correct, attesting to the nature and extent of the Claimant's injuries.\n\nPublic Assistance Program  means the FEMA program establish under Subchapter IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, 42 U.S.C. 5121,  et seq.,  which provides grants to States, local governments, Indian tribes and private nonprofit organizations for emergency measures and repair, restoration and replacement of damaged facilities.\n\nReplacement Cost  means the cost of replacing an item that is damaged or destroyed with an item that is comparable in quality and utility.\n\nRelease and Certification Form  means a document in the manner prescribed by \u00a7 104(e) of the CGFAA that all Claimants who have received or are awarded compensatory damages under the CGFAA must execute and return to OCGFC as required by \u00a7 295.30(c).\n\nSubsistence Resources  means food and other items obtained through hunting, fishing, firewood and other resource gathering, timbering, grazing or agricultural activities undertaken by the Claimant without financial remuneration.\n\nTribal Member  means an enrolled member of an Indian Tribe."], ["46:46:8.0.1.3.18.1.3.1", 46, "Shipping", "II", "C", "295", "PART 295\u2014MARITIME SECURITY PROGRAM (MSP)", "A", "Subpart A\u2014Introduction", "", "\u00a7 295.1 Purpose.", "FMC", "", "", "", "This part prescribes regulations implementing the provisions of subtitle B (Maritime Security Fleet Program) of title VI of the Merchant Marine Act, 1936, as amended, governing Maritime Security Program payments for vessels operating in the foreign trade or mixed foreign and domestic commerce of the United States allowed under a registry endorsement issued under 46 U.S.C. 12105."], ["46:46:8.0.1.3.18.1.3.2", 46, "Shipping", "II", "C", "295", "PART 295\u2014MARITIME SECURITY PROGRAM (MSP)", "A", "Subpart A\u2014Introduction", "", "\u00a7 295.2 Definitions.", "FMC", "", "", "", "For the purposes of this part:\n\n(a)  Act,  means the Merchant Marine Act, 1936, as amended by the Maritime Security Act of 1996 (MSA)(46 App. U.S.C. 1101  et seq. ).\n\n(b)  Administrator,  means the Maritime Administrator, U.S. Maritime Administration (MARAD), U.S. Department of Transportation, who is authorized to administer the MSA.\n\n(c)  Agreement Vessel,  means a vessel covered by a MSP Operating Agreement.\n\n(d)  Applicant,  means an applicant for a MSP Operating Agreement.\n\n(e)  Bulk Cargo,  means cargo that is loaded and carried in bulk without mark or count.\n\n(f)  Chapter 121,  means the vessel documentation provisions of chapter 121 of title 46, United States Code.\n\n(g)  Citizen of the United States,  means an individual or a corporation, partnership or association as determined under section 2 of the Shipping Act, 1916, as amended (46 App. U.S.C. 802).\n\n(h)  Contracting Officer,  means the Associate Administrator for National Security, MARAD.\n\n(i)  Contractor,  means the owner or operator of a vessel that enters into a MSP Operating Agreement for the vessel with MARAD pursuant to \u00a7 295.20 of this part.\n\n(j)  DOD,  means the U.S. Department of Defense.\n\n(k)  Domestic Trade,  means trade between two or more ports and/or points in the United States.\n\n(l)  Eligible Vessel,  means a vessel that meets the requirements of \u00a7 295.10(b) of this part.\n\n(m)  Emergency Preparedness Program Agreement,  means the agreement, required by section 653 of the act, between a Contractor and the Secretary of Transportation (acting through MARAD) to make certain commercial transportation resources available during time of war or national emergency.\n\n(n)  Enrollment,  means the entry into a MSP Operating Agreement with the MARAD to operate a vessel(s) in the MSP Fleet in accordance with \u00a7 295.20 of this part.\n\n(o)  Fiscal Year,  means any annual period beginning on October 1 and ending on September 30.\n\n(p)  LASH Vessel,  means a lighter aboard ship vessel.\n\n(q)  Militarily Useful,  is defined according to DOD Joint Strategic Planning Capabilities Plan (JSCAP) guidance as follows:\n\n(1)  U.S. Sources \u2014All active and inactive ocean-going ships (and certain other specially selected vessels) within the following types and criteria from United States sources with a minimum speed of 12 knots.\n\n(2)  Dry Cargo \u2014All dry cargo ships, including integrated tug/barges (ITBs) with a minimum capacity of 6,000 tons (DWT) capable of carrying, without significant modification, any of the following cargoes: unit equipment, ammunition, or sustaining supplies.\n\n(r)  MSP Fleet,  means the fleet of vessels operating under MSP Operating Agreements.\n\n(s)  MSP Operating Agreement,  means the MSP Operating Agreement, providing for MSP payments entered into by a Contractor and MARAD.\n\n(t)  MSP Payments,  means the payments made for the operation of U.S.-flag vessels in the foreign trade or mixed foreign and domestic trade of the United States allowed under a registry endorsement issued under 46 U.S.C. 12105, to maintain intermodal shipping capability and to meet national defense and security requirements in accordance with the terms and conditions of the MSP Operating Agreement.\n\n(u)  Ocean Common Carrier,  means a carrier that meets the requirements of the MSA, section 654(3).\n\n(v)  ODS,  means Operating-Differential Subsidy provided by Subtitle A, Title VI, of the Act.\n\n(w)  Operating Day,  means any day during which a vessel is operated in accordance with the terms and conditions of the MSP Operating Agreement.\n\n(x)  Related party,  means:\n\n(1) a holding company, subsidiary, affiliate, or associate of a contractor who is a party to an operating agreement under Subtitle B, Title VI, of the Act; and\n\n(2) an officer, director, agent, or other executive of a contractor or of a person referred to in paragraph (x)(1) of this section.\n\n(y)  Roll-on/Roll-off Vessel,  means a vessel that has ramps allowing cargo to be loaded and discharged by means of wheeled vehicles so that cranes are not required.\n\n(z)  Secretary,  means the Secretary of Transportation.\n\n(aa)  United States Documented Vessel,  means a vessel documented under Chapter 121 of Title 46, United States Code."], ["46:46:8.0.1.3.18.1.3.3", 46, "Shipping", "II", "C", "295", "PART 295\u2014MARITIME SECURITY PROGRAM (MSP)", "A", "Subpart A\u2014Introduction", "", "\u00a7 295.3 Waivers.", "FMC", "", "", "", "In special circumstances, and for good cause shown, the procedures prescribed in this part may be waived in writing by the Maritime Administration, by mutual agreement of the Maritime Administration and the Contractor, so long as the procedures adopted are consistent with the Act and with the objectives of these regulations."], ["46:46:8.0.1.3.18.2.3.1", 46, "Shipping", "II", "C", "295", "PART 295\u2014MARITIME SECURITY PROGRAM (MSP)", "B", "Subpart B\u2014Establishment of MSP Fleet and Eligibility", "", "\u00a7 295.10 Eligibility requirements.", "FMC", "", "", "", "(a)  Applicant.  Any person may apply to MARAD for Enrollment of Eligible Vessels in MSP Operating Agreements for inclusion in the MSP Fleet pursuant to the provisions of subtitle B, title VI, of the act. Applications shall be addressed to the Secretary, Maritime Administration, 400 Seventh Street, S.W., Washington, D.C. 20590.\n\n(b)  Eligible Vessel.  A vessel eligible for enrollment in a MSP Operating Agreement shall be self-propelled and meet the following requirements:\n\n(1)  Vessel Type \u2014(i)  Liner Vessel.  The vessel shall be operated by a person as an Ocean Common Carrier.\n\n(ii)  Specialty vessel.  Whether in commercial service, on charter to the DOD, or in other employment, the vessel shall be either:\n\n(A) a Roll-on/Roll-off vessel with a carrying capacity of at least 80,000 square feet or 500 twenty-foot equivalent units; or\n\n(B) a LASH vessel with a barge capacity of at least 75 barges; or\n\n(iii)  Other vessel.  Any other type of vessel that is determined by the MARAD to be suitable for use by the United States for national defense or military purposes in time of war or national emergency; and\n\n(2)  Vessel Requirements \u2014(i)  U.S. Documentation.  Except as provided in paragraph (b)(2)(iv) of this section, the vessel is a U.S.-documented vessel; and\n\n(ii)  Age.  Except as provided in paragraph (b)(2)(iii), on the date a MSP Operating Agreement covering the vessel is first entered into is:\n\n(A) a LASH Vessel that is 25 years of age or less; or\n\n(B) any other type of vessel that is 15 years of age or less.\n\n(iii)  Waiver Authority.  In accordance with section 651(b)(2) of the act, MARAD is authorized to waive the application of paragraph (b)(2)(ii) of this section if MARAD, in consultation with the Secretary of Defense, determines that the waiver is in the national interest.\n\n(iv)  Intent to document U.S.  Although the vessel may not be a U.S.-documented vessel, it shall be considered an Eligible Vessel if the vessel meets the criteria for documentation under 46 U.S.C. chapter 121, the vessel owner has demonstrated an intent to have the vessel documented under 46 U.S.C. chapter 121, and the vessel will be less than 10 years of age on the date of that documentation; and\n\n(3)  MARAD's determination.  MARAD determines that the vessel is necessary to maintain a United States presence in international commercial shipping and the applicant possesses the ability, experience, resources and other qualifications necessary to execute the obligations of the MSP Operating Agreement, or MARAD, after consultation with the Secretary of Defense, determines that the vessel is militarily useful for meeting the sealift needs of the United States."], ["46:46:8.0.1.3.18.2.3.2", 46, "Shipping", "II", "C", "295", "PART 295\u2014MARITIME SECURITY PROGRAM (MSP)", "B", "Subpart B\u2014Establishment of MSP Fleet and Eligibility", "", "\u00a7 295.11 Applications.", "FMC", "", "", "[62 FR 37737, July 15, 1997, as amended at 68 FR 62537, Nov. 5, 2003; 69 FR 61451, Oct. 19, 2004]", "(a)  Action by MARAD \u2014(1)  Time Deadlines.  Not later than 30 days after the enactment of the Maritime Security Act of 1996, Pub. L. 104-239, MARAD shall accept applications for Enrollment of vessels in the MSP Fleet. Within 90 days after receipt of a completed application, MARAD shall enter into a MSP Operating Agreement with the applicant or provide in writing the reason for denial of that application.\n\n(2)  Closure of Applications.  Applications for MSP Operating Agreements shall be made only at such time as, and in response to, publication of invitations to apply by MARAD in the  Federal Register.  After the Administrator has fully allocated authorized contracting authority through the award of the maximum number of vessels allowed under \u00a7 295.30(a), MARAD will not accept any applications for award of new Operating Agreements until additional contracting authority becomes available, or existing contracting authority reverts back to MARAD.\n\n(3)  Reflagging for Eligible vessels.  Except as provided in paragraph (a)(4) of this section, an applicant may remove a vessel from U.S. registry without MARAD approval if an application for a MSP Operating Agreement has been filed for that vessel, the applicant is qualified, and it has been determined by MARAD to be eligible under MSA section 651(b)(1) under a priority for which sufficient funds are available and the Administrator has not awarded an Operating Agreement for the vessel within 90 days of that application.\n\n(4)  Reflagging ODS and MSC chartered vessels.  Vessels eligible under MSA section 651(b)(1) which are also subject to ODS contracts or on charter to MSC, and for which applications have been denied pursuant to \u00a7 295.11(a)(1) of this part, may be removed from U.S. registry only after those agreements have expired and only after the age requirement in section 9(e)(3) of the Shipping Act, 1916 (46 App. U.S.C. 808) has been met.\n\n(b)  Action by the Applicant.  Applicants for MSP Payments shall submit information on the following (Note: MARAD will accept electronic options (such as facsimile and Internet) for transmission of required information to MARAD, if practicable):\n\n(1)  Intermodal network.  A statement describing its operating and transportation assets, including vessels, container stocks, trucks, railcars, terminal facilities, and systems used to link such assets together;\n\n(2)  Diversity of trading patterns.  A list of countries and trade routes serviced along with the types and volumes of cargo carried;\n\n(3)  Vessel construction date;\n\n(4)  Vessel type and size;  and\n\n(5)  Military Utility.  An assessment of the value of the vessel to DOD sealift requirements."], ["46:46:8.0.1.3.18.2.3.3", 46, "Shipping", "II", "C", "295", "PART 295\u2014MARITIME SECURITY PROGRAM (MSP)", "B", "Subpart B\u2014Establishment of MSP Fleet and Eligibility", "", "\u00a7 295.12 Priority for awarding agreements.", "FMC", "", "", "", "Subject to the availability of appropriations, MARAD shall enter into individual MSP Operating Agreements for Eligible Vessels according to the following priorities:\n\n(a)  First priority requirements.  First priority shall be accorded to any Eligible Vessel meeting the following requirements:\n\n(1)  U.S. citizen ownership.  Vessels owned and operated by persons who are Citizens of the United States as defined in \u00a7 295.2; or\n\n(2)  Other corporations.  Vessels less than 10 years of age and owned and operated by a corporation that is:\n\n(i) eligible to document a vessel under 46 U.S.C. chapter 121; and\n\n(ii) affiliated with a corporation operating or managing for the Secretary of Defense other vessels documented under 46 U.S.C. chapter 121, or chartering other vessels to the Secretary of Defense.\n\n(3)  Limitation on number of vessels.  Limitation on the total number of Eligible Vessels awarded under paragraph (a) of this section shall be:\n\n(i) For any U.S. citizen under paragraph (a)(1), the number of vessels may not exceed the sum of:\n\n(A) the number of U.S.-flag documented vessels that the Contractor or a related party operated in the foreign commerce of the United States on May 17, 1995, except mixed coastwise and foreign commerce; and\n\n(B) the number of U.S.-flag documented vessels the person chartered to the Secretary of Defense on that date; and\n\n(ii) For any corporation under paragraph (a)(2) of this section, not more than five Eligible Vessels.\n\n(4)  Related party.  For the purpose of this section a related party with respect to a person shall be treated as the person.\n\n(b)  Second priority requirements.  To the extent that appropriated funds are available after applying the first priority in paragraph (a) of this section, the MARAD shall enter into individual MSP Operating Agreements for Eligible Vessels owned and operated by a person who is:\n\n(1)  U.S. citizen.  A Citizen of the United States, as defined in \u00a7 295.2(g), that has not been awarded a MSP Operating Agreement under the priority in paragraph (a) of this section, or\n\n(2)  Other.  A person (individual or entity) eligible to document a vessel under 46 U.S.C. chapter 121, and affiliated with a person or corporation operating or managing other U.S.-documented vessels for the Secretary of Defense or chartering other vessels to the Secretary of Defense.\n\n(c)  Third priority.  To the extent that appropriated funds are available after applying the first and second priority, any other Eligible Vessel.\n\n(d)  Number of MSP Operating Agreements Awarded.  If appropriated funds are not sufficient to award agreements to all vessels within a priority set forth herein, MARAD shall award to each eligible applicant in that priority a number of Operating Agreements that bears approximately the same ratio to the total number of Operating Agreements requested under that priority, and for which timely applications have been made, as the amount of appropriations available for MSP Operating Agreements for Eligible Vessels in the priority bears to the amount of appropriations necessary for MSP Operating Agreements for all Eligible Vessels in the priority."], ["46:46:8.0.1.3.18.3.3.1", 46, "Shipping", "II", "C", "295", "PART 295\u2014MARITIME SECURITY PROGRAM (MSP)", "C", "Subpart C\u2014Maritime Security Program Operating Agreements", "", "\u00a7 295.20 General conditions.", "FMC", "", "", "", "(a)  Approval.  MARAD may approve applications to enter into a MSP Operating Agreement and make MSP Payments with respect to vessels that are determined to be necessary to maintain a United States presence in international commercial shipping or those that are deemed, after consultation with the Secretary of Defense, to be militarily useful for meeting the sealift needs of the United States in national emergencies.\n\n(b)  Effective date \u2014(1)  General Rule.  Unless otherwise provided in the contract, the effective date of a MSP Operating Agreement is the date when executed by the Contractor and MARAD.\n\n(2)  Exceptions.  In the case of an Eligible Vessel to be included in a MSP Operating Agreement that is subject to an ODS contract under subtitle A, title VI, of the act or on charter to the U.S. Government, other than a charter under the provisions of an Emergency Preparedness Program Agreement provided by section 653 of the act, unless an earlier date is requested by the applicant, the effective date for a MSP Operating Agreement shall be:\n\n(i) The expiration or termination date of the ODS contract or Government charter covering the vessel, respectively, or\n\n(ii) Any earlier date on which the vessel is withdrawn from that contract or charter.\n\n(c)  Replacement Vessels.  MARAD may approve the replacement of an Eligible Vessel in a MSP Operating Agreement provided the replacement vessel is eligible under \u00a7 295.10.\n\n(d)  Notice to shipbuilders.  The Contractor agrees that no later than 30 days after soliciting any offer or bid for the construction of any vessel in a foreign shipyard, and before entering into any contract for construction of a vessel in a foreign shipyard, the Contractor shall provide notice of its intent to enter into such a contract (for vessels being considered for U.S.-flag registry) to MARAD. Within 10 business days after the receipt of such notification, MARAD shall issue a notice in the  Federal Register  of the Contractor's intent. The Contractor is prohibited from entering into any such contract until 10 business days after the date of publication of such notice.\n\n(e)  Early termination.  A MSP Operating Agreement shall terminate on a date specified by the Contractor if the Contractor notifies MARAD not later than 60 days before the effective date of the proposed termination, that the Contractor intends to terminate the Agreement. The Contractor shall be bound by the provisions relating to vessel documentation and national security commitments to the extent and for the period contained in section 652(m) of the Act.\n\n(f)  Non-renewal for lack of funds.  If, by the first day of a fiscal year, insufficient funds have been appropriated under section 655 of the act for that fiscal year, MARAD shall notify the Congress that MSP Operating Agreements for which insufficient funds are available will be terminated on the 60th day of that fiscal year if sufficient funds are not appropriated or otherwise made available by that date. If only partial funding is appropriated by the 60th day of such fiscal year, then MSP Operating Agreements for which funds are not available shall be terminated using the pro rata distribution method used to award MSP Operating Agreements set forth in \u00a7 295.12(d). With respect to each terminated agreement the Contractor shall be released from any further obligation under the agreement, and the Contractor may transfer and register the applicable vessel under a foreign registry deemed acceptable by MARAD. In the event that no funds are appropriated, then all MSP Operating Agreements shall be terminated and each Contractor shall be released from its obligations under the agreement. Final payments under the terminated agreements shall be made in accordance with \u00a7 295.30. To the extent that funds are appropriated in a subsequent fiscal year, existing operating agreements may be renewed if mutually acceptable to the Administrator and the Contractor and the MSP vessel remains eligible.\n\n(g)  Operation under a Continuing Resolution.  In the event a Continuing Resolution (CR) is in place that does not provide sufficient appropriations to fully meet obligations under MSP Operating Agreements, a Contractor may request termination of the agreement in accordance with paragraph (f), herein, and \u00a7 295.30.\n\n(h)  Requisition authority.  To the extent section 902 of the act is applicable to any vessel transferred foreign under this section, the vessel shall remain available to be requisitioned by the Maritime Administration under that provision of law.\n\n(i)  Transfer of Operating Agreements.  A Contractor subject to an Agreement may transfer that Agreement (including all rights and obligations thereunder) to any person eligible to enter into an Agreement under the same priority established in section 652(i)(1)(A) of the act as the Contractor, provided that:\n\n(1) The Contractor gives notice of any such transfer to the Maritime Administrator by filing a completed application;\n\n(2) The transfer is not disapproved in writing by the Maritime Administrator within 90 days of the notification; and\n\n(3) the vessel to be covered by the Agreement after transfer is the same vessel originally covered by the Agreement or is an eligible vessel under section 651(b) of the act and is the same type, and comparable to, the vessel originally covered by the Agreement."], ["46:46:8.0.1.3.18.3.3.2", 46, "Shipping", "II", "C", "295", "PART 295\u2014MARITIME SECURITY PROGRAM (MSP)", "C", "Subpart C\u2014Maritime Security Program Operating Agreements", "", "\u00a7 295.21 MSP assistance conditions.", "FMC", "", "", "", "(a)  Term of MSP Operating Agreement.  MSP Operating Agreements shall be effective for a period of not more than one fiscal year, and unless otherwise specified in the Agreement, shall be renewable, subject to the availability of appropriations or amounts otherwise made available, for each subsequent fiscal year through the end of FY 2005. In the event appropriations are enacted after October 1 with respect to any subsequent fiscal year, October 1 shall be considered the effective date of the renewed agreement, provided sufficient funds are made available and subject to the Contractor's rights for early termination pursuant to section 652(m) of the act.\n\n(b)  Terms under a Continuing Resolution (CR).  In the event funds are available under a CR, the terms and conditions of the MSP Operating Agreements shall be in force provided sufficient funds are available to fully meet obligations under MSP Operating Agreements, and only for the period stipulated in the applicable CR. If funds are not appropriated at sufficient levels for any portion of a fiscal year, the terms and conditions of any applicable MSP Operating Agreement may be voided and the Contractor may request termination of the MSP Operating Agreement in accordance with \u00a7 295.20(f).\n\n(c)  National security requirements.  Each MSP Operating Agreement shall require the owner or operator of an Eligible Vessel included in that agreement to enter into an Emergency Preparedness Program Agreement pursuant to section 653 of the act.\n\n(d)  Vessel operating requirements.  The MSP Operating Agreement shall require that during the period an Eligible Vessel is included in that Agreement, the Eligible Vessel shall:\n\n(1)  Documentation.  Be documented as a U.S.-flag vessel under 46 U.S.C. chapter 121; and\n\n(2)  Operation.  Be operated exclusively in the U.S.-foreign trade or in mixed foreign and domestic trade allowed under a registry endorsement issued under 46 U.S.C. 12105, and shall not otherwise be operated in the coastwise trade of the United States.\n\n(e)  Limitations.  Limitations on Contractors with respect to the operation of foreign-flag vessels shall be in accordance with section 804 of the act, as amended. The operation of vessels, other than Agreement Vessels, in the noncontiguous trades shall be limited in accordance with service levels and conditions permitted in section 656 of the act.\n\n(f)  Non-Contiguous Domestic Trade.  [Reserved]\n\n(g)  Obligation of the U.S. Government.  The amounts payable as MSP Payments under a MSP Operating Agreement shall constitute a contractual obligation of the United States Government to the extent of available appropriations."], ["46:46:8.0.1.3.18.3.3.3", 46, "Shipping", "II", "C", "295", "PART 295\u2014MARITIME SECURITY PROGRAM (MSP)", "C", "Subpart C\u2014Maritime Security Program Operating Agreements", "", "\u00a7 295.22 Commencement and termination of operations.", "FMC", "", "", "", "(a)  Time frames.  A Contractor that has been awarded a MSP Operating Agreement shall commence operations of the Eligible Vessel, under the applicable agreement or a subsequently renewed agreement, within the time frame specified as follows:\n\n(1)  Existing vessel.  Within one year after the initial effective date of the MSP Operating Agreement in the case of a vessel in existence on that date and after notification to MARAD within 30 days of the Contractor's intent; or\n\n(2)  New building.  Within 30 months after the initial effective date of the MSP Operating Agreement in the case of a vessel to be constructed after that date.\n\n(b)  Unused authority.  In the event of a termination of unused authority pursuant to paragraph (a) of this section, such authority shall revert to MARAD."], ["46:46:8.0.1.3.18.3.3.4", 46, "Shipping", "II", "C", "295", "PART 295\u2014MARITIME SECURITY PROGRAM (MSP)", "C", "Subpart C\u2014Maritime Security Program Operating Agreements", "", "\u00a7 295.23 Reporting requirements.", "FMC", "", "", "[62 FR 37737, July 15, 1997, as amended at 68 FR 62538, Nov. 5, 2003; 69 FR 61451, Oct. 19, 2004]", "The Contractor shall submit to the Director, Office of Financial and Rate Approvals, Maritime Administration, 400 Seventh St., SW., Washington, DC 20590, one of the following reports, including management footnotes where necessary to make a fair financial presentation [Note: MARAD will accept electronic options (such as facsimile and Internet) for transmission of required information to MARAD, if practicable.]:\n\n(a)  Form MA-172.  Not later than 120 days after the close of the Contractor's semiannual accounting period, a Form MA-172 on a semiannual basis, in accordance with 46 CFR 232.6; or\n\n(b)  Financial Statement.  Not later than 120 days after the close of the Contractor's annual accounting period, an audited annual financial statement in accordance with 46 CFR 232.6 and the most recent vessel operating cost data submitted as part of its Emergency Preparedness Agreement."], ["46:46:8.0.1.3.18.4.3.1", 46, "Shipping", "II", "C", "295", "PART 295\u2014MARITIME SECURITY PROGRAM (MSP)", "D", "Subpart D\u2014Payment and Billing Procedures", "", "\u00a7 295.30 Payment.", "FMC", "", "", "", "(a)  Amount payable.  A MSP Operating Agreement shall provide, subject to the availability of appropriations and to the extent the agreement is in effect, for each Agreement Vessel, an annual payment of $2,100,000 for each fiscal year. This amount shall be paid in equal monthly installments at the end of each month. The annual amount payable shall not be reduced except as provided in paragraph (b) of this section and \u00a7 295.31(a)(3).\n\n(b)  Reductions in amount payable.  (1) The annual amount otherwise payable under a MSP Operating Agreement shall be reduced on a pro rata basis for each day less than 320 in a fiscal year that an Agreement Vessel is not operated exclusively in the U.S.-foreign trade or in mixed foreign and domestic trade allowed under a registry endorsement issued under 46 U.S.C. 12105. Days during which the vessel is drydocked or undergoing survey, inspection, or repair shall be considered to be days during which the vessel is operated, provided the total of such days within a fiscal year does not exceed 30 days, unless prior to the expiration of a vessel's 30 day period, approval is obtained from MARAD for an extension of the 30 day provision.\n\n(2) There shall be no payment for any day that a MSP Agreement Vessel is engaged in transporting more than 7,500 tons (using the U.S. English standard of short tons, which converts to 6,696.75 long tons, or 6,803.85 metric tons) of civilian bulk preference cargoes pursuant to section 901(a), 901(b), or 901b of the act, provided that it is bulk cargo."], ["46:46:8.0.1.3.18.4.3.2", 46, "Shipping", "II", "C", "295", "PART 295\u2014MARITIME SECURITY PROGRAM (MSP)", "D", "Subpart D\u2014Payment and Billing Procedures", "", "\u00a7 295.31 Criteria for payment", "FMC", "", "", "", "(a)  Submission of voucher.  For contractors operating under more than one MSP Operating Agreement, the contractor may submit a single monthly voucher applicable to all its agreements. Each voucher submission shall include a certification that the vessel(s) for which payment is requested were operated in accordance with \u00a7 295.21(d) and applicable MSP Operating Agreements with MARAD, and consideration shall be given to reductions in amounts payable as set forth in \u00a7 295.30. All submissions shall be forwarded to the Director, Office of Accounting, MAR-330 Room 7325, Maritime Administration, 400 Seventh Street, SW., Washington, DC 20590. Payments shall be paid and processed under the terms and conditions of the Prompt Payment Act, 31 U.S.C. 3901.\n\n(1) Payments shall be made per vessel, in equal monthly installments, of $175,000.\n\n(2) To the extent that reductions under \u00a7 295.30(b) are known, such reductions shall be applied at the time of the current billing. The daily reduction amounts shall be based on the annual amounts in 295.30(a) of this part divided by 365 days (366 days in leap years) and rounded to the nearest cent. Daily reduction amounts shall be applied as follows:\n\nFY 1997\u2014$5,753.42\n \n FY 1998\u2014$5,753.42\n \n FY 1999\u2014$5,753.42\n \n FY 2000\u2014$5,737.70\n \n FY 2001\u2014$5,753.42\n \n FY 2002\u2014$5,753.42\n \n FY 2003\u2014$5,753.42\n \n FY 2004\u2014$5,737.70\n \n FY 2005\u2014$5,753.42\n\nFY 1997\u2014$5,753.42\n\nFY 1998\u2014$5,753.42\n\nFY 1999\u2014$5,753.42\n\nFY 2000\u2014$5,737.70\n\nFY 2001\u2014$5,753.42\n\nFY 2002\u2014$5,753.42\n\nFY 2003\u2014$5,753.42\n\nFY 2004\u2014$5,737.70\n\nFY 2005\u2014$5,753.42\n\n(3) In the event a monthly payment is for a period less than a complete month, that month's payment shall be calculated by multiplying the appropriate daily rate in \u00a7 295.31(a)(2) by the actual number of days the Eligible Vessel operated in accordance with \u00a7 295.21.\n\n(4) MARAD may require, for good cause, that a portion of the funds payable under this section be withheld if the provisions of \u00a7 295.21(d) have not been met.\n\n(5) Amounts owed to MARAD for reductions applicable to a prior billing period shall be electronically transferred using MARAD's prescribed format, or a check may be forwarded to the Maritime Administration, P.O. Box 845133, Dallas, Texas 75284-5133, or the amount owed can be credited to MARAD by offsetting amounts payable in future billing periods.\n\n(b) [Reserved]"], ["46:46:8.0.1.3.18.5.3.1", 46, "Shipping", "II", "C", "295", "PART 295\u2014MARITIME SECURITY PROGRAM (MSP)", "E", "Subpart E\u2014Appeals Procedures", "", "\u00a7 295.40 Administrative determinations.", "FMC", "", "", "", "(a)  Policy.  A Contractor who disagrees with the findings, interpretations or decisions of the Contracting Officer with respect to the administration of this part may submit an appeal to the Maritime Administrator. Such appeals shall be made in writing to the Maritime Administrator, within 60 days following the date of the document notifying the Contractor of the administrative determination of the Contracting Officer. Such an appeal should be addressed to the Maritime Administrator, Att.: MSP Contract Appeals, Maritime Administration, 400 Seventh St., S.W. Washington, D.C. 20590.\n\n(b)  Process.  The Maritime Administrator may require the person making the request to furnish additional information, or proof of factual allegations, and may order any proceeding appropriate in the circumstances. The decision of the Maritime Administrator shall be final."], ["7:7:4.1.1.4.35.0.1.1", 7, "Agriculture", "II", "D", "295", "PART 295\u2014AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC", "", "", "", "\u00a7 295.1 General statement.", "FNS", "", "", "", "This part is issued in accordance with the regulations of the Secretary of Agriculture at 7 CFR 1.1-1.23, and appendix A, implementing the Freedom of Information Act (5 U.S.C. 552). The Secretary's regulations, as implemented by the regulations in this part, govern the availability of records of FNS to the public."], ["7:7:4.1.1.4.35.0.1.2", 7, "Agriculture", "II", "D", "295", "PART 295\u2014AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC", "", "", "", "\u00a7 295.2 Organizational description.", "FNS", "", "", "", "The description of the central and field organization of FNS is published as a notice in the  Federal Register  and may be revised from time to time in like manner. Such description contains a listing of FNS headquarters and field organizational units and their functions."], ["7:7:4.1.1.4.35.0.1.3", 7, "Agriculture", "II", "D", "295", "PART 295\u2014AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC", "", "", "", "\u00a7 295.3 Informational and educational publications.", "FNS", "", "", "", "FNS publishes a wide variety of informational and educational periodicals, pamphlets, brochures, leaflets, guides, and educational aids explaining the operation of FNS food assistance programs. For more information concerning FNS publications and how to obtain them, write the Director, Public Information Staff, Food and Nutrition Service, USDA, 3101 Park Center Drive, Alexandria, VA 22302-1500."], ["7:7:4.1.1.4.35.0.1.4", 7, "Agriculture", "II", "D", "295", "PART 295\u2014AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC", "", "", "", "\u00a7 295.4 Program evaluation status reports.", "FNS", "", "", "", "FNS also publishes summaries of objectives and findings of completed studies and projects concerning evaluation of FNS food assistance programs. A copy of the current status report on completed studies may be obtained by writing the Director, Office of Analysis and Evaluation, Food and Nutrition Service, USDA, 3101 Park Center Drive, Alexandria, VA 22302-1500."], ["7:7:4.1.1.4.35.0.1.5", 7, "Agriculture", "II", "D", "295", "PART 295\u2014AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC", "", "", "", "\u00a7 295.5 Program statistical reports.", "FNS", "", "", "", "Current and historical information on FNS food assistance program size, monetary outlays, geographic distribution, racial and ethnic participation rates, and other data is published throughout the year. Limited supplies are available for public distribution upon request. Write the Director, Program Information Division, Food and Nutrition Service, USDA, 3101 Park Center Drive, Alexandria, VA 22302-1500."], ["7:7:4.1.1.4.35.0.1.6", 7, "Agriculture", "II", "D", "295", "PART 295\u2014AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC", "", "", "", "\u00a7 295.6 Public inspection and copying.", "FNS", "", "", "", "5 U.S.C. 552(a)(2) requires that certain informational materials be made available for public inspection and copying. Such materials maintained by FNS may be inspected and copied during regular office hours (currently 8:30 a.m. to 5 p.m.). Interested parties may submit requests to the FNS Records Management Officer, Information Technology Division, 3101 Park Center Drive, Alexandria, VA 22302-1500."], ["7:7:4.1.1.4.35.0.1.7", 7, "Agriculture", "II", "D", "295", "PART 295\u2014AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC", "", "", "", "\u00a7 295.7 Indexes.", "FNS", "", "", "", "5 U.S.C. 552(a)(2) also requires an index of the materials required to be made available for public inspection and copying be published quarterly. Copies of this Index for FNS materials will be maintained for public inspection and copying during regular office hours in FNS Library, Room 810, 3101 Park Center Drive, Alexandria, Va. 22302-1500. Free copies of the current index may be obtained by writing or visiting any of the FNS offices listed in the local telephone directory or those listed below:\n\n(a) Records Management Officer, Information Technology Division, Food and Nutrition Service, USDA, 3101 Park Center Drive, Alexandria, Va. 22302-1500.\n\n(b) Director, Financial Management, Food and Nutrition Service, USDA, 300 Corporate Blvd., Mercer Corporate Park, Robbinsville, NJ 08691-1518.\n\n(c) Director, Financial Management, Food and Nutrition Service, USDA, 77 Forsyth Street, SW, Atlanta, GA 30303-3427.\n\n(d) Director, Financial and Administrative Management, Food and Nutrition Service, USDA, 77 W. Jackson Blvd., Chicago, Illinois 60604-3507.\n\n(e) Director, Financial Management, Food and Nutrition Service, USDA, 1100 Commerce St., Dallas, Texas 75242-9980.\n\n(f) Director, Financial Management, Food and Nutrition Service, USDA, 550 Kearney St., San Francisco, CA 94108-2518.\n\n(g) Director, Financial Management, Food and Nutrition Service, USDA, 10 Causeway Street, Boston, MA 02222-1069.\n\n(h) Director, Financial and Administrative Management, Food and Nutrition Service, USDA, 1244 Speer Blvd., Denver, CO 80204-3581."], ["7:7:4.1.1.4.35.0.1.8", 7, "Agriculture", "II", "D", "295", "PART 295\u2014AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC", "", "", "", "\u00a7 295.8 Requests.", "FNS", "", "", "", "(a) Requests for FNS program records under 5 U.S.C. 552(a)(3) shall be made in accordance with USDA Administrative Regulations 7 CFR 1.6 and addressed to the appropriate FNS official listed below:\n\n(1) Food Stamp program records\u2014Requests for Food Stamp information should be addressed to the Director of the appropriate Division (Program Development Division, Benefit Redemption Division, or Program Accountability Division) at the following address: Food and Nutrition Service, USDA, 3101 Park Center Drive, Alexandria, VA, 22302-1500.\n\n(2) Child Nutrition Program records\u2014Director, Child Nutrition Division, Food and Nutrition Service, USDA, 3101 Park Center Drive, Alexandria, VA 22302-1500.\n\n(3) Food Distribution Program records\u2014Director, Food Distribution Division, Food and Nutrition Service, USDA, 3101 Park Center Drive, Alexandria, VA 22302-1500.\n\n(4) Supplemental Food Program records\u2014Director, Supplemental Food Programs Division, Food and Nutrition Service, USDA, 3101 Park Center Drive, Alexandria, VA 22302-1500.\n\n(b) If the requester is unable to determine the official to whom his request should be addressed, he should address it to: Freedom of Information Act Officer, Information Technology Division, 3101 Park Center Drive, Alexandria, VA 22302. The Freedom of Information Act Officer will refer such requests to the appropriate official.\n\n(c) The officials outlined in paragraph (a) are authorized to make determinations in accordance with USDA Administrative Regulations at 7 CFR 1.8."], ["7:7:4.1.1.4.35.0.1.9", 7, "Agriculture", "II", "D", "295", "PART 295\u2014AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC", "", "", "", "\u00a7 295.9 Appeals.", "FNS", "", "", "", "(a) Any person whose request for records is denied shall have the right to appeal that denial in accordance with USDA Administrative Regulations 7 CFR 1.13. All appeals shall be addressed to: Administrator, Food and Nutrition Service, USDA, 3101 Park Center Drive, Alexandria, VA 22302-1500.\n\n(b) The following officials are delegated authority to make decisions on Freedom of Information Act appeals at the address above:\n\n(1) Food Stamp program (general)\u2014Deputy Administrator, Food Stamp Program;\n\n(2) Food Stamp program (appeals on names of Food Stamp Investigators and Investigative aids)\u2014Director, Benefit Redemption Division;\n\n(3) Child Nutrition program\u2014Deputy Administrator, Special Nutrition Programs;\n\n(4) Food Distribution program\u2014Deputy Administrator, Special Nutrition Programs;\n\n(5) Supplemental Food program\u2014Deputy Administrator, Special Nutrition Programs;\n\n(6) Management offices\u2014Deputy Administrator, Management;\n\n(7) Financial Management offices\u2014Deputy Administrator, Financial Management;\n\n(8) Appeals not covered above\u2014Associate Administrator, FNS."]], "truncated": false, 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