(a) The policy of the Department shall be to provide for the expeditious resolution of meritorious claims under the provisions of the Annual Public Works Appropriation Act of 1976, Pub. L. 94-180, 89 Stat. 1035, the Act of July 12, 1976, 90 Stat. 889, and the Teton Dam Disaster Assistance Act of 1976, Pub. L. 94-400, 90 Stat. 1211.

(b) If a claim for damages has been paid in whole or in part under any policy of insurance or from any other source whether public or private, for which there is no obligation to repay, the authorized officer shall deduct such payment(s) from any amount determined to be payable under these regulations. If a claim for damages is payable in whole or in part under any policy of insurance, no payment shall be made on the claim until the claimant has provided written proof that the insurer has denied the claim, and the claimant assigns to the United States, his rights thereto under the policy.

(c) Neither the promulgation of these regulations, nor payment of any claim under them in whole or in part shall constitute any admission of liability by the United States. No provision of these regulations shall be construed as providing or creating a right of action against the United States, its agents or employees, nor shall these regulations be construed as waiving or extending any applicable statute of limitations or any other requirement prerequisite to any such right of action.

§ 419.0-3 Scope of regulations.

These regulations shall apply only to payments requested from the United States under the Annual Public Works Appropriation Act of

1976, Pub. L. 94-180, 89 Stat. 1035, the Act of July 12, 1976, 90 Stat. 889 and the Teton Dam Disaster Assistance Act of 1976, Pub. L. 94-400, 90 Stat. 1211. These regulations do not apply to claims asserted against the United States solely under the Annual Public Works Appropriation Act of 1976, Pub. L. 94-180, 89 Stat. 1035, and the Act of June 17, 1902, 32 Stat. 390 as amended. § 419.0-4 Authority.

(a) The Annual Public Works Appropriation Act of 1976, Pub. L. 94-180, 89 Stat. 1035.

(b) The Act of July 12, 1976, 90 Stat. 889.

(c) The Act of June 17, 1902, 32 Stat. 390 as amended.

(d) The Teton Dam Disaster Assistance Act of 1976, Pub. L. 94-400, 90 Stat. 1211.

(a) "Actual pecuniary loss" means those monetary losses proximately caused by the failure of the Teton Dam on June 5, 1976, including medical, dental, hospital, burial and funeral expenses, lost wages and expected loss of income. Actual damages shall not include bodily pain, suffering, worry, physical disfigurement, mental distress, grief, anguish, consortium, protection, personal services, comfort, society, companionship, welfare, support, happiness, bodily care, intellectual training, moral training, advice or guidance.

(b) "Administrative claim" means any request for payment made under these regulations, the Annual Public Works Appropriation Act of 1976, Pub. L. 94-180, 89 Stat. 1035, the Act of July 12, 1976, 90 Stat. 889, or the Teton Dam Disaster Assistance Act of 1976, Pub. L. 94-400, 90 Stat. 1211.

(c) "Assistance from other means" means any monetary assistance or grant that the claimant is under no obligation to repay and which has been received from any other Federal, State or local government program(s), under any policy of insurance, from any voluntary or charitable organization(s), or from any sources other than those of the claimant.

(d) "Authorized officer" means an officer of the Department authorized by the Secretary to determine claims under the regulations in this part.

(e) "Bureau" means the Bureau of Reclamation.

(f) "Claimant" means any person (including the decedent in the case of death), Indian, Indian tribe, corporation, partnership, company, association, county, township or other nonFederal entity or its legal representative who suffered actual damage(s) to or loss of property, income, personal injury, or death directly resulting from the failure of Teton Dam on June 5, 1976, and who requests payment under these regulations. No insurer with either whole or partial rights of a subrogee or any person who is an assignee of another may be a claimant under these regulations.

(g) "Claims officer" means any person authorized by the Commissioner, Bureau of Reclamation to investigate and verify claims for damage, injury or loss.

(h) "Department" means the Department of the Interior.

(i) "Federal agency" means any department, independent establishment, Government corporation, or other agency of the executive branch of the Federal Government, but shall not include the American National Red Cross.

(j) "Federal financial assistance" means Federal monetary compensation for losses from the failure of Teton Dam which the claimant is not obligated to repay.

(k) "Final agency action" means determination of entitlement to payment and the amount thereof, under these regulations, as made by the Office of Hearings and Appeals of the Department.

(1) "Incident" means the failure on June 5, 1976, of the Teton Dam of the Lower Teton Division of the Teton Basin Federal Reclamation Project.

(m) "Insurance" means a contract under which one party has agreed to compensate the other for loss of or damage to property, for personal injury, or for loss of income. For the purposes of these regulations, insurance shall not include life insurance or pension benefits.

(n) "Legal representative" means any person authorized under the laws of the State of Idaho to assert the claim of another individual, including but not limited to a duly authorized agent, the executor or administrator of the claimant's estate, a minor's parent or guardian, or the claimant's attorney. No insurer with either whole or partial rights of a subrogee may be a legal representative under these regulations.

(o) "Major disaster area" means the Idaho counties of Bingham, Bonneville, Fremont, Jefferson, and Madison, designated by the Administrator, Federal Disaster Assistance Administration, on June 6, 1976, or such other areas as may be later designated by the Administrator under the President's declaration of June 6, 1976. In addition, that portion of the Fort Hall Indian Reservation lying in Bannock County, westward from U.S. Highway 191 to the Snake River and the American Falls Reservoir and that portion of Power County serviced by the Aberdeen-Springfield Canal Company are included in the major disaster area, for the purpose of these regulations.

(p) "Secretary" means the Secretary of the Interior.

(q) "Treasury" means the Treasury of the United States.

[41 FR 42201, Sept. 27, 1976, as amended at 42 FR 3307, Jan. 18, 1977]

§ 419.1 Appropriation Act claims.

§ 419.1-0 When presented.

(a) Filing. An administrative claim shall be deemed to have been presented when the Idaho Falls or Rexburg offices, or such other offices as the Bureau may designate, receive from a claimant an executed form to be prescribed by the Secretary or other written notification of such claim, accompanied by a request for a specific amount of money damages for injury to or loss of property, for personal injury, or for death alleged to have occured as a result of the incident.

(b) Single claim. All claims for actual damages to or loss of property, income, personal injury or death, by a single claimant shall be submitted by the claimant as and in a single claim,

except as otherwise provided in this section, and each claim shall designate clearly that it is being submitted under the provisions of the Public Works Appropriation Act of 1976, Pub. L. 94-180, 89 Stat. 1035, the Act of July 12, 1976, 90 Stat. 889 or the Teton Dam Disaster Assistance Act of 1976, Pub. L. 94-400, 90 Stat. 1211. An additional claim may be submitted by the claimant if the claimant had not discovered and by the exercise of reasonable diligence could not have discovered the damage to or loss of property, income or personal injury prior to determination of the claimant's single original claim by the authorized offi

cer.

(c) Amendment. A claim presented in compliance with paragraph (a) of this section may be amended by the claimant at any time prior to determination by the authorized officer. Amendments shall be designated as such and submitted in writing and signed by the claimant or his legal representative.

[41 FR 42201, Sept. 27, 1976, as amended by 43 FR 11821, Mar. 22, 1978]

§ 419.1-1 Eligibility.

(a) In order to qualify for payment under these regulations the claimant must certify at the time of submitting his claim, that:

(1) The loss or injury being claimed has not been compensated for by any assistance from other means.

(2) Should the claimant subsequently receive assistance from other means the claimant will refund or repay to the Treasury any payments made under these regulations, to the extent they are duplicated by such subsequent assistance from other means.

(3) The damage, injury, or loss for which a claim is made occurred within the major disaster area as a direct result of the incident.

(4) Upon payment of claims under the provisions of these regulations, with the exception of payment of emergency claims under § 419.3 or partial payments under § 419.4, the claimant shall release the United States, its agents and employees from all possible liability arising from the incident. (See § 419.7.)

(b) All certifications made by a claimant under paragraph (a) of this

section are made subject to civil and criminal penalties for presenting fraudulent claims or making false statements. (See 18 U.S.C. 287, 1001 and 31 U.S.C. 231).

§ 419.1-2 Who may file.

(a) A claim for injury to or loss of property, or loss of income resulting therefrom, must be presented by the owner of the property at the time of the incident or his legal representative.

(b) A claim for personal injury or loss of income resulting therefrom must be presented by the injured person or his legal representative.

(c) A claim based on death or loss of income resulting therefrom must be presented by the executor or administrator of the decedent's estate, or by any other person legally entitled to assert such a claim in accordance with the laws of the State of Idaho. For the purposes of filing a claim under these regulations, any person missing as a result of the incident who is still missing and unaccounted for by June 5, 1977, shall be presumed dead.

(d) A claim presented by a legal representative shall be presented in the name of the claimant, be signed by the legal representative, show the title or legal capacity of the legal representative, and be accompanied by evidence of his authority to present a claim on behalf of the claimant as agent, executor, administrator, parent, guardian, or other representative.

§ 419.1-3 Evidence and information to be

submitted.

(a) General. Recognizing that all or part of the evidence and information needed to verify claims may have been lost as a result of the incident, the claimant may be required to submit the following evidence or information in support of all claims:

(1) A detailed statement of all relevant insurance policies and applications therefor, owned by or for the benefit of the claimant, and copies of the policies and applications.

(2) A detailed statement of other evidence of all entitlement to or assistance from other means, anticipated or received.

(b) Death. In support of a claim based on death, the claimant may be required to submit the following evidence or information:

(1) An authenticated death certificate or other competent evidence showing cause of death, evidence of the circumstances surrounding the death, date of death, and age of the decedent.

(2) Decedent's employment or occupation at time of death, including his monthly or yearly salary or earnings (if any), and the duration of his last employment or occupation.

(3) Full names, addresses, birth dates, kinship, and marital status of the decedent's survivors, including identification of those survivors who were dependent for support upon the decedent at the time of his death.

(4) Degree of support afforded by the decedent to each survivor dependent upon him for support at the time of his death.

(5) Decedent's general physical and mental condition before death.

(6) Itemized bills for medical and burial expenses incurred by reason of the incident causing death, or itemized receipts of payment for such expenses.

(7) Any other evidence or information which may have a bearing on either the death or the damages claimed, or the proximate cause of either.

(c) Personal injury. In support of a claim for personal injury the claimant may be required to submit the following evidence or information:

(1) A written report (or medical release therefor) signed by his attending physician or other competent medical authority setting forth the nature and extent of the injury, nature and extent of treatment, any degree of temporary or permanent disability, the medical prognosis, period of hospitalization, and any diminished earning capacity.

(2) Any other medical reports at any time previously or thereafter made of the physical or mental condition which is the subject matter of his claim (or medical releases therefor).

(3) Itemized bills for medical, dental and hospital expenses incurred, or itemized receipts of payment for such expenses.

(4) If the prognosis reveals the necessity for future treatment, a statement of expected expenses for such treatment signed by a physician or other competent medical authority.

(5) If a claim is made for loss of time from employment, a written statement from his employer showing actual time lost from employment, whether he is a full or part-time employee, and wages or salary actually lost.

(6) Any other evidence or information which may have a bearing on either the personal injury or the damages claimed or the proximate cause of either.

(7) In addition, the claimant may be required to submit to an examination by a physician or other competent medical authority employed or designated by the Department or another Federal agency.

(d) Property damage. In support of a claim for damages to or loss of property, real or personal, the claimant may be required to submit the following evidence or information:

(1) Proof of ownership at the time of the incident including a statement of any liens or other secured interests. (2) A detailed statement of the amount claimed with respect to each item of property.

(3) An itemized receipt of payment for necessary repairs or itemized written estimates of the cost of such repairs.

(4) A statement listing date of purchase, purchase price, depreciated value, if applicable, and salvage value, where repair is not economical.

(5) Any other evidence or information which may have a bearing on either the injury to or loss of property or the damages claimed or the proximate cause of any of them.

(e) Refusal to supply evidence. The refusal to supply the evidence or information requested under paragraphs (a)–(d) of this section, may result in the denial of the claim.

§ 419.2 Administrative review.

§ 419.2-0 Investigative report.

(a) Duties of the claims officer. (1) Investigation. A prompt investigation of the basis for each claim shall be made. The nature and extent of the

investigation shall depend upon the nature of the claim and the need for information and evidence. In all cases the claims officer shall insure that the investigation is conducted in a fair and impartial manner and to the extent possible that:

(i) Signed statements are obtained from available competent witnesses to facts pertinent to the claim.

(ii) Property damage is inspected.

(iii) Injured persons or their legal representatives are personally inter

viewed.

(iv) All bills or estimates necessary for full and fair consideration of the nature, extent and amount of injury, damage or loss are obtained.

(2) Report and recommendation. Claims officers shall:

(i) Prepare the investigative report. (ii) Submit the complete investigative report to the authorized officer together with a summary analysis thereof.

(3) Counseling. Claims officers shall also be responsible for furnishing claims forms and advise and assist claimants on the proper procedures for filing claims.

(b) Contents of the investigative report. The investigative report shall be in writing. In addition to the claims form and other information provided by the claimant, the investigative report shall contain all pertinent statements, exhibits and any other evidence taken or considered in the investigation.

§ 419.2-1 Administrative determination.

(a) Determination of claim. Upon receipt of the claims officer's investigative report, the authorized officer shall make a determination of the claim. If additional information is necessary to determine the claim, the authorized officer may request the claims officer to obtain such additional information. The authorized officer may either deny the claim, or pay the claim in full or in part. The determination shall be made as expeditiously as possible. If the claimant has received emergency payment under § 419.3 or partial payment under § 419.4, the authorized officer shall deduct such payments from final payment of the claim.

(b) Notice. Notice of the determination to each claim shall be in writing and shall be sent within the time specified in paragraph (a) of this section, to the claimant by certified or registered mail, return receipt requested, or by personal delivery. The notice shall state that if the claimant is dissatisfied he is entitled to request reconsideration of the authorized officer's determination under § 419.5.

(c) Motion for reconsideration. If the claimant is dissatisfied with the determination of the authorized officer, the claimant may file a motion for reconsideration of the claim by notifying the authorized officer within 60 days after the date of receipt of the determination. All motions for reconsideration must be in writing and state the basis for the motion and may be supported by other pertinent documents and papers. The authorized officer will notify the claimant within 20 days after receipt of the motion of his further determination.

§ 419.3 Emergency claim.

(a) The claims officer may in his discretion and upon request of the claimant refer any claim filed under these regulations or portion thereof, to the authorized officer prior to final completion of the investigative report if the claim or portion thereof is for an item or service essential to the claimant to prevent personal hardship or injury.

(b) The authorized officer may, under the authority of this section of these regulations, make payment to the claimant; however, such payment shall not exceed $10,000.

(c) Payment of emergency claims under this section shall be made in accordance with the provisions of § 419.6.

§ 419.4 Partial payment of claim.

(a) The claims officer may in his discretion and upon request of the claimant refer a portion of any claim filed under these regulations to the authorized officer upon completion of the investigation of such portion of the claim. Only logically severable portions of the claim, as determined by the claims officer, shall be referred to the authorized officer.