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Nearly 8,000 claims pending for Calf Canyon/Hermits Peak Fire funds

FEMA says office has distributed $3.51 billion; $1.5 billion remaining of funds appropriated by Congress

Smoke from the Calf Canyon/Hermits Peak Fire rises behind an old church in Llano, near Penasco, in May 2022.
Published

Nearly 8,000 people and businesses with pending Calf Canyon/Hermits Peak Fire damage claims are running out of time 鈥 even though Congress already appropriated the funds to pay them.

The Federal Emergency Management Agency, or FEMA, said last month it has so far distributed $3.51 billion from the $5.45 billion appropriated by Congress to compensate New Mexicans for the largest wildfire in the state鈥檚 history.

That leaves an available fund balance of nearly $1.5 billion to pay the remaining 7,974 pending claims sought by individuals and businesses under the Hermits Peak/Calf Canyon Fire Assistance Act, a FEMA official reported in federal court records.

The dwindling money available has created urgency for claimants still waiting for payment, said Antonia Roybal-Mack, an attorney representing dozens of claimants in multiple federal lawsuits.

Some of the claimants still waiting for payment include businesses and nonprofits, such as the 近距离内射合集 World College in Montezuma and Price鈥檚 Home Furnishings in Las Vegas, she said.

鈥淚 think the critical juncture we鈥檙e in right now is we have got to find a workable path forward to move the money into the claimants鈥 hands as quickly as possible,鈥 Roybal-Mack said.

The pending claims include some of the largest claimants, including at least 100 businesses, Roybal-Mack said.

Claimants鈥 attorneys are seeking an injunction in U.S. District Court in Albuquerque to expedite payments of remaining claims, she said. A mediation hearing is scheduled Tuesday before U.S. District Judge James O. Browning.

FEMA records show that 7,974 claims remained pending as of June 24, accounting for 22% of all claims filed. Of those, 1,212 claims totaling $1.04 billion were 鈥渋n review鈥 by the claims office.

Of the 24,392 payments made by FEMA, 23,379 payments totaling $2.64 billion had been paid to individuals or households. An additional $635 million has been paid to businesses.

The 2022 Calf Canyon/Hermits Peak Fire began with a prescribed burn and a separate pile burn, both set by the U.S. Forest Service. The two fires merged into the largest fire in state history, blackening 341,735 acres in northern New Mexico.

Congress quickly passed the Hermits Peak/Calf Canyon Fire Assistance Act and appropriated $3.95 billion for people affected by the fires, which was increased by $1.5 billion in November 2024, raising the total available to $5.45 billion.

Nancy Casper, acting interim director of the FEMA claims office in New Mexico, filed a declaration in federal court saying the fund contained an available balance of $1.497 billion to pay claims.

Casper said she filed the declaration to dispel 鈥減etitioners鈥 allegations that the Claims Office will run out of money in July 2026.鈥

The available figures suggest that FEMA鈥檚 administrative costs have consumed at least hundreds of millions of the funds appropriated by Congress. Roybal-Mack contends that the longer the claims process continues, the more funds will be spent on administrative costs.

Messages left for FEMA seeking comment were not immediately returned.

FEMA said in a June 24 statement that the agency has streamlined the claims process to prioritize individuals and families who were in the areas most affected by the fire.

鈥淔rom the start, FEMA has worked with urgency to ensure eligible survivors receive the assistance they need as quickly as possible,鈥 Casper said in the statement published on the FEMA website. 鈥淲orking closely with our state and local partners, we have streamlined processes, expanded access to claims services and remained focused on helping families recover and communities rebuild.鈥

Olivier Uyttebrouck covers the court system. You can reach him at olivier@abqjournal.com.