Page:United States Statutes at Large Volume 114 Part 1.djvu/622

 114 STAT. 586 PUBLIC LAW 106-246—JULY 13, 2000 ) (ii) GOVERNMENT LOANS. —This subparagraph shall not apply to the receipt by a claimant of any Government loan that is required to be repaid by the claimant. (2) PARTIAL PAYMENT.— (A) IN GENERAL. —At the request of a claimant, the Director may make one or more advance or partial pay- ments before the final settlement of a claim, including final settlement on any portion or aspect of a claim that is determined to be severable. (B) JUDICIAL DECISION. —If a claimant receives a partial payment on a claim under this title, but further payment on the claim is subsequently denied by the Director, the claimant may— (i) seek judicial review under subsection (i); and (ii) keep any partial payment that the claimant received, unless the Director determines that the claimant— (I) was not eligible to receive the compensation; or (II) fraudulently procured the compensation. (3) RIGHTS OF INSURER OR OTHER THIRD PARTY. —I f an insurer or other third party pays any amount to a claimant to compensate for an injury described in subsection (a), the insurer or other third party shall be subrogated to any right that the claimant has to receive any payment under this title or any other law. (4) ALLOWABLE DAMAGES. — (A) Loss OF PROPERTY. — ^A claim that is paid for loss of property under this title may include otherwise uncompensated damages resulting from the Cerro Grande fire for— (i) an uninsured or underinsured property loss; (ii) a decrease in the value of real property; (iii) damage to physical infrastructure; (iv) a cost resulting from lost tribal subsistence from hunting, fishing, firewood gathering, timbering, grazing, or agricultural activities conducted on land damaged by the Cerro Grande fire; (v) a cost of reforestation or revegetation on tribal or non-Federal land, to the extent that the cost of reforestation or revegetation is not covered by any other Federal program; and (vi) any other loss that the Director determines to be appropriate for inclusion as loss of property. (B) BUSINESS LOSS. —^A claim that is paid for injury under this title may include damages resulting from the Cerro Grande fire for the following types of otherwise uncompensated business loss: (i) Damage to tangible assets or inventory, (ii) Business interruption losses, (iii) Overhead costs. (iv) Employee wages for work not performed. (v) Any other loss that the Director determines to be appropriate for inclusion as business loss. (C) FINANCIAL LOSS. — ^A claim that is paid for injury under this title may include damages resulting from the

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