Page:United States Statutes at Large Volume 114 Part 1.djvu/624

 114 STAT. 588 PUBLIC LAW 106-246^JULY 13, 2000 subparagraph (A) through brochures, pamphlets, radio, television, and other media that the Director determines are likely to reach prospective claimants. (g) CONSULTATION.—In administering this title, the Director shall consult with the Secretary of the Interior, the Secretary of Energy, the Secretary of Agriculture, the Administrator of the Small Business Administration, other Federal agencies, and State, local, and tribal authorities, as determined to be necessary by the Director to— (1) ensure the efficient administration of the claims process; and (2) provide for local concerns, (h) ELECTION OF REMEDY.— (1) IN GENERAL. —An injured person may elect to seek compensation from the United States for one or more injuries resulting from the Cerro Grande fire by— (A) submitting a claim under this title; (B) filing a claim or bringing a civil action under chapter 171 of title 28, United States Code; or (C) bringing an authorized civil action under any other provision of law. (2) EFFECT OF ELECTION. —An election by an injured person to seek compensation in any manner described in paragraph (1) shall be final and conclusive on the claimant with respect to all injuries resulting from the Cerro Grande fire that are suffered by the claimant. (3) ARBITRATION.— Deadline. (A) IN GENERAL. —Not later than 45 days after the Regulations. date of the enactment of this Act, the Director shall establish by regulation procedures under which a dispute regarding a claim submitted under this title may be settled by arbitration. (B) ARBITRATION AS REMEDY.— On establishment of arbitration procedures under subparagraph (A), an injured person that submits a disputed claim under this title may elect to settle the claim through arbitration. (C) BINDING EFFECT. — An election by an injured person to settle a claim through arbitration under this paragraph shall— (i) be binding; and (ii) preclude any exercise by the injured person of the right to judicial review of a claim described in subsection (i). (4) No EFFECT ON ENTITLEMENTS.— Nothing in this title affects any right of a claimant to file a claim for benefits under any Federal entitlement program. (i) JUDICIAL REVIEW. — (1) IN GENERAL.— Any claimant aggrieved by a final decision of the Director under this title may, not later than 60 days after the date on which the decision is issued, bring a civil action in the United States District Court for the District of New Mexico, to modify or set aside the decision, in whole or in part. (2) RECORD.— The court shall hear a civil action under paragraph (1) on the record made before the Director. (3) STANDARD. —The decision of the Director incorporating the findings of the Director shall be upheld if the decision

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