II 

118TH CONGRESS 

1ST SESSION S. 3032 

To amend the Hermit’s Peak/Calf Canyon Fire Assistance Act to authorize 

assistance for damage resulting from the Cerro Pelado Fire, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 4, 2023 

Mr. LUJA ́N (for himself and Mr. HEINRICH) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend the Hermit’s Peak/Calf Canyon Fire Assistance 

Act to authorize assistance for damage resulting from 

the Cerro Pelado Fire, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cerro Pelado Fire As5 sistance Act’’. 

6 SEC. 2. AMENDMENTS. 

7 The Hermit’s Peak/Calf Canyon Fire Assistance Act 

8 (Public Law 117–180; 136 Stat. 2168) is amended— 

9 (1) in section 102— 


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1 (A) in subsection (a)— 

2 (i) by redesignating paragraphs (8) 

3 through (10) as paragraphs (10) through 

4 (12), respectively; 

5 (ii) by inserting after paragraph (7) 

6 the following: 

7 ‘‘(8) on April 22, 2023, the Cerro Pelado Look8 out reported a wildland fire in Sandoval County, 

9 New Mexico, which became known as the Cerro 

10 Pelado Fire; 

11 ‘‘(9) the Cerro Pelado Fire caused evacuations 

12 in Sandoval County, New Mexico before being con13 tained on June 15, 2022;’’. 

14 (iii) in paragraph (10), as so redesig15 nated, by inserting ‘‘and the Cerro Pelado 

16 Fire’’ before the semicolon at the end; 

17 (iv) in paragraph (11), as so redesig18 nated, by striking ‘‘fire’’ and inserting 

19 ‘‘fires’’; and 

20 (v) in paragraph (12), as so redesig21 nated, by inserting ‘‘and the Cerro Pelado 

22 Fire’’ before the period at the end; and 

23 (B) in subsection (b)(1), by striking ‘‘, for 

24 injuries’’ and inserting ‘‘and the Cerro Pelado 

25 Fire for injuries’’; 


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1 (2) in section 103— 

2 (A) in paragraph (1)(B), by striking 

3 ‘‘104(a)(3)’’ and inserting ‘‘104(a)(4)’’; 

4 (B) by redesignating paragraphs (2) 

5 through (8) as paragraphs (3) through (9), re6 spectively; 

7 (C) by inserting after paragraph (1) the 

8 following: 

9 ‘‘(2) CERRO PELADO FIRE.—The term ‘Cerro 

10 Pelado Fire’ means the pile burn holdover resulting 

11 from the prescribed burn by the Forest Service, 

12 which reemerged on April 22, 2022.’’; 

13 (D) in paragraph (5)(B), as so redesig14 nated, by inserting ‘‘or the Cerro Pelado Fire’’ 

15 before the period at the end; 

16 (E) in paragraph (7), as so redesignated, 

17 by striking ‘‘104(a)(3)’’ and inserting 

18 ‘‘104(a)(4)’’; and 

19 (F) in paragraph (8), as so redesignated, 

20 by striking ‘‘104(a)(2)’’ and inserting 

21 ‘‘104(a)(2) or the Office of Cerro Pelado Fire 

22 Claims established under section 104(a)(3)’’; 

23 and 

24 (3) in section 104— 

25 (A) in subsection (a)— 


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1 (i) in paragraph (1), by inserting ‘‘or 

2 the Cerro Pelado Fire’’ before ‘‘, subject to 

3 the availability’’; 

4 (ii) by redesignating paragraphs (3) 

5 and (4) as paragraphs (4) and (5), respec6 tively; 

7 (iii) by inserting after paragraph (2) 

8 the following: 

9 ‘‘(3) OFFICE OF CERRO PELADO FIRE

10 CLAIMS.— 

11 ‘‘(A) IN GENERAL.—There is established 

12 within the Federal Emergency Management 

13 Agency an Office of Cerro Pelado Fire Claims. 

14 ‘‘(B) PURPOSE.—The Office shall receive, 

15 process, and pay claims in accordance with this 

16 Act. 

17 ‘‘(C) FUNDING.—The Office— 

18 ‘‘(i) shall be funded from funds made 

19 available to the Administrator for carrying 

20 out this section; and 

21 ‘‘(ii) may appoint and fix the com22 pensation of such temporary personnel as 

23 may be necessary, without regard to the 

24 provisions of title 5, United States Code, 


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1 governing appointments in competitive 

2 service; and 

3 ‘‘(iii) may reimburse other Federal 

4 agencies for claims processing support and 

5 assistance.’’; 

6 (iv) in paragraph (4)(A), as so redes7 ignated, by striking ‘‘the Office’’ and in8 serting ‘‘each Office’’; and 

9 (v) by adding at the end the following: 

10 ‘‘(6) TEMPORARY PERSONNEL.— 

11 ‘‘(A) IN GENERAL.—The Administrator 

12 may appoint temporary personnel, after serving 

13 continuously for 3 years to positions in the Fed14 eral Emergency Management Agency in the 

15 same manner that competitive service employees 

16 with competitive status are considered for 

17 transfer, reassignment, or promotion to such 

18 positions. 

19 ‘‘(B) CAREER-CONDITIONAL EMPLOYEE.— 

20 An individual appointed under subparagraph 

21 (A) shall become a career-conditional employee, 

22 unless the employee has already completed the 

23 service requirements for career tenure.’’; 

24 (B) in subsection (b), by striking ‘‘Not 

25 later than 2 years after the date on which reguVerDate Sep 11 2014 00:37 Oct 06, 2023 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3032.IS S3032

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1 lations are first promulgated under subsection 

2 (f)’’ and inserting ‘‘Not later than December 

3 31, 2027’’; and 

4 (C) in subsection (d)— 

5 (i) in paragraph (1)(B)(ii), by insert6 ing ‘‘or the Cerro Pelado Fire’’ before the 

7 semicolon at the end; and 

8 (ii) in paragraph (4)— 

9 (I) in subparagraph (A)— 

10 (aa) in the matter preceding 

11 clause (i), by inserting ‘‘or the 

12 Cerro Pelado Fire’’ after ‘‘Calf 

13 Canyon Fire’’; and 

14 (bb) in clause (iv), by insert15 ing ‘‘or the Cerro Pelado Fire’’ 

16 before the semicolon at the end; 

17 (II) in subparagraph (B), in the 

18 matter preceding clause (i), by insert19 ing ‘‘or the Cerro Pelado Fire’’ before 

20 ‘‘for the following types’’; and 

21 (III) in subparagraph (C)— 

22 (aa) in the matter preceding 

23 clause (i), by inserting ‘‘or the 

24 Cerro Pelado Fire’’ before ‘‘for 

25 the following types’’; 


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1 (bb) in clause (vii)— 

2 (AA) by inserting ‘‘or 

3 the Cerro Pelado Fire’’ be4 fore ‘‘to risk levels’’; 

5 (BB) by inserting ‘‘or 

6 the Cerro Pelado Fire’’ be7 fore ‘‘, that are incurred’’; 

8 and 

9 (CC) by striking ‘‘the 

10 date that is 3 years after the 

11 date on which the regula12 tions under subsection (f) 

13 are first promulgated’’ and 

14 inserting ‘‘December 31, 

15 2028’’; and 

16 (cc) in clause (viii)— 

17 (AA) by striking ‘‘May 

18 31, 2024’’ and inserting 

19 ‘‘December 31, 2028’’; 

20 (BB) by inserting ‘‘or 

21 the Cerro Pelado Fire’’ be22 fore ‘‘, a person that was 

23 not’’; and 

24 (CC) by inserting ‘‘or 

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1 fore ‘‘is required to pur2 chase’’; 

3 (D) in subsection (f), by adding at the end 

4 the following: 

5 ‘‘(3) REGULATIONS.—Upon the date of enact6 ment of the Cerro Pelado Fire Assistance Act, with7 out regard to chapter 5 of title 5, United States 

8 Code, the Administrator shall immediately amend 

9 the regulations promulgated and published under 

10 paragraph (1) to include regulations for the proc11 essing and payment of claims relating to the Cerro 

12 Pelado Fire.’’; 

13 (E) in subsection (h)— 

14 (i) in paragraph (1), in the matter 

15 preceding subparagraph (A), by inserting 

16 ‘‘or the Cerro Pelado Fire’’ before ‘‘by’’; 

17 and 

18 (ii) in paragraph (2), by inserting ‘‘or 

19 the Cerro Pelado Fire’’ before ‘‘that are 

20 suffered by the claimant’’; 

21 (F) in subsection (k)— 

22 (i) in paragraph (1)(A)— 

23 (I) by inserting ‘‘or the Cerro 

24 Pelado Fire’’ before ‘‘under any Fed25 eral program’’; and 


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1 (II) by inserting ‘‘or the Cerro 

2 Pelado Fire’’ before ‘‘shall not be sub3 ject to’’; 

4 (ii) in paragraph (2), by inserting ‘‘or 

5 the Cerro Pelado Fire’’ before ‘‘, the Fed6 eral share of assistance’’; and 

7 (iii) in paragraph (3)(A), by inserting 

8 ‘‘or the Cerro Pelado Fire’’ before ‘‘shall 

9 not be subject to’’; and 

10 (G) in subsection (m)(3)— 

11 (i) by inserting ‘‘or the Cerro Pelado 

12 Fire’’ before ‘‘that is the subject of the 

13 claim’’; and 

14 (ii) by inserting ‘‘or the Cerro Pelado 

15 Fire’’ before the period at the end. 

16 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

17 (a) IN GENERAL.—There are authorized to be appro18 priated such sums as may be necessary for fiscal year 

19 2024 to the Administrator of the Federal Emergency 

20 Management Agency, to remain available until expended, 

21 for compensation payments to victims of the Cerro Pelado 

22 Fire under section 104 of the Hermit’s Peak/Calf Canyon 

23 Fire Assistance Act (Public Law 117–180; 136 Stat. 

24 2170), as amended by section 2 of this Act. 


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1 (b) PROHIBITION.—Amounts appropriated for the 

2 purpose of providing assistance to victims of the Hermit’s 

3 Peak/Calf Canyon Fire under section 103 of the Hermit’s 

4 Peak/Calf Canyon Fire Assistance Act (Public Law 117– 

5 180; 136 Stat. 2169) may not be used for compensation 

6 payments to victims of the Cerro Pelado Fire. 

Æ 


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