I 

118TH CONGRESS 

1ST SESSION H. R. 5888 

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 HOUSE OF REPRESENTATIVES 

OCTOBER 3, 2023 

Ms. LEGER FERNANDEZ introduced the following bill 

OCTOBER 25, 2023 

Referred to the Committee on the Judiciary, and in addition to the Committee 

on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

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’’. 


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1 SEC. 2. AMENDMENTS. 

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

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

4 (1) in section 102— 

5 (A) in subsection (a)— 

6 (i) by redesignating paragraphs (8) 

7 through (10) as paragraphs (10) through 

8 (12), respectively; 

9 (ii) by inserting after paragraph (7) 

10 the following: 

11 ‘‘(8) on April 22, 2023, the Cerro Pelado Look12 out reported a wildland fire in Sandoval County, 

13 New Mexico, which became known as the Cerro 

14 Pelado Fire; 

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

16 in Sandoval County, New Mexico before being con17 tained on June 15, 2022;’’. 

18 (iii) in paragraph (10), as so redesig19 nated, by inserting ‘‘and the Cerro Pelado 

20 Fire’’ before the semicolon at the end; 

21 (iv) in paragraph (11), as so redesig22 nated, by striking ‘‘fire’’ and inserting 

23 ‘‘fires’’; and 

24 (v) in paragraph (12), as so redesig25 nated, by inserting ‘‘and the Cerro Pelado 

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


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

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

3 Fire for injuries’’; 

4 (2) in section 103— 

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

6 ‘‘104(a)(3)’’ and inserting ‘‘104(a)(4)’’; 

7 (B) by redesignating paragraphs (2) 

8 through (8) as paragraphs (3) through (9), re9 spectively; 

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

11 following: 

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

13 Pelado Fire’ means the pile burn holdover resulting 

14 from the prescribed burn by the Forest Service, 

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

16 (D) in paragraph (5)(B), as so redesig17 nated, by inserting ‘‘or the Cerro Pelado Fire’’ 

18 before the period at the end; 

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

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

21 ‘‘104(a)(4)’’; and 

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

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

24 ‘‘104(a)(2) or the Office of Cerro Pelado Fire 


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

2 and 

3 (3) in section 104— 

4 (A) in subsection (a)— 

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

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

7 the availability’’; 

8 (ii) by redesignating paragraphs (3) 

9 and (4) as paragraphs (4) and (5), respec10 tively; 

11 (iii) by inserting after paragraph (2) 

12 the following: 

13 ‘‘(3) OFFICE OF CERRO PELADO FIRE

14 CLAIMS.— 

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

16 within the Federal Emergency Management 

17 Agency an Office of Cerro Pelado Fire Claims. 

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

19 process, and pay claims in accordance with this 

20 Act. 

21 ‘‘(C) FUNDING.—The Office— 

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

23 available to the Administrator for carrying 

24 out this section; and 


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1 ‘‘(ii) may appoint and fix the com2 pensation of such temporary personnel as 

3 may be necessary, without regard to the 

4 provisions of title 5, United States Code, 

5 governing appointments in competitive 

6 service; and 

7 ‘‘(iii) may reimburse other Federal 

8 agencies for claims processing support and 

9 assistance.’’; 

10 (iv) in paragraph (4)(A), as so redes11 ignated, by striking ‘‘the Office’’ and in12 serting ‘‘each Office’’; and 

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

14 ‘‘(6) TEMPORARY PERSONNEL.— 

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

16 may appoint temporary personnel, after serving 

17 continuously for 3 years to positions in the Fed18 eral Emergency Management Agency in the 

19 same manner that competitive service employees 

20 with competitive status are considered for 

21 transfer, reassignment, or promotion to such 

22 positions. 

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

24 An individual appointed under subparagraph 

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


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1 unless the employee has already completed the 

2 service requirements for career tenure.’’; 

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

4 later than 2 years after the date on which regu5 lations are first promulgated under subsection 

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

7 31, 2027’’; and 

8 (C) in subsection (d)— 

9 (i) in paragraph (1)(B)(ii), by insert10 ing ‘‘or the Cerro Pelado Fire’’ before the 

11 semicolon at the end; and 

12 (ii) in paragraph (4)— 

13 (I) in subparagraph (A)— 

14 (aa) in the matter preceding 

15 clause (i), by inserting ‘‘or the 

16 Cerro Pelado Fire’’ after ‘‘Calf 

17 Canyon Fire’’; and 

18 (bb) in clause (iv), by insert19 ing ‘‘or the Cerro Pelado Fire’’ 

20 before the semicolon at the end; 

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

22 matter preceding clause (i), by insert23 ing ‘‘or the Cerro Pelado Fire’’ before 

24 ‘‘for the following types’’; and 

25 (III) in subparagraph (C)— 


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1 (aa) in the matter preceding 

2 clause (i), by inserting ‘‘or the 

3 Cerro Pelado Fire’’ before ‘‘for 

4 the following types’’; 

5 (bb) in clause (vii)— 

6 (AA) by inserting ‘‘or 

7 the Cerro Pelado Fire’’ be8 fore ‘‘to risk levels’’; 

9 (BB) by inserting ‘‘or 

10 the Cerro Pelado Fire’’ be11 fore ‘‘, that are incurred’’; 

12 and 

13 (CC) by striking ‘‘the 

14 date that is 3 years after the 

15 date on which the regula16 tions under subsection (f) 

17 are first promulgated’’ and 

18 inserting ‘‘December 31, 

19 2028,’’; and 

20 (cc) in clause (viii)— 

21 (AA) by striking ‘‘May 

22 31, 2024’’ and inserting 

23 ‘‘December 31, 2028’’; 

24 (BB) by inserting ‘‘or 

25 the Cerro Pelado Fire’’ beVerDate Sep 11 2014 23:37 Nov 02, 2023 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5888.IH H5888

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1 fore ‘‘, a person that was 

2 not’’; and 

3 (CC) by inserting ‘‘or 

4 the Cerro Pelado Fire’’ be5 fore ‘‘is required to pur6 chase’’; 

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

8 the following: 

9 ‘‘(3) REGULATIONS.—Upon the date of enact10 ment of the Cerro Pelado Fire Assistance Act, with11 out regard to chapter 5 of title 5, United States 

12 Code, the Administrator shall immediately amend 

13 the regulations promulgated and published under 

14 paragraph (1) to include regulations for the proc15 essing and payment of claims relating to the Cerro 

16 Pelado Fire.’’; 

17 (E) in subsection (h)— 

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

19 preceding subparagraph (A), by inserting 

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

21 and 

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

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

24 suffered by the claimant’’; 

25 (F) in subsection (k)— 


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1 (i) in paragraph (1)(A)— 

2 (I) by inserting ‘‘or the Cerro 

3 Pelado Fire’’ before ‘‘under any Fed4 eral program’’; and 

5 (II) by inserting ‘‘or the Cerro 

6 Pelado Fire’’ before ‘‘shall not be sub7 ject to’’; 

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

9 the Cerro Pelado Fire’’ before ‘‘, the Fed10 eral share of assistance’’; and 

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

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

13 not be subject to’’; and 

14 (G) in subsection (m)(3)— 

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

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

17 claim’’; and 

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

19 Fire’’ before the period at the end. 

20 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

21 (a) IN GENERAL.—There are authorized to be appro22 priated such sums as may be necessary for fiscal year 

23 2024 to the Administrator of the Federal Emergency 

24 Management Agency, to remain available until expended, 

25 for compensation payments to victims of the Cerro Pelado 


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

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

3 2170), as amended by section 2 of this Act. 

4 (b) PROHIBITION.—Amounts appropriated for the 

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

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

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

8 180; 136 Stat. 2169) may not be used for compensation 

9 payments to victims of the Cerro Pelado Fire. 

Æ 


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