I 

108TH CONGRESS 

1ST SESSION H. R. 988

To provide compensation to individuals who are injured by an escaped prescribed fire and to amend the tort procedure provisions of title 28, 

United States Code, relating to claims for such fires, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 27, 2003

Mr. HERGER introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Resources 

and Agriculture, 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 provide compensation to individuals who are injured by 

an escaped prescribed fire and to amend the tort procedure provisions of title 28, United States Code, relating 

to claims for such fires, 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 ‘‘Escaped Prescribed 

5 Fire Emergency Assistance Act’’. 
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1 SEC. 2. COMPENSATION FOR INJURIES FROM ESCAPED 

2 PRESCRIBED FIRES. 

3 (a) GENERAL RULE.—In the case of an escaped pre4 scribed fire where there is partial or total loss of a primary 

5 residence, the responsible agency head may authorize pay6 ment of reasonable emergency assistance (including hous7 ing, food, transportation, and other emergency needs) for 

8 a period not to exceed 30 days. An extension of an addi9 tional 30 days may be authorized by the agency head in 

10 extenuating circumstances. 

11 (b) CONSTRUCTION.—Provision of assistance under 

12 subsection (a) shall not be construed as a waiver of rights 

13 under the tort claims procedures under chapter 171 of 

14 title 28, United States Code. 

15 (c) FUNDS.—Payments under subsection (a) may be 

16 made from the account of the Department of Agriculture 

17 entitled ‘‘Wildfire Management Account’’ and the Depart18 ment of Interior account entitled ‘‘Wildfire Management 

19 Account’’. 

20 (d) DEFINITIONS.—As used in this section: 

21 (1) AGENCY HEAD.—The term ‘‘agency head’’ 

22 means the head of any Federal land management 

23 agency. 

24 (2) ESCAPED PRESCRIBED FIRE.—The term 

25 ‘‘escaped prescribed fire’’ means a fire ignited by a 

26 Federal land management agency or any authorized 
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1 representative to accomplish natural resource objec2 tives which has exceeded its planned boundaries and 

3 which results in the destruction of private property. 

4 (3) FEDERAL LAND MANAGEMENT AGENCY.—

5 The term ‘‘Federal land management agency’’ 

6 means any department, agency, or bureau of the 

7 United States that administers or otherwise man8 ages lands owned by the United States. 

9 SEC. 3. DECISIONS REGARDING PRESCRIBED FIRES ARE 

10 NOT DISCRETIONARY DECISIONS. 

11 Section 2680(a) of title 28, United States Code, is 

12 amended by adding at the end the following: ‘‘Any action 

13 or decision taken respecting a prescribed fire shall not be 

14 considered for purposes of this paragraph the exercise of 

15 a discretionary function. For purposes of the preceding 

16 sentence, the term ‘prescribed fire’ means a fire ignited 

17 by a Federal land management agency or any authorized 

18 representative to accomplish natural resource objectives.’’. 

19 SEC. 4. AMENDMENT OF CLAIMS AND NOTICE RESPECTING 

20 CLAIMS. 

21 (a) AMENDMENT.—Chapter 171 of title 28, United 

22 States Code, is amended by adding after section 2671 the 

23 following: 
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1 ‘‘§ 2671A. Amendment of claims and notice respecting 

2 claims. 

3 ‘‘(a) Any individual having a claim before a Federal 

4 agency may amend such claim—

5 ‘‘(1) before final action is taken on it by the 

6 agency, or 

7 ‘‘(2) before the individual brings a civil action 

8 under section 2675(a) against the United States, 

9 whichever may be later if the claim as amended relates 

10 to the same transaction or occurrence which gave rise to 

11 the original claim. The claim as amended shall be consid12 ered as part of the original claim for all purposes. 

13 ‘‘(b) Any individual having a claim before a Federal 

14 agency shall be given notice by such agency if it deter15 mines that the claim fails to state a claim upon which such 

16 agency may take action under section 2675. 

17 ‘‘(c) Each Federal agency shall have attached to any 

18 claim form it distributes notice in clear and explicit lan19 guage that the claim may be amended as provided in sub20 section (a).’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 at the beginning of chapter 171 of title 28, United States 

23 Code, is amended by inserting after the item relating to 

24 section 2671 the following new item:

‘‘2671A. Amendment of claims and notice respecting claims.’’.

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