H. R. 6833—56 
(9) the fire resulted in the loss of Federal, State, local, 
Tribal, and private property; and 
(10) the United States should compensate the victims of 
the Hermit’s Peak/Calf Canyon Fire. 
(b) PURPOSES.—The purposes of this Act are— 
(1) to compensate victims of the Hermit’s Peak/Calf Canyon 
Fire, for injuries resulting from the fire; and 
(2) to provide for the expeditious consideration and settle-
ment of claims for those injuries. 
SEC. 103. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means— 
(A) the Administrator of the Federal Emergency 
Management Agency; or 
(B) if a Manager is appointed under section 104(a)(3), 
the Manager. 
(2) HERMIT’S PEAK/CALF CANYON FIRE.—The term ‘‘Hermit’s 
Peak/Calf Canyon Fire’’ means— 
(A) the fire resulting from the initiation by the Forest 
Service of a prescribed burn in the Santa Fe National 
Forest in San Miguel County, New Mexico, on April 6, 
2022; 
(B) the pile burn holdover resulting from the prescribed 
burn by the Forest Service, which reemerged on April 
19, 2022; and 
(C) the merger of the two fires described in subpara-
graphs (A) and (B), reported as the Hermit’s Peak Fire 
or the Hermit’s Peak Fire/Calf Canyon Fire. 
(3) INDIAN
TRIBE.—The term ‘‘Indian Tribe’’ means the 
recognized governing body of any Indian or Alaska Native 
Tribe, band, nation, pueblo, village, community, component 
band, 
or 
component 
reservation 
individually 
identified 
(including parenthetically) in the list published most recently 
as of the date of enactment of this Act pursuant to section 
104 of the Federally Recognized Indian Tribe List Act of 1994 
(25 U.S.C. 5131). 
(4) INJURED PERSON.—The term ‘‘injured person’’ means— 
(A) an individual, regardless of the citizenship or alien 
status of the individual; or 
(B) an Indian Tribe, corporation, Tribal corporation, 
partnership, company, association, county, township, city, 
State, school district, or other non-Federal entity (including 
a legal representative) that suffered injury resulting from 
the Hermit’s Peak/Calf Canyon Fire. 
(5) INJURY.—The term ‘‘injury’’ has the same meaning as 
the term ‘‘injury or loss of property, or personal injury or 
death’’ as used in section 1346(b)(1) of title 28, United States 
Code. 
(6) MANAGER.—The term ‘‘Manager’’ means an Independent 
Claims Manager appointed under section 104(a)(3). 
(7) OFFICE.—The term ‘‘Office’’ means the Office of Hermit’s 
Peak/Calf Canyon Fire Claims established by section 104(a)(2). 
(8) TRIBAL ENTITY.—The term ‘‘Tribal entity’’ includes any 
Indian Tribe, tribal organization, Indian-controlled organization 
serving Indians, Native Hawaiian organization, or Alaska 
Native entity, as such terms are defined or used in section
H. R. 6833—57 
166 of the Workforce Innovation and Opportunity Act (29 U.S.C. 
3221). 
SEC. 104. COMPENSATION FOR VICTIMS OF HERMIT’S PEAK/CALF 
CANYON FIRE. 
(a) IN GENERAL.— 
(1) COMPENSATION.—Each injured person shall be eligible 
to receive from the United States compensation for injury suf-
fered by the injured person as a result of the Hermit’s Peak/ 
Calf Canyon Fire, subject to the availability of appropriations 
and subject to the Administrator making the determinations 
required under subsection (d). 
(2) OFFICE OF HERMIT’S PEAK/CALF CANYON FIRE CLAIMS.— 
(A) IN GENERAL.—There is established within the Fed-
eral Emergency Management Agency an Office of Hermit’s 
Peak/Calf Canyon Fire Claims. 
(B) PURPOSE.—The Office shall receive, process, and 
pay claims in accordance with this Act. 
(C) FUNDING.—The Office— 
(i) shall be funded from funds made available to 
the Administrator for carrying out this section; 
(ii) may appoint and fix the compensation of such 
temporary personnel as may be necessary, without 
regard to the provisions of title 5, United States Code, 
governing appointments in competitive service; and 
(iii) may reimburse other Federal agencies for 
claims processing support and assistance. 
(3) OPTION TO APPOINT INDEPENDENT CLAIMS MANAGER.— 
The Administrator may appoint an Independent Claims Man-
ager to— 
(A) head the Office; and 
(B) assume the duties of the Administrator under this 
Act. 
(4) DETAIL.—Upon the request of the Administrator, the 
head of any Federal department or agency may detail, on 
a reimbursable basis, any of the personnel of that department 
or agency to the Federal Emergency Management Agency to 
assist the Agency in carrying out the duties under this Act. 
(b) SUBMISSION OF CLAIMS.—Not later than 2 years after the 
date on which regulations are first promulgated under subsection 
(f), an injured person may submit to the Administrator a written 
claim for 1 or more injuries suffered by the injured person in 
accordance with such requirements as the Administrator determines 
to be appropriate. 
(c) INVESTIGATION OF CLAIMS.— 
(1) IN GENERAL.—In accordance with subsection (d), the 
Administrator shall, on behalf of the United States, investigate, 
consider, ascertain, adjust, determine, grant, deny, or settle 
any claim for money damages asserted under subsection (b). 
(2) APPLICABILITY OF STATE LAW.—Except as otherwise pro-
vided in this Act, the laws of the State of New Mexico shall 
apply to the calculation of damages under subsection (d)(4). 
(3) EXTENT OF DAMAGES.—Any payment under this Act— 
(A) shall be limited to actual compensatory damages 
measured by injuries suffered; and 
(B) shall not include—
H. R. 6833—58 
(i) interest before settlement or payment of a claim; 
or 
(ii) punitive damages. 
(d) PAYMENT OF CLAIMS.— 
(1) DETERMINATION AND PAYMENT OF AMOUNT.— 
(A) IN GENERAL.— 
(i) PAYMENT.—Not later than 180 days after the 
date on which a claim is submitted under this Act, 
the Administrator shall determine and fix the amount, 
if any, to be paid for the claim. 
(ii) PRIORITY.—The Administrator, to the max-
imum extent practicable, shall pay subrogation claims 
submitted under this Act only after paying claims sub-
mitted by injured parties that are not insurance compa-
nies seeking payment as subrogees. 
(B) PARAMETERS OF DETERMINATION.—In determining 
and settling a claim under this Act, the Administrator 
shall determine only— 
(i) whether the claimant is an injured person; 
(ii) whether the injury that is the subject of the 
claim resulted from the Hermit’s Peak/Calf Canyon 
Fire; 
(iii) whether the person or persons are otherwise 
eligible to receive any amount determined under clause 
(iv); and 
(iv) whether sufficient funds are available for pay-
ment and, if so, the amount, if any, to be allowed 
and paid under this Act. 
(C) INSURANCE AND OTHER BENEFITS.— 
(i) IN GENERAL.—In determining the amount of, 
and paying, a claim under this Act, to prevent recovery 
by a claimant in excess of actual compensatory dam-
ages, the Administrator shall reduce the amount to 
be paid for the claim by an amount that is equal 
to the total of insurance benefits (excluding life insur-
ance benefits) or other payments or settlements of 
any nature that were paid, or will be paid, with respect 
to the claim. 
(ii) GOVERNMENT LOANS.—This subparagraph shall 
not apply to the receipt by a claimant of any govern-
ment loan that is required to be repaid by the claimant. 
(2) PARTIAL PAYMENT.— 
(A) IN GENERAL.—At the request of a claimant, the 
Administrator may make 1 or more advance or partial 
payments, subject to the determination required under 
paragraph (1)(B), 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 Act, but further payment 
on the claim is subsequently denied by the Administrator, 
the claimant may— 
(i) seek judicial review under subsection (i); and 
(ii) keep any partial payment that the claimant 
received, unless the Administrator determines that the 
claimant—