H. R. 6833—60 
the date that is 3 years after the date on which the 
regulations under subsection (f) are first promulgated. 
(viii) A premium for flood insurance that is 
required to be paid on or before May 31, 2024, if, 
as a result of the Hermit’s Peak/Calf Canyon Fire, 
a person that was not required to purchase flood insur-
ance before the Hermit’s Peak/Calf Canyon Fire is 
required to purchase flood insurance. 
(ix) A disaster assistance loan received from the 
Small Business Administration. 
(x) Any other loss that the Administrator deter-
mines to be appropriate for inclusion as financial loss. 
(e) ACCEPTANCE
OF AWARD.—The acceptance by a claimant 
of any payment under this Act, except an advance or partial pay-
ment made under subsection (d)(2), shall— 
(1) be final and conclusive on the claimant, with respect 
to all claims arising out of or relating to the same subject 
matter; and 
(2) constitute a complete release of all claims against the 
United States (including any agency or employee of the United 
States) under chapter 171 of title 28, United States Code (com-
monly known as the ‘‘Federal Tort Claims Act’’), or any other 
Federal or State law, arising out of or relating to the same 
subject matter. 
(f) REGULATIONS AND PUBLIC INFORMATION.— 
(1) REGULATIONS.—Notwithstanding any other provision of 
law, not later than 45 days after the date of enactment of 
this Act, the Administrator shall promulgate and publish in 
the Federal Register interim final regulations for the processing 
and payment of claims under this Act. 
(2) PUBLIC INFORMATION.— 
(A) IN GENERAL.—At the time at which the Adminis-
trator promulgates regulations under paragraph (1), the 
Administrator shall publish, online and in print, in news-
papers of general circulation in the State of New Mexico, 
a clear, concise, and easily understandable explanation, 
in English and Spanish, of— 
(i) the rights conferred under this Act; and 
(ii) the procedural and other requirements of the 
regulations promulgated under paragraph (1). 
(B) DISSEMINATION
THROUGH
OTHER
MEDIA.—The 
Administrator shall disseminate the explanation published 
under subparagraph (A) through websites, blogs, social 
media, brochures, pamphlets, radio, television, and other 
media that the Administrator determines are likely to reach 
prospective claimants. 
(g) CONSULTATION.—In administering this Act, the Adminis-
trator 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 Administrator, to— 
(1) ensure the efficient administration of the claims process; 
and 
(2) provide for local concerns. 
(h) ELECTION OF REMEDY.—
H. R. 6833—61 
(1) IN
GENERAL.—An injured person may elect to seek 
compensation from the United States for 1 or more injuries 
resulting from the Hermit’s Peak/Calf Canyon Fire by— 
(A) submitting a claim under this Act; 
(B) filing a claim or bringing a civil action under 
chapter 171 of title 28, United States Code (commonly 
known as the ‘‘Federal Tort Claims Act’’); or 
(C) bringing an authorized civil action under any other 
provision of law. 
(2) EFFECT OF ELECTION.—In accordance with subsection 
(e), 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 Hermit’s Peak/Calf Canyon Fire that are suffered 
by the claimant upon acceptance of an award. 
(3) ARBITRATION.— 
(A) IN GENERAL.—Not later than 45 days after the 
date of enactment of this Act, the Administrator shall 
establish by regulation procedures under which a dispute 
regarding a claim submitted under this Act 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 Act 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.—The value of compensa-
tion that may be provided under this Act shall not be considered 
income or resources for any purpose under any Federal, State, 
or local laws, including laws relating to taxation, welfare, and 
public assistance programs, and no State or political subdivision 
thereof shall decrease any assistance otherwise provided to 
an injured person because of the receipt of benefits under 
this Act. 
(i) JUDICIAL REVIEW.— 
(1) IN GENERAL.—Any claimant aggrieved by a final deci-
sion of the Administrator under this Act 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 Administrator. 
(3) STANDARD.—The decision of the Administrator incor-
porating the findings of the Administrator shall be upheld 
if the decision is supported by substantial evidence on the 
record considered as a whole. 
(j) ATTORNEY’S AND AGENT’S FEES.— 
(1) IN GENERAL.—No attorney or agent, acting alone or 
in combination with any other attorney or agent, shall charge, 
demand, receive, or collect, for services rendered in connection
H. R. 6833—62 
with a claim submitted under this Act, fees in excess of the 
limitations established under section 2678 of title 28, United 
States Code. 
(2) VIOLATION.—An attorney or agent who violates para-
graph (1) shall be fined not more than $10,000. 
(k) WAIVER OF REQUIREMENT FOR MATCHING FUNDS.— 
(1) STATE AND LOCAL PROJECT.— 
(A) IN GENERAL.—Notwithstanding any other provision 
of law, a State or local project that is determined by the 
Administrator to be carried out in response to the Hermit’s 
Peak/Calf Canyon Fire under any Federal program that 
applies to an area affected by the Hermit’s Peak/Calf 
Canyon Fire shall not be subject to any requirement for 
State or local matching funds to pay the cost of the project 
under the Federal program. 
(B) FEDERAL SHARE.—The Federal share of the costs 
of a project described in subparagraph (A) shall be 100 
percent. 
(2) OTHER NEEDS PROGRAM ASSISTANCE.—Notwithstanding 
section 408(g)(2) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5174(g)(2)), for any emer-
gency or major disaster declared by the President under that 
Act for the Hermit’s Peak/Calf Canyon Fire, the Federal share 
of assistance provided under that section shall be 100 percent. 
(3) AGRICULTURAL PROGRAM ASSISTANCE.— 
(A) IN GENERAL.—Notwithstanding any other provision 
of law, a State, local, or individual project that is deter-
mined by the Secretary of Agriculture to be carried out 
in response to the Hermit’s Peak/Calf Canyon Fire under 
any Federal program that applies to an area affected by 
the Hermit’s Peak/Calf Canyon Fire shall not be subject 
to any requirement for State, local, or individual matching 
funds to pay the cost of the project under the Federal 
program. 
(B) FEDERAL SHARE.—The Federal share of the costs 
of a project described in subparagraph (A) shall be 100 
percent. 
(l) APPLICABILITY OF DEBT COLLECTION REQUIREMENTS.—Sec-
tion 3711(a) of title 31, United States Code, shall not apply to 
any payment under this Act, unless— 
(1) there is evidence of civil or criminal fraud, misrepresen-
tation, presentation of a false claim; or 
(2) a claimant was not eligible under subsection (d)(2) 
of this Act to any partial payment. 
(m) INDIAN COMPENSATION.—Notwithstanding any other provi-
sion of law, in the case of an Indian Tribe, a Tribal entity, or 
a member of an Indian Tribe that submits a claim under this 
Act— 
(1) the Bureau of Indian Affairs shall have no authority 
over, or any trust obligation regarding, any aspect of the 
submission of, or any payment received for, the claim; 
(2) the Indian Tribe, Tribal entity, or member of an Indian 
Tribe shall be entitled to proceed under this Act in the same 
manner and to the same extent as any other injured person; 
and 
(3) except with respect to land damaged by the Hermit’s 
Peak/Calf Canyon Fire that is the subject of the claim, the