I
106TH CONGRESS
2D SESSION
H. R. 4574
To authorize the Secretary of the Interior to make compensation for damages
arising from a prescribed burn on the Bandelier National Monument
in the State of New Mexico.
IN THE HOUSE OF REPRESENTATIVES
MAY 25, 2000
Mr. UDALL of New Mexico introduced the following bill; which was referred
to the Committee on the Judiciary, and in addition to the Committee on
Resources, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
A BILL
To authorize the Secretary of the Interior to make compensa-
tion for damages arising from a prescribed burn on the
Bandelier National Monument in the State of New Mex-
ico.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Cerro Grande Com-
pensation Act’’.
SEC. 2. PURPOSES.
The purposes of this Act are—
(1) to fully compensate any and all persons, for
the losses sustained by reason of the prescribed burn
on May 4, 2000, on the Bandelier National Monu-
ment in the State of New Mexico (in this Act re-
ferred to as the ‘‘Cerro Grande fire’’);
(2) to provide just compensation for the per-
sonal injuries and losses of property, including the
destruction and damage to homes, businesses, public
and governmental buildings resulting from the Cerro
Grande fire which went beyond the fire prescription;
(3) to provide for the expeditious consideration
and settlement of claims for such personal injuries
and property losses.
SEC. 3. COMPENSATION.
(a) IN GENERAL.—All persons who suffered personal
injury or loss of property directly resulting from the deci-
sion by the National Park Service or other Federal agency
or entity to conduct the Cerro Grande fire and the failure
of the National Park Service to maintain and control the
burn in and around the area of Bandelier National Monu-
ment shall be entitled to receive from the United States
full compensation for such personal injury or loss of prop-
erty.
(b) CLAIMS.—Claimants shall submit their claims in
writing to the Secretary of the Interior (in this Act re-
ferred to as the ‘‘Secretary’’), under such regulations as
the Secretary prescribes under section 6, within one year
after the date on which the regulations required by section
5(d) are published in the Federal Register.
(c) DEATH.—In the event of a person’s death, a claim
shall be submitted only by a claimant’s duly authorized
legal representative.
SEC. 4. ACTION ON CLAIMS.
(a) IN GENERAL.—The Secretary, or the Secretary’s
designee for the purpose of acting on behalf of the United
States, shall investigate, consider, ascertain, adjust, deter-
mine, and settle any claim for money damages asserted
under section 3. Determinations, awards, and settlements
under this Act shall be limited to actual or compensatory
damages measured by the pecuniary injuries or losses in-
volved and shall not include interest prior to settlement
or punitive damages.
(b) APPLICABLE LAW.—Except as otherwise provided
herein, the laws of the State of New Mexico shall apply
to claims submitted under section 3.
(c) AMOUNT.—In determining the amount to be
awarded under subsection (a), the Secretary shall reduce
any such amount by an amount equal to the total of insur-
ance benefits or other payments or settlements of any na-
ture previously paid with respect to such personal injury
or property loss claims.
(d) ASSIGNMENT OR TRANSFER.—Except as to the
United States, no claim cognizable under this Act shall
be assigned or transferred.
(e) ACCEPTANCE AND SUBROGATION.—The accept-
ance by the claimant of any award, compromise, or settle-
ment under subsection (a), except an advance or partial
payment made under section 5(c), shall be final and con-
clusive on the claimant and shall constitute a complete re-
lease of any claim against the United States by reason
of the same subject matter. A release shall not, however,
prevent an insurer with rights as a subrogee under its own
name or that of the claimant from exercising any right
of action against the United States to which it may be
entitled under any other law for payments made to the
claimant for a loss arising from the subject matter of the
claimant’s claim.
(f) INSURANCE AND CLAIMS.—Any claim for dam-
ages which may be payable in whole or in part by a claim-
ant’s insurer shall not be paid by the Secretary unless and
until the claimant provides written proof that the insurer
has denied the claim, in whole or in part, or has failed
to approve or deny such claim within 6 months of its pre-
sentment. The claimant shall assign to the United States
any rights of action the claimant has or may have against
any other third party, including an insurer.
SEC. 5. AUTHORITY OF THE SECRETARY.
(a) IN GENERAL.—In the determination and settle-
ment of claims asserted under this Act, the Secretary shall
limit determinations to—
(1) whether the losses sustained directly re-
sulted from the Cerro Grande fire;
(2) the amounts to be allowed and paid pursu-
ant to section 4(a); and
(3) the persons entitled to receive such
amounts.
(b) TIME FOR AWARDS.—The Secretary shall deter-
mine and fix the amount of awards, if any, in each claim
within 12 months from the date on which the claim was
submitted to the Secretary.
(c) ADVANCE OR PARTIAL PAYMENTS.—At the re-
quest of a claimant, the Secretary is authorized to make
advance or partial payments prior to final settlement on
any portion or aspect of a claim determined to be logically
severable.
(d) REGULATIONS.—Advance or partial payments
shall be made available under subsection (c) under regula-
tions promulgated by the Secretary, which regulations
shall include provisions for such payments where the Sec-
retary determines that to delay payment until final settle-
ment of the claim would impose a substantial hardship on
the claimant. When a claimant pursues a cause of action
as provided for in section 9, the claimant may be per-
mitted to retain such advance or partial payments under
a final court decision on the merits.
SEC. 6. REGULATIONS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary shall within 15 days after the
date of enactment of this Act promulgate and publish in
the Federal Register, final regulations and procedures for
the handling of the claims authorized in section 3.
(b) NOTICE.—The Secretary shall also cause to be
published, in newspapers with general circulation in the
State of New Mexico, an explanation of the rights con-
ferred by this Act and the procedural and other require-
ments imposed by the rules of procedure promulgated by
the Secretary. Such explanation shall be in clear, concise,
and easily understandable language. In addition, the Sec-
retary shall also disseminate such explanation concerning
such rights and procedures, and other data helpful to
claimants, in the State of New Mexico, by means of bro-
chures, pamphlets, radio, television, and other media likely
to reach prospective claimants.
SEC. 7. COORDINATION.
The claims program established by this Act shall, to
the extent practicable, be coordinated with other disaster
relief operations conducted by other Federal agencies
under the various Disaster Relief Acts and other provi-
sions of law. The Secretary shall consult with the heads
of such other Federal agencies, and shall, as the Secretary
deems necessary, consistent with the expeditious deter-
mination of claims under section 4, make use of informa-
tion developed by such agencies. The heads of all other
Federal agencies performing disaster relief functions
under such Acts and other Federal authorities shall pro-
vide the Secretary, or the Secretary’s designee, such infor-
mation and records as the Secretary or designee shall
deem necessary for the administration of this Act.
SEC. 8. ANNUAL REPORT.
At the end of the year following the date of enactment
of this Act and each year thereafter until the completion
of the handling of claims under section 3, the Secretary
shall make an annual report to the Congress of all claims
submitted to the Secretary under section 3 stating the
name of each claimant, the amount claimed, a brief de-
scription of the claim, and the status or disposition of the
claim, including the amount of each administrative pay-
ment and award under the Act.
SEC. 9. OTHER ACTION.
(a) IN GENERAL.—An action shall not be instituted
in any court of the United States upon a claim against
the United States which is included in a claim submitted
under section 3 until the Secretary or the Secretary’s des-
ignee has made a final disposition of the pending claim.
(b) WITHDRAWAL OF CLAIM.—A pending claim may
be withdrawn from consideration prior to final decision
upon 15 days written notice and such withdrawal shall be
deemed an abandonment of the claim for all purposes
under this Act.
(c) CIVIL ACTION.—After withdrawal of a claim or
after the final decision of the Secretary or the Secretary’s
designee on a claim under this Act, a claimant may elect
to file a civil action asserting such claim against the
United States in any court of competent jurisdiction under
any other provision of applicable law. If such an action
is filed, there shall be no further consideration or pro-
ceedings on the claim under this Act.
(d) REVIEW.—Any claimant aggrieved by a final deci-
sion of the Secretary on a claim under section 3 may file
within 60 days from the date of such decision with the
United States District Court for the District of New Mex-
ico a petition praying that such decision be modified or
set aside in whole or in part. The court shall hear such
appeal on the record made before the Secretary. The filing
of such an appeal shall constitute an election of remedies.
The decision of the Secretary incorporating the Sec-
retary’s findings of fact therein if supported by substantial
evidence on the record considered, as a whole shall be con-
clusive.
(e) CONSTRUCTION.—Except to the extent otherwise
provided, nothing in this Act shall be construed to prevent
any claimant under this Act from exercising any rights
to which the claimant may be entitled under any other
provision of law.
(f) FEES.—Attorney and agent fees shall be paid out
of the awards hereunder. No attorney or agent on account
of services rendered in connection with a claim shall re-
ceive in excess of 10 per centum of the amount paid in
connection with such claim, any contract to the contrary
shall be notwithstanding. Whoever violates this subsection
shall be fined a sum not to exceed $10,000.
SEC. 10. DEFINITION.
For the purposes of this Act, the term ‘‘person’’
means any individual, Native American tribe, corporation,
partnership, company, business entity, municipality, town-
ship, association, or other non-Federal entity.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
To carry out this Act there is authorized to be appro-
priated to the Secretary of the Interior $500,000,000 and
such additional sums as may be warranted.
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