I
106TH CONGRESS
2D SESSION
H. R. 4768
To provide compensation to individuals who are injured by an escaped pre-
scribed 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
JUNE 27, 2000
Mr. HERGER introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee 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 proce-
dure provisions of title 28, United States Code, relating
to claims for such fires, and for other purposes.
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 ‘‘Escaped Prescribed
Fire Emergency Assistance Act’’.
SEC. 2. COMPENSATION FOR INJURIES FROM ESCAPED
PRESCRIBED FIRES.
(a) GENERAL RULE.—In the case of an escaped pre-
scribed fire where there is partial or total loss of a primary
residence, the responsible agency head may authorize pay-
ment of reasonable emergency assistance (including hous-
ing, food, transportation, and other emergency needs) for
a period not to exceed 30 days. An extension of an addi-
tional 30 days may be authorized by the agency head in
extenuating circumstances.
(b) CONSTRUCTION.—Provision of assistance under
subsection (a) shall not be construed as a waiver of rights
under the tort claims procedures under chapter 171 of
title 28, United States Code.
(c) FUNDS.—Payments under subsection (a) may be
made from the account of the Department of Agriculture
entitled ‘‘Wildfire Management Account’’ and the Depart-
ment of Interior account entitled ‘‘Wildfire Management
Account’’.
(d) DEFINITIONS.—As used in this section:
(1) AGENCY HEAD.—The term ‘‘agency head’’
means the head of any Federal land management
agency.
(2) ESCAPED
PRESCRIBED
FIRE.—The term
‘‘escaped prescribed fire’’ means a fire ignited by a
Federal land management agency or any authorized
representative to accomplish natural resource objec-
tives which has exceeded its planned boundaries and
which results in the destruction of private property.
(3) FEDERAL LAND MANAGEMENT AGENCY.—
The term ‘‘Federal land management agency’’
means any department, agency, or bureau of the
United States that administers or otherwise man-
ages lands owned by the United States.
SEC. 3. DECISIONS REGARDING PRESCRIBED FIRES ARE
NOT DISCRETIONARY DECISIONS.
Section 2680(a) of title 28, United States Code, is
amended by adding at the end the following: ‘‘Any action
or decision taken respecting a prescribed fire shall not be
considered for purposes of this paragraph the exercise of
a discretionary function. For purposes of the preceding
sentence, the term ‘prescribed fire’ means a fire ignited
by a Federal land management agency or any authorized
representative to accomplish natural resource objectives.’’.
SEC. 4. AMENDMENT OF CLAIMS AND NOTICE RESPECTING
CLAIMS.
(a) AMENDMENT.—Chapter 171 of title 28, United
States Code, is amended by adding after section 2671 the
following:
‘‘§ 2671A. Amendment of claims and notice respecting
claims.
‘‘(a) Any individual having a claim before a Federal
agency may amend such claim—
‘‘(1) before final action is taken on it by the
agency, or
‘‘(2) before the individual brings a civil action
under section 2675(a) against the United States,
whichever may be later if the claim as amended relates
to the same transaction or occurrence which gave rise to
the original claim. The claim as amended shall be consid-
ered as part of the original claim for all purposes.
‘‘(b) Any individual having a claim before a Federal
agency shall be given notice by such agency if it deter-
mines that the claim fails to state a claim upon which such
agency may take action under section 2675.
‘‘(c) Each Federal agency shall have attached to any
claim form it distributes notice in clear and explicit lan-
guage that the claim may be amended as provided in sub-
section (a).’’.
(b) TECHNICAL AMENDMENT.—The table of sections
of chapter 171 of title 28, United States Code, is amended
by inserting after the item relating to section 2671 the
following:
‘‘2671A. Amendment of claims and notice respecting claims.’’.
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