H. R. 4425—73
This division may be cited as the ‘‘Emergency Supplemental
Act, 2000’’.
DIVISION C—CERRO GRANDE FIRE
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2000, and for other purposes, namely:
TITLE I—CERRO GRANDE FIRE ASSISTANCE ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Cerro Grande Fire Assistance
Act’’.
SEC. 102. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) on May 4, 2000, the National Park Service initiated
a prescribed burn on Federal land at Bandelier National Monu-
ment in New Mexico during the peak of the fire season in
the Southwest;
(2) on May 5, 2000, the prescribed burn, which became
known as the ‘‘Cerro Grande Prescribed Fire’’, exceeded the
containment capabilities of the National Park Service, was
reclassified as a wildland burn, and spread to other Federal
and non-Federal land, quickly becoming characterized as a
wildfire;
(3) by May 7, 2000, the fire had grown in size and caused
evacuations in and around Los Alamos, New Mexico, including
the Los Alamos National Laboratory, one of the leading national
research laboratories in the United States and the birthplace
of the atomic bomb;
(4) on May 13, 2000, the President issued a major disaster
declaration for the counties of Bernalillo, Cibola, Los Alamos,
McKinley, Mora, Rio Arriba, Sandoval, San Juan, San Miguel,
Santa Fe, Taos, and Torrance, New Mexico;
(5) the fire resulted in the loss of Federal, State, local,
tribal, and private property;
(6) the Secretary of the Interior and the National Park
Service have assumed responsibility for the fire and subsequent
losses of property; and
(7) the United States should compensate the victims of
the Cerro Grande fire.
(b) PURPOSES.—The purposes of this title are—
(1) to compensate victims of the fire at Cerro Grande,
New Mexico, 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 title:
(1) CERRO GRANDE FIRE.—The term ‘‘Cerro Grande fire’’
means the fire resulting from the initiation by the National
Park Service of a prescribed burn at Bandelier National Monu-
ment, New Mexico, on May 4, 2000.
(2) DIRECTOR.—The term ‘‘Director’’ means—
(A) the Director of the Federal Emergency Management
Agency; or
H. R. 4425—74
(B) if a Manager is appointed under section 104(a)(3),
the Manager.
(3) 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, insurer, county, town-
ship, city, State, school district, or other non-Federal entity
(including a legal representative),
that suffered injury resulting from the Cerro Grande fire.
(4) 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.
(5) MANAGER.—The term ‘‘Manager’’ means an Independent
Claims Manager appointed under section 104(a)(3).
(6) OFFICE.—The term ‘‘Office’’ means the Office of Cerro
Grande Fire Claims established by section 104(a)(2).
SEC. 104. COMPENSATION FOR VICTIMS OF CERRO GRANDE FIRE.
(a) IN GENERAL.—
(1) COMPENSATION.—Each injured person shall be entitled
to receive from the United States—
(A) compensation for injury suffered by the injured
person as a result of the Cerro Grande fire; and
(B) damages described in subsection (d)(4), as deter-
mined by the Director.
(2) OFFICE OF CERRO GRANDE FIRE CLAIMS.—
(A) IN GENERAL.—There is established within the Fed-
eral Emergency Management Agency an Office of Cerro
Grande Fire Claims.
(B) PURPOSE.—The Office shall receive, process, and
pay claims in accordance with this title.
(C) FUNDING.—The Office—
(i) shall be funded from funds made available to
the Director under this title;
(ii) may reimburse other Federal agencies for
claims processing support and assistance;
(iii) 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;
(iv) upon the request of the Director, 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 it in carrying out its
duties under this title; and
(v) shall not diminish the ability of the Director
to carry out the responsibilities of the Federal Emer-
gency Management Agency under the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.), including the timely provision
of disaster assistance to a State or territory, an area
of which is the subject of a major disaster or emergency
declaration made by the President during the period
in which the Director carries out this Act.
H. R. 4425—75
(3) OPTION TO APPOINT INDEPENDENT CLAIMS MANAGER.—
The Director may appoint an Independent Claims Manager
to—
(A) head the Office; and
(B) assume the duties of the Director under this title.
(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 Director a written claim
for one or more injuries suffered by the injured person in accordance
with such requirements as the Director determines to be appro-
priate.
(c) INVESTIGATION OF CLAIMS.—
(1) IN GENERAL.—The Director 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 title, 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 title—
(A) shall be limited to actual compensatory damages
measured by injuries suffered; and
(B) shall not include—
(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 title,
the Director shall determine and fix the amount, if
any, to be paid for the claim.
(ii) PRIORITY.—The Director, to the maximum
extent practicable, shall pay subrogation claims sub-
mitted under this title 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 title, the Director 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 fire;
(iii) the amount, if any, to be allowed and paid
under this title; and
(iv) the person or persons entitled to receive the
amount.
(C) INSURANCE AND OTHER BENEFITS.—
(i) IN GENERAL.—In determining the amount of,
and paying, a claim under this title, to prevent recovery
by a claimant in excess of actual compensatory dam-
ages, the Director shall reduce the amount to be paid
for the claim by an amount that is equal to the total
of insurance benefits (excluding life insurance benefits)
or other payments or settlements of any nature that
were paid, or will be paid, with respect to the claim.
H. R. 4425—76
(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
Director may make one or more advance or partial pay-
ments 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 title, but further payment
on the claim is subsequently denied by the Director, the
claimant may—
(i) seek judicial review under subsection (i); and
(ii) keep any partial payment that the claimant
received, unless the Director determines that the
claimant—
(I) was not eligible to receive the compensa-
tion; or
(II) fraudulently procured the compensation.
(3) RIGHTS
OF
INSURER
OR
OTHER
THIRD
PARTY.—If an
insurer or other third party pays any amount to a claimant
to compensate for an injury described in subsection (a), the
insurer or other third party shall be subrogated to any right
that the claimant has to receive any payment under this title
or any other law.
(4) ALLOWABLE DAMAGES.—
(A) LOSS OF PROPERTY.—A claim that is paid for loss
of property under this title may include otherwise
uncompensated damages resulting from the Cerro Grande
fire for—
(i) an uninsured or underinsured property loss;
(ii) a decrease in the value of real property;
(iii) damage to physical infrastructure;
(iv) a cost resulting from lost tribal subsistence
from hunting, fishing, firewood gathering, timbering,
grazing, or agricultural activities conducted on land
damaged by the Cerro Grande fire;
(v) a cost of reforestation or revegetation on tribal
or non-Federal land, to the extent that the cost of
reforestation or revegetation is not covered by any
other Federal program; and
(vi) any other loss that the Director determines
to be appropriate for inclusion as loss of property.
(B) BUSINESS LOSS.—A claim that is paid for injury
under this title may include damages resulting from the
Cerro Grande fire for the following types of otherwise
uncompensated business loss:
(i) Damage to tangible assets or inventory.
(ii) Business interruption losses.
(iii) Overhead costs.
(iv) Employee wages for work not performed.
(v) Any other loss that the Director determines
to be appropriate for inclusion as business loss.
(C) FINANCIAL LOSS.—A claim that is paid for injury
under this title may include damages resulting from the
H. R. 4425—77
Cerro Grande fire for the following types of otherwise
uncompensated financial loss:
(i) Increased mortgage interest costs.
(ii) An insurance deductible.
(iii) A temporary living or relocation expense.
(iv) Lost wages or personal income.
(v) Emergency staffing expenses.
(vi) Debris removal and other cleanup costs.
(vii) Costs of reasonable efforts, as determined by
the Director, to reduce the risk of wildfire, flood, or
other natural disaster in the counties specified in sec-
tion 102(a)(4), to risk levels prevailing in those counties
before the Cerro Grande fire, that are incurred not
later than 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 12, 2002, if,
as a result of the Cerro Grande fire, a person that
was not required to purchase flood insurance before
the Cerro Grande fire is required to purchase flood
insurance.
(ix) Any other loss that the Director determines
to be appropriate for inclusion as financial loss.
(e) ACCEPTANCE
OF AWARD.—The acceptance by a claimant
of any payment under this title, except an advance or partial
payment made under subsection (d)(2), shall—
(1) be final and conclusive on the claimant (but not on
any subrogee of the claimant), with respect to all claims arising
out of or relating to the same subject matter;
(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; and
(3) shall include a certification by the claimant, made under
penalty of perjury and subject to the provisions of section
1001 of title 18, United States Code, that such claim is true
and correct.
(f ) REGULATIONS AND PUBLIC INFORMATION.—
(1) REGULATIONS.—Notwithstanding any other provision of
law, not later than 45 days after the date of the enactment
of this Act, the Director shall promulgate and publish in the
Federal Register interim final regulations for the processing
and payment of claims under this title.
(2) PUBLIC INFORMATION.—
(A) IN GENERAL.—At the time at which the Director
promulgates regulations under paragraph (1), the Director
shall publish, in newspapers of general circulation in the
State of New Mexico, a clear, concise, and easily under-
standable explanation, in English and Spanish, of—
(i) the rights conferred under this title; and
(ii) the procedural and other requirements of the
regulations promulgated under paragraph (1).
(B) DISSEMINATION
THROUGH
OTHER
MEDIA.—The
Director shall disseminate the explanation published under
H. R. 4425—78
subparagraph (A) through brochures, pamphlets, radio,
television, and other media that the Director determines
are likely to reach prospective claimants.
(g) CONSULTATION.—In administering this title, the Director
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 Director
to—
(1) ensure the efficient administration of the claims process;
and
(2) provide for local concerns.
(h) ELECTION OF REMEDY.—
(1) IN
GENERAL.—An injured person may elect to seek
compensation from the United States for one or more injuries
resulting from the Cerro Grande fire by—
(A) submitting a claim under this title;
(B) filing a claim or bringing a civil action under
chapter 171 of title 28, United States Code; or
(C) bringing an authorized civil action under any other
provision of law.
(2) EFFECT OF ELECTION.—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 Cerro Grande fire that are
suffered by the claimant.
(3) ARBITRATION.—
(A) IN GENERAL.—Not later than 45 days after the
date of the enactment of this Act, the Director shall estab-
lish by regulation procedures under which a dispute
regarding a claim submitted under this title 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 title 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.—Nothing in this title
affects any right of a claimant to file a claim for benefits
under any Federal entitlement program.
(i) JUDICIAL REVIEW.—
(1) IN GENERAL.—Any claimant aggrieved by a final deci-
sion of the Director under this title 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 Director.
(3) STANDARD.—The decision of the Director incorporating
the findings of the Director shall be upheld if the decision
H. R. 4425—79
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
with a claim submitted under this title, fees in excess of 10
percent of the amount of any payment on the claim.
(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) IN GENERAL.—Notwithstanding any other provision of
law, a State or local project that is determined by the Director
to be carried out in response to the Cerro Grande fire under
any Federal program that applies to an area affected by the
Cerro Grande 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.
(2) FEDERAL SHARE.—The Federal share of the costs of
a project described in paragraph (1) shall be 100 percent.
(l) APPLICABILITY OF DEBT COLLECTION REQUIREMENTS.—Sec-
tion 3716 of title 31, United States Code, shall not apply to any
payment under this title.
(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
title—
(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 title in the same
manner and to the same extent as any other injured person;
and
(3) except with respect to land damaged by the Cerro
Grande fire that is the subject of the claim, the Bureau of
Indian Affairs shall have no responsibility to restore land dam-
aged by the Cerro Grande fire.
(n) REPORT.—Not later than 1 year after the date of promulga-
tion of regulations under subsection (f )(1), and annually thereafter,
the Director shall submit to Congress a report that describes the
claims submitted under this title during the year preceding the
date of submission of the report, including, for each claim—
(1) the amount claimed;
(2) a brief description of the nature of the claim;
(3) the status or disposition of the claim, including the
amount of any payment under this title; and
(4) the Comptroller General shall conduct an annual audit
on the payment of all claims made under this title and shall
report to the Congress on the results of this audit beginning
not later than the expiration of the 1-year period beginning
on the date of the enactment of this Act. This report shall
include a review of all subrogation claims for which insurance
companies have been paid or are seeking payment as subrogees
under this title.
(o) AUTHORIZATION OF APPROPRIATIONS.—
H. R. 4425—80
(1) IN GENERAL.—Notwithstanding any other provision of
law, there are authorized to be appropriated such sums as
are necessary to carry out this Act, to remain available until
expended.
(2) FEMA FUNDS.—None of the funds provided to the Fed-
eral Emergency Management Agency for the administration
of disaster relief shall be used to carry out this Act.
SEC. 105. APPROPRIATION OF FUNDS.
(a) CERRO GRANDE FIRE ASSISTANCE CLAIMS OFFICE.—
(1) IN GENERAL.—There is appropriated for the Office for
administration of the compensation process under this title
up to $45,000,000, to remain available until expended.
(2) EMERGENCY REQUIREMENT.—The entire amount made
available under subparagraph (A)—
(A) shall be available only to the extent that the Presi-
dent submits to Congress an official budget request for
up to $45,000,000 that includes designation of the entire
amount of the request as an emergency requirement for
the purposes of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 900 et seq.); and
(B) is designated by Congress as an emergency require-
ment under section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(A)).
(b) CERRO GRANDE FIRE ASSISTANCE.—
(1) IN GENERAL.—There is appropriated for the payment
of claims in accordance with this title up to $455,000,000,
to remain available until expended.
(2) EMERGENCY REQUIREMENT.—The entire amount made
available under subparagraph (A)—
(A) shall be available only to the extent that the Presi-
dent submits to Congress an official budget request for
up to $455,000,000 that includes designation of the entire
amount of the request as an emergency requirement for
the purposes of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 900 et seq.); and
(B) is designated by Congress as an emergency require-
ment under section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(A)).
SEC. 106. PERIOD OF EFFECTIVENESS.
This title shall apply on and after the date of the enactment
of this Act, without regard to any fiscal year.
TITLE II—CERRO GRANDE FIRE EMERGENCY
SUPPLEMENTAL APPROPRIATIONS
DEPARTMENT OF AGRICULTURE
FARM SERVICE AGENCY
EMERGENCY CONSERVATION PROGRAM
For an additional amount for ‘‘Emergency Conservation Pro-
gram’’, $10,000,000: Provided, That notwithstanding any other
provision of law, these funds shall be available to rehabilitate
H. R. 4425—81
farmland damaged from fires which resulted from prescribed
burnings conducted by the Federal Government which subsequently
resulted in unintended damage to farmlands and other lands: Pro-
vided further, That requirements for cost-sharing by landowners
shall not apply to funds provided pursuant to this section: Provided
further, That the entire amount shall be available only to the
extent that an official budget request for $10,000,000, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the entire amount
is designated by the Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A) of such Act.
NATURAL RESOURCES CONSERVATION SERVICE
WATERSHED AND FLOOD PREVENTION OPERATIONS
For an additional amount for ‘‘Watershed and Flood Prevention
Operations’’, for the Emergency Watershed Protection Program,
to repair damages to the waterways and watersheds resulting from
fires which resulted from prescribed burnings conducted by the
Federal Government, and other natural occurrences, $4,000,000,
to remain available until expended: Provided, That requirements
for cost-sharing by project sponsors shall not apply to funds provided
under this provision: Provided further, That the entire amount
shall be available only to the extent an official budget request
for $4,000,000, that includes designation of the entire amount of
the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further,
That the entire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of such Act.
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
CERRO GRANDE FIRE ACTIVITIES
For necessary expenses to remediate damaged Department of
Energy facilities and for other expenses associated with the Cerro
Grande fire, $138,000,000, to remain available until expended: Pro-
vided, That the entire amount shall be available only to the extent
an official budget request for $138,000,000, that includes designa-
tion of the entire amount of the request as an emergency require-
ment as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President
to the Congress: Provided further, That the entire amount is des-
ignated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985, as amended.
H. R. 4425—82
DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For an additional amount for ‘‘Operation of Indian Programs’’,
$8,982,000, to remain available until expended, for emergency res-
toration, rehabilitation, and reforestation of tribal lands and facili-
ties of the Pueblo of Santa Clara and the Pueblo of San Ildefonso
damaged by the Cerro Grande Fire in New Mexico: Provided, That
the entire amount shall be available only to the extent an official
budget request for $8,982,000, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of such Act.
GENERAL PROVISION—THIS TITLE
SEC. 2101. The Secretary of the Interior shall allow enrolled
members of the Pueblo of San Ildefonso and the Pueblo of Santa
Clara to collect plants, including the parts or products thereof,
and mineral resources within the Bandelier National Monument
for traditional and cultural uses. All collection activity, except
quantity limitations in current regulations of the National Park
Service, shall be consistent with applicable laws, and shall be
subject to such conditions as the Secretary deems necessary to
protect the resources and values of the Monument.
This division may be cited as the ‘‘Cerro Grande Fire Supple-
mental’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.