[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4574 Introduced in House (IH)]







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 jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cerro Grande Compensation 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 Monument in the State of New Mexico (in 
        this Act referred to as the ``Cerro Grande fire'');
            (2) to provide just compensation for the personal 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 decision 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 Monument 
shall be entitled to receive from the United States full compensation 
for such personal injury or loss of property.
    (b) Claims.--Claimants shall submit their claims in writing to the 
Secretary of the Interior (in this Act referred 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, determine, 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 involved 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 insurance benefits or other payments or 
settlements of any nature 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 acceptance by the claimant of 
any award, compromise, or settlement under subsection (a), except an 
advance or partial payment made under section 5(c), shall be final and 
conclusive on the claimant and shall constitute a complete release 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 damages which may be 
payable in whole or in part by a claimant'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 
presentment. 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 settlement of claims 
asserted under this Act, the Secretary shall limit determinations to--
            (1) whether the losses sustained directly resulted from the 
        Cerro Grande fire;
            (2) the amounts to be allowed and paid pursuant to section 
        4(a); and
            (3) the persons entitled to receive such amounts.
    (b) Time for Awards.--The Secretary shall determine 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 request 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 regulations promulgated by the 
Secretary, which regulations shall include provisions for such payments 
where the Secretary determines that to delay payment until final 
settlement 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 permitted to retain such advance or 
partial payments under a final court decision on the merits.

SEC. 6. REGULATIONS.

    (a) In General.--Notwithstanding any other provision 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 conferred by this Act and the procedural and 
other requirements imposed by the rules of procedure promulgated by the 
Secretary. Such explanation shall be in clear, concise, and easily 
understandable language. In addition, the Secretary 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 brochures, 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 provisions 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 determination of claims 
under section 4, make use of information developed by such agencies. 
The heads of all other Federal agencies performing disaster relief 
functions under such Acts and other Federal authorities shall provide 
the Secretary, or the Secretary's designee, such information 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 
description of the claim, and the status or disposition of the claim, 
including the amount of each administrative payment 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 designee 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 proceedings on the 
claim under this Act.
    (d) Review.--Any claimant aggrieved by a final decision 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 Mexico 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 Secretary's findings of fact therein if 
supported by substantial evidence on the record considered, as a whole 
shall be conclusive.
    (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 receive 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, township, association, or other non-
Federal entity.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    To carry out this Act there is authorized to be appropriated to the 
Secretary of the Interior $500,000,000 and such additional sums as may 
be warranted.
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