[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 988 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 988

 To provide compensation to individuals who are injured by an escaped 
prescribed 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

                           February 27, 2003

  Mr. Herger introduced the following bill; which was referred to the 
   Committee on the Judiciary, and in addition to the Committees 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 procedure 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 Representatives 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 prescribed fire where 
there is partial or total loss of a primary residence, the responsible 
agency head may authorize payment of reasonable emergency assistance 
(including housing, food, transportation, and other emergency needs) 
for a period not to exceed 30 days. An extension of an additional 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 Department 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 
        objectives 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 
        manages 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:
``Sec. 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 considered 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 determines 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 language that the claim may be 
amended as provided in subsection (a).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 171 of title 28, United States Code, is amended by inserting 
after the item relating to section 2671 the following new item:

``2671A. Amendment of claims and notice respecting claims.''.
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