[House Report 104-638]
[From the U.S. Government Publishing Office]
104th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 104-638
_______________________________________________________________________
FOR THE RELIEF OF NATHAN C. VANCE
_______
June 26, 1996.--Committed to the Committee of the Whole House and
ordered to be printed
_______________________________________________________________________
Mr. Hyde, from the Committee on the Judiciary, submitted the following
R E P O R T
[To accompany S. 966]
The Committee on the Judiciary, to whom was referred the
bill (S. 966), for the relief of Nathan C. Vance, and for other
purposes, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
purpose
S. 966 would direct the Secretary of Agriculture to pay
$4,850 to Nathan C. Vance of Wyoming for fire loss arising out
of the Mink Area Fire in and around Yellowstone National Park
in 1988.
background
In 1988, four of the Greater Yellowstone Complex fires
escaped public lands and burned private lands. When the fires
crossed onto private lands, they destroyed essential equipment
at Mr. Vance's outfitting business.
The Dire Emergency Supplemental Appropriations for Disaster
Assistance of 1990 (Pub. L. 101-302) allowed people to file
claims against the Government for 90 days from the time of
enactment of the law for damages incurred because of the fires.
The deadline for receipt of those claims was August 23, 1990.
Mr. Vance mailed in his claim on August 19, 1990, five days
before the deadline. However, the Forest Service did not
receive Mr. Vance's claim until August 24, 1990, one day after
the deadline. Although the Forest Service originally accepted
and began processing the claim, ultimately they informed Mr.
Vance that the Forest Service had no authority to pay his claim
because it was received after the timeframe in the statute.
S. 966 would pay Mr. Vance $4,850, the amount which would
have been approved for loss of his equipment had his
application arrived one day earlier.
committee action
On May 23, 1996, the Subcommittee on Immigration and Claims
favorably recommended the bill S. 966, to the Judiciary
Committee.
On June 12, 1996, the Committee on the Judiciary favorably
ordered reported by voice vote S. 966, a quorum being present.
committee oversight findings
In compliance with clause 2(l)(3)(A) of rule XI of the
Rules of the House of Representatives, the Committee reports
that the findings and recommendations of the Committee, based
on oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
committee on government reform and oversight findings
No findings or recommendations of the Committee on
Government Reform and Oversight were received as referred to in
clause 2(l)(3)(D) of rule XI of the Rules of the House of
Representatives.
new budget authority and tax expenditures
Clause 2(l)(3)(B) of House Rule XI is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
congressional budget office cost estimate
In compliance with clause 2(l)(3)(C) of rule XI of the
Rules of the House of Representatives, the Committee sets
forth, with respect to the bill, S. 966, the following estimate
and comparison prepared by the Director of the Congressional
Budget Office under section 403 of the Congressional Budget Act
of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 14, 1996.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed S. 966, an act for the relief of Nathan C. Vance, and
for other purposes, as ordered reported by the House Committee
on the Judiciary on June 11, 1996. The act would require the
Secretary of the Treasury to make a payment of $4,850. Assuming
the legislation is enacted in the next two months, we expect
this outlay would occur in fiscal year 1996. Because S. 966
would increase direct spending, pay-as-you-go procedures would
apply.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is John R.
Righter.
Sincerely,
June E. O'Neill, Director.
agency views
The Department of Agriculture recommends that S. 966 be
enacted. The Department's comments on S. 966 are as follows:
Department of Agriculture,
Office of the Secretary,
Washington, DC, February 21, 1996.
Hon. Charles E. Grassley,
Chairman, Subcommittee on Administrative Oversight and the Courts,
Committee on the Judiciary, U.S. Senate, Senate Hart Office
Building, Washington, DC.
Dear Mr. Chairman: This is in reply to your request of
October 18, 1995, for a report on S. 966, a bill ``For the
relief of Nathan C. Vance, and for other purposes.''
The Department of Agriculture recommends that S. 966 be
enacted.
In 1988, four of the Greater Yellowstone Complex fires
(Canyon Creek, Storm Creek, Clover Mist, and Mink) escaped
public lands and burned private lands. The Dire Emergency
Supplemental Appropriations for Disaster Assistance Act of 1990
(Pub. L. No. 101-302; 104 Stat. 213) allowed persons to file
claims for damages against the Government for 90 days from the
time of enactment of the law. The Act gave the Forest Service
the authority to ``. . . negotiate, compromise, and reach a
determination on the original claims, . . . and to negotiate
any other claims filed within 90 days of the date of enactment
of this Act.'' This deadline for receipt of those claims--90
days after enactment of the Act on May 25, 1990--was August 23,
1990.
The Forest Service received about 190 claims within the
timeframe prescribed by Pub. L. No. 101-302. Mr. Vance's claim
was received one day late. As we have indicated in previous
correspondence, we believe that the Forest Service has no
authority to pay claims received beyond the timeframe in the
statute. Enactment of S. 966 would give us that authority.
In 1992, we offered views on a similar bill, S. 3219, in a
letter dated September 24, a copy of which is attached. The
minor concerns described in that letter are fully addressed in
S. 966.
Thank you for soliciting our views on S. 966.
Sincerely,
Dan Glickman, Secretary.