[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.