Section 1 Short title
This Act may be cited as the “Cerro Pelado Fire Assistance Act”.
Cerro Pelado Fire Assistance Act
A BILL
To amend the Hermit's Peak/Calf Canyon Fire Assistance Act to authorize assistance for damage resulting from the Cerro Pelado Fire, and for other purposes.
Sec. 2 Amendments
The Hermit's Peak/Calf Canyon Fire Assistance Act (Public Law 117–180; 136 Stat. 2168) is amended—
in section 102—
in subsection (a)—
by redesignating paragraphs (8) through (10) as paragraphs (10) through (12), respectively;
by inserting after paragraph (7) the following:
“(8) on April 22, 2023, the Cerro Pelado Lookout reported a wildland fire in Sandoval County, New Mexico, which became known as the Cerro Pelado Fire;
“(9) the Cerro Pelado Fire caused evacuations in Sandoval County, New Mexico before being contained on June 15, 2022;”
in paragraph (10), as so redesignated, by inserting “and the Cerro Pelado Fire” before the semicolon at the end;
in paragraph (11), as so redesignated, by striking “fire” and inserting “fires”; and
in paragraph (12), as so redesignated, by inserting “and the Cerro Pelado Fire” before the period at the end; and
in subsection (b)(1), by striking “, for injuries” and inserting “and the Cerro Pelado Fire for injuries”;
in section 103—
in paragraph (1)(B), by striking “104(a)(3)” and inserting “104(a)(4)”;
by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively;
by inserting after paragraph (1) the following:
“(2) Cerro Pelado Fire—The term Cerro Pelado Fire means the pile burn holdover resulting from the prescribed burn by the Forest Service, which reemerged on April 22, 2022.”
in paragraph (5)(B), as so redesignated, by inserting “or the Cerro Pelado Fire” before the period at the end;
in paragraph (7), as so redesignated, by striking “104(a)(3)” and inserting “104(a)(4)”; and
in paragraph (8), as so redesignated, by striking “104(a)(2)” and inserting “104(a)(2) or the Office of Cerro Pelado Fire Claims established under section 104(a)(3)”; and
in section 104—
in subsection (a)—
in paragraph (1), by inserting “or the Cerro Pelado Fire” before “, subject to the availability”;
by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;
by inserting after paragraph (2) the following:
“(3) Office of cerro pelado fire claims
“(A) In general—There is established within the Federal Emergency Management Agency an Office of Cerro Pelado Fire Claims.
“(B) Purpose—The Office shall receive, process, and pay claims in accordance with this Act.
“(C) Funding—The Office—
“(i) shall be funded from funds made available to the Administrator for carrying out this section; and
“(ii) 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; and
“(iii) may reimburse other Federal agencies for claims processing support and assistance.”
in paragraph (4)(A), as so redesignated, by striking “the Office” and inserting “each Office”; and
by adding at the end the following:
“(6) Temporary personnel
“(A) In general—The Administrator may appoint temporary personnel, after serving continuously for 3 years to positions in the Federal Emergency Management Agency in the same manner that competitive service employees with competitive status are considered for transfer, reassignment, or promotion to such positions.
“(B) Career-conditional employee—An individual appointed under subparagraph (A) shall become a career-conditional employee, unless the employee has already completed the service requirements for career tenure.”
in subsection (b), by striking “Not later than 2 years after the date on which regulations are first promulgated under subsection (f)” and inserting “Not later than December 31, 2027”; and
in subsection (d)—
in paragraph (1)(B)(ii), by inserting “or the Cerro Pelado Fire” before the semicolon at the end; and
in paragraph (4)—
in subparagraph (A)—
in the matter preceding clause (i), by inserting “or the Cerro Pelado Fire” after “Calf Canyon Fire”; and
in clause (iv), by inserting “or the Cerro Pelado Fire” before the semicolon at the end;
in subparagraph (B), in the matter preceding clause (i), by inserting “or the Cerro Pelado Fire” before “for the following types”; and
in subparagraph (C)—
in the matter preceding clause (i), by inserting “or the Cerro Pelado Fire” before “for the following types”;
in clause (vii)—
by inserting “or the Cerro Pelado Fire” before “to risk levels”;
by inserting “or the Cerro Pelado Fire” before “, that are incurred”; and
by striking “the date that is 3 years after the date on which the regulations under subsection (f) are first promulgated” and inserting “December 31, 2028”; and
in clause (viii)—
by striking “May 31, 2024” and inserting “December 31, 2028”;
by inserting “or the Cerro Pelado Fire” before “, a person that was not”; and
by inserting “or the Cerro Pelado Fire” before “is required to purchase”;
in subsection (f), by adding at the end the following:
“(3) Regulations—Upon the date of enactment of the Cerro Pelado Fire Assistance Act, without regard to chapter 5 of title 5, United States Code, the Administrator shall immediately amend the regulations promulgated and published under paragraph (1) to include regulations for the processing and payment of claims relating to the Cerro Pelado Fire.”
in subsection (h)—
in paragraph (1), in the matter preceding subparagraph (A), by inserting “or the Cerro Pelado Fire” before “by”; and
in paragraph (2), by inserting “or the Cerro Pelado Fire” before “that are suffered by the claimant”;
in subsection (k)—
in paragraph (1)(A)—
by inserting “or the Cerro Pelado Fire” before “under any Federal program”; and
by inserting “or the Cerro Pelado Fire” before “shall not be subject to”;
in paragraph (2), by inserting “or the Cerro Pelado Fire” before “, the Federal share of assistance”; and
in paragraph (3)(A), by inserting “or the Cerro Pelado Fire” before “shall not be subject to”; and
in subsection (m)(3)—
by inserting “or the Cerro Pelado Fire” before “that is the subject of the claim”; and
by inserting “or the Cerro Pelado Fire” before the period at the end.
Sec. 3 Authorization of appropriations
In general— There are authorized to be appropriated such sums as may be necessary for fiscal year 2024 to the Administrator of the Federal Emergency Management Agency, to remain available until expended, for compensation payments to victims of the Cerro Pelado Fire under section 104 of the Hermit’s Peak/Calf Canyon Fire Assistance Act (Public Law 117–180; 136 Stat. 2170), as amended by section 2 of this Act.
Prohibition— Amounts appropriated for the purpose of providing assistance to victims of the Hermit’s Peak/Calf Canyon Fire under section 103 of the Hermit’s Peak/Calf Canyon Fire Assistance Act (Public Law 117–180; 136 Stat. 2169) may not be used for compensation payments to victims of the Cerro Pelado Fire.