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.

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

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.'.

END