S3032-118

1. Short title This Act may be cited as the Cerro Pelado Fire Assistance Act.

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: 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; 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: 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: There is established within the Federal Emergency Management Agency an Office of Cerro Pelado Fire Claims. The Office shall receive, process, and pay claims in accordance with this Act. The Office— shall be funded from funds made available to the Administrator for carrying out this section; and 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 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: 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. 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: 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. (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;. (2)Cerro Pelado FireThe term Cerro Pelado Fire means the pile burn holdover resulting from the prescribed burn by the Forest Service, which reemerged on April 22, 2022.; (3)Office of cerro pelado fire claims(A)In generalThere is established within the Federal Emergency Management Agency an Office of Cerro Pelado Fire Claims.(B)PurposeThe Office shall receive, process, and pay claims in accordance with this Act.(C)FundingThe 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.; (6)Temporary personnel(A)In generalThe 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 employeeAn individual appointed under subparagraph (A) shall become a career-conditional employee, unless the employee has already completed the service requirements for career tenure.; (3)RegulationsUpon 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.;

3. Authorization of appropriations 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. 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.