The Hermitâs Peak/Calf Canyon Fire Assistance Act is intended to provide persons who suffered injuries as a result of Hermitâs Peak/Calf Canyon Fires with a simple, expedited process to seek compensation from the United States. To obtain benefits under this legislation, an Injured Person must submit all Hermitâs Peak/Calf Canyon Fires related claims against the United States to the Federal Emergency Management Agency (FEMA). An Injured Person who elects to proceed under the Act is barred from bringing a claim under the Federal Tort Claims Act or filing a civil action against the United States for damages resulting from the Hermitâs Peak/Calf Canyon Fires.
This information is necessary to support the Act implemented by the Hermitâs Peak/Calf Canyon Fire Assistance regulation (44 CFR part 296) which was added by FEMAâs November 10, 2022, Hermitâs Peak/Calf Canyon Fire Assistance Interim Final Rule (RIN 1660-AB14). The purpose of this authority is to ensure the expeditious consideration and settlement of claims to compensate victims of the Hermitâs Peak/Calf Canyon Fires.
The Hermitâs Peak Fire began on April 6, 2022, after a prescribed burn exceeded the containment capabilities of the U.S. Forest Service and was declared a wildfire. On April 19, the Calf Canyon Fire began burning on Federal land and was later identified as the result of a pile burn in January 2022 that remained dormant under the surface before reemerging. The Hermitâs Peak and Calf Canyon Fires merged on April 27, 2022. By May 2, 2022, the fire had grown, causing evacuations in multiple villages and communities. On May 4, 2022, President Biden issued a major disaster declaration for the counties of Colfax, Mora, and San Miguel, New Mexico. The U.S. Forest Service has assumed responsibility for the Hermitâs Peak/Calf Canyon Fire, which was not 100 percent contained until August 21, 2022. On September 30, 2022, Congress passed the Act authorizing FEMA to establish a claims process for victims of the Hermitâs Peak/Calf Canyon Fire.
Congress tasked FEMA with providing expeditious consideration and settlement of claims for injuries as a result of the Hermitâs Peak/Calf Canyon Fire. In doing so, Congress set strict deadlines around the claims process. First, FEMA is required to publish interim regulations establishing the process by November 14, 2022. Once the process is established in regulation, Claimants will have two years from the date the regulation is published to submit their Notice of Loss to FEMA. The Notice of Loss provides confirmation that the Claimant has elected to use the process under the Act to seek compensation for injuries resulting from the Hermitâs Peak/Calf Canyon Fires and formally begins the claims process. Without immediate access to the Notice of Loss, Claimants will not have the full period of time available under the statute to submit their claim.
Following the normal clearance procedures for approval, this information collection will delay FEMAâs ability to expeditiously consider and settle claims arising from injuries as a result of the Hermitâs Peak/Calf Canyon Fire. The victims of this Fire deserve compensation for their injuries and Congress has demanded immediate action to compensate them.
It is vital that FEMA implement the information collection as soon as possible to support immediate needs in response to the Hermitâs Peak/Calf Canyon Fire. In accordance with the Paperwork Reduction Act (PRA) and the Office of Management and Budgetâs (OMB) implementing regulations at 5 C.F.R. § 1320.13: (1) this information is necessary to the mission of the agency, (2) this information is necessary prior to the expiration of time periods established under PRA, (3) public harm is reasonably likely to result if normal clearance procedures are followed, and (4) an unanticipated event has occurred.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.