Budget Proposal Includes Rep. Leger Fernández's Hermit's Peak/Calf Canyon Fire Assistance Act, $2.5 Billion to Compensate Fire Survivors

Statement

Today, Congresswoman Leger Fernández announced that the budget proposal to fund the government through December includes the authorization of the Hermit's Peak/Calf Canyon Fire Assistance Act and $2.5 billion to compensate survivors of the Hermit's Peak/Calf Canyon Fire.

The provisions were included in the proposed FY 2022 Continuing Resolution ("CR"), which would keep the government funded through December 16, 2022. The CR still needs to be voted on and passed in both the Senate and the House this week, and therefore changes to it may be made. This announcement comes after a roundtable discussion that included Speaker Pelosi and families and community members from San Miguel and Mora Counties.

"Yesterday, I heard stories from students, ranchers, acequia members and families who shared how the fires and floods ravaged their treasured places where they expected to see future generations thrive," said Rep. Leger Fernández. "I've seen the damage, felt the pain, and heard the sorrow. But I was also inspired by the strength of those affected by the fires. I've been carrying their stories; their hopes and their hardship with me to Congress. I vowed that I would pursue every possible opportunity to seek justice and we successfully passed the Hermit's Peak/Calf Canyon Fire Assistance Act twice through the House. We know that including it in the budget is difficult. Yet justice is on our side and the stories of our New Mexican fire survivors resonate in the halls of Congress."

"The inclusion of the Hermit's Peak/Calf Canyon relief funding in the budget proposal is an important step forward to heal the wounds the fire caused. Many families have lived in these areas for hundreds of years and we are fighting to make sure they can continue to live, work, and learn there for generations. We are hopeful the budget proposal will pass with the funding intact, but understand there are many uncertainties. While we monitor final passage of the budget proposal, I will not let up my fight to get compensation for our fire victims signed into law," concluded Rep. Leger Fernández.

"New Mexico experienced the largest wildfire in state history that was started by the federal government and wreaked havoc on homes, businesses, and communities. The federal government has a moral obligation to make New Mexicans whole and help communities recover and rebuild. As the Senate sponsor of the Hermit's Peak/Calf Canyon Fire Assistance Act, I am glad that this vital legislation will be included in the upcoming continuing resolution," said Senator Luján. "I am grateful for the partnership of Rep. Leger Fernández and our delegation colleagues. As we work to keep the government funded this week, we will continue fighting hard to get this legislation across the finish line."

"The Hermit's Peak and Calf Canyon fires have had an immeasurable impact on lives, livelihoods, and cherished landscapes. As the fires spread and in their aftermath, we witnessed as the people affected worked day and night to save their homes and their neighbors. They have embodied the tenacity and resilience that is characteristically New Mexican -- and now they need the resources to right the wrongs of these fires. As a member of the Senate Appropriations Committee, I am working to pull every lever possible to deliver the resources these New Mexicans need and deserve. With many negotiations still ahead, I'm proud to be working with our Congressional Delegation and Democratic leadership in the Senate and House to do everything we can to get this funding across the finish line," said Senator Heinrich, a member of the Senate Committee on Appropriations.

"The inclusion of funding in the continuing resolution to help those impacted by the Hermits Peak and Calf Canyon fires is a major victory for New Mexico. While our communities are resilient, the federal government has a responsibility to address the harm caused by the largest wildfires in New Mexico's history," said Rep. Stansbury. "We have worked shoulder-to-shoulder with our delegation and the administration to secure the resources New Mexicans need to rebuild, and I am proud that this funding is included in the must-pass funding bill announced today. We will do everything we can every day to get this over the finish line to ensure New Mexicans are made whole again."

Background

Beginning April 6, 2022, the Hermit's Peak Fire started as a result of an approved prescribed fire plan ignited by the U.S. Forest Service fire personnel in the Santa Fe National Forest. The Hermit's Peak Fire subsequently merged with the Calf Canyon Fire - another U.S. Forest Service initiated burn - to become the second largest fire in New Mexico's history. The Hermit's Peak/Calf Canyon Fire resulted in evacuations of more than 25,000 individuals in San Miguel and Mora Counties, destroyed 900 homes and structures and scorched 341,735 acres (534 square miles) of land.

The Hermit's Peak/Calf Canyon Fire Assistance Act would require FEMA to design and administer a program to fully compensate those who suffered personal injury or business, income, and financial losses resulting from the Hermit's Peak/Calf Canyon Fire.

About the Hermit's Peak/Calf Canyon Fire Assistance Act:

Establishes an Office of Hermit's Peak/Calf Canyon Fire Claims within the Federal Emergency Management Agency (FEMA) to receive, process, and pay claims in accordance with this Act.
Described allowable damages including:
Loss of property, including: an uninsured or underinsured property loss; a decrease in the value of real property; damage to physical infrastructure including irrigation infrastructure; a cost resulting from lost subsistence from hunting, fishing, firewood gathering, timbering, grazing, or agricultural activities conducted on land damaged by the fire; a cost of reforestation or revegetation on Tribal or non-Federal land;
Business loss, to include: damage to tangible assets or inventory; business interruption losses; overhead costs; and employee wages for work not performed;
Financial loss, to include: increased mortgage interest costs; in insurance deductible; a temporary living or relocation expense; lost wages or personal income; emergency staffing expenses; debris removal and other cleanup costs; a premium for flood insurance; and costs for efforts to reduce the risk of wildfire, flood, or other natural disaster in the counties specified in the major disaster declaration; and
Any other damages that the FEMA Administrator determines to be appropriate for inclusion as property, business, or financial loss.
Provides that the Federal cost share of FEMA assistance provided for State or local projects or under the Other Needs Program Assistance shall be 100 percent.
Provides that the Federal cost share of USDA disaster assistance programs shall be 100 percent. This is key to ensure that private ranchers, farmers and landowners get the help they need to reclaim and fortify their lands and irrigation systems and feed their livestock.
The Hermit's Peak/Calf Canyon Fire Assistance Act passed as an amendment to the National Defense Authorization Act of FY 2023 as well as in the Wildfire Response and Drought Resiliency Act.

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