Hermit's Peak/Calf Canyon Fire Assistance rule (2023)

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The Hermit's Peak/Calf Canyon Fire Assistance rule is a significant rule issued by the Federal Emergency Management Agency (FEMA), U.S. Department of Homeland Security (DHS) effective August 29, 2023, that set procedures for claimants to file for compensation for injury from or items lost to the Hermit's Peak/Calf Canyon Fire. FEMA issued this rule pursuant to the Hermit's Peak/Calf Canyon Fire Assistance Act.[1]

HIGHLIGHTS
  • Name: Hermit's Peak/Calf Canyon Fire Assistance
  • Agency: Federal Emergency Management Agency (FEMA), U.S. Department of Homeland Security (DHS)
  • Action: Final rule
  • Type of significant rule: Economically significant rule

    • Timeline

    The following timeline details key rulemaking activity:

    Background

    The Hermit's Peak/Calf Canyon fire began in April 2022 on federal land and spread to cause evacuations in San Miguel and Mora counties in New Mexico. The fire was fully contained in August 2022. Congress enacted the Hermit's Peak/Calf Canyon Fire Assistance Act on September 30, 2022, which directed the Federal Emergency Management Agency (FEMA) to issue an interim final rule to compensate those who experienced injury or property loss due to the Hermit's Peak/Calf Canyon Fire. The final rule implemented changes due to comments received from the interim final rule.[1]

    Summary of the rule

    The following is a summary of the rule from the rule's entry in the Federal Register:

    “ This final rule sets out the procedures for claimants to seek compensation for injury or loss of property resulting from the Hermit's Peak/Calf Canyon Fire.[1][2] ”

    Summary of provisions

    The following is a summary of the provisions from the rule's entry in the Federal Register:[1]

    “

    The Act provides compensation to injured persons impacted by the Fire. It requires FEMA to design and administer a claims program to compensate injured parties for injuries resulting from the Fire and to provide for the expeditious consideration and settlement for those claims and injuries. The Act further directs FEMA to establish an arbitration process for disputes regarding claims.

    On November 14, 2022, FEMA published an IFR with a 60-day comment period that established the procedures for the processing and payment of claims to those injured by the Fire sustaining property, business, and/or financial losses. FEMA held public meetings during the comment period to further gather public feedback on the rule. Based on public comment, FEMA is making changes to the Final Rule to better reflect the differences between the Cerro Grande Fire and the Hermit's Peak/Calf Canyon Fire, as the Hermit's Peak/Calf Canyon Fire destroyed a significant amount of forested private lands, communities, acequias, ranches, and farms, and to further reflect the specific cultural, economic, and geographic distinctions between the areas impacted by the Hermit's Peak/Calf Canyon Fire. This rule finalizes the IFR, with changes in response to public comments received on the IFR.[2]

    		”

    Significant impact

    See also: Significant regulatory action

    Executive Order 12866, issued by President Bill Clinton (D) in 1993, directed the Office of Management and Budget (OMB) to determine which agency rules qualify as significant rules and thus are subject to OMB review.

    Significant rules have had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. Executive Order 12866 further defined an economically significant rule as a significant rule with an associated economic impact of $100 million or more. Executive Order 14094, issued by President Joe Biden (D) on April 6, 2023, made changes to Executive Order 12866, including referring to economically significant rules as section 3(f)(1) significant rules and raising the monetary threshold for economic significance to $200 million or more.[1]


    The text of the Hermit's Peak/Calf Canyon Fire Assistance rule states that OMB deemed this rule a section 3(f)(1) rule under E.O. 14094:

    “ The Office of Management and Budget (OMB) has designated this rule a 'significant regulatory action' as defined under section 3(f)(1) of Executive Order 12866, as amended by E.O. 14094. Accordingly, the rule has been reviewed by OMB.[2] ”

    Text of the rule

    The full text of the rule is available below:[1]

    See also

    External links

    Footnotes

    1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 Federal Register, "Hermit's Peak/Calf Canyon Fire Assistance," January 31, 2024.
    2. ↑ 2.0 2.1 2.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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