Delegation Urges USDA to Take Responsibility for Pautre Fire
Twenty-Six Months Have Elapsed Since Out-of-Control Fire Consumed 10,000 Acres of Land
WASHINGTON, D.C.– U.S. Sens. John Thune (R-S.D.) and Mike Rounds (R-S.D.) and U.S. Rep. Kristi Noem (R-S.D.) today urged the U.S. Department of Agriculture (USDA), Forest Service (FS), and Office of General Counsel (OGC) to finally take responsibility for the Pautre fire that beginning on April 3, 2013, consumed standing grass on more than 10,000 acres of public and private pasture land, and damaged and destroyed fences, bales of forage, buildings, and trees.
“We strongly urge you to recognize and quickly take responsibility for the negligence that resulted in this out-of-control fire and ensuing damages, and that you timely resolve and approve all reasonable claims,” the delegation wrote. “Twenty-six months is ample time for USDA, FS, and OGC to investigate and make necessary determinations.”
Full text of the letter can be found below:
Secretary Tom Vilsack
U.S. Department of Agriculture
1400 Independence Ave., SW
Washington, D.C. 20250
Dear Secretary Vilsack:
On April 3, 2013, the U.S. Forest Service (FS) conducted a prescribed burn located southeast of Hettinger, North Dakota on the Grand River Ranger District of the Dakota Prairie Grassland. This prescribed burn was intended to cover 130 acres of dead crested wheatgrass; however, due to the unsafe hot, dry, and windy conditions present at the time of ignition the fire (known as the Pautre Fire) quickly escalated out of control and consumed more than 10,000 acres of FS land, grazing association controlled land, and private land.
Along with the grass and rangeland destroyed, fences, bales of forage, buildings, and trees were also damaged and destroyed by this fire; and cattle confined to the smoke created by this fire suffered respiratory damage.
As you are aware the Federal Tort Claims Act (FTCA) provides claimants two years from the date of an incident to submit claims against the government. The FTCA generally holds the federal government liable when federal employees commit acts of negligence in the course of their employment.
Twenty-six months have elapsed since date of the Pautre Fire, yet to our knowledge no action has been taken by the U.S. Department of Agriculture (USDA), FS, or Office of General Counsel (OGC) to accept liability and process claims.
We strongly urge you to recognize and quickly take responsibility for the negligence that resulted in this out-of-control fire and ensuing damages, and that you timely resolve and approve all reasonable claims. Twenty-six months is ample time for USDA, FS, and OGC to investigate and make necessary determinations.
Sincerely,
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