Letter Requesting Help for Cabins Owners on National Forest Lands

[Congressman Tom McClintock]

The following letter was Sent by Congressman Tom McClintock to Homer Wilkes, Under Secretary for Natural Resources and Environment.

“Dear Under Secretary Wilkes:

I write to call your attention to an urgent issue directly impacting my constituents who own properties on National Forest System (NFS) lands.

The Caldor Fire destroyed nearly 180 cabins located on NFS lands and left significant amounts of hazardous debris in its wake. These cabins are privately owned and authorized under special use permits with the United States Forest Service (USFS).

Following the fire, the California Governor’s Office of Emergency Services (Cal OES) worked with El Dorado County to provide a debris removal program for affected property owners. Private property owners have been able to receive assistance for debris removal through this program. However, cabin owners on NFS lands were informed by the USFS that they could not receive this assistance and are responsible for completing debris removal at their own expense.

If not corrected, these cabin owners face tens of thousands of dollars in expenses. The cabin owners themselves must manage the logistical and financial burdens of debris removal, which includes contracting, sampling, assessment, debris removal, and subsequent sampling and rep0rting. Many of these properties are underinsured due to the derelict state of the surrounding forest land, and even owners with insurance face significant costs. And despite losing their cabins, they must continue to pay the USFS for the cost of their permits. This does not even account for the costs of rebuilding these cabins, which will be significantly higher. It is likely that many of these owners will not be able to afford to rebuild their beloved cabins, several of which have been owned by families spanning multiple generations.

Unfortunately, this is not the first time that my constituents have faced this impasse. In 2020, following the devastating Creek Fire, Cal OES requested that the USFS clean the structural debris from burned cabins in Fresno County and remove hazardous debris on USFS lands, citing the state’s lack of legal authority to do so. The Federal Emergency Management Agency (FEMA) asserts that it is unable to reimburse for work which falls under the statutory authorities of another federal agency (i.e., USFS).

Regarding 2021 wildfires, FEMA reiterated in a September 28, 2021 letter to Regional Forester Jennifer Eberlien that it is unable to reimburse for debris removal work, noted the severe threat that this debris poses to public health and the environment, and asked the USFS to “recognize the urgency of this matter in support of the health and safety of California citizens.”

Simply put, the federal government has done a great disservice to victims of the Caldor Fire. The fire occurred on federal land, much of which in need of overdue active management, and ultimately burned more than 221,800 acres. To the consternation of myself and my constituents, FEMA denied Individual Assistance to those impacted by the fire, and President Biden has ignored my calls to reverse FEMA’s misguided decision. It is nonsensical that the federal government is abdicating responsibility and placing such an overwhelming burden on these cabin owners.

To that end, I ask that you do everything in your power to ensure the federal government assists these cabin owners within all applicable laws and regulations. This includes identifying sources of federal funding for debris removal, resolving differences between FEMA’s and the USFS’s interpretation of applicable laws and regulations, and encouraging the USFS to engage with cabin owners.

Thank you for your attention to this important matter.