EXPRESSING THE SUPPORT OF THE NEW MEXICO LEGISLATURE FOR FEDERAL LEGISLATION TO COMPENSATE MEMBERS OF THE JEMEZ EAGLE FIREFIGHTING CREW NUMBER 4 AND THEIR SURVIVORS FOR THE INJURIES AND DEATHS SUFFERED IN THE ACCIDENT OF AUGUST 24, 1986 DURING THE ANDERSON CREEK FIRE IN IDAHO.

WHEREAS, on August 24, 1986, an Idaho national guard truck carrying a group of eighteen firefighters, members of the Jemez eagle crew number 4 from Jemez pueblo, New Mexico, who were returning from fighting the Anderson creek fire in the Boise national forest near Boise, Idaho, veered off Danskin Creek road and rolled eighty feet down a steep hillside, killing four members of the crew and injuring the rest; and

WHEREAS, although this accident was apparently the result of negligence on the part of the driver, a member of the Idaho national guard, who by statute was considered a federal employee at the time of the accident, and also negligence on the part of the United States forest service officials who were managing the firefighting operation, the injured firefighters and the survivors of the deceased firefighters were unable to bring claims for compensation against the United States because the firefighters and the deceased were erroneously determined to be federal employees themselves at the time of the accident; and

WHEREAS, many of the permanently injured firefighters and the survivors of the deceased firefighters may be forced to rely on temporary assistance to needy families or welfare-to-work programs because of the destitution in which they have been placed due to this tragic accident that occurred when they or their loved ones were providing a great service to the people of this country; and

WHEREAS, the injured firefighters and the survivors of the deceased firefighters received only minimal or no compensation pursuant to the provisions of the Federal Employees' Compensation Act, even though two of the deceased left small children, and most of the survivors of the accident were seriously and permanently injured; and

WHEREAS, since the accident occurred, the firefighters and the survivors of the deceased firefighters have repeatedly sought assistance from congress allowing them by way of a private bill to file a claim against the United States or providing direct compensation to them for their injuries and losses, but so far without success; and

WHEREAS, federal legislation will soon be introduced in the current session of the United States congress again seeking compensation for the members of the Jemez firefighter crew injured or killed in this tragic accident; and

WHEREAS, securing a remedy for the tragic wrong suffered by these brave young firefighters is long overdue;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that strong support be expressed for legislation by the United States Congress to provide compensation to the members of the Jemez eagle crew number 4 killed or injured in the accident of August 24, 1986; and

BE IT FURTHER RESOLVED that the legislature of the state of New Mexico support the policy of this state and the national government to do all that is necessary to keep families from relying on temporary assistance to needy families and to encourage families to pursue all avenues available to them to provide the means necessary to support their families; and

BE IT FURTHER RESOLVED that the legislative of the state of New Mexico urge all members of the New Mexico congressional delegation to do everything within their power to obtain passage of a private bill providing compensation to the injured firefighters and the survivors of those deceased, and to urge their colleagues to do the same; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to each member of the New Mexico congressional delegation and to the majority and minority leadership in each of the houses of congress.