Tribal Declarations Pilot

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Update

April 26, 2018

Jessica Specht

Recovery Directorate

Office of Response and Recovery

Presenter’s Name June 17, 2003

Background The Sandy Recovery Improvement Act

(SRIA) of 2013 amended the Stafford

Act to provide federally-recognized

Indian tribal governments (tribal

governments) the option to request a

Presidential emergency or major

disaster declaration independently of a

state.

SRIA requires the President, when

issuing regulations, to “consider the

unique conditions that affect the

general welfare of Indian tribal

governments.”

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Presenter’s Name June 17, 2003

ImplementationFEMA is implementing SRIA’s authority in three phases:

Use of state regulations (January 29, 2013 - January 9, 2017):

FEMA processed tribal declaration requests using adapted state

declarations regulations.

Pilot period (January 10, 2017 – TBD): The Pilot Guidance

describes the process and criteria used during the pilot period.

Rulemaking: Following the pilot, FEMA will implement SRIA’s

authority through notice and comment rulemaking.

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Presenter’s Name June 17, 2003

4

1. Eastern Band of Cherokee Indians

2. Navajo Nation

3. Standing Rock Sioux Tribe

4. Karuk Tribe

5. Santa Clara Pueblo

6. Santa Clara Pueblo

7. Soboba Band of Luiseño Indians

8. Oglala Sioux Tribe of the Pine

Ridge Reservation

9. Hoopa Valley Tribe

10. Resighini Rancheria

11. Seminole Tribe of Florida*

12. Pueblo of Acoma

Tribal Major Disaster Declarations

*In addition, STOF was the first to receive an Emergency Declaration.

Presenter’s Name June 17, 2003

Stafford Act Assistance: Individual Assistance

Individuals and Households Program ($34,000 Maximum*)

Disaster Housing, which provides grants for rental

assistance and/or home repairs (for privately owned homes)

to survivors whose primary residences were damaged

Other Needs Assistance, which provides grants for

replacement of personal property, transportation, medical,

dental and funeral expenses

Disaster Unemployment Assistance

Crisis Counseling Program

Disaster Legal Services

Disaster Case Management

Cost Share for Other

Needs Assistance (only)

is 75% Federal,

25% Non-Federal

President is not

authorized to adjust.

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TDPG Section III

Pages 13-16

Presenter’s Name June 17, 2003

Stafford Act Assistance: Individual Assistance

Eligibility

Enrolled Tribal Members

A person that the Indian tribal government

recognizes as an enrolled member of that Indian

tribe at the beginning of the incident period.

Members of the Tribal Community

Such as adopted children, widows and widowers,

and descendants.

Tribe identifies these categories during the PDA.

Tribe must specify categories in the declaration

request and assist FEMA in identifying them.

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TDPG Sections II & IV

Pages 8 & 18

Presenter’s Name June 17, 2003

Stafford Act Assistance: Public AssistanceEmergency Work

A. Debris Removal

B. Emergency Protective

Measures

Permanent Work

C. Roads and Bridge Systems

D. Water Control Facilities

E. Public Buildings / Equipment

F. Public Utilities

G. Other (Parks, Recreation, etc.)

Infrastructure

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Cost Share for Public Assistance is 75% Federal,

25% Non-Federal.

President is authorized to adjust this cost share.

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TDPG Section III

Page 11

Presenter’s Name June 17, 2003

PA - Minimum Damage Amount Absent extraordinary circumstances, FEMA will consider a

declaration request from a tribal government only if it is

determined that the tribal government sustained at least

$250,000 in PA-eligible estimated damage or costs.

This amount does not constitute a trigger point for a

declaration.

It is the minimum amount of damage for which a request for

a major disaster declaration will be considered.

Depending on the situation, an event that exceeds this

amount may be within the tribal government’s capability, and

therefore, not warrant a major disaster declaration.

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TDPG Sections VI & VII

Pages 25 & 34

Presenter’s Name June 17, 2003

Stafford Act Assistance:

Hazard Mitigation Mitigation is the effort to reduce loss of life

and property by lessening the impact of

disasters.

FEMA-Approved Tribal Mitigation Plan is

required for PA Permanent Work

(Categories C-G) and HMGP

Tribal governments have 30 days from the

date of declaration to submit, adopt and

have their plan approved by FEMA, if no

plan exists or if the plan is expired.

Cost Share for Hazard Mitigation is 75% Federal-25% Non-Federal.

President is not authorized to adjust this cost share.

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TDPG Section III

Pages 16-17

Presenter’s Name June 17, 2003

Declaration Request Process

101010

Tribal Chief Executive’s Request

FEMA Recommendation

FEMA-Tribal (State) PDA

Incident

Presidential Determination

Tribal Initial Damage Assessment

Request must be

submitted with 30 days of

the incident

TDPG Section VI

Pages 24-34

Presenter’s Name June 17, 2003

Emergency Plan Activation If a tribal government anticipates that it will request a Stafford

Act declaration independently of a state, then the tribal

government must activate its tribal emergency plan.

The emergency plan describes how a tribal government will

provide resources to satisfy unmet needs.

The procedures for plan activation will vary based on a tribal

law and the plan itself. It may involve tribal declaration or

proclamation of an emergency. However such a declaration

is not a legal prerequisite for requesting a Stafford Act

declaration.

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TDPG Section VI

Page 24

Presenter’s Name June 17, 2003

Required Plans Technical assistance is available to assist tribal

governments in the development of Tribal

Mitigation Plans and other administrative

requirements:

Tribal Hazard Mitigation Plan - Approved Plan

Required for PA (Cat C-G) and HMGP

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Administrative Plans

Public Assistance Administrative Plan

Individuals and Households Program Other Needs

Assistance (ONA) Administrative Option Selection

Hazard Mitigation Administrative Plan

FEMA encourages tribal governments to build relationships with

FEMA Regional staff prior to a disaster.

TDPG Sections V & IX

Pages 19-23 & 43-44

Presenter’s Name June 17, 2003

Seminole Tribe of Florida (STOF)

Declarations

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Summary

Emergency Declaration

First Emergency Declaration for a tribal nation

Declared 9/8/18

Federal presence on 9/12/2017

Federal support in Response phase focused on:

Commodities (Tarps/Cots/Meals/Water/Hygiene Kits)

Satellite Communications

Law Enforcement Support (3 QRTs from BIA)

Emergency Medical Supplies (IHS)

Technical assistance/support

Presenter’s Name June 17, 2003

DR-4341-STOF

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Summary

Major Disaster Declaration

Expedited request

Declared Sep 27, 2017

Incident period: Sep 4, 2017 through October 4, 2017

First Major Disaster Declaration with both Individual and

Public Assistance (and the Hazard Mitigation Grant

Program)

First time a declaration was not limited to Tribal lands (in

accordance with the Tribal Declaration Pilot Guidance)

Presenter’s Name June 17, 2003

DR-4341-STOF

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Individual Assistance Overview

Disaster Assistance limited to tribal enrollee households (on

and off reservation) impacted by Hurricane Irma

Mobile Disaster Recovery Centers established at 7 locations on

a rotational basis. Coordination was a key to success.

• All registrations required verification by the Tribe (must be an

enrolled member household).

• All inspections required a Tribal Guide to accompany the

Inspector if the dwelling was located on a STOF

reservation/community.

• Outreach was through official Tribal communications platforms

only.

Presenter’s Name June 17, 2003

DR-4341-STOF

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Public Assistance Overview

First time the tribe has served as a direct grantee (capacity

building and staff training is a priority)

Unique government structure and potential eligible

facilities/infrastructure

STOF Emergency Management is our liaison to the Depts.

(creates an additional layer, which may slow response)

Eligible work includes tribal communities and other

commercial business properties (on and off tribal lands) that

the tribe has legal responsibility for

Staffing was minimal to avoid overwhelming the Tribe

Presenter’s Name June 17, 2003

DR-4341-STOF

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Complex delivery based on:

Lack of tribal experience/capacity

Unique tribal government structure (with worldwide corporate and

business holdings) and over 50 departments

Complex insurance and ownership/lease arrangements

Unique cultural and environmental considerations

Multiple codes and standards

Geographic dispersion

Early Strengths/Accomplishments:

Debris Management Plan in place in advance of the disaster

Public Assistance Alternative Procedures (PAAP) debris sliding scale

and PA Admin Plan approved, PA Management Plan signed

Presenter’s Name June 17, 2003

DR-4341-STOF

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Early Hazard Mitigation Grant Program (HMGP) Accomplishments:

Revised Tribal Hazard Mitigation Plan approved

HMGP Admin Plan approved

A Grant Agreement between STOF Emergency Management and

sub-recipient(s) drafted

The Management Cost request drafted

Early Environmental and Historic Preservation Accomplishment:

The Public Notice was published

Presenter’s Name June 17, 2003

DR-4341-STOF

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Mitigation Plan Requirements for FEMA Grants:

Conclusion

Serves as an example for developing policy, doctrine, and system

modifications to serve tribal nations

Capturing Lessons Learned and coordinating in real-time on

policy/program considerations and/or changes needed

internally

Our approach is tailored to meet cultural and political realities

A key to success is relationships and capacity building that

transcend this disaster (Both for the tribe and FEMA)

Program delivery is deliberate and lengthy to build knowledge

and internal processes within the tribe and FEMA

Presenter’s Name June 17, 2003

DR-4341-STOF

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Mitigation Plan Requirements for FEMA Grants:

Conclusion (Continued)

On the ground, the key has been highly-skilled staff (i.e. program

expertise and communication skills), continuity of staff, building

trust/relationships, and cultural sensitivity

All Staff that touch the disaster receive Tribe-specific Cultural

Awareness Training

Key players will remain the same throughout the process

(continuity is a key concern of the Tribe)

Delivering tailored training to Tribal Leadership/Staff in all key

program areas

Presenter’s Name June 17, 2003

Questions?

Jessica Specht

Office of Response and Recovery

202-212-2288

Jessica.Specht@fema.dhs.gov

212121

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