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
212121
222222