Tribal Declarations Pilot

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Clyde Copeland
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1 Tribal Declarations Pilot Update April 26, 2018 Jessica Specht Recovery Directorate Office of Response and Recovery 111

emergency or major disaster declaration independently of a state.

2 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. Presenter s Name June 17,

Implementation FEMA 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

3 Implementation FEMA is implementing SRIA s authority in three phases: Use of state regulations (January 29, 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. Presenter s Name June 17,

Tribal Major Disaster Declarations 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.

4 Tribal Major Disaster Declarations 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 *In addition, STOF was the first to receive an Emergency Declaration. 4 Presenter s Name June 17, 2003

5 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. TDPG Section III Pages Presenter s Name June 17,

6 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. TDPG Sections II & IV Pages 8 & 18 Presenter s Name June 17,

Stafford Act Assistance: Public Assistance Emergency Work A. Debris Removal B. Emergency Protective Measures Infrastructure Permanent Work C. Roads and Bridge Systems D. Water Control Facilities E.

7 Stafford Act Assistance: Public Assistance Emergency Work A. Debris Removal B. Emergency Protective Measures Infrastructure Permanent Work C. Roads and Bridge Systems D. Water Control Facilities E. Public Buildings / Equipment F. Public Utilities G. Other (Parks, Recreation, etc.) Cost Share for Public Assistance is 75% Federal, 25% Non-Federal. President is authorized to adjust this cost share. TDPG Section III Page 11 Presenter s Name June 17,

8 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. TDPG Sections VI & VII Pages 25 & 34 Presenter s Name June 17,

9 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. TDPG Section III Pages Presenter s Name June 17,

Declaration Request Process Incident Request must be submitted with 30 days of the incident Tribal Initial Damage Assessment FEMA-Tribal (State)

10 Declaration Request Process Incident Request must be submitted with 30 days of the incident Tribal Initial Damage Assessment FEMA-Tribal (State) PDA Tribal Chief Executive s Request FEMA Recommendation Presidential Determination TDPG Section VI Pages Presenter s Name June 17,

11 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. TDPG Section VI Page 24 Presenter s Name June 17,

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 -

12 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 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 & Presenter s Name June 17,

13 Seminole Tribe of Florida (STOF) Declarations 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,

14 DR-4341-STOF 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,

15 DR-4341-STOF 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,

16 DR-4341-STOF 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,

17 DR-4341-STOF 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,

18 DR-4341-STOF 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,

19 DR-4341-STOF 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 Mitigation Plan Requirements for FEMA Grants: 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,

20 DR-4341-STOF 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 Mitigation Plan Requirements for FEMA Grants: 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,

21 Questions? Jessica Specht Office of Response and Recovery Presenter s Name June 17,

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EMERGENCY MANAGEMENT. Implementation of the Major Disaster Declaration Process for Federally Recognized Tribes

EMERGENCY MANAGEMENT. Implementation of the Major Disaster Declaration Process for Federally Recognized Tribes United States Government Accountability Office Report to Congressional Requesters May 2018 EMERGENCY MANAGEMENT Implementation of the Major Disaster Declaration Process for Federally Recognized Tribes