FEMA Supports Legislative Change to Allow Tribal Governments to Directly Apply for Federal Disaster Aid 

Release Date: June 12, 2012
Release Number: HQ-12-042

WASHINGTON, D.C. — FEMA Administrator Craig Fugate released a letter of support for specific legislation in both the United States Senate and House of Representatives that would allow federally recognized tribal governments to make a request for a federal emergency or disaster declaration directly to the President. In December last year, FEMA announced its support to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to allow tribes to make a request directly to the President for declarations. Currently, only states and their governors can make such requests.

“Our country’s tribal nations and leaders are an integral part of our national fabric,” said Fugate. “FEMA is committed to supporting Indian Country in its efforts to build resilient communities that are prepared for all hazards.”

Currently, the law states that only the governor of an affected state can request a major disaster or emergency declaration from the President under the Stafford Act. Federally recognized tribes are excluded from making such a direct request for a Presidential declaration and must make a request through the state or states in which they are geographically located.

This process, however, limits FEMA from effectively working with federally recognized tribes on a government-to-government basis. To improve the way we serve and engage the entire community in emergency management, FEMA and the Obama Administration support a legislative change to the Stafford Act that would authorize tribal governments to make requests directly to the President for a federal emergency or disaster declaration. Additionally, FEMA supports a legislative change that would also give tribal governments the option to receive assistance as they do presently, as part of a declaration for a specific state.

Legislative proposals to change the Stafford Act in favor of this amendment have been introduced in both the United States Senate and the United States House of Representatives. If passed, such an amendment would acknowledge the right of federally recognized tribes to ask for direct assistance in a major disaster scenario, enhance FEMA’s working relationship with tribal governments, and improve emergency and disaster responsiveness throughout Indian Country.

FEMA affirms its commitment and is actively working with Indian Country and our Congressional partners to support and facilitate the passage of such a change in the law. FEMA Administrator Fugate has conducted listening sessions and has committed to reviewing all existing Agency policies and programs to ensure tribal concerns are addressed. This support for an amendment to the Stafford Act, allowing for direct tribal government emergency and major disaster declaration requests, is a result of the President’s focus on working more closely with tribes on disaster relief.

FEMA’s mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.

Last Modified: Tuesday, 12-Jun-2012 13:26:24