Upon completion of this lesson you should be able to identify some best practices for preparing to meet with tribal governments to discuss FEMA programs.

Click on this link to access a description of the disaster declaration process.

None of the affected tribes has received Federal disaster assistance before, so all of the tribes are unfamiliar with Federal assistance programs and how these work. Each tribe may have a different leadership structure and protocol for contacting and dealing with the leadership.

Audio Transcript

The President just issued a disaster declaration for 15 counties. Rising floodwaters are delaying Preliminary Damage Assessments, or PDAs, that usually take place before a disaster declaration. Five Indian reservations lie in the declared area.

The joint Federal-State PDA team has begun contacting local governments to collect damage information. The affected tribes lack resources to support emergency management programs, and have never received Federal disaster assistance. Currently, no tribal damage information is being captured in PDA data.

As they prepare to deploy to the Disaster Field Office, FEMA staff discuss plans to visit affected reservations and begin the disaster assistance process.

In this lesson, you will learn about making initial contacts with tribes and explaining disaster assistance and other Federal programs.

It’s important to remember the disaster declaration process and programs are new to most tribal governments, many of which have limited emergency management resources. The “state-centric” nature of legislation authorizing FEMA programs will likely result in new complexities for both the tribal governments and FEMA in providing disaster assistance in Indian Country.

As we’ve seen in previous Lessons, tribal governments have distinct cultures and governance structures. They may also face significant resource challenges under daily conditions and will therefore need extra assistance during disaster response and recovery.

In addition, classification of tribal land is more complex and some Federally Recognized tribal lands straddle state borders, and sometimes even international borders. 

Not all tribes have “reservations” – there are over 570 federally recognized tribes, but only 326 Indian land areas in the U.S. administered as federal Indian reservations. This means that not all tribes that request a disaster declaration have a clear community border defined for implementation of disaster programs. The names of these tribal communities can vary – reservations, pueblos, rancherias, missions, villages, or communities are the most common terms. These lands range in size from the 17 million-acre Navajo Nation Reservation located in Arizona, New Mexico, and Utah to a 1.32-acre parcel in California where the Pit River Tribe’s cemetery is located. Many of the smaller reservations are less than 1,000 acres.

It will be important to explain all the options that are available so tribal governments can make the best decisions for recovery program funding.

It will also be important to carefully help tribal governments understand the potential benefits and drawbacks of deciding to request a direct declaration or become a sub-recipient under a State declaration for any of the available programs and help them maximize disaster relief funding available to help them make their communities more resilient.

All of these factors will impact the success of providing assistance in both the pre- and post-disaster environment.

Ideally tribes should have emergency operations plans in place to guide response operations when something happens. Tribes also could be included in emergency management networks with local, State, and Federal partners where those relationships exist.

However, many tribal governments currently lack emergency management resources and training. To help build emergency management capability:

• Tribal representatives can take emergency management courses, including Incident Command System (ICS) courses and the EMI Tribal Curriculum - a series of five (5) classroom courses designed specifically for tribal governments to help them build and improve emergency management capabilities.
• Tribal representatives can also contact the FEMA Regional Tribal Liaison to inquire about any technical assistance or FEMA programs available to develop emergency operations, Continuity of Operations or Hazard Mitigation plans, participation in programs such as the National Flood Insurance Program (NFIP), conduct a hazard identification and risk assessment, and possibly help identify funding and technical assistance needed to develop their ability to carry out preparedness, response, hazard mitigation and recovery operations and functions for more community resilience.

Tribal governments are prepared for disasters.

Tim Sanders, Emergency Manager, Gila River Indian Community

Tribal government does take their responsibility to their members very, very seriously. Our program at Gila River is set up so that we provide individual and family assistance on a routine basis for these emergency situations, so we'll actually fund repairs to homes, put people up in temporary housing and things like that. We take care of the individuals and families and we take care of the tribal infrastructure.

Lawrence Lucero, Elected Official, Isleta Pueblo

And I would hope that funding for planning would be made available and providing technical assistance to tribes so that the Federal Government, which is FEMA, could also fulfill that part of their trust responsibility to making sure that tribes are prepared for disasters in the event that they were to occur.

A condition of Federal assistance is that a tribe must be federally recognized. The tribal status needs to be determined before initial contacts are made.

Each FEMA Region has at least one Regional Tribal Liaison who can provide information needed on tribal federal recognition and other information on tribes in their region. 

Click on the Tribal Contacts link to view a list of the Tribal Liaisons. 

The Bureau of Indian Affairs (BIA) list records recognized tribes, and updates the list regularly. Listed tribes are:

• Granted status as sovereign nations.
• Included in the U.S. Government Federal trust responsibility.

Click on this link to access more information about Federal recognition and trust responsibility.

Tribes determine how to organize their governments and they also determine who  can be a member of their Tribe.   Do not assume someone is or is not a Native American based on appearance. A Native American is someone who:

• Has a quantum, or percentage of Indian blood set by an individual tribe as the criterion for membership;
• Can track their history to a certain time frame; or,
• Is recognized by that tribe as a member by other criterion.

If you have Native American ancestry, remember that ancestry alone does not make you a tribal member. Therefore, avoid reference to your heritage when representing your agency unless asked by a Tribal member.

While the tribal leadership has authority over what decisions the tribe will make regarding FEMA programs, your first contact with the tribe will likely be with the tribe’s designated emergency manager or response personnel.

To prepare for your first meeting:

• Contact the FEMA Regional Tribal Liaison, FEMA National Tribal Affairs Advisor, or others experienced in working with tribes and ask for help arranging the meeting. These resources can also help with questions about tribal protocol.
• Review information about the tribe. Tribal Web sites describe tribes and identify current leaders. Many tribes have publications that they are pleased to share upon request.
• Respect tribal protocol. Every tribe has a procedure for contacting and arranging meetings with tribal officials.

Elected tribal leaders may make all significant decisions for tribes at face value, however there may be other considerations that will not be discussed with those outside of the Tribe. Factors to remember when discussing issues or proposals with the leadership are:

• Respect for tribal sovereignty is the key to successful relations.
• Council resolutions are the means used to establish emergency management programs and authorize actions related to disaster assistance, hazard mitigation, and other programs.
• Tribal lawyers attend most council meetings, and can advise on resolutions and other legal matters.
• Meetings of tribal governing bodies proceed deliberately and address issues that may have higher priority to the tribe than emergency management or disaster matters.
• Tribes work on their own timetable. It is important for tribes to get to know you before doing business with you. This can result in the extension of normal deadlines.
• Elected officials may also seek consultation with tribal elders before entering any agreement or passing resolutions.  This affords the officials the opportunity to obtain historical information that may not be available in tribal written archives.

It's important to remember that the Sandy Recovery Improvement Act of 2013 amended the Stafford Act to give federally recognized tribes the option to either be included in a state request for disaster declaration or go directly to FEMA and the President to request disaster declaration.

Tribes will likely need information about the declaration process, types of assistance available, and how to apply for disaster assistance either under a state declaration request or a request directly to FEMA and the President.

Working with the Regional Tribal Liaison will be critical at this point to ensure that you:

• Explain that as a Federal employee, you cannot go beyond the authority granted you by your agency and the law.
• Assure the tribal leadership that all programs and assistance will be delivered to the full extent possible, and that after there is a declaration, FEMA will communicate with the tribe on a government-to-government basis.

Tribal officials need to understand what disaster assistance can and cannot do. Be sure to make the following points when explaining disaster assistance:

• Disaster assistance is limited to repairing damage from this event only. Pre-existing damage is not eligible.
• Facilities owned by other Federal agencies, such as the Bureau of Indian Affairs, will not be eligible for repair or replacement. An exception to this is that roads owned by the Bureau of Indian Affairs are eligible for disaster assistance. 
• The tribe will be responsible for proper grant administration and management to meet their legal requirements as a grant recipient or sub-recipient under the Stafford Act.

Explanation and discussion of all disaster assistance expectations will be key to the successful implementation to help the tribe make sound and informed decisions that will impact the current and future disaster recovery efforts.

Before proceeding to the next lesson, you may want to review the following Web links:

• FEMA's Tribal Web site
• American Indian and Alaska Native Data and Links
• Tribal Directory
• Robert T. Stafford Disaster Relief and Emergency Assistance Act
• Sandy Recovery Improvement Act of 2013

Increase your knowledge by reading books and materials about Indian people and their culture. Suggestions:

1. Adams, David Wallace. Education for Extinction: American Indians and the Boarding School Experience, 1875-1928. Univ Pr of Kansas, October 30, 1995.
2. Beall, Merrill D. I Will Fight No More Forever: Chief Joseph and the Nez Perce War. University of Washington Press, 1963.
3. Brown, Dee. Bury My Heart At Wounded Knee. Holt, Reinhart and Winston, 1970.
4. Canby, William C. American Indian Law in a Nutshell. West Group, St. Paul, Minnesota, 1998.
5. Clifton, James A. Being and Becoming Indian. The Dorsey Press, Chicago, 1989.
6. Deloria, Vine, Jr. Custer Died For Your Sins. University of Oklahoma Press, Norman and London, 1969.
7. Dooling, D.M., and Paul Jordon-Smith (editors). I Become Part of It: Sacred Dimensions in Native American Life. Parabola Books, New York, 1989.
8. Dunbar-Ortiz, Roxanne. An Indigenous Peoples’ History of the United States (ReVisioning American History). Beacon Press, August 11, 2015.
9. Dunbar-Ortiz, Roxanne. All the Real Indians Died Off and 20 Other Myths about Native Americans. Beacon Press, October 4, 2016.
10. Eastman, Charles Alexander. The Soul of an Indian. The Classic Wisdom Collection, New World Library, San Rafael, California, 1993.
11. Echo-Hawk, Walter. In the Courts of the Conqueror: The 10 Worst Indian Law Cases Ever Decided. Fulcrum Publishing, July 1, 2012. 
12. Erdoes, Richards, and Alfonso Ortiz (editors). American Indian Myths and Legends. Pantheon Books, New York, 1984.
13. Fleming, Walter C. The Complete Idiot’s Guide to Native American History. ALPHA; 1 edition (April 1, 2003)
14. Hultkrnatz, Ake. Native Religions of North America. Harper and Row, San Francisco, 1987.
15. Keown, Larry D. Working in Indian Country: Building Successful Business Relationships with American Indian Tribes. Banyan Tree Press, October 29, 2010.
16. Lincoln, Kenneth. The Good Red Road. Harper and Row Publishers, San Francisco, 1987.
17. Neihardt, John G. Black Elk Speaks. University of Nebraska Press, Lincoln, 1959.
18. Neihardt, John G. Twilight of the Sioux. University of Nebraska Press, Lincoln, 1971.
19. Padden, R.C. Hummingbird and the Hawk.
20. Pevar, Stephen L. The Rights of Indians and Tribes: The Authoritative ACLU Guide to Indian and Tribal Rights. Southern Illinois University Press, November 1, 1991.
21. Ross, A.C. Mitakuye Oyasin: We Are All Related. Bear Press, 1990.
22. Russell, George. American Indian Facts of Life: A Profile of Today's Population, Tribes and Reservations. Phoenix, AZ, Native Data Network, 2004.
23. Sale, Kirkpatrick. The Conquest of Paradise. Knoph Press, New York, 1990.
24. Treuer, Anton. Everything You Wanted to Know About Indians But Were Afraid to Ask. Borealis Books, May 1, 2012.
25. Weatherford, Jack. Indian Givers: How the Indians Transformed the World. Fawcett Columbine, New York, 1988.
26. Weatherford, Jack. Native Roots: How the Indians Enriched America. Fawcett Columbine, New York, 1991.
27. Wilkinson, Charles. Blood Struggle: The Rise of Modern Indian Nations. W.W. Norton & Co., New York, 2005.
28. Wolfson, Evelyn. Growing Up Indian. Walker and Company, New York, 1986.

Now that you've completed this lesson, you should be able to identify some best practices for preparing to meet with tribal governments to discuss FEMA programs.

In the next lesson, you will learn about issues related to delivering Individual Assistance programs to tribal communities.