To receive a direct tribal declaration, the Tribal government follows this Declaration Request Process:

1. Tribal Government Activates the Tribal Emergency Plan: If an incident affects the Tribal government, the Tribal government activates the Tribal emergency plan and dedicates resources to response activities.

2. Tribal Government Conducts Initial Damage Assessment: The Tribal government collects initial damage estimates to identify needs; seeks resources for unmet needs from non-governmental organizations, other Tribal governments or organizations, State and local governments, and Federal agencies for non-Stafford Act assistance.

3. Tribal Government Requests Joint Preliminary Damage Assessment: If the Tribal government determines that needs remain after all other resources are exhausted, the Tribal Chief Executive requests a Joint Preliminary Damage Assessment from the FEMA Regional Administrator to evaluate damages and potential need for Robert T. Stafford Act assistance.

4. Tribal Government Reviews Results of Joint Preliminary Damage Assessment: If the Tribal government determines Stafford Act assistance may be needed, the Tribal government should then determine whether to submit a request for a Presidential declaration on its own or to be considered part of a State declaration request.

5. Tribal Chief Executive Submits a Declaration Request: The Tribal Chief Executive submits a declaration request within 30 days of the end of the incident period to the President, through the FEMA Regional Administrator. The request is based on damage assessment findings, describes impacts of the disaster, and specifies requested programs, among other requirements. The tribe may request one or more extensions to the deadline as long as the request is submitted within 30 days of the end of the incident period and a reason for the delay is provided.

6. FEMA Reviews the Declaration Request: FEMA reviews the request and sends its recommendation to the President.

7. President Makes a Determination: FEMA notifies the Tribal Chief Executive of the President's decision. If the President denies the request or denies part of the request, then the Tribal government may appeal. The appeal should be submitted within 30 days of the date of the denial and should include additional information to support the appeal.

Tribal governments can request technical assistance to complete the required forms through the Regional Administrator. The documentation required to submit when requesting a major disaster declaration includes:

• FEMA Form 010-0-13: Request for Presidential Disaster Declaration: Major Disaster or Emergency (OMB Control Number 1660-009).
• Minimum necessary information and certifications legally required by the Robert T. Stafford Act and must be signed by the Tribal Chief Executive or his/her authorized designee
• Incident Period (Number 7 on FEMA Form 010-0-13)
• Time interval during which the incident occurs.
• Generally, a narrow timeframe
• Disaster assistance will not be made available for damage that occurs outside of the incident period
Tribal Declaration Request Cover Letter in support of the Chief Tribal Executive's request

• Incident Type (Number 7b on FEMA Form 010-013)
• Category of event meeting the Robert T. Stafford Act definition of a major disaster or emergency which caused the damage (e.g. severe storms, flooding, mudslides)
• FEMA cannot make a recommendation if incident type has not been identified
• Description of Resources Committed to Disaster Response and Recovery (Number 9 on FEMA Form 010-0-13)
• Include information describing Tribal resources that have been or will be committed to alleviating the results of the disaster

• Types of Assistance Requested (Number 11 on FEMA Form 010-0-13)
• Chief Executive must provide information indicating the types of Federal assistance needed. FEMA programs should be specifically requested
  
• Chief Executive may request all or selected programs associated with Individual Assistance and/or all or selected categories of work for Public Assistance
  
• Chief Executive should include a statement that a Joint Preliminary Damage Assessment was requested, when it was completed, and a description of the damage
  
• The results of the Joint Preliminary Damage Assessment should be submitted with the request
  
• Assistance from Other Federal Agencies (Number 13 on FEMA Form 010-0-13)
• Include information describing other Federal agency resources used in responding to the incident
  
• Describing the scope of the response and recovery effort ensures that Robert T. Stafford Act assistance does not duplicate resources

• Finding that the Event is Beyond the Capability of the Tribal Government (Number 14a on FEMA Form 010-0-13)
• The situation is of such severity and magnitude that effective response is beyond the capability of the Tribal government
• Support the Chief Executive's finding that the Tribal government's capabilities are overwhelmed and explain why supplemental Federal assistance is needed
• Direction of the Tribal Emergency Plan (Number 14b on FEMA Form 010-0-13)
• Confirmation that the Chief Executive has taken appropriate action under Tribal law and directed the execution of the Tribal emergency plan, and the date on which the Chief Executive directed execution of the plan

Tribal governments that elect to seek Public Assistance through a State declaration can choose to receive assistance either as a Recipient or an Applicant.

As a Recipient under a state, the Tribal government will work directly with FEMA, largely without State involvement, and will be subject to all the responsibilities of a Recipient, which include:

• Signing a FEMA-Tribe agreement
• Financial and grants management requirements
• Compliance with the Robert T. Stafford Act, FEMA's regulations, and all other applicable laws
• Monitoring Applicants
• Meeting the non-Federal cost share requirement

As an Applicant, the Tribal government will coordinate with the State to apply for assistance and receive reimbursement.

The FEMA-Tribe Agreement contains the understandings, commitments, and conditions under which FEMA's disaster assistance will be provided. No disaster funding or Direct Federal Assistance will be authorized until the FEMA-Tribe Agreement has been signed. Terms and conditions include, but are not limited to:

• Incident period
• Incident type
• Areas designated; if applicable
• Programs authorized
• Cost share provisions
• Designation of Tribal Coordinating Officer and Tribal Chief Executive's Authorized Representative(s)
• Requirements that the Tribal government follow all program eligibility requirements

This agreement is signed by the FEMA Regional Administrator, or his/her designee, and the Chief Executive of the Tribal government, and can be amended after signed.

The Tribal Recipient must submit an Application for Federal Assistance (SF-424) and Assurances (SF 424-D) before FEMA provides assistance.

The Public Assistance program provides funding, typically through reimbursement, for emergency work and/or permanent work, including the repair, replacement, or restoration of disaster-damaged, government-owned/operated facilities and the facilities of certain private nonprofit organizations.

A Tribal Government may elect to be an Applicant under a State declaration. The Recipient distributes the funds to the appropriate Applicant.

If electing to be an Applicant under a State declaration, the Tribal government may be eligible to receive Public Assistance permanent work through the State and may also be eligible to receive Hazard Mitigation Grants Program funds for planning grants without a Tribal Mitigation Plan. Applicant Tribal governments are not required to have a Public Assistance Administrative Plan.

The Exploratory Call is the first opportunity to establish a relationship between the Recipient and FEMA. It sets the foundation for the Recipient to have an efficient and successful Public Assistance grant process.

For more information, refer to the IS-1003 Exploratory Call course.

To receive FEMA assistance, tribes must document their disaster-related damage in a process called a preliminary damage assessment (PDA). Tribes have the option to participate in the PDA process in different ways:

1. State declaration approach: When a tribe wants to participate in a state Presidential disaster declaration, it should coordinate with the state; it should send initial damage assessment data to the state for verification before participating in a joint PDA with FEMA and the state.

2. Tribal declaration approach: When a tribe wants its own Presidential disaster declaration, it should request a joint PDA request directly from FEMA.

3. Approach unclear: When a tribe is unsure how it wants to proceed, it should strongly consider participating in the state PDA process, knowing it could decide to request its own joint PDAs and Presidential disaster declaration at all times.

The Applicant is required to identify and report all of its disaster-related damage, Emergency Work activities, and debris quantities to FEMA within 60 days of the Recovery Scoping Meeting. FEMA may extend the deadline for identifying and reporting damage if the Recipient submits a request in writing with justification based on extenuating circumstances beyond the Recipient's or Applicant's control. For example, if a site is inaccessible, FEMA may extend the deadline for that site.

Documentation required to support the damage claim includes:

• Documentation to support legal responsibility (e.g. deeds, titles, etc.)
• Photographs of debris impacts or facility damage
• Estimated costs
• Summary of insurance coverage
• Records demonstrating immediate threat (e.g. technical reports, safety inspector report, etc.)
• Detailed description of damage with specific dimensions
• Documentation supporting pre-disaster condition of facility (e.g. facility maintenance records, inspection/safety reports)

To make a recommendation to the President for whether or not to make a declaration, FEMA uses data from joint PDA's and from the tribal declaration request package to evaluate the following factors and determine whether an event has overwhelmed the capabilities of the Tribal government and that Robert T. Stafford Act assistance is necessary:

• Minimum Damage Amount
• Impacts on the communities

Absent extraordinary circumstance, FEMA will consider a declaration request from a Tribal government only if it is determined that there was impact from the damage and the Tribal government sustained at least $250,000 in Public Assistance-eligible estimated damages or costs, not including damage covered by insurance.

Alternatively, if a tribe chooses to request assistance under a state declaration, it must reach the damage cost indicator (i.e., per capita indicator) of a typical declared area (i.e., county, parish, borough, municipality) to be a declared entity under the state declaration.

When a Tribal government elects to request a Presidential declaration on its own or serve as a Recipient as part of a State declaration, a FEMA-approved Mitigation Plan is required prior to receiving Hazard Mitigation Grant Program assistance or Public Assistance permanent work (Categories C-G).

Absent extraordinary circumstances, FEMA will consider a declaration request from a Tribal government only if it is determined that the tribe sustained at least $250,000 in Public Assistance eligible estimated damage or costs.

• The impacts from the incident are consistent with the factors FEMA uses to make recommendations to the President
• Unmet needs can be addressed by other resources, such as insurance, non-governmental organizations, or assistance from other Tribal governments and/or organizations

The Tribal government will also need to document Category Z, Section 324 Management Costs (such as indirect costs, administrative expenses, and other expenses) incurred by the Recipient in administering and managing Public Assistance awards not directly chargeable to a specific project.

Regarding potential cost share adjustments, the Tribal government should note that:

• If Federal disaster obligations meet or exceed the per capita requirement (updated annually for inflation), FEMA will recommend that the President increase the Federal Public Assistance cost share from 75% to not more than 90%
• The tribe's population on or near Tribal lands determines per capita calculations. If warranted by the needs of the disaster FEMA may recommend up to 100% Federal funding for emergency work, including direct federal assistance, for a limited period in the initial days of a disaster, regardless of the per capita impact. 

The Tribal government will be responsible for the distribution and oversight of funding that FEMA obligates to the disaster, including compliance with Records Management and Auditing Requirements.

• Develop Public Assistance projects
• Participate in environmental and historic preservation reviews
• Identify and implement eligible mitigation projects
• Submit grant applications for desired Individual Assistance programs
• Identify a Hazard Mitigation Officer to administer the Hazard Mitigation Grant Program
• Identify a liaison to work with a FEMA Disability Integration Advisor

As an Applicant to a State, the Tribal government will have the following considerations:

• Shared non-Federal cost share with Recipient
• Reduced administrative responsibilities. The Recipient does the following:
• SF-424
• Mitigation plan
• Public Assistance Administrative Plan
• Close out monitoring

 In addition, Applicants may:

• Be able to receive Public Assistance permanent work through the State without a Mitigation Plan
• Be able to receive Public Assistance without a Public Assistance Administrative Plan