Lesson 3 Overview and Objectives

This lesson covers the administrative responsibilities for Tribes applying for Public Assistance grant funding.

At the end of this lesson, participants will be able to:

Describe the administrative responsibilities for direct Tribal declarations
Describe the administrative responsibilities for a State declaration as a Recipient or an Applicant

FEMA-Tribe Agreement (1 of 2)

After every Emergency or Major Disaster declaration, FEMA and the Tribal government receiving the declaration enter into a FEMA-Tribe Agreement signed by the FEMA Regional Administrator or his/her designee, and the Chief Executive of the Tribal government. Tribes acting as Recipients under a state declaration must also sign a FEMA-Tribe Agreement.

The 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.

Sioux Tribal Council and FEMA representative together to commemorate ten years of the FEMA-Tribal Relations Policy

FEMA-Tribe Agreement (2 of 2)

FEMA-Tribe Agreement 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)
Requirement that the Tribal government follow all program eligibility requirements

Once signed, the FEMA-Tribe Agreement can be amended upon agreement of FEMA and the Tribal government.

Tribal President signs FEMA-Tribe Agreement

Public Assistance Administrative Plan

Tribal Recipients must develop a disaster-specific Public Assistance Administrative Plan regardless of whether they are under a state declaration or have their own declaration. Technical Assistance may be requested through the Regional Administrator to develop the plan.

The plan must:

Designate the Tribal agency which will act as the Recipient
Describe the staffing plan, including management and oversight responsibilities
Detail procedures for processing project appeal requests and requests for time extensions
Describe procedures to comply with the administrative requirements of 44 C.F.R. 206.207(b) and 2 CFR Part 200

FEMA has a Public Assistance Administrative Plan Template for Tribal Governments. Tribal Applicants do not need a Public Assistance Administrative Plan.

Applicant takes notes after reading the Public Assistance "Green Sheet."

Administrative Responsibilities for State Declarations as a Recipient or Applicant

If a Tribal government elects to seek Public Assistance through a State declaration, they can choose to receive assistance as either an Applicant or a Recipient.

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

As a Recipient, the Tribal government will work directly with FEMA. As a Recipient, the Tribal government will be required to sign a FEMA-Tribe Agreement and subject to all the responsibilities of a Recipient.

FEMA representative shares updated information with the team.

Responsibilities of a Tribal Recipient

The responsibilities of a Tribal Recipient include:

FEMA-Tribe Agreement
Public Assistance Administrative Plan
All financial and grants management requirements
Ensuring compliance with the Stafford Act, FEMA's regulations, and all other applicable laws
Monitoring any Applicants
Meeting the non-Federal cost share requirement
Having an approved Tribal Mitigation Plan if receiving Public Assistance Permanent Work

The Tribal government is accountable for all statutory and regulatory requirements for funds dispersed to or through the Tribal government for that program.

Recipient and Applicant grant management requirements are outlined in other courses such as "1009 - Conditions of the Public Assistance Grant."

Public Safety meeting with public officials and FEMA representatives

Mitigation Plans (1 of 2)

A Tribal government must have a FEMA-approved Mitigation Plan that meets the requirements in 44 CFR 201.7 to receive disaster funding for the Hazard Mitigation Grant Program and Public Assistance Categories C-G, if serving as a Recipient.

For more information on mitigation planning requirements, see FEMA’s Tribal Mitigation Plan Review Guide.

A group of FEMA representatives and Navajo Nation members together at a table after signing FEMA-Tribe Agreement.

Mitigation Plans (2 of 2)

After a disaster declaration, the Tribal Recipient has 30 days to submit an approved plan. An "approved plan" is a Mitigation Plan that a Tribal government has adopted and FEMA has reviewed and approved. The Tribal government may request an extension of up to 90 days to submit an approved plan. Technical Assistance may be requested through the Regional Administrator to develop the plan.

During this period of up to 120 days, the Tribal Recipient may work with FEMA to develop Public Assistance projects. If no Tribal Mitigation Plan is approved within this timeframe, then FEMA will stop work on any Public Assistance Category C-G projects under development. Without a Tribal Mitigation Plan, funding for Hazard Mitigation Grant Program and Public Assistance Categories C-G will not be made available. Tribal Applicants do not need a Mitigation Plan to receive Public Assistance.

Disaster Plan on a clipboard on a table: Insurance, Inventory, Documents, Backup, Cash. There are green checkmarks next to Insurance, Inventory, and Documents.

Payment Forms

In order to receive funding from FEMA, tribal Recipients need to register with the Payment Management System and complete a Direct Deposit form.

Payment Management System Access Form:

The Payment Manage System is managed through the U.S. Department of Health and Human Services. The application can be coordinated through the Regional Grants Division.

Select the link to access the Payment Management System Access Form.

Direct Deposit Form:

The Direct Deposit Form is used to deposit directly into a bank account.

Select the link to access the Direct Deposit Form.

Financial Reports

The Tribal Recipient should submit a complete and accurate Federal Financial Report to the FEMA Regional Office 30 days after the end of the first federal fiscal quarter following the federal award date for each program.

After the Tribal Recipient has submitted all payments of claim information and certifications as required in applicable regulations, they should note in the remarks section of its next quarterly financial report:

That the report represents the final expenditures for a particular Applicant
The name of that Applicant (in many cases the Applicant will be a tribal government agency or organization)
The date on which the Recipient submitted to FEMA a payment of claim for each of that Applicant's approved projects, or reference to other documents submitted to FEMA that includes this information

The Tribal Recipient should submit a complete and accurate final Federal Financial Report, no later than 90 days after each program's federal grant award performance period expiration date. This report is the final expenditure report reflecting the Tribal government's total expenditures by program under the federal award for the disaster or emergency.

Lesson 3 Summary

In this lesson, participants learned how to:

Describe the administrative responsibilities for direct Tribal declarations
Describe the administrative responsibilities for a State declaration as a Recipient or an Applicant

The next lesson provides an overview of the geographic considerations Tribes should understand when applying for Public Assistance as a Recipient directly through the Federal government.