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Disaster Declarations

Learn about Tribal authority for disaster declarations, federal frameworks, and processes for requesting emergency declarations.

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Disaster Declarations

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  1. Disaster Declarations [name of speaker] [title of speaker] [date] Photo Source: IStock.com/hxdbzxy

  2. Disclaimer The contents of this presentation have not been formally disseminated by the Centers for Disease Control and Prevention, ChangeLab Solutions, and the Center for Public Health Practice. The contents should not be construed to represent any agency/organization determination or policy. These presentation materials are for instructional use only and are not intended as a substitute for professional legal or other advice. While every effort has been made to verify the accuracy of these materials, legal authorities and requirements may vary from jurisdiction to jurisdiction and change over time. Always seek the advice of an attorney or other qualified professional with any questions you may have regarding a legal matter.

  3. Learning Objectives • Recognize the authority for Tribal declarations. • Define the federal framework for emergency declarations. • Describe the process for exercising the new authority for Tribal Nations to directly request a Presidential emergency or major disaster declaration, including the 2017 Federal Emergency Management Agency Tribal Declarations Pilot Guidance.

  4. Declarations Public Health Emergency Event Federal Declarations Mechanisms Authority for Tribal Declarations Tribal Constitution Tribal Code Inherent Authority Public Health Emergency Declaration National Emergencies Act Declaration Stafford Act Declaration Major Disaster Declaration Emergency Declaration Tribal Request State Request Tribal Request State Request

  5. Tribal Protection of Public Health Authority for Tribal Declarations Tribal Constitution Tribal Code Inherent Authority

  6. Emergency Declarations: Federal Framework Federal Declarations Mechanisms Public Health Emergency Declaration Stafford Act Declaration National Emergencies Act Declaration Major Disaster Declaration Emergency Declaration

  7. Stafford Act Declarations State Request Tribal Request A Tribal Nation may receive assistance from the federal government when a disaster or emergency overwhelms its resources Receive assistance under the Stafford Act: Tribal request (direct recipient) State request (sub-recipient) • The Governor can request for the state or local government

  8. Types of FEMA Assistance Available • Individual Assistance • Public Assistance • Hazard Mitigation Assistance

  9. Final Federal Emergency Management Agency Pilot Guidance • Published January 2017 • Follows 3 years of Tribal consultation • Significant changes made based on comments from Tribal Nations • Describes: • The process that Tribal governments will use to request Stafford Act declarations • The criteria FEMA will use to evaluate Tribal declaration requests and make recommendations to the President (pg. 34-39) • After pilot period, regulations will be issued,timing TBD

  10. Requirements for Disaster Assistance • Tribal Mitigation Plan (pg. 19-21) • Public Assistance Administrative Plan (pg. 21) • Hazard Mitigation Grant Program Administrative Plan (pg. 21-22) • Compliance with federal grants management regulations (pg. 23-24)

  11. Declaration Request Process Incident affects Tribal Government Tribal government activates Tribal emergency plan and dedicates resources to response. Tribal government collects initial damage estimatesIdentifies needs, seeks resources for unmet needs for non-Stafford Act assistance. Tribal government requests joint PDAsTribal government determines that unmet resources remain after other resources are exhausted. Tribal leadership (President, Chief Executive, etc.) requests joint PDA from its FEMA Regional Administrator to evaluate damage and potential need for Stafford Act assistance. Joint PDAs conducted. Tribal government reviews results of joint PDAsIf Tribal government determines Stafford Act assistance needed, tribal government then determines whether to submit request for Presidential declaration on its own or be considered part of state declaration. Sub-Recipient Direct Recipient

  12. Tribal Stafford Act Declarations: Sub-Recipient • Tribal government receives a sub-award from a pass through entity • Assists the state with application efforts

  13. Tribal Stafford Act Declarations: Direct Recipient • Tribal government receives the federal award directly from a federal agency • If the Tribal Nation decides to be a direct recipient of federal disaster assistance, the following steps must be taken: • Step 1: Chief Executive submits a declaration request within 30 days of incident to the President through the FEMA Regional Administer. Request based on damage assessment findings, describes disaster impacts, and specifies requested programs • Step 2: FEMA reviews requests and sends recommendation to President • Step 3: President makes a determination. FEMA notifies Tribal Chief Executive. Tribal government may appeal request if denied within 30 days of denial date, including supporting information

  14. Examples of Direct Tribal Declarations Under the Stafford Act

  15. Direct or Sub-Recipient Cost sharing 25% Impact on neighboring jurisdictions (meeting thresholds, keeping good relationships) Ownership and location of roads, bridges, building, etc. Responsibility for application and administration Scale of event Photo Sources: IStock.com/DivVector; IStock.com/Jane_Kelly ; IStock.com/chingraph; IStock.com/Passakorn_14; IStock.com/cnythzl

  16. Other Considerations • Reimbursement Timeline • Must pay expenses out-of-pocket • May take several years to receive reimbursement • How to Value Time and Materials Lost • Tracking volunteer time • Freezer contents, loss of gathering (e.g., elk, berries) • Newly Elected Tribal Council

  17. Tribal Leadership Responsibility • Decide to be a direct or sub-recipient • If direct, must make a request to the President Photo Source: IStock.com/Gajus

  18. Summary • The Tribal Chief Executive isresponsible for requesting an emergency declaration. • A Tribal Nation may be a sub- recipient or direct recipient of a Stafford Act Declaration. • The FEMA Tribal Declaration Pilot Guidance describes the process Tribal governments will use to request direct declarations, as well as the criteria FEMA will use to evaluate Tribal declaration requests and make recommendations to the President. Photo Source: IStock.com/nzphotonz

  19. Questions?

  20. Resource Library tlpp.pitt.edu

  21. Contact Tina Batra Hershey, JD, MPH Assistant Professor, Health Policy & Management Associate Director for Law and Policy, Center for Public Health Practice Graduate School of Public Health Adjunct Professor of Law University of Pittsburgh tbh16@pitt.edu For more information and resources, visit: tlpp.pitt.edu

  22. Acknowledgement Funding for this activity was made possible (in part) by the Centers for Disease Control and Prevention and ChangeLab Solutions under Cooperative Agreement Numbers NU38OT000307 and NU38OT000141.  The views expressed in written materials or publications and by the speakers and moderators do not necessarily reflect the official policies of the Department of Health and Human Services, nor does the mention of trade names, commercial practices, or organizations imply endorsement by the U.S. Government.

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