Tribal Disaster Risk and Selected Federal Resources

Tribal Disaster Risk and Selected Federal Resources

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July 27, 2023
Tribal Disaster Risk and Selected Federal Resources
Overview
of the highest responsibility and trust” toward tribes
Many federally recognized tribes are vulnerable to natural
(Seminole Nation v. U.S., 316 U.S. 286, 296-297 (1942)).
hazards and may face particular risks in the face of disasters
Many tribes are vulnerable to natural hazards because they
of increasing severity, frequency, and cost. Congress has
are located in places that are susceptible to natural hazards
authorized specific programs, and appropriated funding, to
and they face challenges accessing federal resources. As a
assist tribes with disaster mitigation, response, recovery,
result, disasters may disproportionately affect these tribes.
and relocation. This In Focus describes selected federal
The following highlights selected federal programs, by
programs and recurring challenges for addressing tribal
agency, that may assist tribes in addressing this risk.
disaster risk.
Department of the Interior’s Bureau of Indian
Natural Hazards and Disaster Risk
Affairs
The following definitions provide context for this product’s
The Bureau of Indian Affairs (BIA) plays a leading role in
discussion of tribal disaster risk:
carrying out federal trust, treaty, and other responsibilities
•
to federally recognized tribes. In recent years, Congress has
Natural hazards are hazards caused by events including,
provided BIA with natural hazard-related funding in annual
but not limited to, severe storms, tropical cyclones,
and supplemental appropriations acts. Some programs
drought, wildfires, extreme temperatures, floods,
focused on climate change may help tribes mitigate disaster
erosion, volcanic eruptions, tsunamis, and earthquakes.
risk. The following two programs also may help tribes
•
prepare for and respond to natural hazards:
Disaster Risk is often expressed as a function of the
frequency, duration, and intensity of hazards (e.g.,
• BIA’s Emergency Management Program coordinates
extreme rainfall) along with an individual or
with interagency partners and tribes on tribal disaster
community’s exposure (e.g., development along coastal
preparedness, planning, response and recovery, and
areas) and vulnerability (e.g., low socioeconomic status
continuity of operations. It also provides technical
or inadequate building standards). See Figure 1 for the
assistance to tribes, such as trainings.
disaster risk components.
•
Figure 1. Disaster Risk
BIA’s Tribal Climate Resilience Program enables tribal
climate preparedness and resilience through technical
(disaster risk as defined through the combination of hazard,
and financial assistance, access to scientific
exposure, and vulnerability)
resources, and educational opportunities. Federal
funding supports tribal resilience and adaptation
activities, including relocation.
Department of Homeland Security’s Federal
Emergency Management Agency
The Robert T. Stafford Disaster Relief and Emergency
Assistance Act (Stafford Act; P.L. 93-288, as amended)
authorizes the Federal Emergency Management Agency
(FEMA) to deliver assistance following a presidential
declaration of emergency or major disaster, including
• Public Assistance, through which FEMA provides
grants and direct assistance to state, tribal, territorial,

and local governments and certain private nonprofits for
Source: CRS adapted from the World Bank.
urgent emergency response and long-term recovery and
rebuilding;
Selected Federal Agencies That Address
Tribal Disaster Risk
• Individual Assistance, through which FEMA provides
As of 2023, the United States has a government-to-
financial and/or direct assistance to affected individuals
government relationship with 574 federally recognized
and households, including Housing Assistance and
tribes. These tribes are eligible to receive funding and
Other Needs Assistance, among other things; and
services from the federal government due to the federal
•
trust responsibility, which is a legal obligation under which
Hazard Mitigation Assistance, through which FEMA
the United States “has charged itself with moral obligations
administers four programs to reduce the impact of future
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Tribal Disaster Risk and Selected Federal Resources
natural hazards: (1) Hazard Mitigation Grant Program
to bear a larger share of the costs of certain forms of
(HMGP); (2) Building Resilient Infrastructure and
disaster assistance. As of July 2023, FEMA has not yet
Communities (BRIC); (3) Flood Mitigation Assistance
initiated these rulemakings.
Grant Program (FMA); and (4) Safeguarding Tomorrow
Revolving Loan Fund Program (STRLF).
In 2022, FEMA released its inaugural National Tribal
Strategy following outreach with tribes. FEMA reported in
Federally recognized tribes can apply for funding from
the strategy that it will initiate a study on tribal capacity,
these programs as applicants or as sub-applicants through
develop tribal-specific guidance and resources for technical
states. Moreover, BRIC funding includes a tribal set-aside,
assistance, establish an internal Tribal Affairs Work Group,
in addition to the state/territory allocation and national
and adapt FEMA training opportunities to tribal nations.
competition. For more information on these authorities and
programs, see CRS Report WMR10001, CRS Guide to
Key Policy Issues and Options
Federal Emergency Management.
Tribal Sovereignty. Congress may consider options for
addressing tribal disaster risk, such as whether such efforts
Policy Changes Promoting Tribal Access
should be addressed by federal agencies and/or tribes
to FEMA Assistance
themselves. The Indian Self Determination and Education
In the last few decades, Congress has acted to improve how
Assistance Act (ISDEAA; P.L. 93-638) outlined
tribal governments and communities may receive federal
congressional policy on tribal self-determination, including
disaster assistance, including by authorizing the President to
the “effective and meaningful participation by the Indian
issue Stafford Act declarations for federally recognized
people in the planning, conduct, and administration of”
tribes.
federal programs and services. ISDEAA enables tribes to
manage certain federal programs with federal funds under
Stafford Act Tribal Declarations
contracts or compacts. Under ISDEAA, tribes can conduct
In 2012, the National Congress of American Indians, other
certain agency activities that otherwise would be conducted
tribal leaders, and some Members of Congress raised
by federal agencies, including BIA. Thus, Congress may
concerns regarding how tribes were able to receive
consider encouraging BIA to distribute funding directly to
assistance under the Stafford Act. At the time, a governor
tribes for their efforts to address disaster risk.
had to request, receive, and administer assistance for tribes
within the state/territory’s jurisdiction, as the Stafford Act
Equity. Tribes in different parts of the country have
defined—and effectively treated—tribal governments as
different needs and risk profiles. Congress may consider
“local governments,” without acknowledgment of tribal
equitable ways to provide tribes with federal resources for
sovereignty. In 2013, Congress enacted the Sandy Recovery
disaster preparedness, recovery, and mitigation, including
Improvement Act (SRIA; Division B of P.L. 113-2), which
simplifying requirements for federal grants provided to
allowed federally recognized tribes to request and receive
tribes.
their own Stafford Act declarations and receive FEMA
assistance directly. Thus, current law allows federally
Funding and Capacity. Increasingly expensive and
recognized tribes to either request and receive independent
persistent natural hazards have resulted in capacity
declarations (42 U.S.C. §5170(b); 42 U.S.C. §5191(c)) or
constraints for tribal communities, especially small or
request and receive assistance through a state/territorial
remote tribes with limited financial resources, personnel,
government (42 U.S.C. §5170(a); 42 U.S.C. §5191(a)).
and experience navigating federal programs, including
those involving Stafford Act declarations. Additionally,
FEMA Implementation of Authorities
tribes have reported that the nonfederal cost-share
Following the enactment of SRIA, FEMA solicited input on
requirements in federal assistance programs such as FEMA
the implementation of tribal declarations from tribal
Public Assistance, Individual Assistance for Other Needs,
governments through government-to-government
and BRIC may inhibit their ability to pursue federal disaster
consultations. In 2017, FEMA released guidance for
relief. Congress could consider several options, including
implementing tribal declarations during a pilot period,
decreasing the nonfederal cost share or increasing financial
which remains effective until FEMA implements this
support or technical assistance for vulnerable tribes.
authority through rulemaking. FEMA’s guidance for tribal
declarations modifies its standard procedures, including by
Congress also may consider whether the existing federal
(1) using lower cost and damage thresholds when
capacity and resources are sufficient and flexible enough to
evaluating the need for Public Assistance for tribes and (2)
address disaster risk, especially for time-sensitive
using different factors when evaluating a tribal chief
situations, and whether current appropriations meet the
executive’s request for Public and Individual Assistance,
needs of tribes.
including by incorporating factors relevant to tribes that are
based on their remote locations, the disaster’s impact on the
Mariel J. Murray, Specialist in Natural Resources Policy
tribal government’s economy or livelihood, and cultural
Diane P. Horn, Specialist in Flood Insurance and
considerations.
Emergency Management
Erica A. Lee, Analyst in Emergency Management and
According to SRIA, FEMA is to issue rulemaking detailing
the factors used to consider a tribe’s request for a Stafford
Disaster Recovery
Act declaration. FEMA is also to issue rulemaking on its
Elizabeth M. Webster, Analyst in Emergency
procedures to evaluate requests for the federal government
Management and Disaster Recovery
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Tribal Disaster Risk and Selected Federal Resources

IF12460

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