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S. HRG. 113–522 

WHEN CATASTROPHE STRIKES: RESPONSES TO 

NATURAL DISASTERS IN INDIAN COUNTRY 

HEARING 

BEFORE THE

COMMITTEE ON INDIAN AFFAIRS 

UNITED STATES SENATE 

ONE HUNDRED THIRTEENTH CONGRESS 

SECOND SESSION 

JULY 30, 2014 

Printed for the use of the Committee on Indian Affairs 

( 

(II) 

COMMITTEE ON INDIAN AFFAIRS 

JON TESTER, Montana, Chairman 

JOHN BARRASSO, Wyoming, Vice Chairman 

TIM JOHNSON, South Dakota 

MARIA CANTWELL, Washington 

TOM UDALL, New Mexico 

AL FRANKEN, Minnesota 

MARK BEGICH, Alaska 

BRIAN SCHATZ, Hawaii 

HEIDI HEITKAMP, North Dakota 

JOHN MCCAIN, Arizona 

LISA MURKOWSKI, Alaska 

JOHN HOEVEN, North Dakota 

MIKE CRAPO, Idaho 

DEB FISCHER, Nebraska 

MARY J. PAVEL, Majority Staff Director and Chief Counsel 

RHONDA HARJO, Minority Deputy Chief Counsel 

(III) 

C O N T E N T S 

Page 

Hearing held on July 30, 2014 ............................................................................... 1 

Statement of Senator Barrasso ............................................................................... 2 

Statement of Senator Begich .................................................................................. 4 

Statement of Senator Cantwell .............................................................................. 3 

Statement of Senator Heitkamp ............................................................................. 17 

Statement of Senator Murkowski ........................................................................... 13 

Statement of Senator Tester ................................................................................... 1 

Statement of Senator Udall .................................................................................... 2 

WITNESSES

Chavarria, Hon. J. Michael, Governor, Pueblo of Santa Clara ............................ 21 

Prepared statement .......................................................................................... 23 

David, Mary, Executive Vice President, Kawerak, Inc. ........................................ 37 

Prepared statement .......................................................................................... 39 

Gregory, Matt, Executive Director of Risk Management, Choctaw Nation of 

Oklahoma .............................................................................................................. 32 

Prepared statement .......................................................................................... 34 

Heflin, Jake, President/CEO, Tribal Emergency Management Association ....... 49 

Prepared statement .......................................................................................... 51 

Metcalf, Hon. Ronda, Secretary, Sauk-Suiattle Indian Tribe .............................. 27 

Prepared statement .......................................................................................... 29 

Zimmerman, Elizabeth, Deputy Associate Administrator, Office of Response 

and Recovery, Federal Emergency Management Agency, U.S. Department 

of Homeland Security .......................................................................................... 6 

Prepared statement .......................................................................................... 7 

APPENDIX

Cladoosby, Brian, President, National Congress of American Indians, prepared statement ................................................................................................... 61 

Darcy, Hon. Jo-Ellen, Assistant Secretary of the Army (Civil Works), prepared 

statement .............................................................................................................. 63 

Response to written questions submitted by Hon. Jon Tester to Elizabeth 

Zimmerman .......................................................................................................... 65 

(1) 

WHEN CATASTROPHE STRIKES: RESPONSES 

TO NATURAL DISASTERS IN INDIAN COUNTRY 

WEDNESDAY, JULY 30, 2014 

U.S. SENATE, COMMITTEE ON INDIAN AFFAIRS, Washington, DC. 

The Committee met, pursuant to notice, at 2:47 p.m. in room 

628, Dirksen Senate Office Building, Hon. Jon Tester, 

Chairman of the Committee, presiding. 

OPENING STATEMENT OF HON. JON TESTER, 

U.S. SENATOR FROM MONTANA 

The CHAIRMAN. The Committee will come to order. 

Today the Committee is holding an oversight hearing on responses to national disasters in Indian Country, with a particular 

focus on the relationship between Federal response agencies, specifically FEMA and the tribes that request assistance. 

I very much appreciate our witnesses who have traveled to join 

us today from Alaska, Nevada, New Mexico, Oklahoma, Washington State. Your presence is clear evidence of the importance of 

the topics that we are going to assess today. I also appreciate our 

FEMA witness taking time to join us here today. 

Past hearings, including the one this Committee held on natural 

disasters three years ago, laid out the landscape of disaster response needs in Indian Country. In response to those needs, I offered an amendment to the Stafford Act which authorized tribes to 

request a disasters declaration directly from the President. 

Before the amendment, tribes had to work through States to request a disaster declaration. It was slow, uncertain, and altogether 

an unacceptable solution for some tribes. In this hearing, we want 

to explore what has happened since the Stafford Act amendment. 

The ability to make direct requests for disaster declaration is all 

well and good, but we need to ensure that authority is translating 

into appropriate and timely Federal assistance. Are tribes getting 

more response and assistance now than they were before the 

amendment or are the implementation processes the same? 

I want to thank Senator Begich for his work in conducting oversight of FEMA. I am proud that our two staffs have worked together to hold the agency accountable for their work in Indian 

Country. We appreciate that. We jointly wrote to FEMA Administrator Craig Fugate back in March, urging him to make outreach 

and consultation with tribes a priority. Senator Begich has been 

able to question the Administrator on multiple occasions, keeping 

2 

the focus on development of guidance for tribal disaster declarations. I am interested in hearing today what the witnesses have to 

say about these topics and other aspects of this important issue 

that they would like to discuss. 

Senator Barrasso, do you have an opening statement? 

STATEMENT OF HON. JOHN BARRASSO, 

U.S. SENATOR FROM WYOMING 

Senator BARRASSO. Yes, thank you, Mr. Chairman, for holding 

this important hearing. A natural disaster can instantly destroy 

the infrastructure and resources needed for tribal economies and 

essential services. It is critical that tribes have the tools they need 

to mitigate and respond to the damage caused by a natural disaster. These disasters, however, can destroy more than roads, 

buildings and forests. The disasters can take away precious lives 

of children, parents and other loved ones. 

It is critically important, Mr. Chairman, that Federal, State and 

tribal responders coordinate effectively to prevent as well as to address natural disasters. With this in mind, I look forward to the 

hearing and hearing from our witnesses and welcome them here 

today. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Before we get to Ms. Zimmerman, does any other 

member have a statement? Senator Udall. 

STATEMENT OF HON. TOM UDALL, 

U.S. SENATOR FROM NEW MEXICO 

Senator UDALL. Thank you, Chairman Tester. Thank you for 

holding this important oversight hearing on the impact of catastrophic disasters on Indian Country. 

Tribes in New Mexico are no strangers to these disasters, to 

drought, fire and flooding. It is a vicious cycle and it hits Indian 

Country especially hard. The historic drought threatens our Native 

American farmers’ livelihood and their way of life. Their forests are 

ravaged by forest fires. And when the rain does come, their homes 

are threatened by floods. We can’t always stop the fire or hold back 

the water, but we must ensure that the Federal Government is 

there to help, to do all we can in rebuilding and preventing further 

harm. 

When disaster strikes Indian Country, tribal leaders need direct 

government to government communications and resources to help 

their people. I don’t think anyone knows that better than the governor of the Pueblo of Santa Clara, Michael Chavarria. And I am 

very pleased to introduce him today. Governor Chavarria has 

served his pueblo for many years not only as governor but also as 

forestry director, where he was the emergency response coordinator 

during the Las Conchas fire, at the time the largest wildfire in 

New Mexico history. He also oversaw the response for the subsequent flooding, flooding that destroyed all the water control structures in Santa Clara Canyon. 

He is an outstanding advocate, as the Pueblo faces continued risk 

of catastrophic flooding. He is also an important voice and one we 

should listen to carefully in the broader discussion of the effects of 

3 

climate change, one of the root causes of the disasters that his people have faced with such courage and resilience. 

Last September, most New Mexico tribes were impacted by 

heavy rains and were sub-grantees to the State of New Mexico in 

the FEMA disaster declaration. The Santa Clara Pueblo was the 

only Pueblo to meet the criteria for direct assistance and has received two tribally declared declarations. The impacts to Santa 

Clara are ominous and the flood path goes right towards their traditional village. 

But they are not alone. The Pueblo of Cochiti is also working to 

prevent flooding into its village and to rebuild a critical bridge destroyed in flooding from the Las Conchas fire. The Cochiti, Santo 

Domingo and Santa Clara Pueblo are actively seeking assistance 

for post-fire and flooding efforts. Just this month, flooding has hit 

many pueblos, including Zuni, Ohkay Owingeh, Pojoaque, Santo 

Domingo, Cochiti, Santa Clara and Jemez. All have reported damage to tribal infrastructure or roads. 

Chairman Tester, these needs are crucial. We have to be better 

and faster to help Indian Country in the wake of disaster. Their 

ageing infrastructure leaves tribes more at risk to horrific fire and 

flooding and the lack of resources leaves them ill-prepared to respond. Despite their determination and their best efforts, I hope 

this hearing will help us to better understand the true impact of 

these disasters and to deal with them more effectively. 

I welcome Governor Chavarria, and I have another commitment 

and hope to be back for his testimony. Thank you, Chairman Tester, very much. 

The CHAIRMAN. Thank you, Senator Udall, very much. 

Senator Cantwell? 

STATEMENT OF HON. MARIA CANTWELL, 

U.S. SENATOR FROM WASHINGTON 

Senator CANTWELL. Thank you, Mr. Chairman. I too want to 

thank you for holding this important hearing and want to welcome 

one of the witnesses who is going to be on the next panel, Ronda 

Metcalf. She is currently the Secretary of the Sauk-Suiattle Tribe 

and is here on behalf of the tribe and the Chairwoman, Norma A. 

Joseph, who couldn’t be with us here today. She is going to talk 

about her FEMA experiences. 

I can think of no better way to honor the relationship of government to government relations than to have that relationship work 

in a natural disaster, to have an unplanned crisis and then to have 

the leadership response, you need governments to communicate to 

other governments. 

On March 22nd of this year, State Route 530 had a landslide 

that occurred and killed 43 people and cut off access to one of our 

most traveled roads in the Northwest. It became a deadly landslide 

in our Country. So during this ongoing recovery process, Ms. 

Metcalf and tribal leaders did their best to do everything they 

could, even though they were also cut off from medical service and 

the main route, and meant people going what would have normally 

have been a half hour route to hospitals or various services to go 

more than an hour and a half, two hours around and cause much 

complication. 

4 

So I recently visited, Mr. Chairman, with the tribal council at 

their headquarters to hear about many of the issues that happened 

in the aftermath of that mudslide. I heard about their experiences 

with FEMA, and she is going to elaborate on that today. 

But I believe that it is a powerful and instructive story to remind 

us that we need to make sure that when Indian Country makes 

declarations, just as a governor makes declarations, that those declarations are acted on quickly. That secondly, we have immediate 

response teams that work well and coordinate with Indian Country, that there are FEMA people on the ground who really do understand the role and responsibility and coordination with Indian 

Country. And that we understand all of their investments that 

were made in helping in a time of need and emergency. 

It is almost heartbreaking, Mr. Chairman, to see how many people showed up at a gymnasium just three days after the crisis and 

to see who immediately stood up with resources and money. Three 

tribes basically came and donated almost $700,000 to the effort 

from around the community. This tribe, right in the midst of the 

community, got none of those resources. Yet they put people on 

overtime pay, they kept their gas station open, they ferried people 

around for medical services, they did everything a partner could do 

in that crisis, and yet didn’t get any of the support from the entities that needed to help support them, because they too were impacted by the crisis. 

So I hope it is all instructive. I hope it was just a 

miscommunication and that it is not happening anywhere else. But 

clearly it points out that we just need to flatten these issues moving forward. And certainly as my colleague from New Mexico said, 

I think it gives us something to think about too, from a communication perspective, the fact that this area was cut off literally 

from all communication because of where the slide happened. So 

the town of Darrington and this tribe basically cut off from all the 

recovery points to this fact that a lot of these areas are remote. So 

what do we do about emergency communications? Maybe this is 

something our Committee needs to look at in the future, how do 

we make sure that these areas have good emergency communication systems, so that they can be utilized, whether it is a flood or 

tornado or what have you, so we are not out there just basically 

without the resources that are needed once the disaster strikes. 

I thank you for having this hearing, and will look forward to Ms. 

Metcalf’s testimony. 

The CHAIRMAN. Thank you for your comments, Senator Cantwell. 

Senator Begich? 

STATEMENT OF HON. MARK BEGICH, 

U.S. SENATOR FROM ALASKA 

Senator BEGICH. Thank you, Mr. Chairman. Thank you for holding this hearing. It is an important topic. I will try to keep my comments brief. But I also want to give a warm welcome to an Alaska 

witness who will be on the second panel, Ms. Mary David, visiting 

all the way from Nome, Alaska. We look forward to hearing her 

testimony. 

In recognizing the challenges of tribal communities as they prepare, respond to and recover from various disasters requires colVerDate Mar 15 2010 13:20 Jan 09, 2015 Jkt 092272 PO 00000 Frm 00008 Fmt 6633 Sfmt 6633 S:\DOCS\92272.TXT JACK
5 

laboration and cooperation. I have been lucky to work on critical 

emergency management issues that cut across various Committee 

assignments and believe that this lends itself well to accomplishing 

a key goal here in the Senate. As chair of the Homeland Security 

Subcommittee with jurisdiction over FEMA, I have been working to 

highlight the need for tribal engagement outreach and resources 

throughout the agencies. Senator Tester, I want to thank you for 

the letter we wrote, the response we got, because we both sit on 

that committee also. It has unique opportunities on that committee 

and this Committee to push the issue forward. 

The new authorities granted to tribes through the Sandy Recovery Improvement Act allow for major disaster declarations to be 

made directly to the President without having to go through governors. This move puts tribes on par with States and illustrates the 

sovereignty that government-to-government relationship that has 

been so critical to making progress and building a strong relationship. But there is work to be done to fully accomplish this. 

On his first trip to Alaska. FEMA Administrator Fugate heard 

a lot, I want to underline that, a lot, about this, when we met with 

Alaska Native leaders. I believe it is critically important for FEMA 

leadership to practice what they preach when it comes to meaningful outreach and consultation. Each tribe and village is different, 

and the threats and hazards they face are equally so. There are 

real challenges facing our tribes. Coastal erosion is wiping out entire communities in western Alaska. Flooding inundates rural communities along the Yukon and Kuskokwim Rivers in Alaska. Many 

villages can see real seismic damage or tsunami threat following 

another catastrophic earthquake. 

Mr. Chairman, I think you would agree that FEMA’s outreach 

over the years has been somewhat lacking. I feel tribal affairs 

structure within the agency does not adequately reflect the critical 

role that tribal governments and organizations plan in the emergency management community. I am encouraged by the hiring of 

Milo Booth, Alaska Native Tribal Member, of the Metlakatla Indian Community, to lead tribal affairs in FEMA. I worry, however, 

that by housing tribal affairs within external affairs or intergovernmental affairs the real impact of regulatory or statutory changes 

cannot be adequately addressed. 

Outreach and meaningful consultation should be done in a way 

that fosters a partnership, not a one-way push of information or 

not just checking the box. As you know, Mr. Chairman, the committee that I chair over in Homeland Security will continue to hold 

FEMA’s feet to the fire. We do oversight over there on a regular 

basis and I appreciate this effort here that you are doing, because 

it really emphasizes this unique opportunity to allow tribes to exercise their rights as sovereign entities, working with FEMA in the 

midst of a disaster or recovery from a disaster. 

And I would underline, as Senator Udall mentioned, mitigation, 

as we struggle with the challenges of climate change, what do we 

do in the future to push back and make sure we have the right 

kind of mitigation situation. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you, Senator Begich. I want to welcome 

Ms. Elizabeth Zimmerman, who is the Deputy Associate AdminisVerDate Mar 15 2010 13:20 Jan 09, 2015 Jkt 092272 PO 00000 Frm 00009 Fmt 6633 Sfmt 6633 S:\DOCS\92272.TXT JACK
6 

trator for the Office of Response and Recovery at FEMA. I would 

just remind you, you have five minutes for your verbal comments. 

Know that your entire written testimony will be a part of the 

record. There will be a few questions afterwards. You may proceed, 

Elizabeth. Thank you. 

STATEMENT OF ELIZABETH ZIMMERMAN, DEPUTY ASSOCIATE 

ADMINISTRATOR, OFFICE OF RESPONSE AND RECOVERY, 

FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. 

DEPARTMENT OF HOMELAND SECURITY 

Ms. ZIMMERMAN. Thank you and good afternoon, Chairman Tester and members of the Committee. I am Elizabeth Zimmerman, I 

am the Deputy Associate Administrator for the Office of Response 

and Recovery at FEMA. I am here today with a great opportunity 

to share FEMA’s partnership with our federally-recognized tribal 

governments and how we have been implementing the new authorities that we received as a part of the Sandy Recovery Improvement Act of 2013, or SRIA, as we call it. I thank the Committee 

for the many authorities that were included in SRIA in order to improve our programs overall, particularly the provision that allows 

federally recognized tribes the choice to come in directly to the Federal Government for a request for either an emergency or major 

disaster declaration independently of the States. I want to emphasize that it is their choice and we appreciate that. 

I would also like to thank Senator Tester for your leadership in 

this area as well as Senator Begich for the great work that we have 

been able to do and accomplish together. It is much appreciated. 

The engagement with the tribal governments is a top priority for 

Administrator Fugate and all the leadership at FEMA. That is why 

he has advocated for the change, for the Stafford Act, pretty much 

since he got here five years ago, to make sure that we reflect the 

tribal sovereignty and the self-determination for the tribes. I have 

been overseeing the implementation of the authority and our continued partnership with tribal governments on response and recovery efforts. 

When we started it, as soon as SRIA passed, we were able to implement three phases for the disaster declarations. The first thing 

we were able to do is use the current regulations that we have 

while we were out doing consultation and putting together draft 

pilot guidance, which is out right now for public comment. The next 

step after that will be regulations. 

So immediately after the Act was enacted, we put the new authority out there, available for tribal governments to use the existing declaration’s regulations, which provided us the ability to afford 

them the opportunity to come in directly to the President for the 

disaster declaration request. As soon as possible, providing an avenue to learn from these declarations, in order to solidify the government to government relationship that we have. To date seven 

tribal governments have requested eight disaster declarations. The 

President has declared six major disaster declarations for tribes. 

FEMA has been consulting with the tribal governments on tribal 

declarations implementation. We wanted to be thoughtful and deliberate to develop the procedures that would reflect the unique circumstances of those tribal governments. 

7 

Since FEMA initiated the tribal consultation on the first draft of 

the declaration’s pilot guidance, we have undertaken one of the 

largest engagement efforts in this agency’s history, the largest tribal consultation effort by far. To date we have held 55 in-person 

meetings to discuss the guidance with over 500 tribal participants 

representing 220 tribes. For example, in FEMA’s Region 10, which 

is situated in the State of Washington, leadership has held seven 

listening sessions, across Alaska, from St. Paul Island to the Bering Sea, to Barrow and the Arctic Slope. 

Working with tribal organizations we have held five meetings 

across California, the State with the second highest number of federally-recognized tribes. Over 30 tribes have participated in new 

sessions. 

From Montana to the Midwest, Florida, Maine, FEMA leadership 

across the Country have been out there to talk with tribes face to 

face about the tribal guidance, discuss the Stafford Act and to 

make available resources, listening to the feedback and to enhance 

our government to government relationship. 

After this consultation, we will revise the draft guidance based 

on the input we have received. The revised draft will then be published in the Federal Register, for which we will hold another 

round of tribal consultation. 

The agency is also collaborating with the tribes to develop a tribal consultation policy separate from the declarations policy in order 

to provide instruction and guidance for FEMA employees on how 

to engage in tribal governments on FEMA actions that have tribal 

implications. Through grants, training, outreach and technical assistance, we are also helping tribes prepare for and protect against, 

respond to, recover from and mitigate against disasters. To ensure 

that tribes are informed about these opportunities for assistance, 

as was mentioned, we have hired Milo Booth, an Alaska Native, 

who is sitting here as our National Tribal Affairs Advisor. 

In conclusion, I would like to say that FEMA is one part of emergency management. Our tribal nations are another key critical 

component of an emergency management team. And we are committed to consulting, coordinating and engaging with federally-recognized tribal governments in the development and implementation 

of all of our policies and programs that impact them. 

We look forward to continuing our collaboration with tribes and 

this Committee to ensure that we are fully supportive and engage 

with the tribal nations. Thank you and I look forward to any questions. 

[The prepared statement of Ms. Zimmerman follows:] 

PREPARED STATEMENT OF ELIZABETH ZIMMERMAN, DEPUTY ASSOCIATE

ADMINISTRATOR, OFFICE OF RESPONSE AND RECOVERY, FEDERAL EMERGENCY

MANAGEMENT AGENCY, U.S. DEPARTMENT OF HOMELAND SECURITY

Introduction 

Good afternoon, Chairman Tester, Vice Chairman Barrasso and members of the 

Committee. I am Elizabeth Zimmerman, Deputy Associate Administrator of the Office of Response and Recovery (ORR) of the Department of Homeland Security’s 

(DHS) Federal Emergency Management Agency (FEMA). Thank you for the opportunity to discuss FEMA’s partnerships with federally recognized tribal governments, 

and how we are implementing new authorities to work directly with tribal governments as part of the ‘‘Sandy Recovery Improvement Act of 2013’’ (SRIA). 

8 

I would like to take this opportunity to thank the Committee for the authority 

established in SRIA, including the provision that allows a federally recognized tribe 

the choice to request Stafford Act emergency and major disaster declarations independently of states. I would also like to thank Senator Tester for his leadership in 

this area. 

The engagement of tribal governments is a top priority for Administrator Fugate. 

He advocated for changes in the Stafford Act to reflect tribal self-determination and 

provide tribal governments the choice to seek federal disaster assistance through a 

state or directly to FEMA. The passage of SRIA was a major milestone in these efforts, but was just the first step in fully implementing this important authority. 

FEMA continues consulting with tribal governments on tribal declarations implementation, including the development of the Tribal Declarations Pilot Guidance. 

FEMA supports federally recognized tribal governments, and their sovereignty 

and rights of self-determination as a part of the federal trust responsibility to Tribal 

Nations. In addition, inclusion of Tribal Nations is an essential component of 

FEMA’s whole community emergency management strategy. 

Foundational Policies and Strategic Context 

Foundational Policies 

FEMA has a historical commitment to enhancing government-to-government relations with tribal nations. The first FEMA Tribal Policy was created in 1998 and revised in 2010. FEMA further revised and reissued the policy in late 2013 for an additional three years. This policy forges a commitment to strong and lasting partnerships by outlining the guiding principles of engagement and collaboration between 

FEMA and federally recognized American Indian and Alaska Native Tribal governments. 

FEMA follows guidance outlined in the President’s November 5, 2009 Memorandum on Tribal Consultation. This Memorandum reaffirms Executive Order (E.O.) 

13175, directing agencies to engage in regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, and to strengthen the government-to-government relationship between the United States and Tribal Nations. FEMA is drafting, in coordination and 

consultation with Tribal Nations, a Tribal Consultation Policy, which will supplement the DHS Tribal Consultation Policy. FEMA received valuable input and comments that are being adjudicated into the final Tribal Consultation Policy, which 

will be used as a framework for future consultation between FEMA and Tribal Nations. 

Strategic Context 

FEMA’s whole community approach reinforces the fact that FEMA is only one 

part of our nation’s emergency management team. We must leverage all of our collective team resources in preparing for, protecting against, responding to, recovering 

from and mitigating against all hazards. Tribal Nations are critical components in 

our whole community, and our commitment to addressing their needs is evident in 

our strategic priority to be survivor-centric in mission and program delivery. To further survivor-centric goals, FEMA leadership adopted a ‘‘cut the red tape’’ posture 

to focus on the needs of survivors and to develop and execute programs and policies 

with survivors’ perspectives in mind. 

FEMA recognizes that the consistent participation and partnership of tribal governments is vital in helping FEMA achieve its mission. 

Tribal Declarations Under the Sandy Recovery Improvement Act 

On January 29, 2013, President Obama signed into law, the ‘‘Disaster Relief Appropriations Act, 2013’’ (Division A) and SRIA (Division B) respectively of Public 

Law 113–2, a legislative package authorizing several significant changes to the way 

FEMA delivers disaster assistance. SRIA is one of the most significant pieces of legislation impacting disaster response and recovery since the Post-Katrina Emergency 

Management Reform Act of 2006. 

Section 1110 of SRIA, ‘‘Tribal Requests for a Major Disaster or Emergency Declaration under the Stafford Act’’ authorized federally recognized tribal governments 

the option to request a Stafford Act emergency or major disaster declaration independent of the State where their lands are located. This new authority also requires 

the Federal Government to ‘‘consider the unique conditions that affect the general 

welfare of tribal governments’’ when developing regulations to implement this new 

authority. FEMA has developed a phased implementation to ensure we consider the 

unique needs of tribal governments, which are further outlined below. 

9 

Phased Implementation of Direct Tribal Declarations 

In consultation with our nation’s federally recognized tribes, we are working 

thoughtfully and deliberately to develop procedures that best reflect the unique situation of tribal governments. Therefore, FEMA is implementing direct tribal declarations in three phases: (1) through the use of current regulations; (2) through the development and implementation of pilot guidance; and (3) through notice and comment rulemaking. 

Use of Current Regulations 

Immediately after SRIA’s enactment, FEMA used existing declaration regulations 

and criteria to process declaration requests from tribal governments. Eight disaster 

requests have been made, with six major disaster declarations issued for five tribes: 

the Eastern Band of Cherokee Indians, the Navajo Nation, the Standing Rock Sioux 

Tribe, the Karuk Tribe, and the Santa Clara Pueblo Tribe, which has received two 

disaster declarations. Through these declarations, Public Assistance and Hazard 

Mitigation Grant Program funding is being provided directly to the tribes. The damage assessment information regarding these declarations is outlined in Table 1 

below in the order of their declaration date. 

TABLE 1: PUBLIC ASSISTANCE PRELIMINARY DAMAGE ASSESSMENT ESTIMATES—TRIBAL 

DECLARATIONS 

Tribal Government Declaration Date 

Preliminary Damage 

Assessment 

Estimate 

Eastern Band of Cherokee Indians (DR–4103) 3/1/2013 $3,161,875 

Navajo Nation (DR–4104) 3/5/2013 $5,223,234 

Standing Rock Sioux Tribe (DR–4123) 6/25/2013 $1,277,493 

Karuk Tribe (DR–4142) 8/29/2013 $1,021,557 

Santa Clara Pueblo (DR–4147) 9/27/2013 $5,393,852 

Santa Clara Pueblo (DR–4151) 10/24/2013 $1,984,960 

Through these declarations, FEMA gathered critical information, best practices, 

and process challenges that have informed the development of the Tribal Declarations Pilot Guidance, which is the second phase of tribal declarations implementation. 

Pilot Guidance Development 

We recognize that FEMA’s current declarations regulations were developed to 

evaluate States’ capacity and their need for supplemental disaster assistance. Since 

these parameters may not be indicative of a Tribal Nation’s ability to respond and 

recover from a disaster, FEMA determined the need to develop procedures and criteria that reflect the capacity and needs of tribal governments. Before entering the 

rulemaking process to codify the tribal-specific procedures, FEMA will initiate a 

pilot program to ensure that final regulations sufficiently reflect the unique needs 

of tribal governments. 

Soon after SRIA was signed, FEMA engaged tribal governments on the current 

procedures to process declarations and whether those procedures should be revised 

for direct tribal declarations. FEMA used this initial input to develop a first draft 

of the Tribal Declarations Pilot Guidance. 

Tribal participation and input is critical to the development of the Tribal Declarations Pilot Guidance. On April 3, 2014, we initiated tribal consultation on the draft 

guidance. FEMA sent written correspondence from Administrator Fugate to all 566 

federally recognized tribes and issued advisories to national and regional tribal organizations and associations to advise them of the consultation. FEMA Regional and 

Headquarters leadership also presented at numerous tribal conferences to provide 

an overview of the declaration process and the draft guidance. 

Between April 3 and July 8, 2014, FEMA conducted 45 listening sessions around 

the country, from Northern Alaska to Montana, Oklahoma to Florida, and to Maine 

with 445 participants and 189 tribes represented. Through these listening sessions, 

FEMA gathered input on the draft guidance as well as strengthened relationships 

with tribal governments. We learned more about the challenges that tribal communities face, the response and recovery capabilities of tribal governments, and their 

understanding of Stafford Act assistance. FEMA regions have been extremely 

proactive in meeting consultation requests of Native Alaskan Villages and Indian 

tribal governments. For instance, FEMA Region X consulted with the Aleut Communities of St. Paul and St. George Islands on St. Paul Island Alaska. 

10 

The information gathered in these sessions will be used to revise the draft guidance. This revised draft will be published for public comment and a second round 

of tribal consultation, continuing our commitment to engage tribal governments in 

the implementation of tribal declarations. 

Regulations 

As required by SRIA, FEMA will begin development of regulations after the pilot 

guidance is finalized. This will follow the standard notice and comment rulemaking 

process. 

Tribal Grants 

Tribal governments and their members are an essential part of our nation’s emergency management team, and FEMA is committed to supporting our tribal partners 

in its efforts to build more resilient and better prepared communities. The Tribal 

Homeland Security Grant Program (THSGP) supports the building, sustainment, 

and delivery of core capabilities to enable tribes to strengthen their capacity to prepare for, protect against, respond to, recover from, and mitigate potential terrorist 

attacks and other hazards. Federally recognized tribes that meet the criteria as outlined in the Homeland Security Act of 2002, as amended, are eligible for direct funding. This law prescribes a minimum allocation of .01 percent of the total funds allocated for all grants under Sections 2003 and 2004 of the Homeland Security Act of 

2002, as amended. However, FEMA and Department of Homeland Security Headquarters increased that amount to an average of $10 million per year for the past 

three years. Since the program was initiated in FY 2008, more than 150 tribal applications have been funded with approximately $50 million for capacity and capability 

building under the THSGP. 

Federally recognized tribes are eligible for other pre-disaster grant funding such 

as Assistance to Firefighters Grants and Hazard Mitigation. 

Tribal Consultation Policy 

In recognition of the Federal Government’s trust responsibilities and to honor and 

continue to enhance our partnerships with federally recognized tribes and in accordance with the 2009 Presidential Memorandum and E.O. 13175, FEMA is collaborating with tribes to develop a Tribal Consultation Policy. This policy supplements 

the DHS Tribal Consultation Policy by providing additional instructions and guidance to FEMA employees on engagement of tribal governments for consultation on 

FEMA actions with tribal implications. It also ensures FEMA is effectively engaging 

in regular and meaningful consultation and collaboration with our tribal partners. 

The policy is being developed based on discussion, input and consultation with 

tribes to ensure it addresses their concerns and reflects a government-to-government relationship with Tribal Nations. The consultation period for the proposed 

Tribal Consultation Policy ended on March 30, 2014. FEMA is currently in a 

thoughtful review of the input received, and is revising the Policy as appropriate. 

FEMA will notify tribes when the policy is published, which is planned for later this 

year. The Tribal Consultation Policy will help govern how FEMA undertakes future 

consultation with tribes. 

Training, Outreach and Technical Assistance Efforts 

FEMA is committed to helping tribes prepare for, protect against, respond to, recover from, and mitigate against disasters through its training, outreach and technical assistance efforts. FEMA’s National Tribal Affairs Advisor, Milo Booth, works 

closely with the FEMA Regional Tribal Liaisons and programs to ensure that tribes 

are informed about these opportunities for assistance. 

Training 

FEMA’s Emergency Management Institute (EMI) offered the first tribal-specific 

course, titled ‘‘Emergency Management Framework for Tribal Governments’’ in January of 2002. This course was developed in collaboration with tribal emergency services and emergency management personnel. In the 12 years since, EMI’s Tribal Curriculum has grown to five tribal-specific courses. Continuing from the success of the 

first tribal course, all of these courses were designed with input from tribal representatives and associations and are intended to help build emergency management capability in tribal communities. To date, more than 3,000 certificates of completion have been issued for courses in the EMI Tribal Curriculum. These courses 

include ‘‘Emergency Management Framework for Tribal Governments,’’ ‘‘Emergency 

Operations for Tribal Governments,’’ ‘‘Mitigation for Tribal Governments,’’ ‘‘Continuity of Operations (COOP) for Tribal Governments,’’ and ‘‘Emergency Management Overview for Tribal Leaders.’’ Between fiscal year (FY) 2011 and 2013, 1,174 

students, of which 998 are tribal government employees and 715 are American InVerDate Mar 15 2010 13:20 Jan 09, 2015 Jkt 092272 PO 00000 Frm 00014 Fmt 6633 Sfmt 6621 S:\DOCS\92272.TXT JACK
11 

dian or Alaska Native members, completed the five tribal-specific courses. In FY 

2013, 466 students participated in these courses, which were held in locations across 

the country, including Arizona, California, Nevada, North Carolina, Oklahoma, and 

Washington. Additionally, tribal emergency management officials have access to 550 

active courses offered through EMI. 

Outreach 

The FEMA National Tribal Affairs Advisor and other FEMA leadership, regularly 

attend the annual and mid-year meetings hosted by the National Congress of American Indians (NCAI), the United South and Eastern Tribes (USET), the National 

Tribal Emergency Management Council (NTEMC), Tribal Assistance Coordination 

Group (TAC–G), and the Tribal Emergency Management Association (iTEMA) as 

well as other regional and national tribal organizations and associations. These 

meetings provide FEMA the opportunity to conduct outreach and establish a stronger working relationship with these organizations. FEMA’s Office of External Affairs 

also facilitates information sharing across the Agency before, during and after disasters that impact tribal communities. 

In 2011, FEMA announced an initiative through FEMA’s Ready Campaign called 

‘‘Ready Indian Country.’’ Ready Indian Country is an initiative designed to promote 

preparedness within tribal communities through education and outreach in an effort 

to save lives and prevent property losses. The program, developed with the support 

of NCAI, uses public outreach and the support of tribal elders to encourage members of Tribal Nations to take the basic steps necessary to prepare themselves for 

potential emergencies. Ready Indian Country provides a foundation for tribal communities to enhance citizen preparedness while serving as a resource for the development and implementation of community pre-disaster policies and procedures. 

Ready Indian Country’s resources include existing Ready Campaign messaging 

and build on existing capacity with specific tools customized for Indian Country. 

These include brochures, posters and billboards customized by geographic region to 

reflect diverse local conditions and American Indian and Alaska Native cultures; 

radio Public Service Announcements (PSAs) in 60, 30 and 15 second formats; and 

Tribal Leader Resources to help guide community emergency planning efforts. 

Ready Indian Country resources can be found at http://www.ready.gov/ 

IndianCountry. This is one step in the ongoing actions on the part of FEMA and 

the Ready Campaign to nurture this partnership to help tribes and Native American 

communities build sustainable and resilient tribal neighborhoods. 

Technical Assistance 

The FEMA Regional Tribal Liaisons and the FEMA National Tribal Affairs Advisor serve as tribes’ initial entry into FEMA to facilitate discussions between tribes 

and subject matter experts, to share information, or address questions or challenges. 

In addition to its dedicated liaisons and Advisor, FEMA as a whole is dedicated to 

ensuring we consult and effectively collaborate with tribal governments, whether 

during a disaster, the development of policy, or program implementation. 

Additionally, in coordination with FEMA Regional Tribal Liaisons, the Technical 

Assistance (TA) Program provides specialized emergency management planning assistance to tribes across the nation. This helps tribes to develop operational plans 

and to be prepared for disasters or emergencies. Specifically, the TA program works 

with tribes to build capacity, educate their leaders in foundational emergency management concepts, and enhance relationships among emergency managers and planners across the state, local, tribal and federal levels of government. 

Since 2011, FEMA has hosted 13 working sessions and workshops to engage 

tribes. When the Bureau of Indian Affairs stood up their Division of Emergency 

Management in 2013, FEMA increased its partnership effort with them to deliver 

tribal TA to the nation’s federally recognized tribes, ensuring even stronger federal 

coordination in support of tribal governments. 

Additional Tribal Efforts 

Tribal Integration Group 

FEMA established an internal Tribal Integration Group (TIG) this year, which 

serves as an internal coordinating body for tribal-related engagement and consultation across FEMA programs. The TIG, co-led by FEMA Senior Executives—the Deputy Director of the Office of External Affairs and the Director of the DHS Center 

for Faith-based & Neighborhood Partnerships—is working to ensure that the Agency meets requirements to consult and collaborate with and consider tribal governments needs in the Agency’s program and policy development. 

In addition, the TIG strengthens efforts to engage tribal governments in FEMA’s 

processes, procedures and outreach. The TIG is also in the process of assessing longVerDate Mar 15 2010 13:20 Jan 09, 2015 Jkt 092272 PO 00000 Frm 00015 Fmt 6633 Sfmt 6621 S:\DOCS\92272.TXT JACK
12 

term resource and organizational strategies to build a stronger relationship with 

tribal nations throughout the Agency. 

The TIG not only serves as an internal coordinating body for tribal-related engagement and issues across FEMA programs and the Agency as a whole; it is also 

a tool for FEMA to discuss and consider high-level tribal issues for recommended 

action. 

Conclusion 

FEMA is committed to consulting, coordinating, and engaging with federally recognized tribal governments in the development and implementation of policy and 

programs. 

We are grateful to Congress for these new authorities and are actively working 

with the sovereign tribes as they prepare for, protect against, respond to, recover 

from, and mitigate against the hazards they may face. 

We look forward to our continued collaboration to further support tribal governments as they build their emergency management capabilities. Thank you. 

The CHAIRMAN. Thank you, Ms. Zimmerman, for your testimony. 

I will start. I think FEMA has been working on developing connections with tribal governments and trying to get the right information to the right people. That being said, we hear from folks in 

Indian Country regularly that they don’t know who to get hold of 

or how to get in touch with the folks who are going to help them 

when they do have a disaster. 

Could you talk about FEMA’s efforts to increase information 

sharing and points of contact for tribal communities? 

Ms. ZIMMERMAN. Sure, I would be happy to. When it comes to coordination, as you know, FEMA has 10 regions across the United 

States. Our regional administrators all have a tribal liaison officer 

within their offices. They are a conduit to the rest of the FEMA 

staff, over 5,000 of us that exist across the Country. So the tribal 

liaisons, the regional administrators and their staff are reaching 

out to the tribes in order to make them aware of the tribal guidance, going out and sitting down with them to get their comments, 

that is the conduit. We are happy to provide to you the names of 

those, the tribal liaison officers. We can get that to you, as well as 

the regional administrators. 

The CHAIRMAN. So the tribal liaison, just for example, in Montana, would be located where? 

Ms. ZIMMERMAN. That is in our Region 8, which is in Denver, 

Colorado. 

The CHAIRMAN. So are they actually going to the tribes? How 

many States do they have? How many States does that tribal liaison cover? 

Ms. ZIMMERMAN. I believe Region 8 has six States. 

The CHAIRMAN. And it would be all of—— 

Ms. ZIMMERMAN. It is Colorado, Utah, Montana, North and 

South Dakota and Wyoming. 

The CHAIRMAN. So you have a fair number of Indian folks who 

live in those six States. 

Ms. ZIMMERMAN. Yes. 

The CHAIRMAN. Are they going to the tribes? Are they going actually into—I will pick a tribe—Crow? 

Ms. ZIMMERMAN. What they have done is they have both gone 

out to meet with tribes as well as they have convened meetings. 

Additionally, we have provided invitational travel for the tribal 

members to come to meetings to bring more together at once place. 

13 

The CHAIRMAN. Okay. You guys do good work. I think that the 

outreach is always a continuing challenge, especially with this program, which is fairly new. Letting those folk know when they have 

a flood event or a fire event or whatever the event might be who 

to get hold of is critically important. 

Up-front costs for FEMA, if the tribes are dealing directly with 

you instead of the State, the up-front costs, in the case of many of 

the poorer tribes, is a real problem. Whereas if they go through the 

State, the State oftentimes picks that up, they have a few more resources than the tribes do. Is there anything FEMA can do about 

those up-front costs, to help reduce them where the tribe is directly 

contracting? 

Ms. ZIMMERMAN. Are you referring to the cost share? 

The CHAIRMAN. Yes. 

Ms. ZIMMERMAN. Yes, because under the Stafford Act, the Federal Government pays no less than 75 percent. So the 25 percent, 

is borne by the grantee or sub-grantees. So that is something that 

we are looking at. That has been raised among the over 800 comments that we have already received on the draft tribal guidance. 

We look for folks to give input into that and suggestions as to how 

they would address that and how they would like to see that come 

out. 

So it is something that we are very well aware of. 

The CHAIRMAN. So you have started that comment period already? 

Ms. ZIMMERMAN. Yes. The comment period started on April 3rd 

and we put it out there and we have just extended it, it was due 

to expire today. 

The CHAIRMAN. Can you give me an idea of how many contacts 

you have gotten from tribes on this issue? 

Ms. ZIMMERMAN. We have had over 800 comments so far. 

The CHAIRMAN. On this issue? 

Ms. ZIMMERMAN. On the declarations tribal guidance. 

The CHAIRMAN. Okay. I think Senator Begich talked about this 

in his opening statement, the placement of the tribal all-hazards 

emergency response office in FEMA’s external affairs, apart from 

the Office of Response and Recovery. What is the best place for this 

office? Is it really in External Affairs? 

Ms. ZIMMERMAN. Since I am the Deputy for the Office of Response and Recovery, I have direct access to Milo and he has direct 

access to me, as well as everyone else in FEMA leadership. So to 

us, it is fine, because they have the access that they need and can 

get the information and we share information very regularly. 

The CHAIRMAN. All right. Senator Murkowski? 

STATEMENT OF HON. LISA MURKOWSKI, 

U.S. SENATOR FROM ALASKA 

Senator MURKOWSKI. Mr. Chairman, I appreciate your being here 

this afternoon. 

I want to talk a little bit about the Galena experience in interior 

Alaska, but I want you to keep in mind that that is just one episode of a disaster in rural Alaska that we have so many more. But 

Galena is going to be my focal point today. We see so much in 

terms of the planning that I think FEMA puts in place for the 

14 

buildup into the hurricane season, for instance, into the Gulf. We 

have different seasons around the lower 48, hurricanes, tornadoes, 

well, in Alaska, we have ice jam season. It comes every spring. 

Sometimes it is a season that is without event and other times it 

is a season that really writes the history book. 

But it seems like the disaster managers, we write the book in 

terms of how to deal with these disasters every year, which is very, 

very frustrating. It seems like all the decisions that need to be 

made need to be coordinated with headquarters all the way back 

in places like Washington, D.C. 

Galena is a specific example. There are two ways to get things 

into Galena, by barge, and there are a couple barges a season, or 

fly them in. So there is no rocket science here, there is no road to 

Home Depot. It is a very short time period. The Inspector General, 

when we asked him to look at the disaster situation in Galena, he 

comes back and he says, he criticized FEMA for not leaning forward, flying the materials in rather than going through this check 

the box exercise. 

I have asked for this review, we got it back from the IG, but 

there were lessons from Galena, as one example. But more emblematic of the problem that we have all over Alaska when it 

comes to remoteness, inability to access, by traditional methods, 

which are roads. How have we learned from that going forward? 

Now, we had an opportunity last week in the Appropriations 

Committee to visit with Administrator Fugate to address the IG’s 

findings with respect to the deficiencies with tribal collaboration 

during that event. He suggests that we now have this new tribal 

consultation policy. I look at that and say, well, okay. We have 

FEMA that views tribes as partners rather than grantees or perhaps sub-grantees. If that is what is necessary, maybe we need to 

look at things that way. 

But we have had a tribal policy in place in FEMA since 1989. 

So how are we at this point where again it seems like we are reinventing with every disaster that comes? How is it that FEMA 

works so much better, seemingly, with the States, than they do 

with the tribes? What have we learned from Galena going forward? 

Because as sure as winter is going to come, spring is going to follow and we are going to have flooding in interior Alaska. 

Ms. ZIMMERMAN. Yes, it is a continuous thing and I can appreciate it. I was up there in Galena this last year. 

Senator MURKOWSKI. I thank you for that. 

Ms. ZIMMERMAN. There were disasters in 2010, when you have 

to fly from place to place, like you said, you don’t drive, and there 

is not a Home Depot around the corner. I can appreciate that, and 

it is something that we continue to try to be better at. 

Senator MURKOWSKI. But have we changed things in order to be 

better at, or are we just hoping that next time we get a little 

luckier? 

Ms. ZIMMERMAN. No, we have been changing things as far as 

being able to document what we have done and try to learn from 

our lessons. It is something that we haven’t been the best at in the 

past, really learning from our lessons. But really taking an honest 

look at ourselves, after that disaster, and what can we do better, 

15 

and put something in place in order to implement it so we are 

ready to go. 

For the last five years, we have been trying to lean forward much 

more by having things ready when we see something coming. We 

know that earthquakes can happen at any moment, like they do in 

Alaska, some of those very large earthquakes that happened and 

the tsunamis that can follow and impact other people very quickly. 

Senator MURKOWSKI. One of the observations that we have seen 

now is that we are not using sufficient numbers of folks that are 

on the ground. The Native people who live in the villages, what we 

get instead are these groups of well-meaning folk who are coming 

up from the outside. But I have always questioned whether or not 

we rely enough on those who are on the ground, who understand 

the conditions, who know that you can’t do anything beyond September 15th because it is getting cold and freeze-up is coming, as 

opposed to somebody here in Washington, D.C. that looks at the 

calendar and says, we still have four months left in the year, this 

is not a problem. 

So what are we doing to increase the number of Native people 

in the reservist cadres? Can FEMA be doing more in this regard? 

I think you need to have people on the ground that are giving you 

that practical advice, rather than having this top-heavy approach. 

Ms. ZIMMERMAN. Having people in the field trained in emergency 

management and being able to communicate back to us through 

our regional administrator who is on the ground or the folks in the 

Alaska area office to be coordinating with them ahead of time; this 

the best thing that you can do so that we are prepared and that 

we know how we are going to communicate in disasters so as they 

are working with them, to get us information. That is the focal 

point, not back here in Washington, D.C., but that regional administrator, that regional office that we have. 

Senator MURKOWSKI. But that regional office is still thousands of 

miles away. 

Ms. ZIMMERMAN. Right. 

Senator MURKOWSKI. So how we can truly use the local people, 

not somebody who works in Seattle or even Fairbanks, but somebody who lives in Galena, that is where I would like to see us go. 

Let’s rely on that local knowledge. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Senator Cantwell? 

Senator CANTWELL. Thank you, Mr. Chairman. I share my colleagues’ thoughts and frustrations, having actually been to Galena, 

but also seeing this in the Northwest. 

So I have a few questions for you. She is bringing up an interesting point. When I think about the mayor of Darrington, the 

town of just a few thousand people, he had no capacity, really, either, he and the police chief and everyone else. So somebody from 

the Forest Service came over and became basically his deputy. 

So what she is saying is there are tribal people who could become 

part of the response team, workforce, everything. They are there, 

and they know the region. So I would encourage you to look at 

that. 

Does FEMA have protocols for dealing with Indian Country, protocols that say, this is how you work with Indian Country on a decVerDate Mar 15 2010 13:20 Jan 09, 2015 Jkt 092272 PO 00000 Frm 00019 Fmt 6633 Sfmt 6601 S:\DOCS\92272.TXT JACK
16 

laration, this is how you work with them on government to government assistance, this is how you work with them on individual assistance? Do you think that is clear within FEMA? 

Ms. ZIMMERMAN. We have cultural sensitivity training that we 

give to people in disasters. Back when I was with a State, working 

in emergency management, and we were working very closely with 

our tribal partners, and FEMA provided that type of expertise so 

that people do know. And we do provide training to our disaster 

reservists, so that they can understand the cultural uniqueness of 

our tribal partners. 

I have to say that the current consultation process that we are 

undergoing for this declaration guidance is bringing more and more 

of that to light to us as to how to work and communicate better. 

So I see going forward as we are drafting this guidance that there 

will be more protocols established as we develop our consultation 

policy for FEMA. That policy will be due out this fall. 

Senator CANTWELL. I heard about all the listening sessions. I 

think that is good in general, but it is not about the listening sessions, it is about how do you respond in an emergency. 

So on a declaration, once a governor makes a declaration, how 

often does it usually take an administration to respond to that? 

Ms. ZIMMERMAN. Depending on the disaster declaration, some of 

these things that are immediate, they have been turned around in 

90 minutes. Now, that is not the usual, but that is when we really 

need to get some direct Federal assistance. Typically they are 

turned around within a matter of days to a week. 

Senator CANTWELL. So it took 19 days for the Sauk-Suiattle to 

get an emergency declaration. Do you have any idea why? 

Ms. ZIMMERMAN. I believe that is because we didn’t get it directly 

from the State. 

Senator CANTWELL. Why would you have to get it from the State, 

if they are their own entity and they sent it? 

Ms. ZIMMERMAN. Because a declaration request came in through 

the State of Washington. 

Senator CANTWELL. Are we saying that that is what the norm is? 

Are we saying that every tribe has to go through their State? 

Ms. ZIMMERMAN. No, they have a choice. 

Senator CANTWELL. Why can’t they just make their own declaration? 

Ms. ZIMMERMAN. They can if they submit it directly to FEMA. 

Senator CANTWELL. I think this is where I would establish a protocol. I would establish a really clear protocol about how that works 

and make sure everybody knows that and understands it. It is 

hard, because the same tribe isn’t always going to be hit by assistance and come back to FEMA. But if everybody at FEMA knows, 

that we really do want an immediate response to time for tribes as 

well, we want to do as well as we do with governors, we want to 

do, if they have asked for assistance and we want to honor that as 

quickly as possible. 

And then as it relates to, I just want to clarify this point. You 

can have government, just as the city of Darrington could apply to 

FEMA and have government assistance, so could a tribe. So the reimbursements or extraordinary expenses related to the natural disaster? 

17 

Ms. ZIMMERMAN. So yes, the city of Darrington is a sub-grantee 

to the State and they can come in and apply. 

Senator CANTWELL. And the tribe could do it as well? 

Ms. ZIMMERMAN. Yes. 

Senator CANTWELL. Without going through the State? 

Ms. ZIMMERMAN. Well, the city of Darrington cannot go and—the 

disaster declaration is made. Once that is made, if it is through the 

States, then it goes through the State. But if tribes come in directly, like the Santa Clara Pueblo, then it goes directly from 

FEMA to the tribe. 

Senator CANTWELL. Okay. I think this is where we need clarity. 

A tribe can ask, just like a government entity and can receive assistance and it should do so expeditiously. And I again just thank 

you, Mr. Chairman, and wholeheartedly agree, you know, we are 

also dealing with the fires in the Northwest now. And yes, there 

are some tribal impacts, too. Everybody will tell you, just as in Oso 

and Darrington, just as in Galena, the local community is so devastated, they want to help. It is the best thing they can do, is to 

get in there and help. 

And FEMA did a great job in Darrington and Oso in letting the 

locals run the show, even when FEMA came in. It did so much, so 

much pride, even the President of the United States pointed that 

out when he came there, the local community stepped up. So I just 

hope that FEMA will look at ways to let the local tribal communities step up even more. Thank you. 

The CHAIRMAN. Senator Udall? 

Senator UDALL. I am going to pass, thank you, Mr. Chairman. 

The CHAIRMAN. Senator Heitkamp? 

STATEMENT OF HON. HEIDI HEITKAMP, 

U.S. SENATOR FROM NORTH DAKOTA 

Senator HEITKAMP. Thank you, Mr. Chairman. 

Obviously North Dakota is no stranger to disaster. We have had 

two major floods, both affecting the Mandan, Hidatsa and Arikira 

Nation, Standing Rock Sioux Nation and the continuing slow drip 

of the rising lake in Devil’s Lake, which is affecting Spirit Lake. 

So a lot of these issues continue to provide unique challenges to Indian people and to my tribes in North Dakota. 

It is hard for those of us who have seen kind of the State side 

of this and the local, whether it is community development block 

grants, whether it is SBA loans, whether it is those kinds of tools 

that FEMA routinely uses to help in recovery. It is heartbreaking 

to see those same tools not being particularly effective in Indian 

Country. 

So where we talk about having the declaration done, respectful 

government to government relationship, making sure that the 

FEMA workers who are on the ground to do the evaluation have 

cultural sensitivity as well as a familiarity with the workers. I 

want to examine just for a minute the kinds of typical things that 

FEMA does in response, let’s say, to a flood, and whether in your 

experience you have seen that those tools are not particularly 

adaptive or capable of being adapted to Indian Country. 

Ms. ZIMMERMAN. I believe the tools and the way we respond can 

be very adaptive. As you know, when a disaster happens it is at 

18 

the most local level on that tribal government’s community. So as 

they are responding and as they need assistance and come up 

through FEMA, through our regions, to be able to get that extra 

assistance, they make that call to the FEMA region. That is why 

I encourage and ask all of you to assist us to make sure to get the 

word out so that each one of the tribal leaders understand who the 

regional administrator is that they can work with to be out there. 

So needs are identified, such as if you need assistance through a 

mission assignment to the Corps of Engineers—A lot of flood fighting happens up in North Dakota area—where the tribes are impacted. To be able to get that type of assistance, they would come 

in through a regional administrator to ask for that and to be able 

to get that out there. 

Senator HEITKAMP. I would like you to focus not just on a flood 

fight, or on the immediacy of dealing with the emergency, but recovery. 

Ms. ZIMMERMAN. When it comes to recovery, the same types of 

assets are programs. Having the Sandy Recovery Improvement Act 

and being able to deal government to government has been the 

first key to that. But then to take a look at our programs and how 

we administer them—whether it is public assistance for the infrastructure rebuilding or individual assistance program for those individuals impacted by the disaster—and how we can now take and 

learn from our consultation process what the impacts of our programs are and how we can work better with the tribal nations. I 

think that is key and that is something that we are learning and 

getting comments through the consultation. 

Senator HEITKAMP. Yes, and maybe just to prove my point, how 

many SBA loans do you think have been done in Indian Country 

in response to a declaration or disaster relief? 

Ms. ZIMMERMAN. I have no idea. 

Senator HEITKAMP. You wouldn’t. What is the total dollar 

amount that has been allocated back to individual families who 

have suffered damages either in the basement and may not have 

flood insurance? 

Ms. ZIMMERMAN. Right now—— 

Senator HEITKAMP. You see my point, I think. You see my point, 

which is that a lot of what is mitigation for families, I am not talking about government relief, government to government relief, but 

I am talking about the kinds of tools that come to help families and 

homeowners recover. They are not tools that are particularly, I 

don’t think, effective in Indian Country. I think it is important to 

understand those barriers, whether they are home ownership or 

whether they are—whatever it is that creates a unique situation in 

terms of dealing individually with Indian people and recovery. 

Just as an example, since I have been there, Turtle Mountain 

lost a roof on a school as a result of a high wind. There wasn’t 

enough money, they turned to the State, the State wasn’t particularly responsive. They turned to us and hopefully we got things 

taken care of. 

There should be a program in place, or a government to government relationship that you have established with the Turtle Mountain Band of Chippewa so that they have the understanding when 

19 

this happens to their community, these are the kinds of assistance 

that can help. 

I think one of the urging in your consultation and in your discussion is to run through those programs that typically provide support in the event of a flood or in the event of an emergency and 

see how those have been deployed or if they have ever been deployed in Indian Country on tribal trust land. And then think 

broadly about how can we change the outcome so that someone in 

Bismarck, North Dakota, who is within the jurisdiction of a disaster plan is, there is parity between that and Indian people living 

in Indian Country. 

The CHAIRMAN. Senator Begich? 

Senator BEGICH. Thank you, Mr. Chairman. 

Let me, if I can, and I might have missed something, because I 

was out on a call. So let me ask a couple of questions. I know when 

the Galena incident occurred in Alaska, the Tanana Chiefs and 

others were able to provide technical assistance to the tribe and 

community there. 

Can you tell me, is FEMA at this point now fully staffed and organized to really move forward on a sustainable relationship with 

tribes, not only in Alaska but throughout the Country? Can you 

give me a sense of where you are? I know we had some discussion 

and some work that I know Senator Tester did and I did regarding 

allocation of resources and I know you moved some money around 

within that organization, I think around close to $800,000, which 

is good. But are you staffed up enough and do you think you have 

a capacity now to be sustainable in building these relationships so 

the technical assistance can also come from, obviously, your organization? 

Ms. ZIMMERMAN. Right. Yes, as I was mentioning, we have the 

10 regional tribal liaisons, each one in our regions. But that is really just the conduit into getting — 

Senator BEGICH. All staffed? 

Ms. ZIMMERMAN. Yes. And we have Milo Booth back here, that 

has just started with FEMA headquarters. He has some folks working with him. But really, the key is that all 5,000 FEMA employees 

have the ability to provide technical assistance to tribal governments, just like we do anybody else in emergency management. Everyone is committed to this effort for the programs, because they 

are the subject matter experts. 

Senator BEGICH. Can you tell me, help me understand the outreach capacity? In other words, having tribes understand what the 

role is and responsibility or obligations they might have, what is 

the steps that you will be doing? I know that was one of the concerns we had, that you had such a small budget at one point that 

you can’t get out to the communities. Where are you on this now 

with the money that has been allocated, or you have reallocated, 

I should say? Tell me where you are. 

Ms. ZIMMERMAN. To date, we have held 54 listening sessions. We 

have had over 220 tribes — 

Senator BEGICH. Can I pause you for a second? I don’t meant to 

interrupt you, but the listening sessions are to gather what their 

concerns are about a disaster or about the process of what you are 

developing? 

20 

Ms. ZIMMERMAN. It is about the disaster declaration guidance. 

But it is also to get a better understanding from our standpoint as 

to the impacts disasters bring to them and to be able to identify 

those unique characteristics and what it is we need to take into our 

understanding. What we are considering our first step is the declaration guidance. As we hear comments from tribal members 

about disaster programs, about FEMA programs, whether it is 

grants or other things, we are able to educate ourselves. 

Senator BEGICH. I know in the 2015 budget you have about $1.5 

million for regional office, I think it is enhanced tribal engagement 

and more activity under salaries and expenses. So in the 2016 

budget that I know you are in the process, and it is hard to believe, 

right, that you are in that? But can you tell me, are you going to 

have enough information and detail, because it is just salaries and 

expenses, it doesn’t tell us, at least me, enough of how you are 

going to do what you have just said plus more engagement that is 

necessary. Will that be more detailed or can you help me there understand that a little bit more? 

Ms. ZIMMERMAN. I would have to get back to you. 

Senator BEGICH. Will you do that for the record? 

Ms. ZIMMERMAN. We can definitely get back for the record. 

Senator BEGICH. What is your general comment of, and you may 

not have enough information yet because you are doing this kind 

of listening sessions process, of the nations, tribes and their ability 

to be prepared in the sense of preparedness? Where would you, if 

you had a one to ten scale, recognizing that different regions have 

higher capacity or lower capacity, what would you say the preparedness of our tribes are for emergency preparedness? And I say 

this coming from a city, as a former mayor, that we strived on this 

every day, because we would have to deal with these issues on a 

very regular basis. So what would your sense be now and, I am giving a hypothetical one to ten. 

Ms. ZIMMERMAN. I am saying it probably would be low, at this 

point. Because a lot of it is new. It is something that they haven’t 

really specifically worked in. And if they haven’t had a disaster, 

even to be in the old program, to work through the State to get a 

disaster declaration. But it is something that I think is important—A lot of the sessions I went to I heard about how they want 

to learn about the incident command system, how we run disasters, 

to have plans, what that plan looks like and the templates for that. 

Senator BEGICH. Will you engage them in training and those 

kinds of activities? 

Ms. ZIMMERMAN. Yes. 

Senator BEGICH. Is that part of the budgetary process that you 

will want to incorporate? 

Ms. ZIMMERMAN. Right. Since 2002, we have offered a tribal government emergency management course out of our Emergency 

Management Institute in Emmitsburg. And we have had over 3,000 

tribal members attend that over the last 12 years. So as we go, we 

continue to develop more training classes and to deliver it in the 

field. Additionally, when we do open up a joint field office, because 

there has been a disaster declaration, we have been specifically in 

North Dakota with the Minot flooding, and we were able to bring 

in and conduct training for tribes in disaster management. 

21 

Senator BEGICH. Last question, I know my time is up. But in the 

national disaster recovery framework that you have, have you incorporated tribal governments in that process yet? 

Ms. ZIMMERMAN. Yes. We did from the start, from day one when 

we were rolling out. As I traveled the Country, rolling it out with 

a blank piece of paper, we said how we are going to develop the 

recovery framework so that we can build some consistency in how 

we do recover from disasters. 

Senator BEGICH. Tribal or local governments, State government. 

Ms. ZIMMERMAN. Right. And we had many tribal members participate in that across the Country. 

Senator BEGICH. Thank you very much, Mr. Chairman. 

The CHAIRMAN. Thank you. 

Before we go to our second panel, I just want to get your comment on one thing. That is, my crack staff gave me information 

that over a four-year period, 2010, 2011, 2012 and 2013, tribal 

awards amounted to, on average, .2 percent. Point 2 percent of the 

disaster relief fund. That would indicate to me, and we haven’t 

done the math, but it would indicate to me that there may be 

something in the program that is a deterrent for Indian Country 

to go to FEMA. Do you know of anything that would be a deterrent? 

Ms. ZIMMERMAN. I do not. I would have to look at the disaster 

declarations that have impacted tribal areas and if there were 

tribes that did not come in and ask for assistance. It would depend 

on where the disaster and damages occurred. 

The CHAIRMAN. Okay, that sounds good. I just want to thank you 

for being here, Elizabeth. There will probably be questions submitted in writing for you to respond to later on, but we have to get 

to panel two, and we want to thank you for the work you do and 

being here today. Thank you very much. 

And now I will welcome our second panel. I think we have a good 

mix of tribal officials from across the Country. We have the Honorable J. Michael Chavarria, who is the Governor of the Santa Clara 

Pueblo of New Mexico. He will be followed by Ms. Ronda Metcalf, 

Secretary for the Sauk-Suiattle Tribe in Washington State. Next 

we are going to hear from Matt Gregory, Executive Director of Risk 

Management for the Choctaw Nation in Oklahoma. We will then 

hear from Ms. Mary David, Executive Vice President of Kawerak, 

Incorporated out of Nome Alaska. You have come a long way. Finally, we are going to hear from Jake Heflin, President and CEO 

of Tribal Emergency Management Association. Once they get started, we will start with you, Governor Chavarria. 

I would like to remind folks, if you could, because there are five 

of you who will testify, try to keep it to five minutes if you can. 

Know that your full written testimony will be a part of the record. 

That will give us an opportunity to ask some questions. 

So with that, you may start, Governor Chavarria. 

STATEMENT OF HON. J. MICHAEL CHAVARRIA, GOVERNOR, 

PUEBLO OF SANTA CLARA 

Governor CHAVARRIA. [Greeting in Native tongue.] Thank you 

very much for this opportunity, Chairman Tester, Vice Chairman 

22 

Barrasso and members of the Committee, this opportunity to provide testimony on natural disasters in Indian Country. 

My name is J. Michael Chavarria. I serve as Governor for Santa 

Clara Pueblo, which is located in North Central New Mexico. 

In 2011, Santa Clara Pueblo was impacted by the Las Conchas 

Fire. This fire was very devastating, impacting 80 percent of our 

watershed, forests and our spiritual sanctuary. A huge part of our 

way of life has been destroyed. 

Because Santa Clara Canyon was stripped of its vegetation, it 

has become a funnel, generating intense flooding, which puts the 

Pueblos at risk. The Pueblo has worked with the Corps of Engineers and in a recent report that they published, they identified 

the village of Santa Clara Pueblo as in imminent threat of flooding 

with extreme loss of life, risk there and the property of Santa Clara 

Pueblo. This flooding has wiped out the existing water control 

structures within the canyon, destroyed pristine native cutthroat 

trout fish habitat, impacted roads, culverts. But most importantly, 

this traditional cultural property is located within our spiritual 

sanctuary. These floods have caused approximately $150 million of infra- structure damage. The Pueblo was requested to come up with $50 

million as our cost match to these Presidential disaster declarations, an amount far beyond our capacity and capabilities. We will 

also be seeking a waiver from the President regarding these four 

disaster declarations on behalf of the Pueblo Santa Clara. 

The Santa Clara Pueblo in 2011 had to go with the State of New 

Mexico as a sub-grantee because there were no amendments to the 

Robert T. Stafford Act that allow the tribes to go directly to the 

President. Overall, the ability to directly request for a Presidential 

disaster declaration has given the Pueblo greater control over its 

own disaster relief efforts. Further, the implementation of the National Disaster Recovery Framework, NDRF, by FEMA, which facilitates interagency collaboration, has been very helpful to the 

Pueblo, initiating a comprehensive and coordinated effort among 

the Federal family. 

However, the current laws and regulations regarding disaster relief remain the product of a different time with the effect of slow 

delivery of critically needed resources to the Pueblo to be implemented in a timely manner. Broadly, the flood disaster relief 

framework remains tailored to one-time floods on the Mississippi 

River and thus are focused on short-term efforts. Given the increasing effects of climate change, disaster relief policies must be shifted 

to focus on long-term response. 

Empowering tribes to directly request a Presidential disaster 

declaration is helpful. But standing alone, it does not fully address 

the need for quick funding response. For this reason, we recommend the creation of a BIA, Bureau of Indian Affairs, Emergency Response Fund. The idea behind this fund will be for the 

BIA to have significant funding that can be deployed over multiple 

years to address short and long-term disaster recovery and disaster 

mitigation needs. 

This proposal could be taken even further by the creation of an 

emergency management department or division within the Bureau 

of Indian Affairs. 

23 

Mr. Chairman and members of the Committee, five minutes is 

not enough time to share our experiences with you all. I request 

that you hold a field hearing in New Mexico during the monsoon 

season, which is now, so that we can all have a meaningful dialogue and you can see first-hand the experience the Santa Clara 

Pueblo has engaged in. Of course, we can’t do that, but there is 

much more we can share, if you can’t come to New Mexico and see 

the situation first-hand. 

I would like to close by thanking the Committee for the opportunity and thanking the many Federal agencies and officials that 

have worked long hours and continue to address our concerns for 

the imminent threat of flooding that exists there in New Mexico. 

One of the challenges, Mr. Chairman, is the tribe must meet a million dollar threshold if we are supposed to go direct. A lot of the 

tribes don’t have a million dollars in infrastructure damages. 

So we are requesting that we lower, through these field hearings or these processes, maybe lowering that threshold to $250,000, 

even $500,000. Because ultimately, you must be eligible through 

your preliminary damage assessment. Once you declare, FEMA 

starts to come out and do an assessment. If you don’t meet that 

million dollar threshold, you are not eligible for Federal assistance. 

And so implementing this NDRF has been very important to the 

Pueblo of Santa Clara as it brings all these existing authorities 

within the Federal Government to them in a timely manner and 

provides assistance to the Pueblo when it is needed. Not having to 

wait a year after a disaster to finally get some funds obligated 

through a project worksheet, because we are already behind that 

eight ball. 

So Mr. Chairman, members of the Committee, as I mentioned, 

five minutes is not enough time to stress the issues and concerns. 

But I really appreciate the opportunity of being here today and I 

also stand for questions after the panel has presented their statements. 

Thank you, Mr. Chairman. 

[The prepared statement of Governor Chavarria follows:] 

PREPARED STATEMENT OF HON. J. MICHAEL CHAVARRIA, GOVERNOR, PUEBLO OF

SANTA CLARA

Introduction. 

Thank you Chairman Tester, Vice Chairman Barrasso, and members of the Committee for this opportunity to provide testimony on the critically important topic of 

natural disasters in Indian Country. My name is J. Michael Chavarria, and I am 

the Governor of the Santa Clara Pueblo located in north-central New Mexico. Because of wildfires and subsequent intense flooding, the Santa Clara Pueblo has had 

four Presidential Disaster Declarations (or PDDs) in the last three years. Indeed, 

in a recent report, the Army Corps stated: ‘‘The Village of Santa Clara Pueblo is 

in imminent threat of large damaging floods with extreme life safety risk.’’ My testimony (1) shares our experiences with disaster relief, and (2) urges the creation of 

a Bureau of Indian Affairs (BIA) Emergency Response Fund, among other recommendations. 

Tremendous Efforts of Many Federal Employees 

I would like to open by thanking the many individuals that we work with at the 

Federal Emergency Management Agency, the Army Corps of Engineers, the Bureau 

of Indian Affairs, the Bureau of Reclamation, the US Department of Agriculture and 

others for the long hours that they have committed to addressing what continues 

to be an existential threat to the Santa Clara Pueblo. Despite working with laws 

and regulations that can be cumbersome or just simply designed for very different 

24 

emergencies, they continue to show commitment and determination, for which I and 

my people are truly grateful. There is work to be done and there are significant improvements to be made, but at Santa Clara we have hope that after suffering a terrible loss we can secure the safety of our community in the short term and its cultural and spiritual integrity and prosperity in the long-term. 

Need for a Policy Shift 

Santa Clara has had four Presidential Disaster Declarations. Two were secured 

by request of the State of New Mexico and two were secured by direct request of 

the Tribe after the Stafford Act was amended. Overall, the ability to directly request 

Presidential Disaster Declarations has given Santa Clara Pueblo greater control 

over our own disaster relief efforts. Further, the implementation of the National 

Disaster Recovery Framework (NDRF) by FEMA, which facilitates inter-agency collaboration, has been helpful to Santa Clara in assuring a comprehensive and coordinated effort among the Federal family. However, despite the hard work of many 

dedicated agency staff members, current laws and regulations regarding disaster relief remain a product of a different time, with the effect of still slowing the delivery 

of critically needed resources. Broadly, the flood disaster relief framework remains 

tailored to onetime floods on the Mississippi River and thus are focused on shortterm efforts (and this not only refers to funding, but to how each contract is written 

and the expectations of the implementing policies). Given the realities of life in the 

southwestern United States and the increasing effects of climate change, disaster 

relief policies must be shifted to focus on long-term response such as addressing 

Santa Clara’s post-fire, periodic flooding, which will remain a great hazard to our 

well-being for perhaps a decade, as the Santa Clara Canyon slowly recovers. Although significant progress has been made, more work remains to be done to ensure 

effective responses to natural disasters in Indian Country. 

Background 

In the summer of 2011, the Santa Clara Pueblo was devastated by the Las 

Conchas Fire, which was then the largest wildfire in New Mexico history. We estimate that over 16,000 acres of our forest lands were burned and, together with the 

lands we lost in the Oso Complex Fire of 1998 and the Cerro Grande Fire of 2000, 

80 percent of our forests and a huge part of our heritage has been destroyed. None 

of the four fires we have faced in the past decade have originated on our lands, yet 

we have suffered severe consequences. 

The Las Conchas fire also burned thousands of acres of our traditional lands outside our current reservation—including the lands of our origin, the P’opii Khanu, 

which are the forested headwaters of the Santa Clara Creek. The Santa Clara Creek 

drains the east side of the Jemez Mountains, delivering its waters to the Rio Grande 

near Espan ̃ ola, NM. The Las Conchas burn scar within impacted 25.9 miles of 

Santa Clara Creek’s upper watershed. The Pueblo owns almost the entire watershed, and the Tribal village is located on Santa Clara Creek’s alluvial fan, where 

the Santa Clara Creek joins the Rio Grande. 

Because Santa Clara Canyon has been stripped of its vegetation, the Pueblo has 

experienced severe flash flooding. All four Presidential Disaster Declarations have 

involved infrastructure damages stemming from catastrophic flash floods. Flooding 

has wiped out existing water control structures within the canyon, destroyed oncepristine native cutthroat fish habitat, impacted roads, taken away culverts, and 

damaged the traditional cultural properties of our sanctuary. 

Continued Threat of Catastrophic Floods 

As a result of the altered hydrology and Geomorphic changes, the Pueblo is in 

greater danger today of a catastrophic flood. Because of the severity of the burn, 

there has been dramatic reduction in infiltration rates in the burned area. This has 

resulted in a four-to-eight-fold increase in runoff and sediment/debris flow along the 

creek, substantially increasing the potential for widespread damage. 

The graph below contains data for the Santa Clara Creek pre-fire and post-fire. 

As the graph indicates, the worst case scenario is a 100-year storm. For the Rio 

Grande Confluence, such a storm would have flooded 5,640 cubic feet per second 

(cfs) pre-fire and now, post-fire, would flood 21,450 cfs. 

25 

Lessons from our Disaster Relief Experiences 

Because of our four Presidential Disaster Declarations, Santa Clara Pueblo has 

experience both as a sub-grantee and as a direct grantee. As you are aware, previously Presidential Disaster Declarations had to be requested through the states. 

For tribes, securing a state request for a Presidential Disaster Declaration could be 

difficult. New Mexico did, however, request such declarations on behalf of Santa 

Clara Pueblo on two occasions. Unfortunately, in these instances it took up to a year 

for the Pueblo to receive the requested disaster relief funds from the State, hampering our ability to provide urgently needed, immediate relief. 

Amendments to the Stafford Act now allow tribes to directly request Presidential 

Disaster Declarations. The ability to become direct-grantees has given Santa Clara 

Pueblo greater ability to direct its own disaster relief efforts. Additionally, the 

NDRF has been enormously helpful in coordinating agency responses and providing 

a more collaborative and effective approach to disaster recovery. 

The direct grantee process, however, is not without its challenges. It is a new 

process, and Santa Clara Pueblo has been the first tribe to utilize it in FEMA Region VI. For both the Pueblo and the Region, there is a lot of learning that has to 

take place. We have been going through that learning process with FEMA—in many 

ways we feel like we are path-finders for other tribes, should they be so unfortunate 

as to face the difficulties we have faced. 

As a sub-grantee, receiving funds through the state, the tribe must match 12.5 

percent and the state has the burden of administering the grant. As a direct grantee, the tribe’s match is 25 percent, although this can be lowered to 10 percent once 

the per capita threshold is met. Additionally, as a direct grantee the tribe is responsible for the administrative costs associated with the grant, although the Pueblo receives 3.37 percent in administrative funding from FEMA. Tribes may also face 

challenges meeting the $1 million FEMA threshold. This threshold should be developed to coincide with tribes’ financial resources and capacities, and tribal consortiums should be able to apply for relief in order to meet this threshold. 

Santa Clara Pueblo, as a direct grantee, has seen smaller funded projects be funded very quickly by FEMA, but larger Project Worksheets still proceed through a 

time-consuming quality assurance/quality control process. This process is clearly important, but it greatly lengthens the review time, and yet it is very important to 

get these funds working when you face the situation Santa Clara faces, where the 

next disaster is inevitable, it is only a matter of when. Right now, we are in the 

New Mexico monsoon season. Every day we scan the skies and read the weather 

reports, fearing the worst and praying for the best. Receiving funds to support recover efforts prior to the seasonal impacts of monsoons is imperative in breaking 

the cycle of continued damage that has resulted in four Presidential Disaster Declarations for Santa Clara Pueblo. As our experiences demonstrate, in emergency situations project implementation is crucial to protecting lives, securing our community, and preventing repeated damage to key infrastructure. 

The four Presidential Disaster Declarations have put a significant financial burden on the Pueblo as a small tribe. The matching funds requirements across four 

PDDs have drained the Pueblo’s financials resources. Due to these tremendous financial responsibilities, the Pueblo has requested FEMA to combine the four PDD 

into one PDD so that the Pueblo is in a better position to meet the financial cost 

share responsibilities. This would allow the Pueblo the opportunity to get to the 90/ 

10 cost share, using the per capita figures to get to that level. Right now we are 

only going to meet that threshold on one PDD, while the first two as a sub-grantee 

with the State will remain at 12.5 percent with remaining PDD as a direct grantee 

at 25 percent. These variations are challenges we must be aware of so that the 


730a1.eps
26 

Pueblo properly allocates funds to be in a position to move forward with our obligations. 

Finally, the administrative responsibility that comes along with being a direct 

grantee has challenged the Pueblo. We certainly have proven that we have the administrative capability but we had to learn through trial and error. As the changes 

to the Stafford Act allowing Tribes to request direct are promulgated, FEMA could 

be best served by implementing a training program that better communicate the 

regulatory requirements that come along with being a direct grantee. This would 

position the tribes nationwide to be better recipients of FEMA’s help and this would 

also allow FEMA to become more familiar with the capabilities of tribal governments. 

As the first tribe in Region 6 to receive direct funding, we know that we are involved in a learning process with our federal partners. Training and capacity building is needed on both sides of the federal-tribal partnership. Tribes need additional 

training to administer funds successfully and our federal partners could benefit from 

allowing tribes such as Santa Clara Pueblo to conduct training for tribal liaisons 

to help them become more familiar with working with tribal governments. Together 

we can work to build the capacity of both tribal and federal actors and to identify 

areas in which disaster relief policy can be adapted to better fit the circumstances 

of natural disasters in Indian Country. 

Emergency Response Fund 

Our experiences with disaster relief highlight the need for tribes to receive assistance as soon as possible following a natural disaster. Empowering tribes to directly 

request a Presidential Disaster Declaration can be helpful, but standing alone it 

does not fully address the need for quick funding. For this reason, we recommend 

the creation of a BIA Emergency Response Fund. The idea behind this fund would 

be for the BIA to have readily at hand significant funding that can be deployed over 

multiple years, if necessary, to address short- and long-term disaster recovery and 

disaster mitigation needs. 

Other Recommendations 

Santa Clara has a few other recommendations that range more widely than those 

set forth above: 

1. Appropriate necessary funds for implementation of Forest treatments as identified under the Tribal Forest Protection Act (TFPA). The TFPA authorizes the 

Secretaries of Agriculture and Interior to give special consideration to triballyproposed Stewardship Contracting or other projects on Forest Service or BLM 

land bordering or adjacent to Indian trust land in order to protect the Indian 

trust resources from fire, disease, or other threat coming off of that Forest Service or BLM land. These stewardship agreements are an important tool for fighting the ever-growing threat of wildfires in the West. Empowering tribal governments as caretakers to protect tribal lands by managing adjacent federal lands 

is a smart policy. Santa Clara urges the Committee to support the expansion 

of this program by both the Department of Agriculture and by the Department 

of the Interior. 

2. Implement funding for treatments, on and off the reservation, utilizing microsite of land management. This would be done forgoing the NEPA process to 

quickly implement a plan of action of lesson the threat of catastrophic fires from 

encroaching upon our Trust Resources. Huge amounts of funds are used annually for fire suppression while those same funds could be used to implement 

Hazardous Fuels Reduction, Fuel Breaks etc. to lessen the financial responsibility of the Federal Government for fire suppression activities. 

3. Continue consultations with tribes regarding implementation of the Stafford 

Act amendments. The Pueblo has been engaged with navigating a new system 

afforded by the amendments to the Robert T. Stafford Act. The opportunities 

also come with challenges-and education about the process is essential on both 

sides of the table as to properly protect the integrity of such responsibilities 

that come along as a Direct Grantee. 

4. In addition to creating an Emergency Management Fund within the BIA, create an Emergency Management Department (EMD). The EMD would be responsible for protecting Trust Resources before, during and after emergency situations. Appropriations could be funneled through the 93–638 process which 

would allow the Tribes to use those funds as cost match to other Federal Authorities. This would allow the Tribes to be in a positon to meet the required 

cost match associated under each Authority dealing with a Presidential Disaster 

27 

Declaration, thus providing the protection of lives and community infrastructure 

from future impacts. 

5. Provide adequate funding to Fire Suppression Activities budgets. Hazardous 

Fuels Reduction funding is impacted by the high costs ‘‘Mega Fires’’ that has 

become the new trend in wildfires, and reduces the ability of being able to 

proactively reduce or minimize the effects of wildfire on tribal forests. There are 

many programs that can reduce the risk of catastrophic wildland fires. These 

include but are not limited to: Collaborative Forest Landscape Restoration, Hazardous Fuels, and Federal and Cooperative Forest Health programs, Stewardship Contracting Authorities under the Tribal Forest Protection Act, State Fire 

Assistance, and others. Approaches to restoring fire-adapted ecosystems often 

require treatment or removal of excess fuels (e.g., through mechanical thinning, 

prescribed fire, or a combination of the two) that reduce tree densities in crowded forests, and the application of fire to promote the growth of native plants 

and reestablish desired vegetation and fuel conditions. 

Thank you for your consideration of this testimony. 

Appendix: USACE Map 

Below is a Map created by the USACE contractor Tetra Tech indicating the potential flood inundation for potential flood events from 2 yr. thru 500 yr. flood events 

within the Santa Clara Pueblo Community. 

The CHAIRMAN. Thank you for your testimony, Governor. 

Ms. Ronda Metcalf, you are up. 

STATEMENT OF HON. RONDA METCALF, SECRETARY, SAUK– 

SUIATTLE INDIAN TRIBE 

Ms. METCALF. Thank you. Good afternoon, Chairman Tester and 

members of the Committee. My name is Ronda Metcalf. 

Although I am going to say I am honored to be here, I have to 

say that it is sad for me to be here to have to give this testimony 

for my tribal members, the Sauk-Suiattle Indian Tribe. I am a 


730a2.eps
28 

council member and I am employed as the General Manager of the 

Tribe. 

This is probably our first time in quite a while in appearing before a committee, so I wanted to provide some brief background 

about the Sauk-Suiattle Tribe. The tribe is located in the North 

Cascade Mountains of Washington State, just outside the town of 

Darrington. The tribe’s reservation was established in 1985, including our reservation lands. The tribe currently is the beneficial 

owner of approximately, this is incorrect, because we just bought 

100 acres of land, so we now own 200 acres of land. The tribe has 

approximately 225 enrolled members. The tribe does not have a 

gaming facility. Most of our tribal government revenue is from the 

tribe’s small business and Federal grants. 

On the morning of March 22, 2014, the deadliest mud disaster 

in United States history occurred in Oso, Washington. Our Vice 

Chairman, Kevin Lennon, was one of the first responders. He was 

there, he is a volunteer firefighter for District 24 of Darrington. 

And we lose Kevin on a daily basis, because he is a volunteer firefighter and rescuer. We did not see Kevin for the first eight days. 

So we do have a part in the town of Darrington. 

This landslide engulfed 49 homes and was responsible for the 

death of 43. The last person’s body was found last week, so we are 

very happy about that. It also dammed the Stillaguamish River, 

causing extensive flooding upstream, as well as blocking State 

Route 530. Actually, the mudslide destroyed Highway 530. 

In destroying Highway 530, it also destroyed the infrastructure 

that went to the city of Darrington and the Sauk-Suiattle Indian 

Reservation, that being the phone lines disrupted phone service, 

internet service and everything that we need to use to survive on 

a daily basis. I think it is important to know that all the draw 

downs for funding from the BIA, Indian Health Services, come 

through the internet. That is the only way we get them. 

Based on the tribe’s experiences in dealing with the Oso disaster, 

I want to highlight a few points that are detailed in our written 

statement. First, FEMA needs to clarify its requirements for tribal 

emergency declarations. An emergency declaration is usually made 

during the immediate rescue phase of a disaster and allows for direct assistance from Federal personnel. That is the direct declaration that the tribal chairman and the council was trying to write. 

These are different than the requests for the Presidential disaster 

declaration, which triggers FEMA’s public assistance and individual assistance program. 

The FEMA staff could not provide clear guidance on what they 

required for tribal emergency declarations. It took 19 days, from 

March 27th to April 15th, 2014, for us to achieve an emergency 

declaration that FEMA would accept. The confusion and uncertainty resulted in delaying the tribe receiving assistance. 

Second, FEMA must improve its coordination with tribes and 

charitable organizations, like the Red Cross. For example, FEMA 

requested that the tribe add additional staff to operate our triballyowned convenience store to meet the needs of the first responders. 

The tribe was happy to assist in the rescue and recovery efforts in 

any way that we could, and readily agreed. FEMA represented to 

us that the tribe would be reimbursed for this additional payroll 

29 

expense. Despite what the tribe was initially told, FEMA later informed us that these expenses were not reimbursable because the 

business was owned by the tribe. 

We also experienced problems in dealing with the Red Cross. Although not a Federal agency, the Red Cross works closely with 

FEMA and gets reimbursed by FEMA for many of its responses 

costs. The tribe understands that the on-ground personnel in a disaster situation face significant challenges and pressures. This is all 

the more reason why FEMA must better coordinate with Indian 

tribes to provide accurate information and improved delivery of 

services. 

Finally, the BIA and IHS should formalize their disaster response protocols and make emergency resources available for tribes 

for major disasters. The closure of State Route 530 severely impacted our tribe’s members’ ability to receive medical care from Arlington, Marysville and Everett and other locations. IHS wrote our 

chairman, suggesting that our tribal members take public county 

transportation to medical appointments, because it was a free service. When tribal members are sick, elderly and do not feel well, a 

difficult, more than 90 mile public bus trip each way is not an acceptable Federal response. A better approach would have been for 

IHS to provide medical staff or mobile health units to the reservation or provide funding for more patient transport of Indian patients affected by the disaster. We urge the Committee to explore 

with IHS, utilizing IHS’s catastrophic health emergency fund, referred to as the CHEF fund, to pay for these types of costs. 

In closing, the tribe would like to express its thanks to the other 

Indian tribes that provided us with assistance. The Nisqually Tribe 

sent us food and water, the Colville Tribes sent their emergency 

management team to assist us with the technical aspects of emergency management. And the Stillaguamish tribe provided us with 

some fuel cards for our tribal members. 

That concludes my testimony. I would be happy to answer questions. 

[The prepared statement of Ms. Metcalf follows:] 

PREPARED STATEMENT OF HON. RONDA METCALF, SECRETARY, SAUK-SUIATTLE

INDIAN TRIBE

Good afternoon, Chairman Tester, Vice Chairman Barrasso, and members of the 

Committee. My name is Ronda Metcalf and I am pleased to provide this testimony 

on behalf of the Sauk-Suiattle Indian Tribe (‘‘Tribe’’ or ‘‘SSIT’’) on responses to natural disasters in Indian country. I serve as the Tribal Council Secretary elect, and 

General Manager of the governmental administrative offices of the Tribe. 

On behalf of the Honorable Norma A. Joseph, Chairwoman of the Tribe, I would 

like to express our appreciation to the Committee for holding this important hearing. We believe our Tribe’s experience dealing with aftermath of the catastrophic 

mudslide in Oso, Washington, this past spring will be valuable to the Committee 

as it considers solutions to these issues. 

As explained below, the Tribe has three main observations from its recent experiences. The first is the need for FEMA to clarify its requirements for tribal emergency declarations. Secondly, FEMA must improve its coordination with tribes and 

charitable organizations like the Red Cross to provide affected tribes with accurate 

information and reliable assistance. Finally, the Bureau of Indian Affairs (BIA) and 

the Indian Health Service (IHS) should formalize disaster response protocols and 

make emergency resources available when tribes are affected by major natural disasters like the Oso mudslide. 

30 

Background on the SSIT 

The Tribe was a signatory to the Point Elliot Treaty of 1855 as the Sah-ku-mehu. 

Our Homelands are located in the North Cascades, including the entire drainage 

area of the Stillaguamish, Sauk, Suiattle and Cascade Rivers. We have lands and 

businesses located within the Stillaguamish valley corridor. All the basic utilities 

that serve these areas come up through the Stillaguamish Valley. The Tribe’s reservation was established in 1985 and is located about two miles into Skagit County 

along State Route 530 (‘‘SR 530’’), just outside the town of Darrington. There are 

approximately 20 homes, the tribal administrative offices, Health and Social Services and Tribal Police on the reservation. In our community all emergency services 

are provided on a cooperative basis by Snohomish County Fire District 24. Our Tribal Council Vice-Chair, Kevin Lenon, is a volunteer with the fire department and is 

ordinarily designated as the lead person in connection with any emergency. 

Currently, the Tribe has over 225 members who reside on, off, or near the Tribe’s 

reservation lands, as well as numerous members of other tribes. The Sauk-Suiattle 

Tribal Council is comprised of seven elected officials who make up the governing 

body of the Tribe. Including its reservation, the Tribe currently owns or is the beneficial owner of approximately 100 acres of land. We were canoe people, plying the 

swift waters of the Sauk, Suiattle, Stillaguamish, Cascade, and Skagit Rivers, and 

the Salish Sea. Hunting, fishing and gathering at usual and accustomed places we 

have utilized since time immemorial have been the Tribe’s traditional sources of revenue, subsistence, and ceremonial needs. 

The OSO Mudslide 

On the morning of March 22, 2014, the deadliest mudslide disaster in United 

States history occurred in Oso, Washington. This landslide engulfed 49 homes, was 

responsible for the deaths of 43 people and destroyed utility infrastructure. It also 

dammed a river, causing extensive flooding upstream as well as blocking SR 530, 

which is the main thoroughfare into and out of the town of Darrington. The town 

of Darrington is approximately 11 miles east of the mudslide epicenter and has a 

population of approximately 1,300. 

With SR 530 being closed for an indefinite time, the socio-economic impact of the 

Oso mudslide to the Tribe and its members was severe and devastating in various 

ways. Please note that all socio-economic activities of the Tribe are tied to and conducted in the cities of Arlington, Marysville and Everett, Washington. This mudslide 

destroyed the vital communication infrastructure of the Tribe such as land and cell 

phones, and Internet service. Without phone or Internet service, tribal government 

operations largely came to a standstill and made the process of initiating emergency 

services nearly impossible. 

From March 22, 2014, through June 1, 2014, the Tribe and its tribal members 

had to commute 92 miles each way to the town of Arlington using an alternate 

route. With high gasoline prices at nearly $4.00 dollars per gallon, the additional 

commute for tribal members to work or receive medical services in Arlington, 

Marysville and Everett was an extreme, day-to-day financial burden. Many of these 

household incomes are already under 200 percent below the poverty level. 

In the immediate aftermath of the Oso mudslide, the Tribe requested assistance 

from many different federal agencies, including the BIA. The only immediate response we received was from the BIA’s Puget Sound Agency. The acting agency superintendent and his staff came to the reservation first thing the following Monday 

to evaluate the Tribe’s needs. All of our operating costs for the Tribe’s governmental 

programs increased during the months of March, April, May, June. Those increases 

continue to affect the Tribe’s budget today. 

1. FEMA Must Clarify its Requirements for Tribal Emergency Declarations 

Generally, tribes and states can make two types of declarations for FEMA assistance. The first is an emergency declaration, which is usually made during the immediate rescue phase of a disaster and allows for direct assistance from federal personnel. The second, more detailed declaration is a request for a Presidential Disaster Declaration (PDD), which triggers FEMA’s Public Assistance and Individual 

Assistance programs. Congress amended the Stafford Act last year to allow tribes 

to request PDDs directly without going through state governments. FEMA is currently soliciting comments from tribes on draft guidance to implement the PDD request process. 

Much less clear is what FEMA requires for emergency declarations. On March 27, 

2014, Tribal Chairman Joseph made a Tribal Declaration of Emergency due to the 

impact of the SR 530 being closed for an indefinite time because one mile of the 

highway was under the mudslide. However, the assistance and instructions the 

Tribe received from FEMA were unclear as to the correct terminology to use in the 

31 

emergency declaration. It took nineteen days, from March 27 to April 15, 2014, to 

achieve a declaration that FEMA would accept. This confusion and uncertainly resulted in delay in the Tribe receiving tangible assistance. 

Washington State included the Tribe in its request for a PDD, which President 

Obama approved on April 2, 2014. The Tribe, however, remains unclear about 

FEMA’s administrative requirements for emergency declarations. 

Going forward, FEMA needs to formalize guidance on emergency declarations and 

how they relate to PDDs and ensure that field staff can provide tribes accurate 

guidance. More importantly, senior FEMA officials need to have this information 

and relay it directly to tribal leadership. The Tribe’s size and lack of resources does 

not allow it to have the resources to maintain a full time emergency management 

department, so FEMA must be prepared to provide this information. 

2. FEMA Must Improve Its Coordination with Tribes and Charitable Organizations 

like the Red Cross 

In the weeks following the Oso mudslide, a number of problems arose because of 

either inaccurate information or lack of coordination on the part of FEMA or its 

partners. 

For example, FEMA requested that the Tribe add additional staff to operate our 

tribally owned convenience store to meet the needs of the first responders. The Tribe 

was happy to assist in the rescue and recovery efforts in any way that it could and 

readily agreed. FEMA also represented to the Tribe that the Tribe would be reimbursed for this additional payroll expense. The Tribe also sold gasoline to emergency 

personnel at cost as a way of assisting the rescue and recovery efforts. 

Despite what the Tribe was initially told, FEMA later informed the Tribe that the 

additional costs that the Tribe incurred at FEMA’s request were not reimbursable 

because the business was owned by the Tribe. The Tribe relies upon revenue generated by retail and gasoline sales to consumers at its convenience store located on 

SR 530. As a result of the closure of SR 530, the Tribe lost revenue due to reduced 

sales which is ordinarily generated by tourist and other traffic. We are aware in 

prior disasters that FEMA field personnel have been confused about how trust property and tribally owned property would be treated for reimbursement purposes. The 

Tribe also understands that state governments are reimbursed when state employees work overtime to clear debris or otherwise respond to disasters. We still have 

not received a satisfactory explanation why these expenses are not reimbursable. 

There was also inconsistency and confusion on the part of FEMA in providing 

transportation assistance. FEMA distributed gas cards to certain residents of the 

town of Darrington and yet told Tribal members that they were not eligible to receive this assistance. When the Tribe questioned FEMA about this discrepancy, we 

were told that they will come to the reservation and distribute the gas cards. FEMA 

staff, however, did not show up the day that they had promised. 

In addition to FEMA, there was also inconsistency and confusion in the response 

on the part of charitable organizations such as the Red Cross. Although not a federal agency, the Red Cross receives reimbursement from FEMA for expenses it incurs in responding to disasters and coordinates closely with FEMA. 

The Tribe was asked to accept gas vouchers given by the Red Cross and other 

charitable organizations, but the reimbursements of the gas vouchers took so long 

that our gasoline station incurred an $11,926.00 deficit in the month of April 2014. 

The store ran out of cash to pay the gasoline and other vendors who demanded cash 

upon delivery of goods and services. Again, these losses are apparently not reimbursable because the business is owned by the Tribe, or for other reasons that have 

not been explained. Similarly, the Stillaguamish Tribe donated gas cards to the Red 

Cross and FEMA to assist the population impacted and yet the tribal members of 

SSIT—who are also partners of the Stillaguamish Tribe—did not receive this assistance. 

There were also logistical issues with food delivery. All donated food items were 

promptly distributed to assist the local food bank in the town of Darrington. On the 

other hand, it was not until May 2014, nearly a month and a half after the 

mudslide, that the Tribe finally received a shipment of donated food items from 

FEMA and the Red Cross. The food that ultimately arrived was several crates of 

spaghetti sauce which had past due expiration dates. Complicating matters was that 

the crates of food were infested with mice. This mouse infestation required the Tribe 

to close the buildings that the crates were stored in—one of which was the Tribe’s 

day care facility—to conduct pest control. Again, these expenses were not reimbursable by FEMA. 

In the end, neither our Tribe nor our tribal members could rely on FEMA’s information. Some of our individual members received financial assistance in May 2014 

but the promise of three months of assistance was never realized. 

32 

The Tribe understands that on-the-ground personnel in these disaster response 

situations face significant challenges and pressures. This is all the more reason why 

FEMA must better coordinate with Indian tribes to provide accurate information 

and improved delivery of services. FEMA must also provide closer supervision over 

organizations like the Red Cross to ensure that they are properly carrying out services for which they seek FEMA reimbursement. 

When families are already struggling for assistance, they cannot be simply told 

by federal officials what they want to hear. They need to hear accurate information 

so that they do not have unreal hopes and expectations and can plan accordingly. 

3. The BIA and IHS Should Formalize Disaster Response Protocols and Make 

Emergency Resources Available when Needed 

Finally, the BIA and IHS should implement protocols and make changes to their 

programs to provide assistance to tribes when incidents like the Oso mudslide affect 

tribes and tribal members. 

In the immediate aftermath of the mudslide, the Tribe’s communications systems 

were severely impacted. On March 25, 2014, the BIA Regional Office in Portland 

promised the Tribe a mobile communication unit to improve the telecommunication 

of the tribe. To date, the SSIT communication systems such as land and cell phones, 

and Internet services are still not working properly. There are days that the Tribe 

has no landline, cell phone and Internet services. The BIA instructed the Tribe to 

provide it with a written description of needs following the mudslide. We provided 

this information to the BIA but have yet to see any action on those items. 

The closure of SR 530 severely impacted our Tribal members’ ability to receive 

medical care from Arlington, Marysville, Everett, and other locations that were not 

accessible via SR 530. IHS wrote to our Chairman suggesting that our members 

take public county transportation to travel for 60 miles from the reservation to 

Sedro Woolley to medical appointments because it was a free service. Not only was 

this not free, but it but it required tribal members to transfer buses several times 

in order to reach Mt. Vernon, Arlington, Marysville and Everett—another 60 miles. 

When tribal members are sick, elderly, and do not feel well, a more than 90 mile 

public bus trip each way is not an acceptable federal response. 

A better approach would have been for IHS to provide medical staff or mobile 

health units to the reservation, or provide funding for more efficient private transport of Indian patients affected by these types of disasters. The Tribe urges the 

Committee to explore with IHS utilizing IHS’s Catastrophic Health Emergency 

Fund, popularly referred to as the ‘‘CHEF,’’ to pay for these types of costs going forward. 

In closing, the Tribe would like to express its thanks to the other Indian tribes 

that provided SSIT with assistance. The Nisqually Tribe sent food and water. The 

Colville Confederated Tribes sent some of their emergency management personnel 

to assist the Tribe on technical aspects of emergency management. As previously 

mentioned, the Stillaguamish Tribe provided our members with fuel assistance and 

other support. 

This concludes my testimony. At this time, I would be happy to answer any questions that the members of the Committee may have. 

The CHAIRMAN. Thank you for your testimony, Ronda. 

Matt Gregory, from Choctaw. 

STATEMENT OF MATT GREGORY, EXECUTIVE DIRECTOR OF 

RISK MANAGEMENT, CHOCTAW NATION OF OKLAHOMA 

Mr. GREGORY. Thank you. 

In the past 13 years, I have watched the Choctaw Nation become 

far better prepared for disasters that keep hitting our people and 

our neighbors. But we have much more to do. And we need your 

help. 

Today I want to highlight three points. First, the Stafford Act 

threshold of $1 million is too high for the disasters in much of impoverished, infrastructure-less Indian Country. Second, relative to 

size and challenges, Indian Country receives unfairly small share 

of disaster funds from DHS. Third, we need a GAO study to provide better information in disaster response, capabilities and resources in Indian Country. 

33 

The Choctaw Nation governmental responsibilities are daunting. 

Our boundaries cover ten and a half counties, 11,000 square miles, 

230,000 people, and one-fifth of those are Choctaw members. The 

lives and families of our members are intertwined with those of our 

neighbors. Our government shares responsibilities with dozens of 

neighboring towns, city and county governments. 

We know from the news that Southeastern Oklahoma is confronted each year by several natural disasters: tornadoes, ice 

storms, high winds, drought, wildfires, earthquakes. As we speak, 

we currently are under a flash flood watch in Southeastern Oklahoma. Tornadoes alone, between 1950 and 2014, hit Choctaw communities 336 times, with 48 deaths and $73 million in damages. 

The Choctaw Nation’s first instinct is to help. For example, when 

an EF3 tornado hit Tushka three years ago, killing two people and 

injuring 40, we immediately provided food, water and supplies and 

helped in cleanup and rebuilding. We do that every time an event 

occurs, big or small, Choctaw or not. 

The tribal disaster assistance is absolutely vital in Indian Country, where insurance coverage is often not affordable and non-existent. In the Tushka tornado event, one-half the houses affected did 

not have home insurance. Additionally, the current premiums for 

home insurance have increased as much as 50 percent since 2011. 

All of this can be very challenging. The good news is that with 

strategic mitigation projects, we have lessened the effects of disasters on our tribal members and the communities in which we reside. 

We applaud your changes to the Stafford Act. They strengthen 

sovereignty and allow tribes like the Choctaw Nation to seek a disaster declaration directly from the President. But the Stafford Act 

needs further improvement. The $1 million in damages as a threshold for applying for a disaster declaration, this often does not work 

for a tribe which has small communities spread out over remote 

rural areas. As you know, a one size fits all, cookie cutter approach 

never works well in Indian Country, especially in Oklahoma, where 

tribes are poor and typically do not own utilities, roads and other 

infrastructure that, during a disaster, help a county or State reach 

the $1 million damage threshold. 

I also ask your help in expanding opportunities for tribes for 

more direct Federal assistance for preparedness and mitigation 

projects. Over the last four years, Indian tribes have received just 

1.3 percent of DHS grant funds. More tribal specific funding opportunities are needed. 

Finally, very little information exists regarding preparedness, 

disaster response and recovery within American Indian and Alaska 

Native communities. We request that you utilize the GAO to study 

the homeland security and emergency management capabilities of 

tribes. The GAO report will help inform Federal decision-makers 

and assist tribal leaders and identify specific legislative changes 

that may be necessary. 

In conclusion, we do not have all the answers. But we do want 

to be included in the discussion and help shape the solutions. 

FEMA and Homeland Security should broaden its dialogue with Indian tribes to develop and implement a disaster response policy 

that makes sense for all of Indian Country. The continued support 

34 

of the Committee is critical to the success of the life and death 

emergency preparedness of Indian Country. 

Thank you. 

[The prepared statement of Mr. Gregory follows:] 

PREPARED STATEMENT OF MATT GREGORY, EXECUTIVE DIRECTOR OF RISK

MANAGEMENT, CHOCTAW NATION OF OKLAHOMA

Good Afternoon. Mr. Chairman, Members of the Committee, my name is Matt 

Gregory and I am the Executive Director of Risk Management for the Choctaw Nation of Oklahoma. On behalf of our Chief, the Honorable Gary Batton, I thank you 

for this opportunity to testify. 

I am responsible to the Choctaw Nation for oversight of its Emergency Management Program. Our job is to ensure that the Choctaw Nation is prepared for, and 

ready to respond to, the next disaster. I’ve held this responsibility for 13 years, and 

have many years of experience in the fields of risk management, insurance and public safety. The Choctaw Nation has grown our emergency response program over the 

past 5 years and we expect that we will need to further expand our capabilities. 

The Choctaw Nation jurisdictional boundaries cover a 101⁄2 county-wide area in 

southeastern Oklahoma, including Bryan, Atoka, Coal, Pittsburg, Haskell, Latimer, 

LeFlore, Hughes, McCurtain, Choctaw, and Pushmataha counties. We are responsible for approximately 11,000 square miles. This mostly rural area has a Census 

2010 population of 233,126. Of that, approximately 42,000 are Choctaw tribal members. The Choctaw Nation shares governmental responsibilities with various local 

units of government. Because of our checkerboard land ownership and the generations of non-members who now live among tribal citizens in our communities, our 

challenges are somewhat different from tribal governments who exercise jurisdiction 

over an intact reservation land base. Our tribal government responsibilities are necessarily intertwined with the governmental responsibilities of our neighboring 

towns, cities, and counties. 

Along with our neighbors, the Choctaw Nation of Oklahoma usually is confronted 

by several natural disasters each year; including tornadoes, ice storms, high winds, 

extreme cold, hail storms, lightning, life-threatening heat, drought, wildfires, earthquakes, hazardous material releases, dam failures, and transportation accidents. In 

2007, Oklahoma endured nine separate federally-declared disasters. 

Throughout our history the Choctaw Nation has been plagued by significant disasters that disrupt our lives. According to the National Climatic Data Center, between 

1950 and 2014, Choctaw Nation communities experienced 336 tornado events, with 

48 deaths, and a total of $73 million in damages. In the last decade alone, Choctaw 

Nation communities lived through more than 1,450 events from all hazards and suffered damage totaling nearly $37 million, half of which was associated with 16 ice 

storms. 

The 2007 winter ice storm had a significant impact on the citizens of Pittsburg 

and surrounding counties. 28,399 power outages were reported lasting for approximately two weeks. The Choctaw Nation responded immediately and worked with 

city, county, and state agencies to help those in need. Some of our activities included: 

• Renting and placing generators in McAlester, Crowder, and Stigler at Community Centers used as shelters; 

• Supplying water, food, toiletries, tarps, batteries, flashlights, lamp oil, and 

many other necessities to our tribal members and other citizens in the affected 

areas; and 

• Collaborating with the National Guard to place a generator at our Travel Plaza 

which we opened to allow responding emergency vehicles to fuel up and get supplies. 

In April 2011 an EF3 tornado (winds measuring between 136–165 mph) struck 

the town of Tushka, just 26 miles from our Choctaw Tribal Headquarters, killing 

two people and injuring 40. The Choctaw Nation had many tribal members, employees, and neighbors deeply affected by this storm. The Choctaw Nation again responded immediately and had support on the ground within hours after the storm 

hit. At one point there were 100+ volunteers working in the area. Some of the activities included: 

• Operating a feeding station at the Command Center for volunteer workers and 

displaced citizens; 

35 

• Delivering food, water, and basic necessities to several distribution points within the community; 

• Opening the Atoka Community Center as a shelter and access point for tribal 

members needing services; and 

• Setting up a first aid center for injured citizens and workers. 

I want to note that a survey after the tornado indicated that nearly one-half of 

the residents of Tushka did not have property insurance coverage. We found that 

after that disaster, the cost of insurance became even more expensive, increasing 

by as much as 50 percent. The growing lack of insurance coverage makes the Choctaw Nation’s disaster assistance all the more vital. 

The Choctaw Nation has also responded to disasters like flooding events, microbursts, and winter storms. Our most recent response was to the winter ice storm 

that hit Choctaw, McCurtain, Leflore, and Pushmataha counties. During this event 

we performed the following activities: 

• Renting and placing generators in Hugo and Antlers at Community Centers 

used as shelters; 

• Renting and placing generators in Bethel and Smithville at Community Centers 

used as warming stations and water distribution sites; 

• Supplying water, food, toiletries, tarps, batteries, flashlights, lamp oil, and 

many other necessities to our tribal members and other citizens in the affected 

areas; and 

• Coordinating with the Red Cross and the Southern Baptist Disaster Relief to 

cook and deliver meals to several shelters and feeding stations. 

The Choctaw Nation of Oklahoma has responded to disasters outside our geographical boundaries as well. All citizens of Oklahoma are faced with these various 

disasters and the leadership of the Choctaw Nation of Oklahoma understands that 

unity in these times is critical to recovering from a disaster. After the tornado 

struck Chickasaw communities in Moore, Oklahoma in 2013, the Choctaw Nation 

responded with equipment, personnel, and financial resources to assist in cleanup 

and recovery. Disasters affect every aspect of life, and require a wide variety of responses (for example, one of the many things we did was deliver chicken feed in 

Moore to keep flocks alive in the days after the tornado destroyed their community). 

For its efforts in Moore, the Choctaw Nation was honored to receive the ‘‘Doing the 

Most Good’’ award from the Salvation Army, which is one of many great organizations with whom we cooperate in disaster relief. 

The Choctaw Nation considers itself blessed to have resources available to assist 

our tribal members and neighbors during these disasters. In 2010 the Choctaw Nation received FEMA approval of our tribally adopted Tribal Multi-Hazard Mitigation 

Plan. We are currently working on updating this plan for resubmittal to FEMA. In 

2012 we developed our Choctaw Nation Emergency Response Plan and established 

our Choctaw Nation Emergency Response Team. The Choctaw Nation currently utilizes the National Incident Management System and maintains current compliance 

with the program. 

In 2012 the Nation hired a full time Emergency Manager and began to expand 

the development of the program. As of July this year the Nation has developed a 

joint Continuity of Operations/Continuity of Government or COO/COG plan, emergency communications plan, and is updating our Emergency Operations Plan or 

EOP. In addition the Nation will be developing several other plans to meet our 

needs and FEMA requirements (e.g., warning notification, public assistance administration, donation/volunteer management, other needs assistance, strategic development, and debris management). 

In addition, the Choctaw Nation is also working closely with the State of Oklahoma and FEMA on a pilot project through the Emergency Management Accreditation Program, and we hope to be the first Tribe in the Nation to receive this accreditation. The Choctaw Nation has also been working on a project with the State and 

several Voluntary Organizations Active in Disasters or VOAD groups to ensure that 

the needs of children are met after a disaster strikes. In addition, the Choctaw Nation has been coordinating with the State to identify points of distribution for supplies in an effort to consolidate resources and coordinate more effective disaster response. 

The Choctaw Nation is an active member of the Oklahoma Emergency Management Association (OEMA) and of the Inter-Tribal Emergency Management Coalition 

(ITEMC). ITEMC was developed to allow tribes to coordinate and share information 

regarding disaster response and preparedness activities. ITEMC has worked very 

closely with the State of Oklahoma and FEMA Region VI to bring training opportuVerDate Mar 15 2010 13:20 Jan 09, 2015 Jkt 092272 PO 00000 Frm 00039 Fmt 6633 Sfmt 6621 S:\DOCS\92272.TXT JACK
36 

nities and vital information to the tribes regarding hazard mitigation and preparedness activities. 

Planning efforts are very important and are vital to our success but we also realize the need for improvements through mitigation activities. The Choctaw Nation 

has completed several mitigation projects, including the following activities: 

• Installed generators at several critical facilities; 

• Developed a public information campaign; 

• Implemented a storm shelter/safe room program and funded 1,136 shelters for 

elder and special needs tribal members; 

• Purchased equipment for the delivery of supplies; 

• Established a GIS department; 

• Developed an EOP and response team; 

• Secured equipment for our Public Safety division for disaster response; and 

• Secured an off-site solution for data backup and recovery. 

The Office of Emergency Management and the Emergency Management Program 

for the Choctaw Nation remains active in times when there are no disasters. Much 

of our effort focuses on the preparedness and capacity of the Tribe to recover from 

a disaster. Our vast coverage area can be a challenge but with strategic mitigation 

projects we hope to lessen the effects of a disaster on our tribal members and the 

communities in which we reside. As we move forward we hope to complete the following mitigation measures: 

• Purchasing and installing generators at all of our Community Centers; 

• Purchasing and installing generators at all of our Travel Plazas; 

• Building multiple warehouses in specific locations for the quick disbursement 

of water and supplies; 

• Building a hardened Emergency Operations Center; 

• Purchasing a mass notification system to communicate with our employees and 

tribal members during a disaster or emergency situation; and 

• Creating an arbor program to help mitigate falling tree limbs on power lines 

during winter events. 

These are just a few of the new measures that will be in our Hazard Mitigation 

Plan and of course will depend on available funding through the Tribe and state 

and federal funding sources. Federal grant programs like PDM (Pre-Disaster Mitigation) and HMGP (Hazard Mitigation Grant Program) are critical to the success of 

any mitigation strategy and the Tribe is thankful for the opportunity to apply for 

these resources. We applaud the recent changes to the Stafford Act which strengthen the sovereignty of tribal governments and allow a Tribe like the Choctaw Nation 

to seek a disaster declaration directly from the President of the United States. 

As we work with you and the Administration to implement our Stafford Act authority, there are some issues that may require further refinement. For example, 

the Stafford Act set $1 million in damage as its threshold for applying for a declaration. This may not work well for a Tribe like the Choctaw Nation, with small communities spread out over a wide rural area. A tornado can wipe out a small impoverished town of 30 homes and not meet the $1 million damage threshold. However, 

for the 30 families in that community, the devastation is overwhelming and the destruction is total. A one-size-fits-all, cookie-cutter approach never works very well 

in Indian Country, especially in Oklahoma, where tribes typically do not own utilities, roads, or other infrastructure that during a disaster help a county or state 

reach the $1 million damage threshold. 

When the Choctaw Nation, as well as other tribes, responds to a disaster we are 

responding to the entire community not just our tribal members. This creates a list 

of other concerns with our new Stafford Act authority: 

• If the State is not awarded a declaration but our Tribe is, can a county come 

to our Tribe for reimbursement of its costs related to the disaster? 

• If the State and our Tribe or several tribes are awarded a declaration, how is 

that funding allocated? 

• If our Tribe responds to the entire community are the costs related to non-tribal 

response efforts eligible for reimbursement? 

These are just a few of the many unknowns regarding the changes to the Stafford 

Act. We do support changes to policy that strengthen tribal sovereignty and are 

37 

committed to working with you to make these changes actually work in Indian 

Country. 

We do not have all of the answers. But we do want to be included in the discussion and an opportunity to help shape some of the recommended solutions. We need 

the help of this Committee to persuade FEMA to open up a constructive dialogue 

with all Indian tribes to develop and implement a disaster response policy that 

makes sense for all of Indian Country. These answers need to come quickly. We are 

faced with a number of disasters throughout the year, and without quick and specific direction, our new-found Stafford Act authority lacks some practical effect. 

We would ask your help in expanding the opportunities for tribes to receive direct 

federal assistance for preparedness and mitigation projects. These capacity-building 

opportunities are critical to the recovery of any community, especially tribal communities. Over the last four years, Indian tribes have received just 1.3 percent of the 

U.S. Department of Homeland Security grant funds available for preparedness and 

capacity building. Tribal specific funding opportunities would assist Indian tribes to 

better prepare for and recover from disasters. 

Currently very little if any information exists regarding preparedness response 

and recovery within American Indian or Alaska Native tribal communities. We 

know far too little about the existing disaster-response capacity, or lack thereof, of 

tribal governments. We would request that Congress utilize the Government Accountability Office (GAO) to study the homeland security and emergency management capabilities of tribal governments. A GAO report may help inform federal decision-makers about the challenges of disaster response and recovery in Indian Country and also assist tribal leaders as we apply federal policies and opportunities to 

the needs we must meet in Indian Country. Perhaps that GAO report could also 

identify specific legislative changes that may be necessary to make the Stafford Act 

work more effectively in Indian Country. 

Finally, we ask that the Committee urge FEMA and the Department of Homeland 

Security to include a larger presence of tribal representation on federal committees 

engaged in disaster response and recovery. Tribal representation from a variety of 

tribes should be required on committees such as Federal Incident Management 

Teams, FEMA National Advisory Council, and the FEMA Floodplain Management 

Council. The most useful understanding of tribal disaster response operations will 

come from those who deal with these situations on a daily basis. 

Again, we are honored by this opportunity to testify and thank you for it. We appreciate the Committee’s leadership and commitment to Indian Country and our 

needs in response to disaster situations. The Choctaw Nation is committed to continuing this dialogue and to better preparing our people to respond to and recover 

from disasters. Your continued support in these matters is critical to the success of 

emergency preparedness in Indian Country. 

The CHAIRMAN. Thank you for your testimony, Mr. Gregory. 

All the way from Nome, we have Mary David. The floor is yours. 

STATEMENT OF MARY DAVID, EXECUTIVE VICE PRESIDENT, 

KAWERAK, INC. 

Ms. DAVID. Good afternoon. Thank you for giving me the opportunity today to testify. 

I work for Kawerak, Incorporated, as the Executive Vice President. Our corporation represents 20 tribes in 16 communities. All 

of our communities are located along the sea coast or along the 

shores of rivers. 

Last November, the President declared a disaster in Alaska for 

areas affected by severe storms, straight line winds and flooding. 

Several communities in the Bering Straits region were impacted by 

these storms. With these storms happening more often and more 

severely, coastal erosion seems to be happening quicker and more 

often. Shaktoolik, Shishmaref and Unalakleet were identified by 

the Immediate Action Work Group as three of six communities 

identified as imminently threatened. The 2009 GAO report included Golovin, St. Michael, and Teller. These threats to life and 

property still exist today, and are getting worse. 

38 

Stebbins, Alaska is not one of the villages listed, but due to last 

November’s storms it was hit by a surge of waves that overflowed 

and flooded the community. FEMA needs to speed up the response 

and recovery process and go out to the communities as soon as possible after a known disaster occurs to also help individuals and let 

them be aware of what access they provide. 

Access to emergency funds are also needed immediately to address life and safety issues such as obtaining heating fuel, safe 

drinking water, food, clothing, shelter and communication. Other 

response agencies, such as the Alaska Red Cross, local regional 

health and tribal organizations and other volunteers responded 

faster to Stebbins than the Federal and State government agencies 

did. 

There is a lack of understanding by Federal agencies and personnel regarding the unique living situation of remote Alaska and 

the challenges that rural residents experience on a daily basis. Remote Alaska has no highways, there are no docks, no ports, no railroads connecting communities with other hub communities or even 

here to the lower 48. The only access is via barge from June 1st 

to September 30th and only by air when the weather is navigable. 

In Stebbins, four homes were damaged and several homes had 

water damage inside the home. When disaster occurs, the time it 

takes to get back to normalcy can take six months to a year and 

oftentimes longer due to the challenges that exist in the wait time 

that it takes for supplies to arrive and repair to occur, due to our 

very, very short construction season. 

Evacuation shelters supply the necessities and alternative evacuation routes are needed in more vulnerable communities. Preventive measures to slow the effects of erosion and flooding are needed 

while communities plan for long-term solutions. For the communities that are better off may be relocating they are placed in a 

catch-22 situation. Efforts to prevent and protect the existing village only prolongs the relocation efforts by reducing the urgency to 

move. Although tribes can declare a disaster to FEMA, the nonFederal cost share match is an issue. The Bering Straits tribes do 

not have available savings. They do not have industry services, 

such as gaming or mineral or revenue sources to meet that cost 

share match. 

So in Kewarak’s viewpoint, it is actually a detriment to the tribe 

if they bypass the State and declare a disaster to FEMA. Our Federal, State and local and tribal governments are all ill-prepared for 

both the natural disasters that we have already experienced and 

the potential future and natural and manmade disasters in the future in our region. 

Not only is there a lack of a lead agency spearheading comprehensive efforts to prevent, mitigate and respond to disasters, 

there is a lack of coordination among the agencies that are tasked 

with carrying out the splintered components of these efforts. The 

Stafford Act addresses the response effort when disaster happens, 

which is important. But due to changing climate conditions, changing sea ice conditions and melting permafrost and the extreme 

variations in the weather, our communities are in imminent danger 

and preventive measures are needed. No person in the most develVerDate Mar 15 2010 13:20 Jan 09, 2015 Jkt 092272 PO 00000 Frm 00042 Fmt 6633 Sfmt 6601 S:\DOCS\92272.TXT JACK
39 

oped country in the world should be subject to threats of loss of life 

due to conditions that can be mitigated by governmental action. 

The United States provides humanitarian efforts to other countries, oftentimes spending millions of dollars on aid. Our local populations may be small, but we are impacted just the same when a 

disaster happens. We still deserve support and relief, similar to 

when a disaster occurs in other countries or even in lower 48 coastal communities. The U.S. is an Arctic nation and has an obligation 

to assert its sovereign authority and protect national interests. 

With the authority comes responsibility for disaster prevention, 

mitigation and response, especially in an area such as the Bering 

Straits region, which is extremely remote and exposed to international ocean traffic. 

Thank you for giving me the opportunity to testify on this important issue. 

[The prepared statement of Ms. David follows:] 

PREPARED STATEMENT OF MARY DAVID, EXECUTIVE VICE PRESIDENT, KAWERAK, INC. 

Chairman Tester, and esteemed members, thank you for giving me the opportunity to submit written testimony on the issue of responding to natural disasters 

in Indian country. My name is Mary David, and I’m the Executive Vice President 

of Kawerak, Inc. I was born, raised and live in Nome, Alaska. I am a tribal member 

of Nome Eskimo Community, I have a bachelors degree in Social Work from the 

University of Alaska, Anchorage and a Master of Public Administration from the 

University of New Mexico, Albuquerque, New Mexico. 

Our environment is changing at an unprecedented rate. When the severe fall 

storms hit our region last November, 2013, several of our communities were impacted which brought to our attention areas that need improvement. Besides natural disasters, we are also threatened by potential manmade disasters due to increased ship traffic through the Bering Strait. 

Kawerak is the tribal consortium in the Bering Strait region of Alaska, an area 

with 20 federally recognized tribes and 16 communities. The region is not connected 

to the rest of Alaska by roads, and 14 of the 15 communities are not accessible by 

road to the hub community of Nome. Primary access year round is by air service, 

with small commuter planes and gravel runways in most of the villages. The ocean 

freezes over the winter and barge services ends; air transportation for freight is 

thus higher in the winter as it must be flown in. All of the communities in the Bering Strait Region are located on the sea coast or shores of rivers. Our service area 

is approximately 26,000 square miles or roughly the size of West Virginia. The region’s population is about 9,000 people, of which roughly 75 percent are Alaska Native (Inupiaq, Siberian Yupik and Yupik decent). 

40 

We are the first people to know when change is happening in our environment. 

The Inupiaq, Siberian Yupik and Yupik people have been in the Bering Strait region 

hunting and gathering from the land and sea since time immemorial. The marine 

life (pacific walrus, bow head whales, beluga whales, ice seals, polar bears, fish, 

ocean plants, sea urchins and sea birds) are vital and important sources of food. The 

impacts of global climate change, severe arctic storms and arctic shipping on marine 

life is of high concern due to our reliance on these food sources. 

We notice a change in our environment. Our hunters are having to go further out 

to find walrus or oogruk (bearded seals). This may be due to a number of factors: 

noise, change in current pattern, weather, and ice conditions. Ice is a vital element 

to our survival and its condition has changed. Local experts have noticed that the 

ice is less stable, thinner, softer and melts more quickly in the spring. Our sea level 

is also rising. Places where people use to gather fish among the rocks are now inaccessible and where seals once hauled out on Savoonga, Alaska it is now underwater 

and unused. We have also noticed different species of animals in our region. The 

Steller sea lion, once seen during the summer months has recently been documented 

in the Bering Strait region into December and humpback whales now are seen with 

seasonal regularity north of Bering Strait and have even recently been documented 

in the north eastern Chukchi Sea. Additionally, different plant and animal life are 

being seen in locations where they have never been seen before. The Hanasaki king 

crab, Parlithodes brevipes, arrived to U.S. waters for the first time when it was 

pulled from a subsistence crab hole through the sea ice at Little Diomede during 

the spring 2003. Since that time, the Hanasaki crab is a common species harvested 

near Saint Lawrence Island. Several egg-bearing females were harvested and suggest that this unusual visitor is now a new part of the Bering Strait ecosystem. 

Changes to our environment can be characterized by an increase in surface temperatures, changes to precipitation rates, erosion rates, decrease in sea ice coverage 

all stemming from climate change. (Progress Report, Inuit Circumpolar Conference, 

2014) Severe ‘‘super’’ storms seem to occur more frequently and more severely. Hurricane force winds can hit our communities and can knock out power lines, cause 

storm surges, create tidal flooding, and impact service delivery and flights. 


730b1.eps
41 

Last November 2013, the President declared a disaster in Alaska for areas affected by severe storms, straight-line winds, and flooding. There were several communities in the Bering Strait region that were impacted by a series of storms that 

affected western Alaska. The storm damage resulted from coastal flooding due to 

the storm surge and strong winds. 

Kawerak has a Natural Resources division, which plays a key role in compiling 

Traditional Ecological Knowledge. Through our Social Science program, hundreds of 

hunters and gatherers (who have lived their whole lives observing the environment) 

provided data on the many changes they have witnessed, such as a rise in sea level, 

later freeze up and thinner ice, permafrost melting, changes in weather patterns, 

and shorter winters, more rain, and hotter summers. Absent the physical protections of landfast ice (which act as a seawall), there is more damage from severe fall 

and early winter storms. Several of our communities are experiencing rapid erosion 

of their shorelines, and may be better off being relocated. 

The impacts from the storm may also be due in part from the lack of permafrost 

(permanently frozen subsoil), that holds our land together. With rising temperatures 

it has led to the thawing of the permafrost. When storms occur it erodes the shoreline and riverbanks much more easily due to its weakened state. The following are 

recent photos from the community of Teller, Alaska depicting erosion damage near 

their cemetery. As reported in a conversation with Tim Wolforth, with the Alaska 

Army National Guard, on a recent trip to Teller, local resident Joe Garnie informed 

him the edge near the cemetery has eroded about 20 feet recently. The next ‘‘big’’ 

storm or subsequent storms, where the crack in the ground is located, is potentially 

where more erosion could occur and expose graves. 


730b2.eps 730b3.eps
42 

Erosion can be gradual or extreme with each fall/winter storm event. With the 

storms happening more often and more severely, coastal erosion seems to be happening quicker. Under Governor Palin, a Climate Change Sub-Cabinet was established which then convened the Immediate Action Work Group (IAWG) comprised 

of federal, state and local officials to come up with ways to protect Alaska’s most 

at-risk communities. Shaktoolik, Shishmaref and Unalakleet (within the Bering 

Strait’s region) were identified by the Immediate Action Work Group as three of six 

communities identified as imminently threatened. The 2009 Government Accountability Office Report to Congressional Requesters on villages threatened by flooding 

and erosion, identified Golovin, St. Michael, and Teller as imminently threatened 

by flooding and erosion, in addition to Shaktoolik, Shishmaref and Unalakleet. 

These threats to life and property still exist today, and are getting worse. 

Stebbins, Alaska is not one of the villages listed, but due to last November’s fall 

storm it was hit by high surge waves that overflowed and flooded the community. 

Stebbins is located on the northwest coast of St. Michael Island, on Norton Sound. 

It lies 8 miles north of St. Michael and 120 miles southeast of Nome. Currently the 

population is estimated at 572. Although the State Emergency Coordination Center 

provided advance warning of the storm, the community did not expect the magnitude of the storm and the potential impact of it, and therefore was not adequately 

prepared to respond to it. 

FEMA needs to speed up the response and recovery process, and should go out 

to the communities as soon as possible after a known disaster to see its impacts 

before the clean-up has begun. Also, it is hard for individuals and families to access 

assistance because of not knowing what is available; making a presence soon after 

a storm would help those in need. The tribes own limited resources were used to 

help meet immediate needs after the disaster. Access to emergency funds are needed 

immediately to address life and safety issues such as obtaining heating fuel, safe 

drinking water, food, clothing, shelter and communication. Other response agencies, 

such as the Alaska Red Cross, local regional health and tribal organizations and 

other volunteers responded much faster to Stebbins than the federal and state government agencies did. 

There is a lack of understanding by federal agencies and personnel regarding the 

unique living situation of remote Alaska and the challenges rural residents experience on a daily basis. In remote Alaska there are no highways, no docks or ports, 

and no railways connecting most communities with other hub communities or the 

lower 48. The only access is via barge from June 1st through September 30th and 

by air service all year when the weather is navigable. Home owners do not have 

a Home Depot to go to and if substantial damage is done, they often are not repaired for months, sometimes years. Also, the affects of a storm are not always 

known or visible until the following spring. If a storm occurs late in the year, it is 

difficult to assess damages and to meet the timeframes for qualifying for assistance. 

Nome, Alaska is the hub community in the region. It is 500 air miles from Anchorage and only has two daily Alaska Airline flights in/out of the city. Many goods 

and services (such as food, equipment, and building supplies) have to be flown in 

or barged in during the summer months. With Stebbins, the flood happened last NoVerDate Mar 15 2010 13:20 Jan 09, 2015 Jkt 092272 PO 00000 Frm 00046 Fmt 6633 Sfmt 6621 S:\DOCS\92272.TXT JACK

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vember and work on cleaning the debris from the community is occurring this summer. In Stebbins, four (4) houses were damaged and several homes had water damage inside the home. The outside of these homes look good, but the inside water 

damage is difficult to clean and it is taking many months to make them livable 

again. 

We are experiencing a housing shortage in Nome, and in the rural villages it may 

be worse. Several families may live together in one house. When disasters occur, the 

time it takes to get back to normalcy may take from six months to a year and often 

times longer due to the challenges that exist and the timeframe one has to wait for 

supplies to arrive and repair to occur during our short construction season. 

Evacuation shelters (supplied with necessities) and alternative evacuation routes 

are needed in the more vulnerable communities. Preventative measures to slow the 

effects of erosion and flooding are needed while communities plan for long term solutions. For those communities who may be better off relocating, they are placed in 

a Catch-22 situation. Efforts to prevent and protect the existing village only prolongs the relocation efforts by thus reducing the urgency to move. 

Our federal, state, local and tribal governments are ill-prepared for both the natural disasters that we have already experienced and the potential future natural 

and man-made disasters in our region. Not only is there a lack of a lead agency 

spearheading comprehensive efforts to prevent, mitigate, and respond to disasters, 

there is a lack of coordination among the agencies that are tasked with carrying out 

the splintered components of these efforts. In addition, many of our communities/ 

tribes do not have response equipment or assets to assist or support in a disaster. 

General Manager Matt Melton with Alaska Chadux stated in the July 24th issue 

of the Nome Nugget Newspaper that ‘‘In a real response[such as an oil spill response], we would bring in 50 to 100 people’’, this does not include Coast Guard or 

DEC personnel. He further stated, ‘‘In a small community like Teller, a large influx 

of people responding to a spill would stretch the community’s capabilities. Plans 

need to be in place to supply the workers with food, places to rest and sleep after 

12 hour shifts.’’ 

Our communities alone do not have the resources and the finances to address erosion problems on their own (there are numerous regulations, different studies and 

environmental documents needed). The Immediate Action Work Group coordinated 

effort was successful for the six communities it identified as imminently threatened. 

By the end of 2009, through their efforts Shaktoolik, Shishmaref and Unalakleet 

had Comprehensive Emergency Plans completed and the training to execute the 

plans (what is needed is the continued effort to hold drills annually). There has been 

slow progress with other communities in getting required FEMA plans completed 

or erosion issues addressed since the IAWG work ended around 2011. The table 

below lists each community in the Bering Strait Region, population, information on 

who has completed a Hazard Mitigation Plan (HMP), emergency operation plan 

(EOP) and if the community has a search and rescue group and an established volunteer fire group: 

44 

We recommend funding to reinvigorate the IAWG, and a commitment from the 

current Governor to reinstate the working group. The importance and continued 

need of such a committee to address the flood and erosion threats that our communities continue to face is vitally important. This was an exemplary model of coordinating State, Federal and local leaders to prioritize projects, coordinate resources 

and implement projects. The IAWG was an effective Committee that placed upper 

level staff of agencies and organizations in an arena that allowed for information 

sharing and important dialogue. The IAWG made recommendations to the State, the 

U.S. Army Corps of Engineers, and other agencies to fund mitigation projects that 

addressed immediate threats from flooding and erosion. The IAWG also allowed 

members and leaders from communities that are threatened to share their threats 

and dire circumstances. Kawerak recommends that if the IAWG is resurrected, and 

that FEMA could be included to have a key role in the Committee membership. 

There is a need for the State and Federal Government programs to come together, 

problem solve and involve appropriate tribal entities; we are all serving the same 

constituents. 

Shaktoolik, Alaska is one of the communities that was reported in the 2009 federal Government Accountability Office report as ‘‘likely need[ing] to move all at once 


730b5.eps 730b6.eps
45 

and as soon as possible.’’ The community recognized that funding was extremely 

limited and decided to take the initiative upon themselves to begin to address their 

erosion issue. As reported to KNOM radio, in order to possibly prevent significant 

damage to infrastructure, and the community and to protect safety and life to residents, the City of Shaktoolik after two years of pooling grant funds from the local 

Community Development Quota (CDQ) group($620,000), with modified plans from 

the Department of Transportation, began construction this summer of a driftwood 

pile, embedded with gravel and backed by a gravel mound. If the berm is properly 

engineered and maintained as a protective measure for the community, it can be 

eligible under the FEMA public assistance program if damaged in future storms. 

Seawalls are needed, but nearly impossible to obtain due to the cost. The below 

photos come from Teller, Alaska. 

Teller was informed that there could be no repairs to a seawall built in the 1960s. 

Over the years, more of the shore has eroded, and water damage to the electrical 

lines of the fuel tanks occurred and the sewage lagoon behind the school was flooded. A seawall could have prevented this from occurring. 

After last year’s fall storm, Kawerak began efforts to prepare our regional communities to be better prepared for future disasters. An Emergency Management Seminar was held last April, 2014 in Anchorage, Alaska with another one planned for 

the fall of 2014. This joint seminar sponsored by the Alaska Federation of Natives’ 

Council for Advancement of Alaska Natives, of which our Kawerak President is the 

Chairperson, the State of Alaska and FEMA participated, is an example of what can 

work well when key stakeholders jointly work towards solutions. The session focused on best practices, resources available and identified gaps in the disaster process. The group of residents who attended from the regions of Bering Strait, Tanana 

Chief’s Conference and the Association of Village Council Presidents identified the 

following gaps in disaster preparedness: 

• Help more communities develop Small Community Emergency Response Plans 

(deals with the first 72 hours of a disaster) and Emergency Operation Plans 

(more long term). Currently, the Alaska Native Tribal Health Consortium has 

two staff assisting tribal communities with Emergency Operations Plans (EOP), 

and the State of Alaska works with local municipalities to assist them as well. 

However, funding is again limited. Establishing an EOP requires professional 

services, and there are some rural communities who do not even have a municipal government, thus have very little recognition or support from the State of 

Alaska. Technical assistance and training is needed to be made available 

through federal and state departments of Homeland Security (in a coordinated 

manner) and through FEMA. 

Should a tribe seek a disaster declaration directly, having separate tribal plans 

is redundant in a small community where it is often difficult for a city office 

to develop a Community Emergency Response Plan or a Hazard Mitigation 

Plan. Kawerak recommends FEMA allow a tribe to utilize a city plan (if they 

have one) and/or adopt a city plan as their own in order to meet this requirement. 

• Tribes are not able to meet the 25 percent cost share match if they make disaster declarations requests. Although tribes can declare a disaster directly to 

FEMA the non-federal cost share is an issue. The Bering Strait region tribes 

do not have available savings or do not have industry services such as gaming 

or mineral resources to generate revenue to meet the required financial costshare-match. When the State of Alaska declares a disaster and FEMA funds relief efforts, 75 percent is covered by the Federal Government and 25 percent by 

the State. So from Kawerak’s viewpoint, it’s actually a detriment to the tribe 


730b6.eps
46 

if they by-pass the state and declare a disaster directly to FEMA. Resources to 

carry out projects in our region have been very limited and often funding opportunities require a cost-benefit analysis that factors in population or require a 

local cost-share that is prohibitive. 

• For example, The USACE cost share for projects is prohibitive. Shishmaref has 

a revetment project to protect their sewage lagoon and washeteria, and it has 

been on hold because the tribe needs to come up with an $8 million dollar 

match. For the Elim harbor the cost-benefit analysis proved not to pan-out because it didn’t create new jobs with a new harbor. If a cost-share structure is 

necessary, there should be consideration for cost-sharing between the Federal 

Government and the state government. Tribal governments in Alaska have 

practically no tax base to afford a cost share. 

• Red tape that is prohibitive to accessing funds should be identified. A national 

call to tribes and rural communities to identify barriers should be undertaken. 

For Alaska, the regional non-profits could coordinate obtaining this information. 

• Small communities lack adequate emergency responders and equipment, and 

the limited responders may experience stress in a disaster as well (they may 

have personal loses themselves). 

• If communication systems go down in an emergency, few communities have a 

backup communication system and are therefore cut off from communication. 

Stebbins experienced a loss or spotty communication during the storm. Satellite 

emergency phones should be made available to all high risk communities. 

• Small communities need access to training and technical assistance for disaster 

planning and drills. 

• Very few communities have up to date alarm systems or adequate disaster supplies and equipment (generators). 

• More rural grant writers are needed to access mitigation funding for emergency 

preparedness. 

• Land ownership and legal address problems keep people from getting reimbursement for disaster losses. 

• Federal and state agency staff land on the ground in an emergency, while locals 

are still stabilizing the community. They often need housing when there is limited housing for evacuees, and need to talk to the people who are the first responders when they need to be out working. [Kawerak proposes FEMA travel 

to the site earlier. Since there seems to be differing opinions, FEMA should ask 

the community to determine what is the best time to travel to the impacted 

community.] 

What seemed to resonate, as I prepared this testimony, was the lack of communication between FEMA and stakeholders. The following recommendations may help 

improve this: 

• Develop a preparedness outreach campaign to educate and inform rural communities on concrete steps they can take to increase their resilience to natural and 

man-made hazards. 

• Improve training and technical assistance opportunities for all rural communities. Allow regional support entities like Kawerak, Inc. to be eligible to apply 

for funding to provide this kind of support to the tribes that they serve through 

the establishment of full-time staff positions, specializing in disaster risk reduction and emergency management. Storms and disasters do not typically only affect one community—in most cases an entire region is affected. Regional plans 

are needed and the regional non-profits could provide a mechanism to accomplish this, especially in areas where there are no organized boroughs. 

• Improve training opportunities in rural Alaska for all emergency preparedness 

issues, as well as the declaration process and the programs available. Provide 

travel scholarships so more rural leaders can attend trainings. Provide more village-based training to enable communities to effectively drill and practice emergency plans. 

• Use local resources in planning response efforts. The networking of local knowledge holders with those who have the technical knowledge is needed. Local, Regional, Tribal, State and Federal partnerships when disasters occur is needed. 

If a spill or an incident were to occur in our backyard, our tribal members will 

not stand by. Our pristine environment and the sea mammals, birds, fish and 

land animals are at stake. We have Traditional Ecological Knowledge that is 

valuable in any planning and response effort. 

47 

On July 16, 2014 an oil spill response drill was held in Teller, Alaska. The goal 

was to determine degree of readiness and to test the logistics of getting oil spill 

response equipment from Nome to Teller. The Tribal Council President Wesley 

Okbaok was present and was able to assist the response crew with information 

about the currents and their behavior in certain wind conditions, as reported 

in the Nome Nugget Newspaper (July 24, 2014 issue). Cheryl Fultz, environmental compliance specialist with Delta Western, who was present at the drill, 

stated she learned the most from Wesley. ‘‘When you meet a gentleman like 

Wesley, you realize all of the talent available in the region. The community 

lives off the sea, and to that end they know every nuance of how the waters 

behave.’’ 

Within the Bering Strait region, another group called the Bering Sea Alliance 

(comprised of several communities) formed to address the impacts of increased 

shipping. This proactive group is working with Shell Oil Company to address 

issues related to disaster prevention and response. 

• Although the State of Alaska developed a Small Community Emergency Response Plan (SCERP) template which provides guidance and assistance to any 

community that wishes to develop such a plan and it provides valuable information on what to do in the first 72 hours after a disaster, education on disaster 

assistance processes for communities which have been impacted by disasters is 

needed. Many of our communities didn’t know who to contact or how the process works; those villages more familiar with disasters seem to navigate through 

the process easier. 

For example, although a disaster declaration was issued for the November 2013 

storm, Elim, Alaska did not seek assistance for damage due to the storm to one 

of their roads. Elim spent a little over $5,000 dollars clearing driftwood and 

other debris from Moses Point using BIA Road Maintenance funds (Elim receives $42,600 a year in BIA Road Maintenance funds). Elim did not fix the 

road to its original specs; but removed the debris to make the road passable. 

Dirt was added to the four mile damaged stretch, of the nine mile road and 

added an eight foot sand berm on the most vulnerable areas of the road so far 

this summer. Elim anticipates expending all or more of their BIA Road Maintenance funds to make the road safe and usable. Elim secured an additional 

$73,000 from a commercial fish company to reinforce the road infrastructure at 

the end of the Moses Pt road where boats are parked. Had Elim been aware 

that they could seek disaster assistance, Elim could possibly have leveraged 

their roads maintenance funds (and the funds from the commercial fishing company) to help meet match requirements. Therefore, using limited tribal roads 

maintenance funds in other needed areas. 

Another example is with the Stebbins disaster. The Tribal President still 

doesn’t know who the right person is with FEMA to communicate with/to. He 

didn’t know the tribe could seek reimbursement for the expenses they incurred 

when helping disaster victims after the storm. He heard about the potential to 

seek reimbursement from a local resident of Nome; not from FEMA personnel. 

FEMA may be communicating with the City of Stebbins office, but per the Tribal Council President, communication is not occurring with him. 

Back in August of 2013, Gambell and Savoonga on St. Lawrence Island received 

an Economic Disaster Declaration from the Governor of Alaska. For six months, 

the State of Alaska Department of Commerce, Community and Economic Development coordinated and hosted regular teleconferences with both community 

leadership (city and tribal offices), and agencies who may be able to assist in 

some way. The calls started out on a weekly basis, then moved to bi-weekly and 

near the end, on a monthly basis. This was very helpful; FEMA should consider 

this when a disaster occurs. 

• Establish further collaboration with rural communities, tribes and rural resources available. The U.S.C.G. has actively established relationships with, 

communicated with, and coordinated with tribes in our region. Other agencies 

such as FEMA, USACOE and the Department of Homeland Security (both state 

and federal) should follow suit. 

The Bering Strait is the gateway in and out of the Arctic Ocean for migrating marine mammals and seabirds. The Bering Strait is also a gateway for maritime transportation. Vessels traveling from the Pacific to the Arctic—or transiting the Arctic 

using the Northern Sea Route or Northwest Passage—have no choice but to pass 

through the bottleneck of the Bering Strait. Our life highly revolves around subsistence activities and the marine environment. Increased ship traffic has the potential 

to significantly impact the marine life/environment and our subsistence way of life. 

There is a history (1989 Exxon Valdez oil spill, in 2004 Selendang Ayu oil spill went 

48 

aground and resulted in the a spill of approximately 336,000 gallons of fuel oil and 

diesel fuel) that shows that manmade disasters are sure to occur. The question is 

not if they will occur, it is when, and are we able to respond to the disasters in 

a timely fashion. 

This is a major concern for the people of the Bering Strait region. At recent food 

security workshops held by the Alaska Inuit Circumpolar Conference, it was reported that from an Inuit perspective, a threat to food security threatens an entire 

cultural way of life. The Exxon Valdez spilled 11 million gallons of crude oil, and 

the coastal ecosystem injured by the Exxon Valdez spill is still a long way from full 

recovery. Therefore, a potential spill would have long term social and cultural impacts to the way of life of residents in the Bering Strait region. Its impacts would 

also be felt by other Alaskan communities outside the region who rely on the animals which migrate through the strait. 

The closest U.S. Coast Guard base is in Kodiak, Alaska and that is over 1,000 

miles away. It would take over one day of ocean travel by a Cutter, 2 hours by C– 

130 and 5 hours by HM–60 helicopter. Response agencies such as FEMA, and the 

Alaska Red Cross are located in Anchorage, Alaska. There is a huge gap in adequate 

response time for the Northern Bering Sea and Norton and Kotzebue Sound waters. 

Response to a disaster will not be immediate, it may take hours and it may even 

take days depending on the weather. 

Up until just a few years ago, the USCG had a Loran Station at Port Clarence 

in the Bering Strait Region. This station has been shuttered and our region’s nearest station is now Kodiak, much too far away. Given the recent increase in ocean 

vessel traffic through the Bering Strait, increased presence is needed. A permanent 

USCG base in the Bering Strait, the chokepoint between Russia and Alaska, is 

needed. 

Normal spring hunting conditions include access to open water, availability to secure floating ice, and safe wind directions. In May 2013, unfavorable northerly 

winds and high ice concentrations along the northern coastlines of Gambell and 

Savoonga greatly limited access to walrus as they passed through during the spring 

migration period. The combination of weather factors reduced the number of days 

during which subsistence hunters would actually be able to access walrus which 

were located deeper beyond the large ice floes near the communities resulting in a 

poor walrus harvest. Pacific Walrus is the main food consumed by residents at approximately 120 lbs. each month. It is critical for the continued cultural, nutritional, 

economic, spiritual well-being, and food security for the residents. The 10-year 

(2003–2012) average spring walrus harvest for Gambell and Savoonga for the 

months of March -June is 978 (uncorrected factor). The Native Village of Savoonga 

and Gambell reported a substantially lower walrus harvest of 180 during the May 

2013 subsistence hunting season. Residents rely on the available marine resources 

as a food source and the lack of a normal walrus harvest has significant economic 

impacts that prevent additional financial resources from the sale of ivory. The lack 

of these resources impacts the ability to purchase gas or ammunition to hunt for 

other available food sources such as seals or birds. Spring 2014 harvest numbers 

are again lower than normal, and the communities are again bracing for another 

disaster due to a shortage of food in the community caused by unique weather conditions that impacts hunting. Although the disaster that Gambell and Savoonga experienced was not due to flooding, earthquake or typhoon, the shortage of food created by their natural environment contributed to a dire situation. A response to 

unique disaster situation such as this, need to be made available. 

In conclusion, The Stafford Act is a response when a disaster happens, which is 

important. But, due to changing climate conditions, changing sea ice conditions and 

melting permafrost and the extreme variations in the weather, our communities are 

in imminent danger and preventative measures are needed. No person, in the most 

developed country in the world, should be subject to the threat of loss of life due 

to conditions that can be mitigated by governmental actions. The United States provides humanitarian efforts to other countries; often times spending millions of dollars in aid. Our local populations may be small; but we are impacted just the same 

when disasters occur. We still deserve support and relief, similar to when disaster 

assistance and support is mobilized to other countries around the world or to lower 

48 coastal communities. The U.S. is an arctic nation and has an obligation to assert 

its sovereign authority and protect national interests. With the authority comes responsibility for disaster prevention, mitigation, and response, especially in an area 

such as the Bering Strait Region, which is extremely remote and exposed to international ocean traffic. 

Thank you for providing time to testify on this important issue. 

Additional Storm Photos: 

49 

The CHAIRMAN. Mary, thank you for making the trek to Washington, D.C. We appreciate your testimony. 

Jake Heflin, you are up. 

STATEMENT OF JAKE HEFLIN, PRESIDENT/CEO, TRIBAL 

EMERGENCY MANAGEMENT ASSOCIATION 

Mr. HEFLIN. Chairman Tester, members of the Committee, my 

name is Jake Heflin. I am the President and Chief Executive Officer for the Tribal Emergency Management Association, or iTEMA. 

I am an enrolled citizen of the Osage Nation, or Wah Zha Zhi Nation, out of Oklahoma. 

On behalf of iTEMA, I want to thank for you holding a hearing 

on When Catastrophe Strikes: Responses to Natural Disasters in 

Indian Country. With over 23 years of experience in emergency 

services, I have served in various capacities to include firefighter, 

paramedic and community emergency response team, or CERT proVerDate Mar 15 2010 13:20 Jan 09, 2015 Jkt 092272 PO 00000 Frm 00053 Fmt 6633 Sfmt 6601 S:\DOCS\92272.TXT JACK

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gram manager. I currently work for the City of Long Beach Fire 

Department in California. 

iTEMA is a national tribal organization comprised of volunteers 

that focus on tribal emergency management and emergency services. The mission of iTEMA is to promote a collaborative, multi-disciplinary approach to coordinate and enhance emergency management, response and recovery to protect all tribal communities. 

As an emergency responder and emergency management instructor that works with tribal governments throughout Indian Country, 

it has become evident that there is a significant disparity between 

the state of readiness for tribal communities versus that of local, 

county and State governments. It boils down to capacity, capability, 

and funding. With an increasing number of challenging and escalating incidents impacting Indian Country, it is apparent that a solution is necessary to address this disparity. Identifying ways for 

impacted tribes to request assistance from tribes and/or other Federal partners or tribal emergency management experts and organizations like iTEMA during an emergency incident is critical. 

When a catastrophe strikes, the Federal response to natural disasters in Indian Country is slow, tedious and in significant need of 

a comprehensive overhaul. Coordinated planning and preparedness 

activities initiated by tribes and the Federal Government are important. These initiatives lessen the impacts of disasters in Indian 

Country. However, more support is needed. 

Despite providing pre-disaster support and technical assistance 

and planning before disaster strikes, at the time of the incident 

FEMA is not really available until monetary thresholds are met by 

the disaster. Even when FEMA responds to disaster, FEMA does 

not support the tribes operationally. 

iTEMA believes that as an association we should be utilized and 

provided with the opportunity to support the Bureau of Indian Affairs and support FEMA through development of memorandums of 

understanding to support our direct participation and response. 

iTEMA recommends that Federal funding be set aside to further 

support the continued development and maintenance of the Tribal 

Emergency Mutual Aid Compact, or TEMAC. Given the specific 

complexities associated with emergency response in Indian Country, iTEMA believes that there should be a specific tribal emergency support function, or tribal ESF, within the national response 

framework. A tribal ESF would further enhance the visibility of 

tribes at the Federal level. The Tribal Assistance Coordination 

Group, or TAC–G, is an example of the successful strategy in increased communications with tribes and other Federal partners. 

Additional work must be done to meet the needs of tribal communities. The development of tribal CERT programs, tribal fire and 

EMS programs and tribal emergency management programs 

should be supported nationally through direct funding to tribes. 

This program must be funded to meet the current demand and 

open to all tribes that show a need and can articulate a plan for 

developing these services. 

iTEMA asks that the Congressional Research Services investigate the state of tribal emergency management and emergency 

services, as there is inconsistent information as to the state of 

readiness in Indian Country. The current capacity and capabilities 

51 

of tribal emergency services are, for the most part, relatively unknown. An assessment and clearinghouse for this information 

should be established. 

The Federal Government plays a pivotal role in Indian Country 

during emergencies. They have the ability to bring robust capability of supplemental disaster funding to support tribes. The reality is, though, that within Indian Country, most incidents will 

never meet the Federal Government thresholds and the available 

Federal support will be minimal. This must change. 

The thresholds of presidentially-declared disasters must be 

looked at from a tribal perspective, not a hard number. Tribes are 

different. Incidents impacting our sacred sites don’t carry monetary 

value. For us, it is priceless, our people, our culture, our ways of 

life, those are our most precious resources. 

I ask today that Congress fund the Federal Government to establish a baseline for tribal emergency response and recovery. I ask 

that the Federal Government look to their tribal partners to find 

solutions that empower Indian Country to be self-reliant. This requires funding and an overhaul of the current system. 

Emergency management funding must be provided directly to the 

tribes. Access to these funds is necessary in order to support the 

development of tribal capacity and capability. To minimize loss, we 

must take a proactive approach in dealing with natural catastrophes. We must focus on preparedness and mitigation to reduce 

the loss associated with response and recovery. 

In conclusion, I appreciate the opportunity to speak today. I look 

forward to working together to promote and enhance emergency 

management response and recovery throughout Indian Country. 

Thank you, and I am open to any questions you might have, sir. 

[The prepared statement of Mr. Heflin follows:] 

PREPARED STATEMENT OF JAKE HEFLIN, PRESIDENT/CEO, TRIBAL EMERGENCY

MANAGEMENT ASSOCIATION

Chairman Tester, Vice Chairman Barrasso and Members of the Committee, my 

name is Jake Heflin, I am the President and Chief Executive Officer for the Tribal 

Emergency Management Association, also known as iTEMA. I am an enrolled Citizen of the Wah Zha Zhi Nation (Osage Nation) out of Oklahoma. I am from the 

Tzi-Zho Wah-Shtah-Keh Clan. I was given the name Tah-Wah Gka-Keh ‘‘Town 

Maker’’. 

On behalf of iTEMA, I want to thank for you holding a hearing on ‘‘When Catastrophe Strikes: Responses to Natural Disasters in Indian Country.’’ 

With over 23 years of experience in emergency services, I have served as a Firefighter, Paramedic, Field Supervisor, Field Training Officer, Paramedic Preceptor 

and Community Emergency Response Team (CERT) Program Manager. I currently 

work for the City of Long Beach Fire Department in California. 

iTEMA is a national tribal organization comprised of volunteers that focus on 

Tribal Emergency Management and Emergency Services. The mission of iTEMA is 

to promote a collaborative, multi-disciplinary approach to prepare for, protect 

against, respond to, recover from, and mitigate against all hazards that impact our 

Tribal communities. 

As an emergency responder and emergency management instructor that works 

with Tribal governments throughout Indian Country, it has become evident that 

there is a significant disparity between the state of readiness for Tribal communities 

versus that of local, county, and State government. It boils down to capacity, capability, and funding. 

With an increasing number of challenging and escalating incidents impacting Indian Country, it is apparent that a solution is necessary to address this disparity. 

Identifying ways for impacted Tribes to request assistance from other Tribes and/ 

or other federal and Tribal emergency management experts like iTEMA during an 

52 

emergency incident is critical. Immediate emergency operational assistance, whether 

it is simply to provide support over the phone or actually deploy resources, is, for 

the most part, an unmet need for Indian Country. Tribes are left to fend for themselves, with minimal assistance and cooperation from local and State agencies. 

These reoccurring events led to the creation of iTEMA. 

iTEMA strives to provide technical assistance that supports Tribes as they prepare and consider critical information for declaring a State of Emergency, tracking 

costs associated with the event, managing resources and the corresponding documentation that supports requests for reimbursement should the event meet the 

thresholds for a Presidential Declaration. 

iTEMA also provides training opportunities by way of our annual conference and 

we offer specific classes targeted at increasing emergency capacity and capabilities. 

iTEMA assists in development of Tribal CERT programs and developing comprehensive plans that help Tribal communities take proactive steps to minimize and mitigate loss associated with future events. Efforts are currently underway by iTEMA, 

individual Tribes, and other partners such as the State of California Office of Emergency Services to develop Tribal Incident Management Teams to further provide additional resources for Tribal communities. 

When a catastrophe strikes, the Federal response to natural disasters in Indian 

Country is slow, tedious and in significant need of a comprehensive overhaul. Coordinated planning and preparedness activities initiated by Tribes and the Federal 

Government are important. These initiatives lessen the impacts of disasters in Indian Country. However, more support is needed. The United States Federal Government has taken some small steps to enhance the outreach and opportunities to support these initiatives, but lacks the operational coordination when working with 

Tribes on real events. For example, despite providing pre-disaster support, technical 

assistance and planning before a disaster strikes, at the time of the incident, FEMA 

steps away from Tribes until monetary thresholds are met by the disaster. Even 

when FEMA responds to a disaster, FEMA does not support the Tribes operationally. 

Currently, the systems that are in place to support Indian Country during disasters rely heavily on the Federal Government to provide All Hazards Emergency Response Operations (A–HERO) support during events that impact Tribes. Often, this 

assistance from the Federal Government is provided by part-time or on call staffing 

that have no specific experience relating to the emergency needs of Tribal communities. 

Tribes are uniquely different. As sovereigns, Tribes have a responsibility to provide for the public safety of their citizens. However, when Tribes are overwhelmed 

by a disaster, the Federal Government has a trust responsibility to support Tribes 

and provide the appropriate assistance. 

The current National Response Framework does not adequately identify a primary Federal lead for disasters in Indian Country. However, iTEMA believes that 

the response model for Indian Country needs to include FEMA, the Bureau of Indian Affairs, other Federal Partners and non-governmental organizations like 

iTEMA for increased support and involvement. 

During disasters, first responders play a pivotal role in a Tribe’s ability to manage 

the incident. In the areas of Tribal Structural Fire and Tribal Emergency Medical 

Services, there is minimal federal engagement to support these programs. Wildland 

Fire responsibilities in Indian Country already exist under the Bureau of Indian Affairs. Thus, iTEMA proposes bringing these additional emergency services together 

under the Bureau of Indian Affairs Emergency Management division to create a 

comprehensive all-hazard, all-risk approach to managing response throughout Indian Country. 

iTEMA believes that as an association, with a focus on Tribal emergency response, we should be utilized and provided with the opportunity to support the Bureau of Indian Affairs and FEMA, through the development of a Memorandum of 

Understanding to support our direct participation in response. The Tribes would see 

a marked change in the level of experience and awareness that these responders 

bring to Tribal communities in need of support and assistance. 

iTEMA recommends that Federal funding be set aside to further support the continued development and maintenance of a Tribal Emergency Mutual Aid Compact 

(TEMAC). Just as the National Emergency Management Association receives funding to support the State to State mutual aid (EMAC), iTEMA believes we are well 

positioned to manage this effort on behalf of Indian Country. This process will support Tribes in a more effective manner and streamline the process for Tribes to receive outside support from other Tribes and Tribal organizations. 

Given the specific complexities associated with emergency response in Indian 

Country, iTEMA believes that there should be a specific Tribal Emergency Support 

53 

Function (ESF) within the National Response Framework (NRF). ESF’s provide 

structure for coordinating Federal interagency support as it relates the how the Federal Government responds to an incident. A Tribal ESF would further enhance the 

visibility of Tribes at the Federal level with regard to response. The Tribal Assistance Coordination Group (TAC–G) is an example of a successful strategy to increase 

communications with Tribes and other Federal partners. 

Additional work must be done to meet the needs of Tribal communities. The development of Tribal CERT, Tribal Fire and EMS programs and Tribal Emergency 

Management programs should be supported nationally through direct funding to the 

Tribes. This program must be funded to meet the current demand and opened to 

all Tribes that show a need and can articulate a plan for developing these services. 

The Tribal Coordination Support Annex, part of the National Response Framework, should be released immediately. This annex has already been created but remains tangled in red tape and bureaucracy for unknown reasons. 

iTEMA asks that Congressional Research Services investigate the state of Tribal 

emergency management and emergency services as there is inconsistent information 

as to the state of readiness in Indian Country. The current capacities and capabilities of Tribal Emergency Services are, for the most part, not really known. An assessment and a clearinghouse for this important information must be established, 

in order for Tribes to share this important information between agencies and other 

partners. Indian Country must have better snapshot of our current state of Tribal 

Emergency Services to better identify the unmet needs that exist. 

The strategic, operational, and tactical aspects of Tribal emergencies from the 

United States Federal Government must be handled by those with the background 

and experience to do so. Currently, FEMA, at the Headquarters level, chooses to 

house Tribal Affairs in FEMA Intergovernmental Affairs, part of FEMA External 

Affairs. Despite recommendations from Indian Country and other Federal Government partners, FEMA Headquarters has not realized the importance of placing 

Tribal All Hazards Emergency Response Operations (A–HERO) within the FEMA 

Office of Response and Recovery. Even at the FEMA regional level, some FEMA Regional Directors have chosen to move Tribal emergency operations out of External 

Affairs, into more appropriate places, like the FEMA Regional Preparedness Branch. 

The Federal Government plays a pivotal role in Indian Country during emergencies. They have the ability to bring robust capability and supplemental disaster 

funding to support Tribes. The reality is that within Indian Country, most incidents 

will never meet the Federal Government thresholds and the available Federal support will be minimal. This must change. The thresholds of Presidentially Declared 

Disasters must be looked at from a Tribal perspective, not a hard number. Tribes 

are different. Incidents impacting our sacred sites don’t carry a monetary value. For 

us, it’s priceless. Our people, our culture, our way of life are our most valuable resources. For Tribes, emergency management is something we have practiced for centuries. However, with a changing climate and escalating technological hazards, 

Tribes are at increased risk. 

I ask today, that Congress fund the Federal Government to establish a baseline 

for Tribal emergency response and recovery. I ask that the Federal Government look 

to their Tribal partners to find solutions that empower Indian County to be selfreliant. This requires funding and an overhaul of the current system. Emergency 

Management funding must be provided directly to Tribes. Access to these funds is 

necessary in order to support the development of Tribal capacity and capability. To 

minimize loss, we must take a proactive approach when dealing with natural catastrophes. We must focus on preparedness and mitigation to reduce the loss associated 

with response and recovery. 

iTEMA is an organization that was created to support Tribes during disasters. It 

was built on the premise of ‘‘Tribes helping Tribes’’. iTEMA is committed to working 

with the Federal Government to develop and implement these solutions. 

In conclusion, I sincerely appreciate the opportunity to speak today and look forward to working together to promote and enhance emergency management, response, and recovery throughout Indian Country. 

Thank you and I am open to any questions you may have. 

The CHAIRMAN. Jake, thank you for your testimony. I thank all 

the participants on this panel for their testimony. 

Senator Begich? 

Senator BEGICH. Thank you very much, Mr. Chairman. 

54 

Mary, thank you for coming. I know the trip is long and I appreciate you being here. Thank you for your testimony and thank you 

for the work you do with Kawerak and many of the tribes there. 

I have a few questions for you. You talked about the storm in November 2013 in the Bering Straits and the region. Can you provide 

some examples of work being done in the villages to kind of better 

prepare for future disasters? Along with that, can you add how has 

FEMA worked with you or not with this new tribal office? 

Ms. DAVID. It has been a slow process. I think when the Immediate Action Work Group work ended back in 2011, I think it got 

even slower. Kawerak recognized that every year we continually 

have fall and early winter storms. To be proactive, the State of 

Alaska has a spring preparedness conference. Before that conference began this year, the AFN Council for Advancement of Native Americans had a pre-session. That was beneficial for the representatives from Kawerak, ABCPNTCC. So that type of activity 

occurred, and another one is planned for this fall before AFN begins. 

Senator BEGICH. Was FEMA a part of that? 

Ms. DAVID. Yes. 

Senator BEGICH. The State and FEMA and other agencies? 

Ms. DAVID. And other agencies, yes. 

Senator BEGICH. Very good. So you found that beneficial? 

Ms. DAVID. Yes. 

Senator BEGICH. And do you know of other trainings or activity 

that you all, from your region or any other region you might know 

of, that utilizes FEMA training? 

Ms. DAVID. No. 

Senator BEGICH. Is there a way that maybe, sometimes communicating or getting information out, especially in Alaska, especially 

rural Alaska, is not as simple as just running a TV ad, but are 

there ways you would recommend for FEMA, especially with their 

new tribal office, to be very proactive in getting information out on 

these training opportunities? For example, there was a mention 

when I was asking the last speaker, in regard to how many people 

participated in FEMA training from tribal communities, there was 

a sizeable amount. But are there suggestions you might have on 

what we could do or we could suggest to FEMA on how to communicate to tribes on what is available in FEMA for specialized training around emergency preparedness and other needs? 

Ms. DAVID. I think it is challenging in rural Alaska, because 

internet connection is very slow. So I think the best possible way 

to communicate is probably through each non-profit regional corporation. In our region, each region has a tribal coordinator that 

we employ. So for us in our region, communication through 

Kawerak, through our tribal coordinator who works, who is the office support for the tribe, would probably be the best way. 

Senator BEGICH. Do the tribal coordinators get together on a regular basis from the other tribes at all, in any kind of conference 

or activity like that? I am just trying to ask you this, through you 

to the administrator behind you. I am trying to give her some 

ideas. 

Ms. DAVID. I think most attend the BIA conference in Anchorage. 

55 

Senator BEGICH. So the BIA conference might be a great avenue 

for the tribal coordinators? 

Ms. DAVID. Yes. 

Senator BEGICH. You mentioned the Immediate Action Work 

Group. Can you tell me the status of where that is at, active, not 

active? 

Ms. DAVID. It is not active at this time. 

Senator BEGICH. Who instigates, who would instigate getting 

that back into activity? 

Ms. DAVID. I believe it would be the governor of Alaska. 

Senator BEGICH. Do you think FEMA might have a role to help 

initiate that? 

Ms. DAVID. Yes, I do. They would play, I believe, an important 

role in that, with that group. 

Senator BEGICH. And the Immediate Action Work Group you 

found to be beneficial? 

Ms. DAVID. Yes. 

Senator BEGICH. Because it created communication, right? 

Ms. DAVID. It was. 

Senator BEGICH. So maybe that is something we could work with 

FEMA on, if the governor is unwilling to do it, maybe FEMA might 

be able to initiate that working group, because the value you found 

for not only your region, but all regions was of high value. 

Ms. DAVID. Yes, it was. If I could add a comment? 

Senator BEGICH. Yes, absolutely. 

Ms. DAVID. So the Immediate Action Work Group was actually 

formed under Governor Palin. She established a climate change 

sub-cabinet and then the Immediate Action Work Group was comprised of Federal, State and local officials to come up with ways to 

protect Alaska’s most at-risk communities. 

Senator BEGICH. So that was a sub-group underneath the cabinet 

group? 

Ms. DAVID. Yes. 

Senator BEGICH. Okay. Because I know the governor has eliminated that sub-cabinet meeting on climate change, so therefore 

eliminated that, that working group. 

Ms. DAVID. I believe so. 

Senator BEGICH. So maybe we could work with you and maybe 

FEMA, and again, I am kind of talking through you to make sure 

FEMA is hearing what I am saying. She is nodding behind you, 

which is a good sign. So maybe that is an opportunity we could 

work on, to have better communication on this. 

Mr. Chairman, the only thing I will add is, I heard a couple of 

times, and I know Mr. Gregory brought it up also, and others did, 

on this threshold of a million dollars. I am assuming that has been 

triggering your mind, too, as something of interest of how we make 

sure we can accommodate potentially that issue. It sounds like 

rural areas, and you asked that question earlier about what is 

causing the problem. Well, this may be one of the problems. The 

number is too large and we have, in a small village in Alaska, I 

can tell you half a million dollars would be devastating. Yet we 

wouldn’t reach the million dollar threshold, so we are kind of in 

this quandary. So it was really more of a rhetorical question. 

Thank you, Mary, for being here, and thank you for the travel. 

56 

The CHAIRMAN. Thank you, Senator Begich. 

You are right, that is exactly the line of questioning I was going 

to go down right off the bat, since we had the Governor mention 

it, and again Matt Gregory mentioned it, and others too. I will 

start with you, Matt. I know FEMA makes the declaration. The 

question comes from a couple of different perspectives. You talked 

about how the infrastructure simply wasn’t there to reach the million dollar threshold. That is a problem from your perspective, it 

is not that they are lowballing the amount of damages done, it is 

just that the infrastructure is not there? 

Mr. GREGORY. That is correct. In rural communities, a lot of the 

State and counties meet that threshold through the infrastructure 

that they have. So the roads, the utilities and those things. For a 

tribe in Oklahoma, our situations is very difficult to reach that million dollar threshold. 

The CHAIRMAN. So let me ask you this, just to flesh this out a 

little bit more. You have roads on tribal land, too. Do they count 

toward the threshold? Like a paved road. Now, I will admit, oftentimes they are not up to the standard outside reservation roads 

are, and we are going to work on that. But the question comes, 

they are still eligible, right? 

Mr. GREGORY. Because we are in a checkerboard situation, a lot 

of those are county and city roads. So there is not infrastructure 

of tribal roads specifically. 

The CHAIRMAN. Okay. That is good to know. And as far as utilities, if they are owned by the local co-op they can’t count toward 

your disaster declaration? 

Mr. GREGORY. That is correct. 

The CHAIRMAN. Thank you. 

Governor Chavarria, Santa Clara has had its share of disasters, 

it would be fair to say, more than its share of interactions with 

FEMA and other Federal agencies, too, that respond to disasters. 

You suffered four major wildland fires, correct me if I am wrong. 

Governor CHAVARRIA. That is correct. 

The CHAIRMAN. The Las Conchas Fire burned over 50 percent of 

your watershed. 

Governor CHAVARRIA. That is correct. 

The CHAIRMAN. And that resulted in severe flooding. You made 

some recommendations based on what you have been through. 

What is your highest priority for changes that would make the 

Federal Government work better in protecting lives and property 

for your people? 

Governor CHAVARRIA. It would be to quickly obligate those dollars. 

The CHAIRMAN. By that you mean the money for funding? 

Governor CHAVARRIA. Project worksheets that identify the direct 

disaster. We are already a year, almost a year into it, and we still 

haven’t got the majority of our funds for larger projects, because it 

has to go through a quality assurance, quality control process before those funds are actually obligated or bundled through this system, then we can start to utilize those dollars. That is the quick 

need for us in Santa Clara, to really get that dollar tomorrow and 

not wait until the following year. 

57 

The CHAIRMAN. I believe this past April you testified in front of 

the House Appropriations Interior Subcommittee that the Army 

Corps is recommending construction of a dam within the canyon, 

correct? 

Governor CHAVARRIA. That was at that time, but it is no longer 

feasible. 

The CHAIRMAN. Why is that? 

Governor CHAVARRIA. Because they couldn’t find a solid foundation to anchor all that foundation. They did some drilling and they 

couldn’t find bedrock. 

The CHAIRMAN. So that is off the table but it still remains a 

problem? 

Governor CHAVARRIA. It is off the table. They admitted that the 

flooding still exists, but they used advanced measures program to 

now look at temporary types of measures for gabling check structures. Also dredging the channel within the community to give it 

capacity and also do some Hesco baskets along some earthen 

berms, and then armoring those earthen berms. 

So being that we didn’t get the larger $40 million dam project 

which is more of a permanent type of structure, we have now 

looked into temporary type measures. The kicker there is on a permanent, we would have had a 25 percent cost match. On these 

temporary measures, it is being fully absorbed through the Corps 

of Engineers advanced measures program. 

The CHAIRMAN. Okay. Ms. Metcalf, thank you for being here. I 

appreciate your testimony. 

It was brought up earlier by Senator Cantwell about the 19 days 

that it took for FEMA to make a declaration of an emergency. Do 

you have an explanation for that delay? 

Ms. METCALF. What we were told, why they wouldn’t accept the 

declarations we would send in, is the terminology didn’t fit for requesting an emergency declaration. 

The CHAIRMAN. Did they say how the terminology didn’t fit? 

Ms. METCALF. No. It was just change it to this, change it to that. 

I think one of the biggest problems is the lack of coordination. 

There were so many people talking, there were so many different 

people showing up, all from FEMA. 

The CHAIRMAN. So there wasn’t a point person for FEMA? Or 

there wasn’t a point person from the tribe? 

Ms. METCALF. The point person from the tribe was the chairman. 

The CHAIRMAN. So there wasn’t a point person from FEMA? 

Ms. METCALF. No. Different people came all the time. 

The CHAIRMAN. Okay. You also in your testimony talked about 

gas cards that were provided to residents of Darrington but not to 

tribal members. 

Ms. METCALF. Yes. 

The CHAIRMAN. Why is that? 

Ms. METCALF. We are really not sure. When our tribal members 

would go stand in line, they would wait two hours in line like everybody else for gas cards, and they were told that they didn’t fit 

the criteria for the gas cards. 

The CHAIRMAN. And that was it? 

Ms. METCALF. That is all we were told. 

58 

The CHAIRMAN. Okay. You talked about the checkerboard, Mr. 

Gregory, as far as the declaration goes. I want to go a different way 

with it. Your checkerboard landscape means that there is a lot of 

non-Indian local government that you have to interact with. How 

do you do that? What is your best way of interacting with basically 

non-Indian local governments? 

Mr. GREGORY. I think we do that in several ways. We do that by 

attending the county meetings, the city meetings, working with the 

emergency managers for the ten and a half county area. We also 

do planning, we do disaster planning, we invite them to be part of 

our planning, our tabletops that we have done. We have invited the 

community out to do those planning sessions with us. 

But it also is about, we are community. And the city and the 

towns and the county governments are all part of our family, we 

consider. So we work directly with those. We also are part of the 

State, Oklahoma State Department of Emergency Management. 

The CHAIRMAN. So you are fully integrated into all the non-Indian entities? 

Mr. GREGORY. We are, and we try to do a better job. There is still 

work to be done there. 

The CHAIRMAN. And they into you? 

Mr. GREGORY. Yes, for the most part, yes. 

The CHAIRMAN. Okay good. That is good. 

Mr. Heflin, you mentioned iTEMA’s efforts to provide additional 

resources to tribes. What is first on your agenda in that regard? 

Mr. HEFLIN. I think at a certain point, the question is access. We 

have heard today that there are inconsistencies as far as who to 

call, how do we get hold of somebody to help. Where do we make 

that first call, and there is inconsistent support depending upon 

the person they are talking to. 

For us as an organization, we identified that that was a critical 

need. So we established a toll-free number to push out to Indian 

Country to help provide that assistance, so there was one number 

to help call for a national organization to provide some preliminary 

guidance and discussion and also make the contact to the corresponding Federal agencies that would have involvement in that, 

with the support of the TAC–G or the Tribal Assistance Coordination Group. For us, that was the solution to that, because there 

was such an issue with that, we started noticing throughout Indian 

Country. 

The CHAIRMAN. I just want to say, I have more questions that 

we will get out to you guys. I want to thank you for making the 

trip. I want to thank you for what you do, each and every one of 

you. I want to thank Ms. Zimmerman for staying here for the hearing from FEMA to listen to the concerns. I think if there is one 

thing that this hearing has pointed out to me is that there is plenty 

of opportunity for improvement here. I think a lot of it has to do 

with communication. Maybe we have to tweak the million dollar 

threshold as it applies to Indian Country, because you are right, a 

lot of Indian Country, that infrastructure isn’t there, or maybe we 

need to figure out how to allow some of the infrastructure we don’t 

count to count. 

59 

I don’t know the best way to go about it, but I can guarantee you 

one thing. If we all work together, we will figure it out. FEMA has 

to be a part of that equation. 

So I want to thank all of you again for your testimony. This hearing is going to remain open for two weeks from today for any further comments people want to put in. 

With that, the hearing is adjourned. Thank you again. 

[Whereupon, at 4:25 p.m., the hearing was adjourned.] 

(61) 

A P P E N D I X 

PREPARED STATEMENT OF HON. BRIAN CLADOOSBY, PRESIDENT, NATIONAL CONGRESS

OF AMERICAN INDIANS

Honorable Chairman Tester, Vice Chairman Barrasso, and members of the Committee, on behalf of the membership of the National Congress of American Indians, 

the oldest and largest national tribal government advocacy organization in the country, I appreciate your efforts in conducting this oversight hearing. This follow up 

to the hearing three years ago, titled Facing Floods and Fires: Emergency Preparedness for Natural Disasters in Native Communities, is well-timed as much has happened to call attention to the great needs for financial and technical assistance as 

tribes seek to enhance emergency management capacity. 

Amendments to the Stafford Act 

For decades the Federal Emergency Management Agency has been a state-centric 

organization and changing the course of the overall agency has proved difficult in 

the last few years but limited progress has been made in improving consultation 

with tribal governments. On January 29, 2013 President Obama signed the Sand 

Recovery Improvement Act. I thank the Committee for supporting this monumental 

legislation to allow tribal nations to directly request disaster assistance for an emergency or disaster from the Federal Government without having to go through another sovereign government. I also thank FEMA Administrator Craig Fugate for his 

willingness to support and advocate for tribal declaration authority. 

FEMA is currently finalizing its proposed Tribal Consultation Policy and seeking 

comments for the Tribal Declarations Pilot Guidance. Indian Country leaders hope 

that administrative policy changes will reflect tribal comments. For instance, Committee Members are well aware of the disparate economic and demographic situation throughout Indian Country which makes it extremely difficult for tribal jurisdictions to meet the Stafford Act damages threshold. The result is that tribal governments and citizens in impoverished areas suffer disproportionately as they do 

not have the financial means to recover from disaster losses. We hope that FEMA 

will adopt a favorable formula. 

Indian Country Disasters 

The recent wildfire at Santa Clara Pueblo, mudslide at Sauk Suiattle, flooding at 

Quinault, and hurricane damage at Shinnecock, reinforces that fact that tribal communities have differing levels of preparedness and response capability. Emergency 

situations and disasters in Indian Country require unique types of assistance for response from the Federal Government. Pre-disaster communication and outreach by 

FEMA headquarters and regional officials with tribal government officials must 

occur. On the tribal side, if they have not done so, tribal emergency management 

directors should be identified and communicate with FEMA and other federal emergency management officials. 

FEMA Staffing 

At this Committee’s last hearing on Indian Country disasters, Administrator 

Fugate provided testimony that FEMA ‘‘hired ten new permanent, full-time employees as Intergovernmental Tribal Affairs Specialists to work out of each of the FEMA 

Regions’’ and that ‘‘FEMA also hired an attorney within the Agency’s Office of Chief 

Counsel (OCC) who is trained and experienced in Federal Indian Law.’’ While both 

of these efforts were worthwhile and helped strengthen the federal-tribal government-to-government relationship between the executive and the tribes, it is unclear 

that the infrastructure Administrator Fugate described in 2011 is still in place. 

In some FEMA regions Regional Tribal Liaisons (RTLs) concentrate full-time on 

tribal issues. In other regions RTLs are said to dedicate half of their time to tribal 

issues, but it is our understanding that it is a rarity for an RTL to spend 50 percent 

of their time on tribal issues. We recommend that the Committee request the FEMA 

62 

Administrator to provide a detailed staffing and organization plan of tribal affairs 

personnel and the reporting structure at HQ and FEMA Regions. 

In evaluating all aspects of FEMA’s Indian Policy efforts it might be useful for 

the Committee to direct the Government Accountability Office to look at all of 

FEMA’s tribal relations programs for implementation as well as consistency in staffing and productivity. 

Federal Grant Funding 

In the Implementing the Recommendations of the 9/11 Commission Act of 2007 

the Congress established eligibility for Indian tribes for homeland security grant 

funding. While crafting this legislation Congress wanted to ensure that funding was 

allocated with a risk-assessment methodology. This methodology created two classes 

of federally recognized Indian tribes, those that are directly eligible for federal funding and those that are not. FEMA recently adopted a Threat and Hazard Risk Identification and Analysis process to apply this risk evaluation so there is no longer 

a need for two classes of tribes. All tribes should be eligible to apply and their applications should be evaluated on their merit. 

Since 2003 Congress has appropriated over $630 million per year for homeland 

security and emergency management grants and programs to states, locals, nonprofits, and even the private sector. A 2011 report showed that up to that time the 

country has spent over $630 billion SINCE 9–11. During this same timeframe, the 

best I can tell is that FEMA has allocated less than $40 million to Indian tribes 

for the same purposes. State Homeland Security grants totaling $355 million were 

awarded to 56 states and territories in FY 2013, an average of $6.3 million per 

state. That same year 28 tribes received $10 million for an average of $.35 million 

per tribe. Inequitable homeland security funding to tribes is shameful and wrong. 

Hazard Mitigation Grant Program provides funding for implementing long-term 

post disaster mitigation measures to reduce loss of life and property in future disasters. The HMGP guidelines were designed for tribes with significant infrastructure 

and capability. Whether tribes are grantees or sub-grantees, there needs to be flexibility for tribes to utilize HMGP for developing and completing hazard mitigation 

plans and for purposes beyond the current guidelines, possibly on a case by case, 

tribe by tribe basis. 

FEMA has devolved some of its federal grant responsibility to states and requires 

tribes to request funding through states which results in increased burdens on 

tribes to develop capability. There are many federal grant processes, for which tribes 

are not eligible, that require legislative or administrative fixes. Some states place 

additional mandates on Indian tribes as a sub-grantee such as HMGP funding. The 

NCAI urges the Committee to request the Congressional Research Service to review 

all necessary legislative changes and provide recommendations to remedy situations 

in which FEMA is devolving its responsibility or where the law does not provide 

that Indian tribes are eligible applicants. 

Federal Coordinating Officers and Joint Field Offices 

FEMA maintains a standing roster, or cadre, of about forty-five Federal Coordinating Officers who have undergone an agency-wide certification program to prepare 

them for all-hazard events including terrorism and weapons of mass destruction. 

FCOs must participate in actual disaster response or full-scale exercises as part of 

the certification program. FCOs are not required to have any familiarity about basic 

tribal government operations and functions. Only a few FCOs have undergone any 

type of Indians 101 training, but according to our information, those who have undergone such training have performed well in assisting tribal communities for which 

they are responsible in disaster situations. This Committee can help by sending a 

message to FEMA to develop an FCO course in tribal relations that includes interaction with the DHS and DHS–FEMA HQ Tribal Liaisons. 

A Joint Field Office is a multiagency center that facilitates incident management 

during actual or potential situations including incidents that require a coordinated 

federal response. Only recently have some FCO’s invited tribal officials into the unified coordinating JFO structure. Instead of waiting for disaster situations, FCO’s 

should reach out to and actively communicate with tribal officials and automatically 

include tribal officials in the JFO during a Presidential Disaster Declaration. 

Tribal Cadre of Disaster Assistance Employees 

Disaster Assistance Employees (DAE) are temporary FEMA employees who work 

in a disaster zone that can be deployed from a few weeks to several months depending on the area and gravity of a disaster. Among the duties of DAEs is to contact 

tribal officials and apprise them of recovery programs and eligibility requirements 

as well as assist in filling out and submitting required paperwork. Native peoples’ 

cultural and other differences are better understood by another Native person who 

63 

would be able to better interact and respond to questions coming from or related 

to tribal community members. Indian Country would benefit greatly if FEMA would 

institutionalize a formal qualified tribal DAE cadre. The NCAI requests that this 

committee urge FEMA to establish the tribal DAE cadre. 

FEMA—Emergency Management Institute 

The NCAI passed a resolution (#TUL–13–046) following passage of the Stafford 

Act tribal amendment calling for appropriate consultation, collaboration, and training of tribal leaders and emergency management officials regarding promulgation of 

the Act, which recognizes tribal sovereignty. FEMA’s Emergency Management Institute (EMI), in collaboration with tribal emergency management specialists, has developed courses to assist tribal government officials in emergency management planning. The unique courses contain tribal cultural, governance, and jurisdictional implications. Tribes are in need of experienced tribal emergency managers to assume 

Stafford Act disaster declaration responsibility. We ask the Committee Members to 

seek budgetary support of not less than $500,000 annually for onsite and field delivery of greatly needed and cost effective training. 

Other Recommendations 

Tribes have not been invited to testify at other congressional committees regarding disasters and emergency preparedness and when FEMA testifies before other 

committees we do not hear tribal issues being highlighted or even mentioned. We 

hope members of this Committee will assist in ensuring that tribes will be included 

in all hearings regarding this important topic. 

We urge the Committee to request the Congressional Research Service to report 

on the possible legislative actions related to tribal emergency management that the 

Congress should consider. Specifically the CRS should evaluate the Stafford Act and 

the Sandy Recovery and Improvement Act and recommend changes for tribal participation and consider whether separate tribal disaster laws are needed. 

In Closing 

At this 2011 hearing on disasters in Indian Country, Committee Vice Chairman 

Barrasso stated, ‘‘Often we don’t pay much attention to the need for emergency preparedness until after there is a disaster, but the risk of one form or another of natural disaster in Indian Country is not theoretical and, as we can see, it is real, and 

Indian communities need to be prepared to deal with this reality.’’ This statement, 

unfortunately, is still accurate. The National Congress of American Indians thanks 

the Committee for looking into this vital topic and for the opportunity to submit our 

statement. We look to the Committee to lead Indian Country into an enhanced state 

of emergency preparedness which will benefit citizens of tribal communities as well 

as our nation as a whole. 

PREPARED STATEMENT OF HON. JO-ELLEN DARCY, ASSISTANT SECRETARY OF THE

ARMY (CIVIL WORKS) 

Chairman Tester, Ranking Member Barrasso, and Members of the Committee, I 

am Jo-Ellen Darcy, Assistant Secretary of the Army (Civil Works). Thank you for 

the opportunity to provide a Statement for the Record, discussing the Army Corps 

of Engineers (Corps) response to natural disasters in Indian Country. The Corps 

prepares for and provides timely, consistent, and efficient execution of response and 

recovery operations for flood and other natural disasters to save lives, protect property and the environment, and to meet basic human needs. The Corps provides this 

support to State, Tribes and local governments under Public Law 84–99 and supports FEMA under the Stafford Act, as amended. 

Public Law 84–99 authorizes the Chief of Engineers, acting through the Secretary 

of the Army, to undertake activities including disaster preparedness, Advance Measures, emergency operations (flood response and Post Flood Response), rehabilitation 

of flood control works threatened by or destroyed by flood, protection or repair of 

federally authorized shore protective works threatened or damaged by coastal 

storms, provision of emergency water due to contaminated sources, and drought assistance. With the single exception of drought assistance, which is due to the specific 

language of the statute, Tribal Nations can, and do, request and receive assistance 

under PL 84–99 from the Corps. 

The Stafford Act (Public Law 93–288, as amended), constitutes the statutory authority for most Federal response activities, especially as they pertain to FEMA and 

FEMA programs. In accordance with the Stafford Act, FEMA may direct the Corps 

to utilize its available personnel, supplies, facilities, or other resources to provide 

assistance in the event of a major disaster or emergency declaration. The DepartVerDate Mar 15 2010 13:20 Jan 09, 2015 Jkt 092272 PO 00000 Frm 00067 Fmt 6601 Sfmt 6621 S:\DOCS\92272.TXT JACK
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ment of Defense has designated the Corps as the planning and operating agent for 

Emergency Support Function #3, Public Works and Engineering, under FEMA’s National Response Framework (NRF). FEMA’s NRF provides guidance for the Nation’s 

all-hazards response, and identifies key organizational response principles, roles, 

and structures. 

The Stafford Act was amended in the Sandy Recovery Improvement Act of 2013 

(Public Law 113–2), to provide federally recognized tribal governments the choice 

to request emergency and major disaster declarations. This allows FEMA, and other 

Federal agencies as directed, to provide assistance to tribal governments independently of state declarations. I’m going to share a few examples of support that the 

Corps has provided to Tribal Nations in response to natural disasters. 

Last April, the Saint Regis Mohawk Tribe was affected by flooding in Franklin 

and St. Lawrence Counties. A small dam at Saint Regis Falls in Waverly, NY had 

breached, spilling water onto Tribal lands, inundating roads and requiring the evacuation of 10–12 homes. The Tribe had used all of their available sand bags and was 

in need of additional sand bags. The Tribe contacted one of the Corps tribal liaisons, 

and from there the Corps Buffalo District contacted the Tribe. Arrangements were 

made within the hour for the Tribe to pick up a supply of sandbags at a Corps’ storage facility located about 100 miles away. 

The Quinault Indian Nation live, hunt, and fish on the same land and waters as 

their ancestors did centuries ago. Three Indian reservations of the Quinault Indian 

Nation, the Quinault, Hoh Indian Tribe and Quileute Tribe, are located on the 

Washington coast. All three villages are located at sea level and at the confluence 

of major rivers. In the summer of 1993, the Corps Seattle District developed a list 

of environmental triggers, that when reached, would indicate imminent flooding, 

thereby threatening historic villages and heavily populated areas occupied by Tribal 

elders and others who may be reluctant to leave their ancestral homes, even temporarily. When teams for this coastal area conducted exercises in the late summer of 

2013 to prepare for flood season, they had these triggers in hand and were able to 

develop a preferred course of action during a potential flood event. This pre-planning paid off when these triggers were met in January 2014 by a flood event caused 

by a combination of high tides, high winds, storm surges and heavy rain that overwhelmed Tribal capacity. All three tribes requested Corps assistance; the Quinault 

Nation issued a disaster declaration and requested Corps assistance. Three crews 

provided by the Corps were dispatched over a two-day period to provide technical 

expertise and assist in the reinforcement of the damaged, existing seawall. The 

overtopped and damaged seawall was quickly shored up with the addition of 800 

tons of riprap rock, and the lower village of Taholah and the risk of flooding to its 

residents was greatly mitigated. 

In 2011 during the Las Conchas Fires, the largest wildfire at that time in the history of New Mexico’s, and the Pacheco Fires, the Corps Albuquerque District began 

emergency response activities at the request of numerous communities, including 

the Pueblos of Nambe, Santa Clara, San Ildefonso, Cochiti, Santo Domingo, Jemez 

and Acoma. The Albuquerque District provided both technical and direct assistance 

under PL 84–99, with particular focus on the most severely impacted Tribal communities, the Pueblos of Santa Clara, Nambe and Cochiti. During the fall of 2011, the 

Corps developed Technical Assistance Reports identifying increased post-fire flood 

risk and suggested mitigation for both Santa Clara and Cochiti Pueblos. 

In 2012, the Corps responded to assistance requests from numerous communities 

in New Mexico and Colorado in response to that year’s extensive wildfire season, 

which included the Whitewater-Baldy Complex and Waldo Canyon Fires. The Corps 

Albuquerque District continued to support both the Nambe and Cochiti Pueblos with 

individual Technical Assistance Reports and the Santa Clara Pueblo through the 

Corps Section 203 Tribal Partnership Program. 

In 2013, in addition to ongoing and technical support under PL 84–99, the Albuquerque District completed the Technical Assistance Report for the Pueblo of Nambe 

and initiated Section 205 Small Flood Risk Management Projects with the Pueblos 

of Santa Clara and Cochiti. Significant flooding occurred across New Mexico in the 

Fall of 2013 that resulted in numerous assistance requests including, Ohkay 

Owingeh, the Pueblos of Santa Clara, San Ildefonso, Nambe, Cochiti, Santo Domingo, San Felipe, Santa Ana, Acoma, Zuni, and Isleta, the Navajo Nation including 

Window Rock, Red Lake Chapter, Gadiiahi, Chinle, Many Farms, and Dilkon Chapters as well as Piute Creek Bridge in Utah. This year, the Corps met with Governor 

Chavarria from the Pueblo of Santa Clara to explore feasible measures to help mitigate flood risk potential. PL 84–99 Advance Measures funds have been provided to 

the Corps Albuquerque District to implement physical emergency measures in the 

near-term, and the district continues to develop longer-term solutions to augment 

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vation to create additional stream channel capacity, installation of innovative flood 

barrier fight products (HESCO bastions), armoring of existing diversion berms and 

embankments, and the construction of gabion check structures. 

In mid-June 2014, the Asaayi Lake Wildfire burned over 14,000 acres, most of 

which are on the Navajo Nation reservation on the Arizona-New Mexico border. 

Drainage from the burned area, in the Chuska Mountain watershed, channels into 

four communities, Sheep Springs, Naschitti, Crystal, and Navajo. Chapters within 

the Navajo Nation began to experience increased sediment and debris flows almost 

immediately. The Navajo Nation Department of Emergency Management contacted 

the Army Corps of Engineers and requested technical assistance. The assistance 

provided includes modeling and inundation data based on the denuded watersheds, 

assistance in developing a flood fight plan for the short term (current monsoon season), training in flood fight techniques, and similar measures to help protect lives 

and property. In addition, the Corps is preparing its own contingency plan to assist 

the Navajo Nation, if requested, in any future active flood fight activities. The Navajo Nation has also expressed interest in developing a flood risk Continuing Authorities Program project based on the 2013 assessment at Window Rock. 

Under the National Disaster Recovery Framework, the Corps and other Federal 

agencies work together under FEMA direction to respond to a disaster and help in 

the recovery effort. Tribes with previous experience in disaster response are often 

better equipped to benefit from the range of available forms of Federal assistance. 

Tribes facing a catastrophic event for the first time may be quickly overwhelmed 

by the complex information and the different sources of potential assistance that 

may be available from the Federal Government. The most effective method to address this concern is targeted outreach, education and training for Tribal governments. 

The Corps is making progress in this regard through its cadre of District Tribal 

Liaisons. The Corps is working to expand Liaison training in USACE emergency response authorities, programs and policies. In addition, the agency is developing appropriate informational material tailored for distribution to tribal governments, and 

is placing additional emphasis on partnering with Tribal departments of emergency 

management, including increased use of the Silver Jackets Program. This program 

is a State- or Tribal-led interagency partnership to coordinate response, recovery 

and mitigation activities and actions and helps achieve the Corps’ goal of flood risk 

reduction for communities. The Corps has also been coordinating closely with FEMA 

on interagency cross-training and assignment opportunities to increase the value of 

the respective Tribal Liaisons resources when facing crisis in Indian Country. 

One of the major lessons learned working with Tribal Emergency Response has 

been the value of the Corps technical assessments and reports Tribes are using assessments and the more detailed Technical Assistance Reports as the basis for applications to other sources of federal and non-federal assistance. Technical Assistance Reports typically include fast-track flood risk analysis, mitigation alternatives 

evaluation and preferred alternative selection, as well as projected costs for implementation. Their level of detail and organization are being well received, and even 

requested, as substantive justification for proposal packages. 

Mr. Chairman, this concludes my statement of record. Thank you again for the 

opportunity to provide this statement. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JON TESTER TO

ELIZABETH ZIMMERMAN

Question 1. How are tribes being, or have been engaged, to mold FEMA’s Indian 

policy? Does that process honor the government-to-government relationship? 

Answer. FEMA is committed to enhancing its government-to-government relationship with federally recognized Indian tribes. It is in the spirit of this commitment 

that FEMA developed the Tribal Consultation Policy to implement Executive Order 

13175, as a complement the U.S. Department of Homeland Security’s Tribal Consultation Policy, to further guide our efforts. Signed by Administrator Fugate on August 12, 2014, the Tribal Consultation Policy provides the guidelines for meaningful, 

regular, and transparent consultation with tribal officials on FEMA actions that 

have tribal implications, and enhances FEMA’s government-to-government relationship with Indian Country. The policy directly lays out the methods by which FEMA 

will interact with tribes regarding changes to policies and programs. 

FEMA received valuable input from tribes in the development of the Tribal Consultation Policy, consulting with tribes from October 2013 through March 2014. During that time, FEMA presented the policy at conferences, in-person tribal meetings, 

and listening sessions, and on webinars and conference calls. FEMA received many 

66 

written comments from tribes, and they are summarized on FEMA’s website. FEMA 

also looked to tribal consultation policies of other agencies, such as the Environmental Protection Agency, to glean best practices and promote consistency in consultation methods and engagement across the Federal Government. 

As FEMA implements the Tribal Consultation Policy, its National Tribal Affairs 

Advisor (NTAA) is meeting with FEMA program offices to highlight the critical elements of the consultation policy and advise programs on the need to engage tribes 

when undertaking actions that could have tribal implications. FEMA’s consultation 

approach will seek tribal input and provide tribes the opportunity to request consultation earlier in the process of policy and program development. The FEMA Tribal Consultation Policy respects the government-to-government relationship by seeking input from tribes on how and with whom to consult. FEMA seeks to honor tribes 

as sovereign nations by placing strong emphasis on enabling tribes to guide the 

methods of consultation. 

Additionally, FEMA leadership holds a monthly conference call with the four largest tribal associations—National Congress of American Indians (NCAI), Tribal 

Emergency Management Agency (iTEMA), National Tribal Emergency Management 

Council (NTEMC), and United South and Eastern Tribes (USET)—to provide them 

with program and policy updates. FEMA anticipates that the associations will in 

turn push out the information to their various members from the 566 federally recognized tribes. This is a useful tool for tribes to learn about potential changes to 

policies or programs, in addition to being a vehicle for FEMA to provide important 

information about programs, grants, and policies that could be of use to tribes and 

tribal officials. 

On an operational level, tribes, tribal officials, and tribal associations have been 

consulted and significantly involved in developing the Tribal Declarations Pilot 

Guidance. On January 29, 2013, President Obama signed the Sandy Recovery Improvement Act (SRIA) into law. In recognition of the government-to-government relationship, the Act included a provision to provide federally recognized Indian tribal 

governments the option to request a Presidential emergency or major disaster declaration independent of a state declaration request. In order to allow tribes the 

choice to use the new authority immediately, FEMA is currently processing tribal 

declaration requests using the current regulations used for state requests, while at 

the same time developing declarations procedures specifically for tribal governments 

that take into account the unique circumstances that affect tribal communities. 

As a first step in developing tribal-specific procedures, FEMA developed a first 

draft of the Tribal Declarations Pilot Guidance, which incorporated initial input 

from tribal governments that was collected in early 2013. Then, beginning in April 

2014, FEMA conducted a second, more in-depth round of consultation with tribal 

governments through 60 in-person working meetings that occurred throughout the 

country, attended by more than 500 participants representing more than 200 tribes. 

During this tribal consultation open comment period, which ended on August 31, 

FEMA asked tribal governments for their thoughts and comments on a working 

draft of the Tribal Declarations Pilot Guidance. FEMA is currently adjudicating the 

comments, and the input will inform the further development of the pilot guidance. 

FEMA will conduct a second round of consultation before the pilot guidance is finalized. When final, the guidance will describe how FEMA processes and evaluates requests for assistance under the Stafford Act from tribal governments. 

Question 2. What is FEMA doing to educate and train FEMA field and project officers about tribal nations and sovereignty? 

Answer. FEMA created a Tribal Branch within the Office of External Affairs/ 

Intergovernmental Affairs Division as a reflection of the importance of having tribal 

affairs coordinated under a structure distinct from one that coordinates other governmental stakeholders. This branch is led by FEMA’s National Tribal Affairs Advisor and supported by two additional full-time employees working within the branch, 

which significantly increases the ability of FEMA headquarters to focus on tribal 

issues. 

FEMA regularly looks for opportunities to educate employees. For example, as 

part of Native American Heritage Month, FEMA hosted an internal event featuring 

U.S. Department of Agriculture Deputy Under Secretary Arthur ‘‘Butch’’ Blazer, and 

Bureau of Indian Affairs Director Michael Black. Mr. Blazer and Mr. Black educated 

FEMA participants about Native Americans’ contribution to public service, their experiences as Native Americans in the Federal Government, and their insights on 

governmental interaction with tribes. This follows FEMA’s first agency-wide seminar for Native American Heritage Month in 2013. 

During disaster field operations that impact tribal communities, Joint Field Offices offer training for FEMA field and project officers about tribal nations and their 

unique emergency management needs with regard to tribal culture, tradition, sovVerDate Mar 15 2010 13:20 Jan 09, 2015 Jkt 092272 PO 00000 Frm 00070 Fmt 6601 Sfmt 6621 S:\DOCS\92272.TXT JACK
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1 Pocket guide is available at: http://www.fema.gov/media-library-data/1414163004909- 

18662df46f3a3c28f51c1c5b7a209358/FEMAlPocketlGuidel508lCompliant.pdf 

ereignty, and governance. A regional tribal liaison also deploys to the disaster site 

to assist both the tribe and FEMA employees who will be working with the tribe. 

The Emergency Management Institute (EMI) delivers tribal curriculum courses 

for tribal officials both online and face-to-face. The tribal curriculum courses are delivered by a team of instructors, some of whom are tribal members themselves, who 

are carefully selected for their extensive experience working for a tribal government 

in emergency management. While targeted for tribal audiences, these courses are 

also often attended by federal employees seeking more in-depth knowledge about 

tribal emergency management. EMI also offers an online independent study class 

on Tribal Affairs that is targeted for and open to any current FEMA employees. 

FEMA is hosting an ongoing series of Tribal Consultation Policy webinars to educate FEMA employees on how to engage with Indian tribes and tribal officials in 

regular and meaningful discussion and collaboration on agency actions that have 

tribal implications. 

Question 3. The intergovernmental relations between the CCT, DHS/FEMA, and 

federal agencies needs fine tuning regarding on-reservation funding streams and 

disaster response. Federal programs established at Rocky Boy’s prior to the time of 

disaster were accessed for short-term emergency response funding. The mechanism 

needs to be refined to address reimbursement, cost sharing, alternative federal resources, and the interplay with insurance pay-out. How can FEMA’s individual assistance program be leveraged to assist tribal members who don’t qualify for the 

public assistance program? 

Answer. FEMA recognizes that communities, including tribal nations, face significant and complex challenges after disasters. 

FEMA’s Individual Assistance Program provides financial assistance to individuals and households that have unmet, disaster-related needs. One program available under Individual Assistance is Individuals and Households Program, which 

may provide Housing Assistance and/or Other Needs Assistance. 

Housing Assistance may include: (1) financial assistance to renters or homeowners 

for lodging or rental expenses while repairs are made to the pre-disaster primary 

residence; (2) financial assistance to homeowners to repair disaster-related damage 

not covered by insurance; and (3) direct temporary housing when disaster survivors 

cannot make use of financial temporary housing assistance due to a lack of adequate 

alternate housing. Other Needs Assistance may include (1) financial assistance to 

pay for disaster-related medical or dental expenses; and (2) financial assistance to 

pay for expenses incurred for a death due to the disaster. 

Public Assistance provides reimbursement to tribal, state, territorial, and local 

governments and certain private non-profits to repair infrastructure. Public Assistance does not provide financial assistance directly to individuals; and Individual Assistance does not provide assistance to repair infrastructure. 

The Stafford Act requires a non-federal cost share for Public Assistance and the 

Other Needs Assistance provision of Individual Assistance. The Stafford Act does 

not require a non-federal cost share for temporary housing assistance. It is important to note that the statute prohibits FEMA from duplicating benefits provided by 

other sources, such as assistance from other Federal agencies or benefits from insurance. FEMA has established a sequence of delivery to provide Public Assistance and 

Individual Assistance to eligible applicants as expeditiously as possible while not 

duplicating benefits or services. 

FEMA developed a pocket guide to help federally recognized tribes quickly reference information about FEMA programs and how the agency engages with 

tribes. 1 It also describes disaster assistance provided by other federal agencies, such 

as the U.S. Small Business Administration (SBA). SBA provides low-interest loans 

to homeowners, renters, businesses of all sizes, and private, nonprofit organizations 

that suffered uninsured or underinsured losses from a declared disaster. 

FEMA continues to develop tools to assist state, tribal, territorial, and local governments organize and coordinate their own recovery efforts based on the core capabilities outlined in the National Disaster Recovery Framework. If warranted by the 

needs of the event, tribal governments may request that the Federal Government 

use the National Disaster Recovery Framework to support the coordination of federal agencies and other sources of recovery assistance, such as non-governmental organizations or state, local, tribal, or territorial governments. 

Question 4. What strategies are in place, or are being developed, to strengthen 

the tribal intellectual capacity to successfully administer FEMA’s public assistance 

policy? 

68 

Answer. The Emergency Management Institute delivers a Tribal Curriculum of 

courses in a classroom setting for tribal officials, and makes other training available 

to tribal leaders that is online or face-to-face. The Tribal Curriculum courses are delivered by a team of instructors, the vast majority of whom are tribal members 

themselves, who are carefully selected for their extensive experience working for a 

tribal government in emergency management. Based on our admissions records, 

from the beginning of FY 2011 through mid-July 2014, 1,228 tribal government representatives from 173 different tribes have attended the Tribal Curriculum courses. 

Secondly, each FEMA Region with federally recognized tribes has a tribal liaison 

who works directly with tribes before and after Stafford Act declarations. The tribal 

liaisons build relationships with tribes and coordinate trainings on Stafford Act programs and processes. As many tribes may not be familiar with disaster assistance 

programs and related requirements, FEMA is developing tools (such as the recently 

released Tribal Pocket Guide) to help tribal governments better understand FEMA’s 

programs, including the public assistance program. 

Finally, FEMA Regions provide hands-on workshops on preparedness, response, 

recovery, and mitigation that help tribes better understand Stafford Act disaster assistance programs and related requirements. Additionally, Regions provide technical 

assistance to tribes on continuity of operations plans, emergency operations plans, 

hazard mitigation plans, and the Threat and Hazard Identification and Risk Assessments process so the tribes will understand their risks, estimate capability requirements, be better prepared for disasters, and be ready to administer disaster assistance. 

Question 5. What guidance does FEMA need from tribes to develop extensive 

training and orientation for all new tribal grantees? 

Answer. FEMA understands that each tribe is unique and has individualized 

needs and knowledge levels. 

Therefore, to gain further understanding of tribal needs, FEMA’s headquarters 

staff and regional tribal liaisons throughout the country are engaging extensively 

with tribes. Our regional components engage the tribes with the intent to form lasting relationships that allow candid conversations about education and training 

needs. 

In response to requests from tribes, FEMA is increasingly bringing training 

courses to the tribes on their lands or in their region (as opposed to bringing tribes 

to the training), thereby making it more accessible and tailoring it to their needs. 

The building of these personal and professional relationships continues to grow 

from FEMA’s increasing tribal engagement, such as the enactment of the Tribal 

Consultation Policy, the hiring of the National Tribal Affairs Advisor and Tribal 

Branch staff, and dedication to outreach and engagement. For example, since April 

2014, FEMA’s National Tribal Affairs Advisor has conducted face-to-face meetings 

with 24 tribes around the country from Florida to Alaska, and attended six major 

tribal conferences. 

Also at the request of tribes, FEMA is also working with our Grants Program Directorate to provide better technical assistance, educational materials, and engagement opportunities for tribal officials regarding FEMA grant opportunities. By connecting the senior leadership responsible for grants programs directly with tribal officials and tribal national association leadership, FEMA is further distributing important information about funding opportunities and training in Indian Country. 

FEMA alerts tribes to grant opportunities through advisories and offers guidance 

through outreach materials. 

FEMA Regions provide hands-on workshops on preparedness; response, recovery, 

and mitigation, and those workshops help tribes better understand Stafford Act disaster assistance programs and related requirements. Additionally, FEMA Regions 

provide technical assistance to tribes on continuity of operations plans, emergency 

operations plans, hazard mitigation plans, and the Threat and Hazard Identification 

and Risk Assessment (THIRA) process so the tribes may be able to understand their 

risks, estimate capability requirements, be better prepared for disasters, and be 

ready to administer disaster assistance. 

Æ