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FEMA POLICY: FEMA Tribal Policy

FEMA Policy #305-111-1

BACKGROUND 

This policy applies to all Federal Emergency Management Agency (FEMA) programs and 

headquarters and regional employees. FEMA’s Tribal Policy outlines the commitment by the 

Agency to enhance its nation-to-nation relationship with federally recognized Indian tribal 

governments (tribal governments), and to ensure FEMA works together to build, sustain, and 

improve every tribal governments’ capacity to prepare for, protect against, respond to, recover 

from, and mitigate against all hazards. 

This updated policy supersedes the FEMA Tribal Policy dated December 30, 2013, and all 

previous guidance on this subject. This policy is consistent with existing law and does not alter 

or supersede the authorities of FEMA or those of any other federal agencies. Further, this 

policy does not diminish or modify existing tribal government authority in any way. 

PURPOSE 

This policy establishes how FEMA operates with regard to tribal governments, and outlines a 

framework for nation-to-nation relations with tribal governments that recognizes tribal 

sovereignty, self-governance, and FEMA’s trust responsibility that is consistent with applicable 

authorities. 

PRINCIPLES 

A. Recognizing the unique nature of each tribal community and the need to work with all 

members of tribal communities, FEMA commits to building strong and lasting partnerships 

with tribal governments to assist in preparing for all threats and hazards, including those 

unique to tribal communities.

B. FEMA will respect and support the unique status of sovereign tribal governments by 

engaging in meaningful dialogue that will assist tribal communities with any emergency 

management needs, which fall under the authority of FEMA. 

C. FEMA acknowledges the inherent sovereignty of tribal governments, the trust responsibility 

of the federal government, and the nation-to-nation relationship between the U.S. 

Government and tribal governments as established by the U.S. Constitution, statutes, 

treaties, court decisions, executive orders, regulations, and policies as the foundation of 

this policy. 
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REQUIREMENTS

A. NATION-TO-NATION RELATIONSHIPS

Outcome: FEMA maintains nation-to-nation relationships and engagement with tribal 

governments.

1. FEMA recognizes that the tribal right to self-governance stems from the inherent 

sovereignty of Indian tribes as nations and that tribal governments have a unique and 

direct relationship with the federal government. Tribal governments are not political 

subdivisions of states, but are recognized by the United States as distinct sovereign 

entities.

2. FEMA will work in partnership with other federal departments and agencies to enlist their 

support with cooperative efforts to further the goals of this policy. 

3. FEMA will maintain a distinct policy guiding the Agency’s process to consult and 

collaborate with tribal governments on the development and implementation of policies 

that have tribal implications.

B. CONSIDERATION OF THE UNIQUE CIRCUMSTANCES THAT AFFECT TRIBAL 

GOVERNMENTS

Outcome: FEMA considers the unique circumstances of agency programs and disaster 

assistance that affect the general welfare of tribal governments. 

1. FEMA will consult with tribal leaders and officials when developing policies, guides and 

implementing programs and projects that have tribal implications that have substantial 

direct effects on tribes and will maintain a distinct policy guiding the Agency’s 

consultation process that reflects the unique circumstances affecting tribal governments.

2. FEMA actions that may affect the unique circumstances of a tribal community, include

but are not limited to: cultural and religious interests, sacred, historical and cultural sites, 

resources, and preservation, location, infrastructure, and economic status. 

3. FEMA will identify and take reasonable, appropriate steps to eliminate or diminish 

procedural impediments to working directly and effectively with tribal governments.

FEMA recognizes there may be legal, procedural, organizational, or other impediments 

that affect its working relationships with tribes.

C. BUILDING TRIBAL CAPACITY

Outcome: FEMA will work in collaboration with tribal governments to further develop tribal 

education and training curriculum. 

1. FEMA will provide tribal governments with information necessary to participate in 

educational and technical assistance programs to support, develop, and enhance tribal 

expertise to build, sustain, and improve the capacity to prepare for, protect against, 

respond to, recover from, and mitigate against all hazards. 

2. FEMA, working through the National Tribal Affairs Advisor and the Regional Tribal 

Liaisons, will work with Agency program areas to develop and structure tribal educational 

and technical assistance programs to be flexible to the unique circumstances of tribal 
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governments (e.g., variation in size, financial circumstances, cultural, and other unique 

circumstances). 

____________________________________

W. Craig Fugate 

Administrator

Federal Emergency Management Agency 

____December 27, 2016________________

Date
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ADDITIONAL INFORMATION

REVIEW CYCLE

FEMA Policy 305-111-1, FEMA Tribal Policy, will be reviewed, reissued, revised, or rescinded 

within four years of the issue date.

AUTHORITIES

A. The Homeland Security Act of 2002, as amended (6 U.S.C. 101 et seq.)

B. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42

U.S.C. 5121 et seq.)

C. The Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a)

D. Executive Order 13175, Consultation and Coordination with Indian Tribal Governments

E. Presidential Memoranda of November 5, 2009, Tribal Consultation

F. FEMA Policy 101-002.01: Tribal Consultation

REFERENCES

A. Department of Homeland Security Tribal Consultation Policy

B. FEMA Tribal Consultation Policy, August, 2014.

C. Executive Order 13175, Consultation and Coordination with Indian Tribal Governments 

D. Presidential Memoranda: Government-to-Government Relations with Native American 

Tribal Governments; April 29, 1994. Government-to-Government Relationship with Tribal 

Governments; September 23, 2004. Tribal Consultation; November 5, 2009.

DEFINITIONS

Consultation: See FEMA Policy 101-002.01: Tribal Consultation. 

Indian Tribal Government (tribal government): The governing body of any Indian or Alaska 

Native tribe, band, nation, pueblo, village, or community that the Secretary of Interior 

acknowledges to exist as an Indian tribe under the federally Recognized Indian Tribe List Act of 

1994. (25 U.S.C. §§ 479a to 479a-1) (42 U.S.C. § 5122(6)).

MONITORING AND EVALUATION

FEMA’s National Tribal Affairs Advisor (NTAA) advises the FEMA Administrator and other 

senior FEMA leaders on tribal issues and engages tribal governments on policy issues from 

FEMA Headquarters. FEMA’s Regional Tribal Liaisons (RTLs) support tribes in each of the ten 

(10) geographic FEMA Regions across the United States. The NTAA will evaluate the national 

implementation and effectiveness of this policy across the FEMA Regions and programs, with 

the help of FEMA’s RTLs. In addition, the NTAA and RTLs will continually monitor FEMA 

programs and projects that affect tribal interests to ensure they support this policy. If there are 

disagreements regarding the implementation of this policy, FEMA and tribal governments will 

work to resolve them on a nation-to-nation basis.

QUESTIONS

Direct questions to the Office of External Affairs at FEMA-ActionOffice-EA@fema.dhs.gov.