Tribal Declarations Pilot 

Guidance 

January 2017 
1

Table of Contents

I. Background ........................................................................................................................................... 3

A. Implementation of Tribal Declarations ............................................................................................. 3

B, Tribal Consultation ........................................................................................................................... 3

C. Background on the Stafford Act ....................................................................................................... 4

D. Impacts of the Amendment to the Stafford Act ................................................................................ 4

E. Availability of Technical Assistance ................................................................................................ 6

II. Definitions ............................................................................................................................................. 7

III. Stafford Act Presidential Declarations and Available Assistance ........................................................ 9

A. Types of Stafford Act Presidential Declarations ............................................................................... 9

B. Types of Stafford Act Assistance .................................................................................................... 11

IV. Who/What Is Eligible for Assistance in a Tribal Declaration? ........................................................... 18

A. Public Assistance ............................................................................................................................ 18

B. Individual Assistance ...................................................................................................................... 18

C. Hazard Mitigation Grant Program .................................................................................................. 19

V. Requirements for Disaster Assistance ................................................................................................. 19

A. Tribal Mitigation Plan ..................................................................................................................... 19

B. Public Assistance Administrative Plan ........................................................................................... 21

C. Hazard Mitigation Grant Program Administrative Plan ................................................................. 21

D. Other Needs Assistance Administrative Option Selection .............................................................. 22

E. Federal Grants Management Compliance ....................................................................................... 23

VI. Process to Request Major Disaster Declarations ................................................................................ 24

A. Emergency Plan Activation ............................................................................................................ 24

B. Initial Damage Assessment ........................................................................................................... 25

C. Joint Preliminary Damage Assessments ......................................................................................... 25

D. Declaration Request ........................................................................................................................ 27

E. Processing the Declaration Request ................................................................................................ 33

F. Notification of Third Parties ........................................................................................................... 34

VII. Criteria FEMA Uses to Make Declaration Recommendations to the President ................................. 34

A. Public Assistance ............................................................................................................................ 34

B. Individual Assistance ...................................................................................................................... 36

C. Hazard Mitigation Grant Program .................................................................................................. 38

D. Cost Share Adjustments .................................................................................................................. 38

VIII.Requests for Emergency Declarations ................................................................................................ 39

IX. Declaration Decision Support ............................................................................................................. 40

A. Prior to Declaration Request ........................................................................................................... 40
2

B. Method of Request .......................................................................................................................... 42

C. Administrative Plan Requirements ................................................................................................. 43

X. Presidential Declaration Determination .............................................................................................. 44

A. Notification of the Declaration Determination ............................................................................... 44

B. Designation of Federal Coordinating Officer ................................................................................. 45

XI. Post-Declaration Activities ................................................................................................................. 46

A. Designation of Tribal Disaster Officials ......................................................................................... 46

B. FEMA-Tribe Agreement ................................................................................................................. 46

C. Request for Additional Types of Assistance or Areas of Eligibility (if needed) ........................... 47

D. Request to Adjust Cost Share .......................................................................................................... 47

E. Amending the Incident Period ........................................................................................................ 48

F. Amending the Incident Type........................................................................................................... 48

G. Community Disaster Loans ............................................................................................................. 49

H. Advance of Non-Federal Share ....................................................................................................... 49

I. Appeals ........................................................................................................................................... 49

J. Partial Denial of Requested Types of Assistance or Areas ............................................................. 49

Abbreviations and Acronyms ..................................................................................................................... 50

Appendix A: Request for Presidential Disaster Declaration Form ............................................................. 51
3

I. Background

A. Implementation of Tribal Declarations 

The Sandy Recovery Improvement Act of 2013 (SRIA) amended the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act, as amended, 42 U.S.C. §§ 5121 et seq. (Stafford Act), to 

provide federally recognized Indian tribal governments (tribal governments) the option to request a 

Presidential emergency or major disaster declaration.1

The Federal Emergency Management Agency (FEMA) is implementing this authority in three phases:

(1) Use of existing regulations (2013-2016): In order to allow tribal governments the choice to use 

the new authority immediately and to provide time for consultation on drafts of the Tribal 

Declarations Pilot Guidance, FEMA processed tribal declaration requests using adapted state 

declarations regulations. 

(2) Pilot period: FEMA will use the Tribal Declarations Pilot Guidance to manage tribal declaration 

requests, reflecting some of the unique circumstances that impact tribal communities.

(3) Rulemaking: FEMA will promptly follow the notice and rulemaking process to develop

regulations informed by the pilot program. 

The publication of this guidance starts the pilot phase of tribal declarations implementation. The 

guidance serves as a comprehensive resource for tribal governments on Stafford Act declarations, 

disaster assistance, and related requirements. It also includes the criteria FEMA will use to evaluate 

declaration requests from tribal governments and make recommendations to the President regarding 

whether to declare an emergency or major disaster.

B. Tribal Consultation 

In early 2013, FEMA sought input from tribal governments on the Stafford Act declarations process 

to inform the development of the Tribal Declarations Pilot Guidance. In April 2014, FEMA initiated 

tribal consultation on a draft and held 60 meetings around the country to discuss the first draft inperson with tribal governments. Over 540 attendees representing over 220 tribal governments 

participated in the meetings. FEMA received over 1,000 comments, which were used to develop the 

second draft version of the guidance. 

In January 2016, FEMA sought input from tribal governments on a second draft of the guidance2

. 

FEMA mailed hard copies and emailed soft copies of the guidance, and an overview of the proposed 

changes, to the Chief Executive of all 567 federally recognized tribal governments, and posted the 

document to the Federal Register for 90 days. FEMA held 54 meetings around the country to discuss 

the document in-person with tribal governments, including at national tribal conferences. More than 

500 attendees representing over 178 tribal governments participated in the meetings. In addition, 

FEMA’s Regional Tribal Liaisons utilized existing relationships and communication channels to 

encourage feedback by phone, email, mail or participation in webinar or in-person listening sessions. 

FEMA received approximately 800 comments, which it used in combination with the previous 

comments to develop this final document. 

 

1 P.L.113-2, § 1110. 2 81 FR 943.
4

C. Background on the Stafford Act 

Under the National Response Framework and the National Disaster Recovery Framework, affected 

tribal, state, and local governments typically handle response to and recovery from most incidents 

without any federal assistance. However, some incidents are so significant that they are beyond the 

capabilities of the affected governments. The Stafford Act authorizes the President to provide 

assistance to supplement tribal, state, and local resources during situations where those resources have 

been or will be overwhelmed. 

The Stafford Act authorizes the President to make certain programs of assistance available to support 

tribal, state, and local efforts to respond to and recover from an incident, typically after all other 

potential resources have been explored. The President approves the provision of disaster assistance 

by declaring an emergency or major disaster. The Stafford Act also authorizes the President to make 

available fire management assistance, which is available upon a Fire Management Assistance Grant 

(FMAG) declaration by the FEMA Administrator. This guidance does not address FMAG 

declarations. 

The President delegated to the Secretary of the Department of Homeland Security, who in turn 

delegated to the FEMA Administrator, authority to administer Stafford Act assistance and coordinate 

response and recovery activities after the President declares an emergency or major disaster. Through 

this delegation, and in her or his role as the President’s Principal Advisor for Emergency 

Management and her or his authority to assist the President in carrying out the functions under the 

Stafford Act,

3 the Administrator processes declaration requests and also recommends to the President 

whether or not to declare an emergency or major disaster in order to make Stafford Act assistance 

available.

Disaster assistance is also part of the mission of many other federal departments/agencies, including 

the U.S. Department of Agriculture, U.S. Department of Interior, U.S. Department of Health and 

Human Services, the U.S. Environmental Protection Agency, the U.S. Coast Guard, the U.S. Small 

Business Administration, U.S. Department of Transportation, and the U.S. Army Corps of Engineers. 

These federal entities often implement their own disaster response or assistance programs pursuant to 

these agencies’ laws, regulations, and policies, and such assistance may be available regardless of a 

Stafford Act declaration. Unless there are significant unmet needs that other federal assistance cannot 

address, the FEMA Administrator will generally not recommend a declaration when the authority to 

respond to an incident is within the statutory authority of another federal entity. 

D. Impacts of the Amendment to the Stafford Act 

1. Reflect Tribal Governments’ Status as Sovereign Entities 

Pursuant to Sandy Recovery Improvement Act (SRIA), all references in the Stafford Act to “State 

and/or local” also now include “Indian tribal government,”4 as appropriate.5

 Previously, the 

Stafford Act defined tribal governments as “local governments.” The Stafford Act now reflects 

that tribal governments are sovereign and acknowledges the government-to-government 

relationship between the United States and tribal governments. 

 

3 6 U.S.C. §§ 313 and 314.

4 See “Definitions” section for definition of “Indian tribal government.” 

5 FEMA has not promulgated new regulations incorporating the statutory changes prescribed in the SRIA; however, 

we are referring to “Indian tribal government” when our regulations refer to “State and/or local.” 
5

2. Promotes Tribal Self-Determination 

The amendment authorizes tribal governments to determine for themselves how they want to seek 

Stafford Act assistance. The Chief Executive of a tribal government may request a declaration 

specifically for the tribal government or elect to be considered as part of a state’s declaration 

request. The tribal government, however, cannot receive the same type of assistance (i.e., Public 

Assistance (PA), Individual Assistance (IA), and the Hazard Mitigation Grant Program (HMGP)) 

through both tribal and state declarations for the same incident. This is necessary to ensure that 

FEMA does not provide duplicative benefits.6

Although tribal governments have the choice to seek Stafford Assistance on their own, tribal 

governments are not required to request a declaration independently of a state. If a state receives 

a declaration which includes tribal lands, then the tribal government may freely choose to be 

either a sub-recipient or recipient for PA and/or HMGP funding.7

3. Cost Share Adjustments for Tribal Governments 

The amendment authorizes the President to waive or adjust only the non-federal cost share for 

PA, for tribal declarations.

8

 The President does not have the authority to waive or adjust the cost 

share for other Stafford Act disaster assistance programs. Further, the amendment instructs the 

President to establish criteria to evaluate the need for cost share adjustments for tribal 

declarations. The criteria will be established in tribal government declarations regulations.

4. Issue Regulations 

Finally, the amendment instructs the President to issue regulations to carry out the amendment, 

and when issuing the regulations, to consider the unique conditions that affect the general welfare 

of tribal governments.9

 As discussed above, FEMA will issue regulations in phase three of 

implementation.

5. Coordination with and Inclusion of the Whole Community 

Successful preparedness, response, recovery, and mitigation operations require a whole 

community approach. The whole community includes both tribal governments and state/local 

governments, many of whom have existing, long-standing relationships. Whole community also 

6 42 U.S.C. § 5155.

7 Some state laws do not allow tribal governments to serve as subrecipients for federal funding. In addition, under 

existing regulations, a tribal government may decide to be a grantee (recipient) rather than a subgrantee 

(subrecipient) under a State declaration. Note that FEMA regulations currently use the terms “grantee” and 

“subgrantee,” although new grant regulations at 2 C.F.R. part 200, which provides uniform administrative 

requirements that are applicable to all federal awards, now use the terms “recipient” and “subrecipient.” This 

guidance adopts the new terminology. 

8 Cost share adjustment criteria are found in 44 C.F.R. § 206.47. In 2016, FEMA will recommend an increase in the 

Federal cost-share percentage from 75% to not greater than 90% for PA if the per capita amount of eligible 

permanent and emergency work under a Stafford Act declaration exceeds $137. 81 FR 7558, February 12, 2016. If 

warranted by the needs of the disaster, FEMA may recommend up to one hundred percent (100%) federal funding 

for emergency work under section 403 and section 407, including Direct Federal Assistance (DFA), for a limited 

period in the initial days of the disaster irrespective of the per capita impact.

9 P.L.113-2, § 1110(e)(1) and (2).
6

includes people with disabilities, families and older citizens. 44 C.F.R., Part 16 requires FEMA 

to provide access to all programs or activities for people with disabilities which includes physical 

access (e.g., facilities), effective communication access (e.g., written, Braille, audio, televised, 

web-based, alternative formats, etc.), as well as program access.10 The Sandy Recovery 

Improvement Act (SRIA) amendment to the Stafford Act is not intended to alter or reduce the 

importance of the relationships that tribal governments may have with state and local partners. 

From localized disasters to multi-jurisdiction Stafford Act declarations, coordination between all 

levels of government and non-governmental organizations is critical to successful response and 

recovery efforts.

FEMA strives to include people with disabilities and others with access and functional needs in 

all aspects of emergency management. FEMA would like to work with tribal representatives to 

identify courses of action to help afford all tribal members equal access and equal participation in 

all activities or programs during a Stafford Act event.

FEMA has ten regional offices located throughout the United States. FEMA Regions work 

closely with tribal, state, and local leadership, emergency management partners, and regional 

interagency counterparts in the areas they serve to prepare for, protect against, respond to, recover

from and mitigate all hazards. Each FEMA Region is led by a FEMA Regional Administrator. 

The Regional office receives and processes Joint Preliminary Damage Assessments (Joint PDAs) 

and declaration requests and, in the event of a declaration, administers disaster assistance. 

Tribal governments submit requests for Joint PDAs and declaration requests to the FEMA 

Regional office in which the tribal government seat is located, but assistance can be provided 

across FEMA Regions. Tribal governments that want to be considered part of a state’s Joint PDA

or declaration request should work with the Regional Administrator and office in the Region in 

which the requesting state is located.

Below is a list of the ten FEMA Regions, their location, and the states that they serve:

Region Location States11 Served

I Boston, MA CT, MA, ME, NH, RI, VT

II New York, NY NJ, NY, PR, USVI

III Philadelphia, PA DC, DE, MD, PA, VA, WV

IV Atlanta, GA AL, FL, GA, KY, MS, NC, SC, 

TN

V Chicago, IL IL, IN, MI, MN, OH, WI

VI Denton, TX AR, LA, NM, OK, TX

VII Kansas City, MO IA, KS, MO, NE

VIII Denver, CO CO, MT, ND, SD, UT, WY

IX Oakland, CA AZ, CA, HI, NV, GU, AS, 

CNMI, RMI, FSM

X Bothell, WA AK, ID, OR, WA

E. Availability of Technical Assistance 

FEMA encourages tribal governments to coordinate with the appropriate FEMA Regional 

 

10 See 44 C.F.R. Part 16. 11 The Republic of Marshall Islands and the Federated States of Micronesia are independent nations which receive 

Stafford Act assistance through their respective Compacts of Free Association with the United States. 
7

Administrator when they consider whether to request a declaration. Regional Administrators and their 

staff can provide technical assistance and guidance to Chief Executives and tribal governments 

throughout the declaration process. Specifically, the Regions can help the tribal government 

determine whether to request assistance under the Stafford Act independently of a state request and if 

the request for Stafford Act assistance is legally sufficient. In advance of an incident, the FEMA 

Regions can also provide - at no cost - technical assistance in the development of mitigation plans and 

other administrative requirements to receive Stafford Act assistance. This technical assistance may 

include, as appropriate, providing sample and template documents to the tribal governments, 

reviewing tribal government drafts of documents, providing planning assistance, and providing other 

information relating to administrative requirements. 

Available technical assistance also includes FEMA assistance from Regional Disability Integration 

Specialists or other Disability Integration Advisors to help tribal representatives identify and meet the 

access needs of all people with disabilities and other people who have access and functional needs, to 

afford participation in Stafford Act assistance.

Technical assistance from FEMA will be subject to FEMA staff availability and disaster activity at 

the Regional and national levels. Even with FEMA provided technical assistance, it is important to 

recognize that the administrative requiments related to Stafford Act assistance and the development 

and maintenance of mitigation plans can be expensive and time consuming endeavors. 

All documents referenced in this guidance may be obtained via postal mail by contacting FEMA 

Regional Tribal Liaisons.12 Information regarding the Emergency Management Institute’s Tribal 

Curriculum13 and other FEMA training courses may also be obtained by contacting FEMA Regional 

Tribal Liaisons. 

II. Definitions

The following definitions apply for the purposes of this guidance14: 

Access and Functional Needs: Circumstances that are met for providing physical, programmatic, 

and effective communication access to the whole community by accommodating individual 

requirements through universal accessibility and/or specific actions or modifications. (DHS Office of 

Policy, DHS Lexicon, Terms and Definitions 2015 Edition)

Chief Executive: The person who is the Chief, Chair, Chairman, Chairwoman, Governor, President, 

or similar executive official of an Indian tribal government. (42 U.S.C. § 5122(12)) 

Chief Executive’s Authorized Representative: The person empowered by the Chief Executive or 

other officially-designated process under tribal law to execute, on behalf of the Indian tribal 

government, all necessary documents for disaster assistance (Adapted from the definition of 

Governor’s Authorized Representative at 44 C.F.R. § 206.2(a)(13)) 

12 https://www.fema.gov/tribal-contacts 13 https://training.fema.gov/tribal/ 14All definitions in this section are identical to the definitions in the Stafford Act or FEMA’s implementing 

regulations, or are FEMA’s existing interpretation of the Stafford Act or FEMA’s implementing regulations, with 

the exception of the definitions for “enrolled tribal member” and “tribal lands,” which FEMA developed specifically 

for this guidance.
8

Enrolled Tribal Member: A person that the Indian tribal government recognizes as an enrolled 

member of that Indian tribe at the beginning of the incident period. 

Emergency: Any occasion or instance for which, in the determination of the President, federal 

assistance is needed to supplement state, local, and Indian tribal government efforts and capabilities 

to save lives and to protect property and public health and safety, or to lessen or avert the threat of 

catastrophe in any part of the United States. (42 U.S.C. § 5122(1)) 

Federal Coordinating Officer (FCO): The person appointed by the Administrator, or in her or his 

absence, the Deputy Administrator, to coordinate federal assistance in an emergency or major 

disaster. (44 C.F.R. § 206.2(a)(11)) 

FEMA-Tribe Agreement: A formal legal document stating the understandings, commitments, and 

binding conditions for assistance applicable as a result of the major disaster or emergency declared by 

the President. (Adapted from the definition of FEMA-State Agreement at 44 C.F.R. § 206.32(d)) 

Hazard Mitigation: A sustained action taken to reduce or eliminate the long-term risk of future 

damage to human life and property from hazards. (44 C.F.R. § 201.2) 

Hazard Mitigation Grant Program: Supplementary federal assistance provided under the Stafford 

Act to state, Indian tribal, and local governments or certain private, non-private organizations for the 

purpose of hazard mitigation. (44 C.F.R. § 206.430) 

Incident Period: The time interval during which the disaster-causing incident occurs. (44 C.F.R. § 

206.32(f)) 

Individuals with Disabilities: Any person who has a physical or mental impairment that 

substantially limits one or more major life activities, has a record of such an impairment, or is 

regarded as having such an impairment. (44 C.F.R. §16.102) 

Indian Tribal Government or 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)) 

Individual Assistance: Supplementary federal assistance provided under the Stafford Act to 

individuals and families adversely affected by a major disaster or an emergency. (44 C.F.R. § 

206.2(a)(15)) 

Local Government: (1) A county, municipality, city, town, township, local public authority, school 

district, special district, intrastate district, council of governments (regardless of whether the council 

of governments is incorporated as a nonprofit corporation under state law), regional or interstate 

government entity, or agency or instrumentality of a local government; (2) an Indian tribe or 

authorized tribal organization, or Alaska Native village or organization, that is not an Indian tribal 

government, as defined in 42 U.S.C. § 5122(6); and (3) a rural community, unincorporated town or 

village, or other public entity, for which an application for assistance is made by a state or political 

subdivision of a state. (42 U.S.C. § 5122(8)) 

Major Disaster: Any natural catastrophe (including any hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or 

drought), or, regardless of cause, any fire, flood, or explosion, in any part of the United States, which 
9

in the determination of the President causes damage of sufficient severity and magnitude to warrant 

major disaster assistance under the Stafford Act to supplement the efforts and available resources of 

states, Indian tribal, and local governments, and disaster relief organizations in alleviating the 

damage, loss, hardship, or suffering caused thereby. (42 U.S.C. § 5122(2)) 

Pass-through Entity: A non-federal entity that provides a subaward to a subrecipient to carry out 

part of a federal award. (2 C.F.R. §200.74). A recipient is the pass-through entity, responsible for 

any subawards made to subrecipients.”

Public Assistance: Supplementary federal assistance provided under the Stafford Act to state, Indian 

tribal, and local governments or certain private, non-profit organizations other than assistance for the 

direct benefit to individuals and families. (44 C.F.R. § 206.2(a)(20)) 

Recipient: A non-federal entity that receives a federal award directly from a federal awarding 

agency to carry out an activity under a federal program. (2 C.F.R. § 200.86) (In this instance, a 

federally recognized tribal government is a non-federal entity. See 2 C.F.R. § 200.69) 

Stafford Act: The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-

288, as amended. (42 U.S.C. §§ 5121 et seq.) 

State: Any state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, 

Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (42 U.S.C. § 

5122(4)) 

Subrecipient: A non-Federal entity that receives a subaward from a pass-through entity to carry out 

part of a Federal program; but does not include an individual that is a beneficiary of such program. A 

subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. 

(2 C.F.R. § 200.93) 

Tribal Coordinating Officer: The person appointed by the Chief Executive to act in cooperation 

with the Federal Coordinating Officer to administer disaster recovery efforts. (Adapted from the 

definition of State Coordinating Officer at 44 C.F.R. § 206.2(a)(23)) 

Tribal Lands: Reservations, lands held in trust by the United States government for the tribal 

government (trust land) and for individual Indians (allotted land), as well as land owned by the tribal 

government (fee simple land).15

III. Stafford Act Presidential Declarations and

Available Assistance

A. Types of Stafford Act Presidential Declarations 

The Stafford Act authorizes the President to make certain federal assistance available to support 

tribal, state and local government efforts to respond to and recover from an incident that overwhelms 

their capabilities. If the President determines that federal assistance under the Stafford Act is needed 

to supplement tribal and/or state and local government resources, then he or she may declare an 

emergency or a major disaster.

15 Fee simple land does not need to be in the process of transitioning to trust in order to be considered tribal land.
10

Once a tribal government receives a declaration, the tribal government becomes the recipient for the 

administration of assistance of any assistance authorized by the President which may include Public 

Assistance (PA), Individual Assistance (IA), and the Hazard Mitigation Grant Program (HMGP). As 

such, the tribal government assumes all responsibilities of the recipient (see, e.g., 44 C.F.R. § 

206.201(e)), which are in current regulation and further interpreted in this guidance.

1. Emergency

The Chief Executive of a tribal government may submit a request for a declaration by the 

President that an emergency exists or an emergency could occur.16 An “emergency” is any 

occasion or instance for which, in the determination of the President, federal assistance is needed 

to supplement tribal, state, and local efforts and capabilities to save lives and to protect property 

and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the 

United States.17

An emergency declaration is intended to provide immediate and short-term assistance essential to 

save lives, protect public health, safety, and property, or to lessen or avert the threat of a 

catastrophe.18 Therefore, emergency declarations do not authorize long term mitigation 

assistance (HMGP) or permanent restoration of infrastructure (PA) that may be included in a 

major disaster declaration. Moreover, IA will not typically be made available under an 

emergency declaration. Generally, funding and/or direct federal assistance will be provided to 

meet specific unmet emergency needs or to help prevent a major disaster from occurring. The 

process for submitting a request for an emergency declaration is described in detail below. 

2. Major Disaster 

The Chief Executive of a tribal government may submit a request to the President to declare a 

major disaster.19 A “major disaster” is any natural catastrophe20, or regardless of cause, any fire, 

flood, or explosion, in any part of the United States, which in the determination of the President 

causes damage of sufficient severity and magnitude to warrant major disaster assistance under the 

Stafford Act to supplement the efforts and available resources of tribal, state, and/or local 

governments, and disaster relief organizations in alleviating the damage, loss, hardship, or 

suffering caused thereby.21

The types of assistance that may be available to a tribal government as the result of a major 

disaster declaration include IA, PA, HMGP, or a combination of these programs (see next 

section). The types of assistance authorized by the major disaster declaration will depend on the 

impacts of the incident and the resulting unmet needs.

The process for submitting a request for a major disaster declaration is discussed in section VI. 

More information on the IA, PA, and HMGP programs is also included in section VII. 

 

16 Stafford Act § 501; 42 U.S.C. § 5191. 17 Stafford Act §§ 102 and 103; 42 U.S.C. §§ 5122 and 5123. 18 Stafford Act § 502; 42 U.S.C. § 5192.

19 Stafford Act § 401; 42 U.S.C. § 5170. 20 Including any hurricane, tornado, storm, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic 

eruption, landslide, mudslide, snowstorm, or drought.

21 Stafford Act §§ 102(2) and 103, 42 U.S.C. §§ 5122(2) and 5123.
11

Events that have primarily economic impacts or that primarily impact crops or livestock may not 

be appropriate for a Stafford Act declaration. As discussed in the section below, the Stafford Act 

authorizes assistance to repair public facilities and/or support individual disaster survivors in the 

repair of their homes. The Stafford Act does not authorize FEMA to provide assistance that 

would address economic impacts or damage to crops or livestock. Other federal agencies, such as 

the U.S. Small Business Administration or U.S. Department of Agriculture, may have programs 

to address such events. 

B. Types of Stafford Act Assistance 

1. Public Assistance 

The Public Assistance (PA) program provides funding, typically through reimbursement, for 

emergency work and/or permanent work, including the repair, replacement, or restoration of 

disaster-damaged, government-owned/operated facilities and the facilities of certain private 

nonprofit organizations. PA eligibility is based on work and damage which occurred as a direct 

result of the declared incident.22 

Emergency work and permanent work are further divided into the seven categories shown below:

Emergency Work 

Category A: Debris Removal

Category B: Emergency Protective Measures

Permanent Work 

Category C: Roads and Bridges

Category D: Water Control Facilities

Category E: Buildings and Equipment

Category F: Utilities 

Category G: Parks, Recreational Facilities, and Other Items

All categories of work generally have a 75% federal-25% non-federal cost share. The Stafford 

Act gives the President authority to adjust or waive the cost share for all categories of PA work. 

Generally, the federal share will not be increased to more than 90% (see ‘Cost Share 

Adjustments’ in section VII). 

For more information, see the FEMA Public Assistance Program and Policy Guide (PAPPG).23

The PAPPG incorporates all PA policy in a single volume and provides an overview of the PA 

program implementation process. 

Public Assistance in Emergency Declarations vs. Major Disaster Declarations 

Under emergency declarations, the President may authorize one or both categories of emergency 

work (Category A & B); permanent work assistance (Categories C-G) are not available under an 

emergency declaration.

 

22 Deferred maintenance and damage from other events are not eligible for assistance.

23 https://www.fema.gov/media-library/assets/documents/111781
12

Under major disaster declarations, the President may authorize some or all of the categories of 

emergency work or permanent work, or both. 

Direct Federal Assistance

PA typically provides reimbursement for the costs associated with eligible work; however, if the 

tribal government is unable to perform the work itself, or contract for the work, the Stafford Act 

provides the federal government with the authority to provide direct assistance, also known as 

Direct Federal Assistance (DFA). Upon request from the tribal government, FEMA may direct 

other federal agencies to carry out eligible emergency work that the tribal government cannot 

perform24. When FEMA directs other federal agencies to carry out work, it does so through 

Mission Assignments. Work that may be performed through DFA includes, but is not limited to, 

debris removal, search and rescue, and provision of temporary medical facilities. It is important 

to note that DFA is subject to the same non-federal cost share requirement as other PA-eligible 

emergency work. Once a DFA mission is complete, the tribal government will be billed for the 

non-federal share of the total cost of that mission.

For more information on DFA and Mission Assignments see FEMA’s regulations at 44 C.F.R. 

§206.208 and FEMA’s Mission Assignment Policy.25

State Declarations – Tribal Recipient vs. Subrecipient for Public Assistance

In a state declaration, the procedures remain the same as prior to the enactment of the Sandy 

Recovery Improvement Act (SRIA). The state generally receives the PA funding from FEMA 

and serves as the “recipient.” The recipient’s responsibilities include but are not limited to: 

(1) Distributing funds to subrecipients, 

(2) Monitoring and tracking funds, and 

(3) Ensuring compliance with all grant requirements.26

However, tribal governments that elect to seek PA through a state declaration can choose to 

receive assistance either as a subrecipient or a recipient. As a subrecipient, the tribal government 

will coordinate with the state to apply for assistance and receive reimbursement.27

Consistent with existing regulations, even if the tribal government seeks PA through the state, 

tribal governments can still choose to serve as a recipient for PA28 and the Hazard Mitigation 

Grant Program29 – just as they could prior to the enactment of the SRIA. If a tribal government 

elects to serve as recipient, then it will work directly with FEMA, largely without state 

involvement. As a recipient, a tribal government will be required to sign a FEMA-Tribe 

Agreement and will be subject to all of the responsibilities of a recipient. These responsibilities 

include all financial and grants management requirements; ensuring compliance with the Stafford 

Act, FEMA’s regulations, and all other applicable laws; monitoring any subrecipients; meeting 

the non-federal cost share requirement; and have an approved Tribal Mitigation Plan. As a 

24 See 44 C.F.R. § 206.208, which describes the process for requesting DFA. 25 https://www.fema.gov/media-library/assets/documents/112564 26 See the FEMA-State Agreement and 2 C.F.R. part 200. 27 See the FEMA-Tribe Agreement and 2 C.F.R. part 200. 28 See 44 C.F.R. § 206.201(e). 

29 See 44 C.F.R. § 201.7. 
13

recipient, a tribal government is accountable for the statutory and regulatory requirements for all 

funds dispersed to or through the tribal government for that program. For more information, see

section IX, ‘Declaration Decision Support.’ 

A tribal government recipient must have a FEMA-approved Tribal Mitigation Plan in order to 

receive PA Categories C-G. A mitigation plan is not required for a tribal government recipient to 

receive PA Category A or B. As a sub-recipient under a state declaration, the tribal government 

may be eligible to receive all categories of PA without a Tribal Mitigation Plan. See the table 

‘Mitigation Plan Requirements for FEMA Grants.’

2. Individual Assistance 

IA is supplemental assistance provided to individuals and households adversely affected by a 

major disaster.30 The President may authorize all or some of the following IA programs. 

Individuals and Households Program

The Individuals and Households Program (IHP) provides financial or direct assistance to those 

disaster survivors whose primary residence has been impacted by the disaster and who have 

necessary expenses and serious needs not met through other means, such as insurance or Small 

Business Administration loans. The Stafford Act established a maximum amount of IHP

financial assistance that may be made available to disaster survivors; the maximum amount is 

adjusted annually to reflect changes in the Consumer Price Index for All Urban Consumers 

published by the U.S. Department of Labor.31

After the President authorizes the IHP, disaster survivors must apply for the program before they 

can receive assistance. If a tribal government and a state have been granted IA declarations for 

the same incident, then disaster survivors must choose whether to apply for the IHP under either

the tribal or the state declaration – but not both. Disaster survivors may not receive assistance 

through multiple declarations for the same incident.

If the President authorizes the IHP, then the following forms of assistance may be made available:

Housing Assistance 

Examples include:

• Financial assistance to homeowners to repair or replace their disaster‐damaged primary 

residence.

• Temporary Housing, in the form of financial assistance to rent an accessible temporary 

place to live, or direct assistance by providing a temporary accessible housing unit when 

rental properties are not available and applicants are unable to use their financial 

assistance. 

• Permanent Housing Construction in the form of financial or direct assistance to construct 

permanent or semi–permanent accessible housing in insular areas outside the continental 

United States and in other locations where no alternative housing resources are available 

 

30 Pursuant to the Stafford Act, the IHP is the only IA program that the President may authorize for an emergency 

declaration. Disaster Unemployment Assistance, Disaster Legal Services, the Crisis Counseling Program (CCP), and 

the Disaster Case Management Program (DCM) are available for major disasters only. 31 Stafford Act § 408(h)(1), 42 U.S.C. § 5174(h)(1)
14

and traditional temporary housing assistance is unavailable, infeasible, or not costeffective.

There is no requirement for a non-federal cost share for the Housing Assistance program.

Other Needs Assistance

Examples include: 

• Financial assistance to disaster survivors for disaster‐related medical, dental, child care, 

disability and funeral expenses.

• Financial assistance to disaster survivors for disaster-related loss of or damage to durable 

medical equipment and assistive devices or equipment. 

• Financial assistance to address personal property, transportation, and other necessary 

expenses or serious needs.

Financial assistance provided through Other Needs Assistance (ONA) has a 75% federal-25% 

non-federal cost share as mandated by the Stafford Act, which the President cannot waive or 

adjust. The non-federal cost share is paid by the tribal government, not the individuals who 

receive ONA.

Disaster Unemployment Assistance

Disaster Unemployment Assistance, administered by state workforce agencies on behalf of the 

Department of Labor, provides unemployment benefits and re-employment services to 

individuals who have lost work or become unemployed as a result of a major disaster and who are 

not eligible for regular state unemployment insurance. Disaster Unemployment Assistance does 

not have a non-federal cost share.

Disaster Legal Services

Disaster Legal Services provides legal assistance to low-income individuals who, prior to or as a 

result of a major disaster, are unable to secure legal services adequate to meet their disasterrelated needs, such as: 

• Assistance with insurance claim for loss of life; 

• Drawing up new wills and other legal papers lost in the disaster;

• Assistance with insurance claims for doctor and hospital bills and loss of property, etc.; 

• Advice on problems with landlords; and 

• Assistance with home repair contracts and contractors.

FEMA provides Disaster Legal Services through an agreement with the Young Lawyers Division 

of the American Bar Association, which administers Disaster Legal Services. Disaster Legal 

Services does not have a non-federal cost share.

Crisis Counseling Program

The Crisis Counseling Assistance and Training Program (Crisis Counseling Program or CCP) is a 

federally funded supplemental program administrated by FEMA. Section 416 of the Stafford Act

authorizes FEMA to fund mental health assistance and training activities in areas that have been 

declared a major disaster by the President. The Center for Mental Health Services (CMHS), 
15

within the Substance Abuse and Mental Health Services Administration (SAMHSA), works with 

FEMA through an interagency agreement to provide technical assistance, consultation, grant 

administration, program oversight, and training for state mental health authorities, U.S. territories, 

and designated tribal authorities. With respect to FEMA assistance, tribal governments must 

comply with 2 C.F.R part 200 and CFR §206.171. 

Supplemental funding for crisis counseling is available to designated tribal authorities through 

two grant mechanisms: (1) the Immediate Services Program (ISP) which provides funds for up to 

60 days of services immediately following a disaster declaration; and (2) the Regular Services 

Program (RSP) which provides for up to nine months of services following a Presidential disaster 

declaration. The ISP application is due to FEMA within 14 days following a Presidential 

declaration while the RSP application is due 60 days from the date of declaration. SAMSHA and 

FEMA will provide technical support to the tribal government through-out the life cycle of the 

grant period of performance. 

Key Principles for the Crisis Counseling model include: 

• Strength Based – CCP services promote resilience, empowerment, and recovery.

• Anonymous – Crisis counselors do not classify, label or diagnose people; no records or case 

files are kept. 

• Outreach Oriented – Crisis counselors are recruited mostly from the communities impacted 

and trained to deliver services in the communities rather than wait for survivors to seek their 

assistance. 

• Culturally Sensitive – The CCP model embraces cultural and spiritual diversity as reflective 

in culturally relevant outreach activities that represent the communities served. 

• Conducted in Nontraditional Settings – Crisis counselors make contact in homes and 

communities, not in clinical or office settings.

• Designed to Strengthen Existing Community Support Systems – The CCP supplements, but 

does not supplant or replace existing community systems. 

The CCP encourages linkages with other individuals and agencies that may help survivors in their 

recovery process. CCP funding is dependent upon the tribal government submitting a grant 

application that is approved by FEMA. The CCP does not have a non-federal cost share.

Disaster Case Management Program

The Disaster Case Management (DCM) program, in partnership with the affected tribal 

government, enables a whole community approach through funding support to voluntary, faithbased, and nonprofit organizations. The program provides funding and technical assistance, 

when requested and approved, to ensure holistic services to disaster survivors. The DCM

program is a Stafford Act funded program promoting: 

• Effective delivery of post-disaster case management services; 

• Partner integration; 

• Provider capacity building; and 

• Tribal-level program development. 
16

Immediate Disaster Case Management Services

Immediate DCM (IDCM) services include technical assistance, outreach, initial triage, and DCM 

casework. There are various implementation alternatives that are determined by the results of the 

DCM assessment and concurrence from FEMA Headquarters. 

Disaster Case Management Program Grant

The Disaster Case Management Program (DCMP) Grant is federal funding made available to the 

state, U.S territory and tribal government to implement a DCMP by utilizing case management

providers to supply services to survivors with long-term disaster-caused unmet needs. Pursuant 

to program guidance the DCMP Grant application must be submitted within 90 days from the 

date of an IA declaration. A long-term DCMP’s period of performance shall not exceed 24 

months from the date of declaration.

32

Disaster case management is a time-limited process that involves a partnership between a disaster 

case manager and a survivor to develop and carry out a Disaster Recovery Plan. This partnership 

provides the survivor with a single point of contact to facilitate access to a broad range of 

resources. The process involves an assessment of the survivor’s verified disaster-caused unmet 

needs, including needs based on pre-existing disabilities, supports and services, development of a 

goal-oriented plan that outlines the steps necessary to achieve recovery, organization and 

coordination of information on available resources that match the disaster-caused need, and the 

monitoring of progress toward reaching the recovery plan goals, and when necessary, client 

advocacy. DCM funding is dependent upon the tribal government submitting a grant application 

that is approved by FEMA. The DCMP does not have a non-federal cost share.

3. Hazard Mitigation Grant Program 

The Hazard Mitigation Grant Program (HMGP) provides tribal, state, and local governments 

assistance to implement hazard mitigation measures to reduce the risk of loss of life and property 

from future disasters during the reconstruction process following a disaster. The President may 

authorize the HMGP under a major disaster declaration. The HMGP is not available under an 

emergency declaration.

The amount of HMGP funding available to the tribal government is based upon the estimated 

total of other Stafford Act assistance for the declared disaster, subject to the sliding scale formula 

outlined in 44 C.F.R. § 206.432(b). It is also based on the type of Tribal Mitigation Plan 

submitted and approved. For a Standard Tribal Mitigation Plan, the allocation is 15% of the 

estimated aggregate amount of PA and IA. Additionally, only areas listed in the FEMA-approved 

Tribal Mitigation Plan will be eligible for projects.

A FEMA-approved Enhanced Tribal Mitigation Plan will allow for increased mitigation funding. 

Tribal governments interested in the increased HMGP funding of up to 20% of the aggregate 

amounts of disaster assistance must have a FEMA approved Enhanced Tribal Mitigation Plan 

meeting the requirements in 44 C.F.R. § 201.5 at the time of declaration. See the Fiscal Year 

2015 Hazard Mitigation Assistance Guidance for additional information on HMGP eligibility.33

For more information on mitigation planning requirements, see the Tribal Multi-Hazard 

 

32 http://www.fema.gov/media-library-data/20130726-1908-25045-2403/dcm_pg_final_3_8_13.pdf 33 https://www.fema.gov/media-library/assets/documents/103279 
17

Mitigation Planning Guidance.34 For more information on the enhanced mitigation planning 

requirements, see the State Mitigation Plan Review Guide.

35

The President is authorized to contribute up to 75% of the cost of hazard mitigation measures 

which the President has determined are cost-effective and which substantially reduce the risk of 

future damage, hardship, loss, or suffering in any area affected by a major disaster. The President 

does not have the authority to waive or reduce the non-federal cost share for the HMGP. 

As in the PA program, if a tribal government seeks and receives the HMGP through a state 

declaration, then the tribal government may do so as a subrecipient or a recipient. Again, if a 

tribal government elects to be a recipient, then it must sign a FEMA-Tribe Agreement and must 

accept all responsibilities of a recipient. 

A HMGP Administrative Plan is a procedural guide that details how the Recipient will administer 

its HMGP. Recipients must have a current HMGP Administrative Plan approved by FEMA 

before receiving HMGP funds. 

In addition, a tribal government participating as a subrecipient under a state declaration may be 

eligible to receive HMGP funds for planning grants without a Tribal Mitigation Plan. The tribal 

government must have an approved Tribal Mitigation Plan in order to receive HMGP project 

grants. However, in extraordinary circumstances an exception to the mitigation plan requirement 

for HMGP project grants may be approved. For more information, refer to the Hazard Mitigation 

Assistance Guidance.36

4. Fire Management Assistance Grants 

The Stafford Act authorizes the President to provide assistance, including grants, equipment, 

supplies, and personnel, to any state, tribal, or local government for the mitigation, management, 

and control of any fire on public or private forest land or grassland that threatens such destruction 

as would constitute a major disaster.37 This assistance is known as Fire Management Assistance 

Grant (FMAG) program. 

Unlike emergency and major disaster declarations, which are made by the President, FMAG

declarations are issued by FEMA. The Governor of a state or the Governor’s Authorized 

Representative first submits a request for a FMAG declaration to the FEMA Regional 

Administrator while the fire is burning uncontrolled and is threatening such destruction that 

would constitute a major disaster.

During the pilot period, there will be no changes to the process for requesting FMAGs. FEMA 

will, however, evaluate the FMAG program and fire management needs unmet by other federal 

agency programs to determine if any changes are needed to the FMAG program.

Fire suppression assistance is available to tribal governments through the National Interagency 

Fire Center (NIFC). The Bureau of Indian Affairs (BIA), Bureau of Land Management (BLM), 

USDA Forest Service, Fish and Wildlife Service, (FWS), and National Park Service (NPS) are 

the Federal government agenies primarily responsible for coordination with tribal governments in 

 

34 https://www.fema.gov/media-library/assets/documents/18355 35 https://www.fema.gov/media-library/assets/documents/101659# 36https://www.fema.gov/media-library/assets/documents/103279 37 Stafford Act § 420, 42 U.S.C. § 5187. 
18

wildfire suppression activities. Tribal governments should coordinate with the appropriate state 

Governors in the event the tribal government is impacted by a fire and has fire management needs 

not met by the tribal government or other federal agencies. For more information on fire 

suppression resources please see: 

https://www.nifc.gov/policies/policies_documents/GIFWFMP.pdf

IV. Who/What Is Eligible for Assistance in a 

Tribal Declaration?

A. Public Assistance 

For tribal major disaster38 declarations that authorize Public Assistance (PA), eligibility include:

• Damage to facilities owned by the tribal government (Categories C-G); 

• Damage to facilities that the tribal government has legal responsibility to repair (Categories 

C-G); 

• Debris removal activities that the tribal government has legal responsibility to perform 

(Category A); 

• Emergency protective measure activities (e.g., sheltering, feeding, search and rescue,

evacuations) performed by the tribal government (Category B); 

o This includes emergency assistance provided to individuals affected by the event - 

both enrolled members and individuals who are not enrolled members. 

• Private Nonprofit organizations organized or doing business under tribal law.

39

Damage to state and local government-owned or government-operated facilities are not eligible under 

tribal declarations.40

Generally eligibility for the Individual Assistance (IA) program is limited to enrolled tribal members 

(meaning, at lea

B. Individual Assistance 

st one enrolled member of the tribal government must reside in the home). At the 

request of the tribal government, FEMA may expand eligibility for an event to non-enrolled 

individuals who are members of the tribal community, such as adopted children, widows and 

widowers, and descendants. Tribes are encouraged to identify these categories of individuals and 

plan for the provision of assistance to them prior to the onset of an event. During Joint Preliminary 

Damage Assessments (Joint PDAs), affected individuals and households should be identified by these 

categories in order to aid the tribe and FEMA in planning and decision making. Once the tribal 

government has verified to FEMA that an applicant is an enrolled member or member of the tribal 

community, absent extraordinary circumstances such as fraud, waste or abuse, FEMA will not change 

that determination.

The tribal government must specify in its request for IA the categories of individuals to be considered 

for eligibility, and must assist FEMA in confirming that the IA applicants belong to those categories. 

 

38 PA Categories C-G are not available under emergency declarations. 

39 See 44 C.F.R. § 206.3(19) for the definition of a private nonprofit organization. Note that the tribal government 

may provide the evidence required by 44 C.F.R. § 206.3(19). 40 There is an exception when there is a lease or another form of agreement through which the tribal government is 

legally responsible for repairing the disaster damage. 
19

The tribal government will be responsible for the 25% non-federal share of Other Needs Assistance

(ONA) provided to any eligible individual for the declaration. 

The other general eligibility requirements for the Individuals and Households Program (IHP) also 

apply, as follows: 

• Damage must be caused by the incident stated in the declaration; 

• A member of the household must be a United States citizen, a non‐citizen national, or a qualified 

alien;

• The damaged home is where the applicant lives the majority of the year (i.e. their primary 

residence); 

• The damaged home is inaccessible or not habitable due to the disaster;

• The disaster survivor has necessary expenses or serious needs as a result of the disaster that are 

not covered by insurance or any other source; and

• Disaster losses are in an area impacted by the disaster.

An individual or household may not apply for or receive assistance through both a state and tribal 

declaration for the same event. If an individual or household applies for assistance under the tribe’s 

declaration, they will be ineligible for assistance through the state’s declaration, and vice versa. 

C. Hazard Mitigation Grant Program 

The tribal government that requests and receives a major disaster declaration will be the recipient for 

the Hazard Mitigation Grant Program (HMGP). In addition to the tribal government, Private 

Nonprofit organizations that provide an essential government service, as defined in 44 C.F.R. 

206.221(3) and that are doing business under tribal law may apply for the HMGP through the tribal 

government. For more information on HGMP eligibility see: https://www.fema.gov/hazardmitigation-grant-program. 

V. Requirements for Disaster Assistance

Tribal governments need to develop certain plans in order for FEMA to distribute assistance

authorized in emergency or major disaster declarations. These plans are required prerequisites to 

certain types of FEMA funding. To prevent potential delays in the provision of assistance, FEMA 

encourages tribal governments to develop these plans in advance of a disaster. FEMA Regional staff 

is available to provide technical assistance to a tribal government to develop these plans.

A. Tribal Mitigation Plan 

In the event of a declared disaster, a tribal government must have a FEMA-approved Tribal 

Mitigation Plan that meets the requirements in 44 C.F.R. § 201.7 to receive disaster funding for the 

Hazard Mitigation Grant Program (HMGP) and Public Assistance (PA) Categories C-G, if serving as 

an recipient.

41 See the chart below and the Tribal Multi-Hazard Mitigation Planning Guidance for 

additional information on the planning requirement.42

 

41 Creation of a tribal hazard mitigation plan may be costly and time consuming. FEMA makes limited funds 

available under the HMGP and the PDM Program for the development and updating of Tribal Mitigation Plans. In 

addition, FEMA Regions provides some technical assistance for the development of tribal mitigation plans. 42 http://www.fema.gov/media-library/assets/documents/18355?id=4135
20

Mitigation Plan Requirements for FEMA Grants:

FEMA Assistance Program

Is a Mitigation Plan Required?

Tribal Recipient

through FEMA

Tribal 

Subrecipient

through State

Individual Assistance (IA) No No

Public Assistance (PA) Categories A and B (e.g., debris 

removal, emergency protective measures) No No

Public Assistance (PA) Categories C through G (e.g., 

repairs to damaged infrastructure, publically owned 

buildings)

Yes No

Fire Management Assistance Grants (FMAG) Yes No

Hazard Mitigation Grant Program (HMGP) planning 

grant Yes No

Hazard Mitigation Grant Program (HMGP) project grant Yes Yes

Pre-Disaster Mitigation (PDM) planning grant No No

Pre-Disaster Mitigation (PDM) project grant Yes Yes

Flood Mitigation Assistance (FMA) planning grant Yes No

Flood Mitigation Assistance (FMA) project grant Yes Yes

Typically a mitigation plan that meets requirements and incorporates recommended practices takes 

significant time to develop. Therefore, tribal governments should include the development and 

maintenance of a Tribal Mitigation Plan as an essential part of a tribal government’s pre-disaster 

preparations. If requested, the Regional office may provide technical assistance in the development of 

the mitigation plan prior to a disaster declaration. 

If a tribal government still does not have an approved plan at the time of the tribal declaration, the 

President may authorize assistance under the HMGP and PA Categories C-G in the declaration. 

However, FEMA will not obligate funds for PA Categories C-G and the HMGP, including planning 

grant funds, until the tribal government has a FEMA-approved Tribal Mitigation Plan.

A tribal government has 30 days after the declaration to submit an approved plan. An “approved 

plan” is a Tribal Mitigation Plan that a tribal government has adopted and FEMA has reviewed and 

approved. If a tribal government is unable to submit an approved plan within 30 days of the 

declaration, then it may request an extension of up to 90 additional days. If an extension is needed, 

then the tribal government must submit a written request for a time extension to the FEMA Regional 

Administrator and addressed to the Associate Administrator, Office of Response and Recovery. The 

extension should be requested before the initial 30-day period expires. 

During this period of up to 120 days, a tribal government may work with FEMA to develop PA 

project worksheets or applications for the HMGP. However, if no Tribal Mitigation Plan is submitted, 

adopted, and approved within this timeframe, then FEMA will stop work on any PA Category C-G 
21

project worksheets and HMGP applications that were under development. In this case, the HMGP and 

PA Categories C-G funding will not be made available to a tribal government for the disaster, and 

FEMA will not reimburse a tribal government for costs associated with the development of PA

project worksheets or applications for HMGP funding.43

Tribal governments interested in the increased HMGP funding of up to 20% of the aggregate amounts 

of disaster assistance must have a FEMA approved Tribal Mitigation Plan meeting the requirements 

for Enhanced State Mitigation Plans in 44 C.F.R. § 201.5 at the time of declaration.44 See the State 

Mitigation Plan Review Guide for information on enhanced mitigation plan requirements. 

B. Public Assistance Administrative Plan45

Tribal governments must develop a disaster-specific PA Administrative Plan after the President 

declares an emergency or major disaster authorizing PA for the tribal government. The plan must:

• Designate the tribal agency which will act as the recipient;

• Describe the staffing plan, including management and oversight responsibilities;

• Detail procedures for processing project appeal requests and requests for time extensions; and

• Describe procedures to comply with the administrative requirements of 44 C.F.R. §

206.207(b) and 2 C.F.R. part 200.

While a PA Administrative Plan is not required for a tribal government to receive a declaration, 

FEMA cannot obligate PA funding to a tribal government until this disaster-specific plan is signed by 

the Chief Executive or Chief Executive’s Authorized Representative and approved by FEMA. 

A tribal government that has received its own declaration, authorizing PA, must submit an updated 

administrative plan to the FEMA Regional office every year. The annual submission ensures the 

tribal government has an updated plan on file should the tribal government receive another 

Presidential declaration authorizing PA.

46 The tribal government will submit a disaster-specific 

administrative plan for each new tribal declaration. The tribal government may request technical 

assistance from the Regional office to develop this plan, both before and after a declaration.

C. Hazard Mitigation Grant Program Administrative Plan 

The Hazard Mitigation Grant Program (HMGP) Administrative Plan is a procedural guide that details 

how the Recipient will administer its HMGP. Recipients must have a current HMGP Administrative

43 A tribal government is not eligible to receive the same type of assistance (i.e., PA, IA, and HMGP) through both 

tribal and state declarations for the same incident. Therefore, if a tribal government receives a declaration 

authorizing PA and the HMGP, but does not develop a Tribal Mitigation Plan and FEMA stops work on PA project 

worksheets and HMGP applications, it will not be able to apply for PA or the HMGP through the state’s declaration 

request. A tribal government may seek different types of assistance through tribal and state declarations, so a tribal 

government may seek PA and HMGP through the State, while seeking IA independently. 

44 Requirements for Standard State Mitigation Plans found at 44 C.F.R. § 201.4 are only applicable to States, as 

defined at 44 C.F.R. § 201.2, Definitions, including the District of Columbia and the U.S. Territories. 45 If tribal governments elect to be recipients under a state declaration, the tribal government must also submit a PA

Administrative Plan to FEMA in order to receive PA. PA Administrative Plan Template: 

http://www.fema.gov/media-library-data/20130726-1907-25045-

2650/state_public_assistance_administrative_plan_template_2013.pdf

46 Tribal governments that serve as PA recipients under state declarations are encouraged to submit a PA 

Administrative Plan annually.
22

Plan approved by FEMA before receiving HMGP funds. The HMGP Administrative Plan may 

become an annex or chapter of the tribal government’s overall emergency response and operations 

plan or comprehensive mitigation program strategy.

At a minimum, the HMGP Administrative Plan must:

• Designate the tribal agency that will act as recipient;

• Identify the Tribal Hazard Mitigation Officer;

• Identify staffing requirements and resources, including a procedure for expanding staff 

temporarily following a disaster, if necessary;

• Establish procedures to guide implementation activities, including Recipient management 

costs and distribution of subrecipient management costs; and

• Describe procedures to comply with the administrative requirements of 44 C.F.R. § 

206.437 and 2 C.F.R. part 200.

The tribal government may request technical assistance from the Regional office to develop this plan, 

both before and after a declaration.

D. Other Needs Assistance Administrative Option Selection 

In order to provide Other Needs Assistance (ONA) to eligible disaster survivors, the tribal 

government first needs to determine who (i.e., FEMA, tribal government, or joint) is going to 

administer the program and be responsible for each functional element listed in the ONA

Administrative Option Selection form. 47 To choose an administrator of ONA, the Chief Executive or 

designee must execute the Administrative Option Selection by completing FEMA Form 010-0-11 – 

Individuals and Households Program (IHP) - ONA Administrative Option Selection.

48 Upon 

completion, the form should be submitted to the FEMA Regional office for review and approval by 

the Regional Administrator. ONA cannot be administered to disaster survivors without this signed 

form. FEMA strongly encourages tribal governments to contact the appropriate FEMA Regional 

office to discuss the differences between and responsibilities of each option. 

1. FEMA Option 

Under this option, FEMA will be the administrator of ONA. The tribal government shall 

coordinate ONA activities with FEMA. FEMA is responsible for implementing all functional 

elements. Under this option, FEMA will bill the tribal government for their portion of the costshare.

2. Joint Option 

Under this option, the tribal government will be the administrator of ONA. FEMA shall 

participate in providing ONA with the tribal government. Both FEMA and the tribal government 

have specific functional elements they are responsible for implementing.

 

47 See FEMA Form 010-0-11 – IHP - ONA Administrative Option Selection for more information on the ten 

functional elements for implementation of ONA.

48 http://www.fema.gov/media-library-data/1457625066475-

b9643e3708053a37a2f0495c15176286/508_Compliance_ONA_Administrative_Option_Selection_Form_(FF_010-

0-11).pdf 
23

Additionally, under the Joint Option, the tribal government must also submit a Tribal 

Administrative Plan. The Tribal Administrative Plan must describe the procedures the tribal 

government will use to implement the specific functional elements for which it is responsible in 

accordance with 44 C.F.R. § 206.120. Specifically, the Tribal Administrative Plan must describe 

the procedures the tribal government will use to deliver ONA (44 C.F.R. § 206.120(d)). The 

submission of the Tribal Administrative Plan is not optional; it is a requirement of receiving a 

grant to administer ONA. The plan must be submitted to the FEMA Regional Administrator for 

review and approval.

3. Tribe Option 

Under this option, the tribal government will be the administrator of ONA. The tribal 

government will be responsible for implementing all functional elements and must also submit a 

Tribal Administrative Plan describing the procedures the tribal government will use to deliver 

ONA in accordance with 44 C.F.R. § 206.120(d). The submission of the Tribal Administrative 

Plan is not optional; it is a requirement of receiving a grant to administer ONA. The plan must be 

submitted to the FEMA Regional Administrator for review and approval. 

Tribal governments that choose the Joint or Tribe Option must submit an updated Tribal 

Administrative Plan every three years.

Annual Submission of the Form49

FEMA requires tribal governments to submit an updated ONA Administrative Option Selection form 

by November 30 of each year, if the tribal government anticipates that it may directly request a 

Presidential declaration. This annual submission ensures FEMA has an updated form on file in order 

to expeditiously deliver ONA to disaster survivors should the President authorize the IHP. The form 

should be submitted to the FEMA Regional Administrator. Tribal governments that do not anticipate 

that they may request a Presidential declaration do not need to submit the form.

Disaster-Specific Adjustments to the Form50

After the President authorizes Individual Assistance (IA) in a tribal declaration, a tribal government 

may determine it wants to make adjustments to the ONA Administrative Option Selection form.51 A 

tribal government has 72 hours after IA is authorized to make these changes. The changes must be 

submitted on a revised/updated ONA Administrative Option Selection form and provided to the 

FEMA Regional Office.

E. Federal Grants Management Compliance 

With respect to FEMA assistance, tribal governments must comply with 2 C.F.R. part 200 – Uniform 

Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. These 

regulations describe financial administration requirements for FEMA grants, as well as auditing and 

 

49 See FEMA Form 010-0-11 – IHP - ONA Administrative Option Selection for more information on the ten 

functional elements for implementation of ONA. 50 See FEMA Form 010-0-11 –IHP - ONA Administrative Option Selection for more information on the ten 

functional elements for implementation of ONA. 51 The ONA Administrative Option Section form and Tribal Administrative Plan may also be changed during nondisaster periods.
24

reporting requirements, among others. Failure to comply with grants management requirements may 

result in loss of funding. 

FEMA Regional Administrators and their staff can provide technical assistance and guidance to Chief 

Executives and tribal governments throughout the declaration process. In advance of an incident, the 

FEMA Regions can also provide - at no cost - technical assistance in the development of Tribal

Mitigation Plans and other administrative requirements to receive Stafford Act assistance.

Tribal governments should be aware that, even with FEMA technical assistance, complying with 

these requirements is a significant administrative burden. While FEMA does provide funding for 

management costs, such funding is provided at set percentage rates which may not cover the full cost 

of the administrative work required.52 

VI. Process to Request Major Disaster

Declarations

FEMA has established the following process to request a major disaster declaration. It is important 

for tribal governments to adhere to these procedures in order to avoid possible delays in processing 

the declaration request.

A. Emergency Plan Activation

Before, during, or immediately after an incident, a tribal government will take action to respond to the 

event. Typically, a tribal government will direct its disaster response through the activation of its 

emergency plan.53 The emergency plan describes how a tribal government will provide resources to 

satisfy unmet needs. For more information on developing 

emergency plans, see the “Comprehensive Preparedness Guide 

101, Developing and Maintaining Emergency Operations 

Plans.”54

If a tribal government anticipates 

that it will request a Stafford Act 

declaration independently of a 

state, then the tribal government 

must activate the tribal emergency 

plan. 

The procedures for plan activation will vary based on a tribal 

government’s law and the plan itself. It may involve a tribal 

declaration or proclamation of an emergency. However, such a 

declaration is not a legal prerequisite for requesting a Stafford 

Act declaration. 

In most instances, a tribal government will be able to address disaster–related needs itself or through 

coordination with, or aid from other governments, government agencies, or organizations.

 

52 For more information regarding management costs, including the rates provided for PA and HMGP, see 44 C.F.R. 

part 207. 

53 “As part of a request, and as a prerequisite to major disaster assistance under this Act, the Governor [Chief 

Executive] shall take appropriate response action under State [tribal] law and direct execution of the State’s [tribal 

government’s] emergency plan.” Stafford Act § 401(a), 42 U.S.C. § 5170(a). “The Chief Executive of an affected 

Indian tribal government may submit a request for a declaration by the President that a major disaster exists 

consistent with the requirements of subsection (a).” Stafford Act § 401(b)(1), 42 U.S.C. § 5170(b)(1). 54 hhttp://www.fema.gov/media-library/assets/documents/25975
25

B. Initial Damage Assessment

In order to be considered for federal disaster assistance, an incident must be of such severity and

magnitude that it is beyond the capability of the tribal government to provide effective response. 

Therefore, after an incident occurs, a tribal government should first assess the impacts of the disaster 

and determine if there are needs that cannot be addressed with its own resources or through insurance. 

If assistance is needed, then a tribal government should evaluate the availability of assistance from 

non-governmental disaster relief organizations, such as the American Red Cross or other members of 

Voluntary Organizations Active in Disaster. A tribal government should use existing mutual aid 

agreements with other tribal governments or tribal organizations, state, county and/or local 

governments. Depending on the type(s) of needs, a tribal government should also request assistance 

from other federal agencies that have their own authorities to provide assistance, such as the 

Department of Housing and Urban Development (HUD), Department of Health and Human Services

(HHS), the Department of Interior (DOI), and others. FEMA cannot provide assistnce for activities 

that fall within the specific authority of these other federal agencies. Stafford Act assistance cannot 

duplicate support available from other sources, including insurance. 

After conducting the initial damage assessments and exploring the various assistance options, a tribal 

government may identify needs or damage that are Stafford Act eligible (e.g., extensive damage to 

tribally-owned facilities, extensive damage to homes of enrolled tribal members). If the Stafford Acteligible needs or damage are beyond the capabilities of a tribal government, then it may consider 

requesting Joint Preliminary Damage Assessments (Joint PDAs) from their FEMA Regional 

Administrator. FEMA Regional staff are available to provide technical assistance and guidance to 

Chief Executives and tribal governments throughout the declaration process.

C. Joint Preliminary Damage Assessments

Joint PDAs validate Stafford Act-eligible damage and evaluate the magnitude and impact of a 

disaster, to determine whether Stafford Act assistance may be needed. If a Joint PDA request is not 

submitted to the FEMA Regional Administrator in advance of a request for a declaration, then the 

declaration request processing may be delayed until damage assessments are carried out.

1. Requesting Joint Preliminary Damage Assessments 

The Joint PDA request should be in writing and should describe the disaster event, the dates the 

event occurred, and type and severity of damage. It will specify the type of Joint PDAs needed 

(i.e., Individual Assistance (IA) and/or Public Assistance (PA)), include information on when and 

where a tribal government would like to conduct Joint PDAs, and the tribal point of contact for 

the Joint PDAs.55 Generally, a tribal government’s initial damage assessments will inform the 

Joint PDA request.

In most circumstances, FEMA may not conduct Joint PDAs without the information stated above. 

Absent extraordinary circumstances, FEMA will not conduct PA Joint PDAs if the initial damage 

assessments do not indicate that the damage exceeds the minimum damage amount of $250,000. 

For more information, see section VII, ‘Criteria FEMA Uses to Make Declaration 

Recommendations to the President.’ 

The declaration request needs to be submitted within 30 days of the incident, so the Joint PDA 

 

55 Tribal governments can amend the Joint PDA request to add areas or programs. 
26

request should be submitted as soon as possible to allow enough time to perform the Joint PDA 

and for the Chief Executive to develop and send the request within the 30-day period. 

Once the FEMA Region receives the Joint PDA request, FEMA staff will schedule the Joint 

PDAs with the tribal government. FEMA recommends that Joint PDA teams include personnel 

from agencies and organizations that can evaluate damage and unmet needs, including tribal 

government officials familiar with the damaged area, FEMA and possibly other federal partners 

such as the Small Business Administration (SBA), and non-governmental disaster relief 

organizations. The tribal government and FEMA may also consider including other federal 

agencies or state and local representatives, where appropriate.

The information provided by other federal agencies, state, and local government representatives, 

and non-governmental organizations may help establish overall impacts to the affected areas and 

will likely expedite the damage assessment. They may also be able to provide information on the 

types of assistance that their respective agencies are capable of providing in the area affected by 

the disaster.

The tribal government will review the results of the Joint PDA to help determine whether the 

situation may exceed available resources and may warrant supplemental assistance under the 

Stafford Act. Should the Chief Executive request a major disaster declaration, the request should

include the Joint PDA information. FEMA will include the results of the Joint PDA in its 

recommendation to the President. 

2. Notification of Joint Preliminary Damage Assessment Request 

When a tribal government submits a Joint PDA request, FEMA will ensure that the appropriate 

state government official(s) are aware of the request. FEMA will also ensure that the appropriate 

tribal government official(s) are aware when a state requests a Joint PDA that includes counties 

where tribal lands are located. These notifications will not affect the processing of the Joint PDA 

requests.

3. Expedited Major Disaster Declaration Requests56

The Joint PDA requirement may be waived for those incidents of unusual severity and magnitude 

that do not require damage assessments to determine the need for supplemental federal assistance. 

In these rare circumstances, the Chief Executive of a tribal government may submit an 

abbreviated written request for a major disaster declaration through the appropriate FEMA

Regional Administrator.

If FEMA determines that the event does not rise to a level that would warrant an expedited major 

disaster declaration request, the agency may withhold its recommendation until a Joint PDA can 

be completed. Before a Chief Executive submits an expedited major disaster request, FEMA 

strongly encourages the tribal government to coordinate with the appropriate FEMA Regional 

office to determine whether an expedited request is appropriate.

 

56 A Joint PDA will most likely be conducted after the request for an Expedited Major Disaster has been submitted 

to determine the scope and scale of the disaster, outline potential staffing requirements, and highlight any special 

considerations for providing disaster assistance to the tribal government.
27

4. Concurrent Preliminary Damage Assessments with Tribal Governments 

and States 

Tribal governments may request a Joint PDA concurrent with or separate from a state’s request 

for a Joint PDA. If tribal and state governments request overlapping Joint PDAs (i.e., the same 

areas), FEMA may recommend that the Joint PDA teams combine to assess those overlapping 

areas in order to more rapidly survey the damage. In this case, the teams will separate tribalspecific damage from state damage.

The state may request a Joint PDA before the tribal government requests a Joint PDA. The 

state’s request may include counties which also have tribal lands within the county boundaries. 

In such instances, FEMA and the state will contact the Chief Executive or other appropriate tribal 

official of the affected tribal government and ask if the tribal government would like to 

participate in the Joint PDA. Even if a tribal government agrees to include tribal lands in a staterequested Joint PDA, the tribal government is not required to include its damage in a state’s 

declaration request. When performing a Joint PDA, the Joint PDA teams will separate tribalspecific damage from state damage. This will ensure tribal government damage is appropriately 

documented and can be separated from the state’s Joint PDA, if a tribal government later requests 

a Joint PDA or requests its own declaration. 

Even if the tribal government and state request separate Joint PDAs, the two governments may 

combine damage to support a single declaration request. If the tribal government would like to 

combine damage with the state, the tribal government will need to be included in the state’s 

declaration request. The tribal government cannot request assistance on behalf of the state or 

local jurisdictions. 

5. Populations 

If state and tribal governments request PA Joint PDAs for overlapping areas and a tribal 

government decides to request a separate declaration, then FEMA will remove the enrolled tribal 

members that live in the relevant counties from the county population for the purposes of 

calculating per capita damage in a state’s request. This will more appropriately reflect the 

population used to determine the county’s PA per capita damage indicator for a state request.57 

FEMA will use enrollment numbers from a tribal government to determine the appropriate 

population. 

D. Declaration Request 

Once Joint PDAs have concluded, a tribal government may find that the damage is of such severity 

and magnitude that effective response is beyond its capabilities and other available resources. If this 

is the case, then the Chief Executive may elect to request a major disaster declaration to authorize 

Stafford Act assistance to support the response and recovery from the incident. 

To avoid delay in processing, the Chief Executive must submit declaration requests to the President 

through the appropriate FEMA Regional Administrator. 

57 FEMA uses a per capita damage indicator, among other factors, to evaluate state requests for PA. See 44 C.F.R. § 

206.48(a).
28

Requests for major disaster declarations must be submitted within 30 days of the incident.58 If the 

incident occurs over multiple days, the 30-day limit starts on the last day of the incident. More

information on incidents and incident periods may be found further on in this document. 

A Chief Executive can request additional time to submit a declaration request. If an extension is 

needed, then the Chief Executive must submit a written request for a time extension to the FEMA 

Regional Administrator and addressed to the Associate Administrator, Office of Response and 

Recovery, within 30 days of the date of the incident. An extension request must include the 

additional time needed and a justification for why additional time is needed. FEMA will not process 

requests submitted outside of these timeframes.

1. Who Can Submit Declaration Requests 

Section 401 of the Stafford Act states, “All requests for a declaration by the President that a major 

disaster exists shall be made by the Governor of the affected State or Chief Executive of the 

affected Indian tribal government. Such a request shall be based on the finding that the disaster is 

of such severity and magnitude that effective response is beyond the capabilities of the State and 

the affected local governments or the Indian tribal government and that Federal assistance is 

necessary.”

This means that only the Chief Executive of a federally recognized tribal government may request 

a major disaster declaration.59 It also means that the Chief Executive may only request assistance 

for the tribal government which he/she serves as the Chief Executive and cannot request 

assistance on behalf of another tribal government. Further, multiple tribal governments may not 

combine their damage to request a declaration because the request for assistance is based on each 

individual tribal government’s capabilities.

FEMA will only process declaration requests from the Chief Executive or an individual 

authorized by tribal law to act on the Chief Executive’s behalf in his/her absence. The tribal 

government will provide FEMA with the appropriate documentation stating that the “Chief 

Executive” is duly authorized by the tribal government to conduct relations with the United States 

government and legally bind the tribal government. Additionally, FEMA will only process 

declaration requests from entities60 that are on the Department of Interior/Bureau of Indian 

Affairs (DOI/BIA) Federally Recognized Tribes List.

61

If FEMA is informed by the tribal government that there is an internal tribal dispute over who is 

the tribal Chief Executive, then FEMA will consult with the regional or headquarters office of the 

BIA for their guidance and will specify a timeframe in which FEMA needs a response. If FEMA 

receives no guidance from the BIA within the requested timeframe, then FEMA will make a 

58 The Stafford Act does not specify that a tribal government must be federally recognized at the time of the incident 

itself. If the tribal government is acknowledged by the Department of Interior Bureau of Indian Affairs (DOI/BIA)

after the incident period has expired and then requests a declaration, then FEMA will process the request, provided 

that the Chief Executive submits the request (or an extension request) within the regulatory timeframe.

59 If the Chief Executive is not available for any reason, then the individual authorized by tribal law to act on the 

Chief Executive’s behalf may submit a request. This person must demonstrate that he/she has legal authority to act 

on behalf of the Chief Executive by providing the legal documentation with the declaration request.

60 Tribes that are recognized by a state, but not on the List, may be eligible to receive assistance as a sub-recipient 

through the state’s declaration. 

61 25 U.S.C. § 479a-1 requires the Secretary of the Interior to “publish in the Federal Register a list of all Indian 

tribes which the Secretary recognizes to be eligible for the special programs and services provided by the United 

States to Indians because of their status as Indians.” 
29

determination based on the following: (1) currently applicable governing documents of the tribal 

government including, but not limited to, any constitution, ordinances, statutes, regulations, 

resolutions, or other documents regarding the election, appointment, and removal of the tribal 

Chief Executive; and (2) a court of competent jurisdiction for an order determining the lawful 

Chief Executive of the tribal government. FEMA will use the documents to make the 

determination. FEMA’s determination is solely for purposes of the agency processing requests 

for federal disaster or emergency assistance and is not an official federal government 

determination. 

2. What to Submit When Requesting a Major Disaster Declaration 

The Chief Executive’s request must include FEMA Form 010-0-1362: Request for Presidential 

Disaster Declaration: Major Disaster or Emergency (OMB No. 1660-0009). The form includes 

the minimum necessary information and certifications legally required by the Stafford Act for a 

declaration request and must be signed by the Chief Executive or his/her authorized designee. 

Failure to complete the form may result in failure to meet those requirements and may delay the 

processing of the declaration request. 

A cover letter in support of the Chief Executive’s request typically accompanies the form. The 

cover letter provides the Chief Executive an opportunity to include additional information about 

the impacts of the event on the tribal government.

Pursuant to federal law, FEMA must comply with all federal privacy laws, including the Privacy 

Act. FEMA has limited ability to protect information, for example, in response to valid requests 

for information under the Freedom of Information Act (FOIA) and Privacy Act. Declaration 

request input information is routinely shared in public 

requests, however, Personally Identifiable Information (PII) 

is generally redacted under applicable FOIA exemptions. 

Specific questions about the data FEMA must collect should 

be directed to FEMA Regional Tribal Liaisons.

Tribal Emergency Plan 

Activation Requirement 

If the tribal government anticipates 

that it will request a Stafford Act 

declaration independently of a state, 

then the tribal government must 

activate the tribal emergency plan.

Activation of the state’s emergency 

plan does not satisfy the Stafford Act 

requirement that the tribal 

government direct execution of its 

own emergency plan.

The following must be included in any request for an 

emergency or major disaster declaration. Failure to meet 

any of these requirements will delay processing and may 

ultimately result in denial of the request.

Finding that the Event is Beyond the Capability of the 

Tribal Government 

(Number 14a on FEMA Form 010-0-13)

The Chief Executive’s request for a major disaster 

declaration must include a finding that the situation is of 

such severity and magnitude that effective response is beyond the capability of the tribal 

government, and that federal assistance is necessary to supplement resources of the tribal 

government.63 The other required elements of the request support the Chief Executive’s finding 

that the tribal government’s capabilities are overwhelmed and further explain why supplemental 

federal assistance is needed. When evaluating the necessity of supplemental federal assistance, 

FEMA also considers the assistance available from other sources including disaster relief 

62https://www.fema.gov/media-library/assets/documents/28122 63 Stafford Act § 401; 42 U.S.C. § 5170.
30

organizations, other federal agencies, and insurance. 

Direction of the Tribal Emergency Plan64

(Number 14b on FEMA Form 010-0-13)

The major disaster declaration request must include confirmation that the Chief Executive has 

taken appropriate action under tribal law and directed the execution of the tribal emergency plan. 

The request should also include the date on which the Chief Executive directed execution of the 

emergency plan. 

FEMA understands that tribal law may not allow the Chief Executive to unilaterally execute the 

emergency plan and may require the Chief Executive to receive approval from the Tribal Council 

or other appropriate governing body in order to take such action. As long as the tribal 

government takes appropriate action under tribal law and the emergency plan is activated, this 

requirement will be satisfied. The Chief Executive must certify in the declaration request that 

these actions have been taken and list the date when the action was taken.

Description of Resources Committed to Disaster Response and Recovery

(Number 9 on FEMA Form 010-0-13)

Requests must include information describing tribal resources that have been or will be 

committed to alleviating the results of the disaster. Since the Stafford Act provides supplemental 

assistance, the tribal government must expend resources in the response to and recovery from the 

event. Activation of the tribal emergency plan, for example, may assign resources to the 

response, so these actions should be described in this section. Resources committed to the 

disaster may also include actions pending or taken by the Tribal Council or other governing body. 

Specification of Incident Type and Incident Period

The request must indicate the incident type and incident period, which are defined as follows: 

Incident Type (Number 7b on FEMA Form 010-0-13). The incident type is the category of event, 

meeting the Stafford Act definition of a major disaster or emergency, which caused the damage or 

situation for which the tribal government is requesting supplemental federal assistance. It is 

important to accurately identify the applicable incident types that are the basis for the request and 

include all elements that describe the incident (e.g., severe storms, flooding, mudslides). FEMA 

cannot make a recommendation to the President if the incident type has not been defined.

Incident Period (Number 7 on FEMA Form 010-0-13)

The incident period is the time interval during which the incident occurs. Disaster assistance will 

not be made available for damage that occur outside of the incident period. Therefore, it is 

important for the request to accurately reflect dates during which the incident impacted the tribal 

government. Work or actions undertaken in anticipation of the incident, typically immediately 

preceding the event, may be eligible for Stafford Act assistance.65 The incident period is 

generally a narrow time frame.

64 For more information on the development of emergency plans, see Comprehensive Preparedness Guide (CPG)

101, Developing and Maintaining Emergency Operations Plans, http://www.fema.gov/medialibrary/assets/documents/25975

65 Stafford Act § 424; 42 U.S.C. § 5189b.
31

How to determine the incident type and incident period

A federal government agency acknowledged as a national authority in a specific incident field 

(e.g., National Weather Service (NWS) for flooding, severe storms, hurricanes; National Oceanic 

and Atmospheric Administration (NOAA) for tsunamis; United States Geological Survey (USGS) 

for seismic incidents) should be able to provide an incident description which can be used to 

support the Chief Executive’s declaration request. FEMA Regional staff can assist the tribal 

government in identifying the appropriate federal agency to provide such information. As they 

relate to events such as tornadoes and severe storms, Stafford Act declarations are typically timelimited single events or may comprise a series of storms that are part of single storm system. 

FEMA generally will not consider a series of storms that result from longer term weather patterns 

to be a single event for Stafford Act purposes.66

Assistance from Other Federal Agencies (Number 13 on FEMA Form 010-0-13)

The request must include information describing other federal agency resources that have been or 

will be used in responding to the incident, if known. This will help describe the scope of the 

response and recovery and ensures that Stafford Act assistance does not duplicate resources 

provided, or that will be provided, by other federal agencies.

Types of Assistance Requested 

(Number 11 on FEMA Form 010-0-13)

The Chief Executive must provide information indicating the types of federal assistance needed. 

The FEMA programs – Individual Assistance (IA), Public Assistance (PA), and/or the Hazard 

Mitigation Grant Program (HMGP) - should be specifically requested. The Chief Executive may 

request all IA Programs – Individuals and Households Program (IHP), Crisis Counseling Program 

(CCP), Disaster Unemployment Assistance, Disaster Case Management (DCM), and Disaster 

Legal Services, or the Chief Executive may select one or more of the programs. The Chief 

Executive may also select specific categories of PA or may select all of the categories of work.

To support the request for assistance, the Chief Executive should include a statement that a Joint 

Preliminary Damage Assessment (Joint PDA) was requested as well as when it was completed,67

and a description of the damage,68 including the adverse effect(s) the damage has on the public 

and private sectors as well as the results of the Joint PDA. The results of the Joint PDA, which 

both FEMA and the tribal government will receive, should be submitted with the request. 

It is important for the Chief Executive to specify the types and estimated amounts of assistance 

requested as FEMA cannot recommend the President authorize assistance that the tribal 

government did not request. 

Debris Removal

Pursuant to the Stafford Act, FEMA will fund or perform debris removal only when the tribal 

government agrees to indemnify the United States from any claims arising from the removal of 

66 According to current guidance from the National Weather Service, a series of storms are generally part of a single 

storm system if they occur within 72 hours of each other.

67 Number 10 on FEMA Form 010-0-13. 68 Number 8 on FEMA Form 010-0-13.
32

debris and/or wreckage, and the tribal government agrees that debris removal from public and 

private property will not occur without first arranging for unconditional authorization for the 

removal of the debris.69 While FEMA does not require the indemnification agreement to be 

included in the request for a declaration, FEMA may not undertake or fund these activities until

the tribal government agrees to these terms. As such, if debris removal is needed, FEMA 

recommends that tribal governments agree to the terms in its request or as early as possible in 

the process.

The Federal Coordinating Officer (FCO) is the Federal official who coordinates Federal 

assistance for debris removal in the entire affected area, including both tribal and state property, 

whether there is a tribal declaration, a state declaration, or declarations for both tribal and state 

governments. This coordination is essential to increase efficiency and lower costs of debris 

removal. 

Direct Federal Assistance 

If the tribal government requests Direct Federal Assistance (DFA), it must provide the following 

information and certifications before DFA can be provided: 

• The specific type of work requested and intended outcome (e.g., debris removal or to

shelter and feed 500 people for 3 days); 

• The reasons the tribal government cannot perform or contract for performance of the

work;

• That the tribal government will provide, without cost to the United States, all lands,

easements, and rights of way necessary to accomplish the approved work;

• That the tribal government agrees to indemnify the United States from damages and

claims arising from the requested work;

• That the tribal government will provide reimbursement for the non-federal share of the

cost of work pursuant to the terms of the FEMA-Tribe Agreement; and

• That the tribal government will assist the performing federal agency in all support and

local jurisdictional matters.

While FEMA does not require these certifications to be included in the request for a declaration, 

FEMA may not provide DFA until the tribal government meets these requirements. As such, 

FEMA recommends that tribal governments provide these certifications as early as possible in the 

process.

Areas Requested (Number 11 on FEMA Form 010-0-13)

This part of the request is used to describe the tribal lands and/or the entities for which assistance 

will be made available if the President makes a declaration. FEMA cannot recommend the 

President authorize assistance for an area or entities for which the Chief Executive did not request 

assistance.

The Chief Executive may request assistance for all tribal lands impacted by the event, for tribal 

government-owned facilities impacted off tribal lands, and/or for primary residences of enrolled 

tribal members and tribal community members as impacted by the event. The request should 

describe where impacts occurred, including the geographic range of the impacts. 

69 Stafford Act §§ 407(b) and 502(a)(5); 42 U.S.C. §§ 5173(b) and 5192(a)(5).
33

Cost Share Certification (Number 14c on FEMA Form 010-0-13)

The Stafford Act requires major disaster declaration requests include the Chief Executive’s 

certification that the tribal government will comply with Stafford Act cost sharing requirements.70 

FEMA cannot process the request without this certification.

Designation of Disaster Officials (Numbers 4 and 5 on FEMA Form 010-0-13)

The request should include the designation of a Tribal Coordinating Officer and the person 

authorized to act on the Chief Executive’s behalf, also referred to as Chief Executive’s 

Authorized Representative. These two officials will serve the following functions should the 

President declare an emergency or major disaster declaration:

• The Chief Executive’s Authorized Representative will be empowered with fiduciary

responsibility for the tribal government during the disaster. 

• The Tribal Coordinating Officer will coordinate tribal disaster assistance efforts with

those of the federal government and state partners, as applicable. 

Other information required on FEMA Form 010-0-13 (OMB No. 1660-0009) 

• Request Date (Number 1)71

• Name of the tribal government requesting the declaration (Number 2a)

• Population of enrolled tribal members on or near tribal lands who may be impacted by the

event – as reported by tribal government (Number 2b)72

• Name of the Tribal Chief Executive (Number 3)

• Whether the request is for an emergency or major disaster (Number 6)

• Description of Damage (Number 8)

• Preliminary Damage Assessment Information (Number 11)

• Tribal Mitigation Plan Information – Plan Expiration Date and Type of Plan (Number 12)

• List of Enclosures and Supporting Documentation (Number 15)

• Tribal Chief Executive’s signature and date.

E. Processing the Declaration Request

After the FEMA Regional Administrator receives the request, the Regional Administrator will 

evaluate and provide his/her recommendation to FEMA Headquarters. The FEMA Administrator will 

also evaluate the request and make a recommendation for the President’s determination. FEMA uses 

the criteria described below to evaluate the request and make recommendations.

Once the declaration request has been submitted to the FEMA Regional Administrator, the request is 

under internal Executive Branch review. Until the President makes the declaration determination, 

FEMA will not report to tribal, state, or local governments or any other entity the status of the 

request. 

70 Stafford Act § 401; 42 U.S.C. § 4170; 44 C.F.R. § 206.35(c)(5). 71 The form and cover letter include several areas to insert the date (1) date requested on the form, (2) date when the 

Chief Executive signed the form, (3) date on the cover letter. Each of these dates should be the same. 72 If needed, the Chief Executive may provide additional information explaining the population number reported. 
34

F. Notification of Third Parties

When a tribal government submits a declaration request, FEMA will ensure that the appropriate state 

government official(s) are aware of the request. FEMA will also ensure that the appropriate tribal 

government official(s) are aware when a state requests a declaration which includes counties where 

tribal lands are located. These notifications will not affect the processing of declaration requests. 

Pursuant to federal law, FEMA must comply with all federal privacy laws, including the Privacy 

Act73. FEMA has limited ability to protect information, for example, in response to valid requests for 

information under the Freedom of Information Act (FOIA) and Privacy Act. Declaration request 

input information is routinely shared in public requests, however, Personally Identifiable Information 

(PII) is generally redacted under applicable FOIA exemptions. Specific questions about the data 

FEMA must collect should be directed to FEMA Regional Tribal Liaisons.

VII. Criteria FEMA Uses to Make Declaration 

Recommendations to the President

The Stafford Act requires tribal governments to base requests for major disaster declarations on the 

“finding that the disaster is of such severity and magnitude that effective response is beyond the 

capabilities of the tribal government and that federal assistance is necessary.” In order to make a 

recommendation to the President whether or not to make a declaration, FEMA uses the following 

factors to evaluate whether an event has overwhelmed the capabilities of the tribal government and 

that Stafford Act assistance is necessary. No single factor is determinative. The Chief Executive 

should include information to assist FEMA in its evaluation of these factors. 

A. Public Assistance 

When FEMA reviews a Chief Executive’s request for a major disaster declaration authorizing Public 

Assistance (PA), FEMA considers the factors below to measure the severity and magnitude and 

impact of the incident. FEMA recommends that the Chief Executive include in the declaration request 

information specifically addressing these factors. In addition, the Chief Executive should include in 

the cover letter a narrative of the impact of the disaster on the tribal government and disaster 

survivors.

1. Minimum Damage Amount 

Absent extraordinary circumstances, FEMA will consider a declaration request from a tribal 

government only if it is determined that the tribal government sustained at least $250,00074 in 

PA-eligible estimated damage or costs. This amount does not constitute a trigger point for a 

declaration; it is the minimum amount of damage for which a request for a major disaster 

declaration will be considered. Depending on the situation, an event that exceeds this amount may 

be within the tribal government’s capability, and therefore, not warrant a major disaster 

 

73 The Privacy Act requires each agency to publish notice of its systems of records in the Federal Register. This 

notice is generally referred to as a System of Records Notice or (SORN). FEMA’s SORNs may be found at 

https://www.dhs.gov/privacy-documents-fema. Each SORN has Routine Uses which describe common reasons for 

sharing information that is PII.”

74 Adjusted annually based on the Consumer Price Index for all Urban Consumers.
35

declaration. This estimate should not include damage that is covered by insurance. 

Therefore, a tribal government should first assess whether it can address the impacts of the event. 

If a tribal government sustains damage or costs that exceed the $250,000 damage amount and 

cannot identify resources to meet those needs, then the tribal government can request a Joint 

Preliminary Damage Assessment (Joint PDA). 

FEMA may further evaluate a tribal government’s request for supplemental disaster assistance 

based on the following factors: 

2. Impacts of the Disaster75

Types and Amounts Damaged 

• What was damaged?

o Stafford Act-eligible damage to facilities, tribally-owned/operated facilities,

eligible private nonprofits.

 Roads and Bridges

 Water Control Facilities

 Buildings and Equipment

 Utilities

 Parks, Recreational, Other

o Tribal government costs associated with eligible debris removal and emergency

protective measures.

o Non-Stafford Act eligible damage

• How extensively were the facilities damaged?

• Estimated cost of the damage.

• Damage located in the special flood hazard area, if applicable.

• Percent of tribally-owned/operated facilities impacted (e.g.. 50% of tribally owned and

maintained roads have been affected).

• Percent of potentially eligible Private Nonprofit organizations.

• Impacts to Indian cultural and spiritual facilities.

Economic Impact of the Incident

• What are the economic effects of the disaster on the tribal community?

o E.g. road closures, wastewater treatment closures, business closures

• What are the economic effects of the disaster on the tribal government?

Tribal Government Resources

• FEMA will consider the tribal government’s efforts and resources (e.g., funding, staff,

etc.) that have been or will be used to respond to or recover from the event. 

Demographics 

• Unemployment of enrolled tribal members.

• Number and percent of enrolled tribal members whose income is below the national

poverty level.

75 FEMA recognizes that some information may be limited or unavailable at the time of the request. FEMA will 

make its recommendation to the President based upon the best information available.
36

• Number of tribal members receiving services from the Native American Vocational 

Rehabilitation Program and any other programs administered by tribal entities that 

provide services, support or advocacy for people with disabilities.

24-month Disaster History

• Stafford Act declarations – state or tribal declarations (estimated or actual non-federal 

cost share from these events). 

• Tribal or state declared disasters – tribal resources used to respond to those events. 

• Assistance from other federal agencies to address disaster damage. 

Evaluation of Previous Mitigation Efforts

• Whether previous mitigation activities (such as building codes, elevations, or retrofits) 

decreased the damage from this incident.

Programs of Other Federal Assistance

• Whether programs of assistance from other federal agencies might more appropriately 

meet the needs created by the incident.

Insurance

• The amount of insurance coverage of the disaster impacted facilities at the time of the 

incident. 

• The amount of insurance coverage that should have been in force at the time of the 

incident.

• Damage located in special flood hazard areas, which require a mandatory reduction on 

buildings and contents. 

Unique Conditions that Affect Tribal Governments

• FEMA considers whether there are needs or conditions that are unique to a tribal 

community, including but not limited to: 

o Needs associated with remote locations (e.g., accessibility, food, water, and 

medical supply availability, etc.); 

o Historic preservation; and 

o Cultural or spiritual considerations.

Other relevant information

• FEMA will consider any other relevant information that a tribal government provides in a 

declaration request. 

B. Individual Assistance 

When FEMA reviews a Chief Executive’s request for a major disaster declaration authorizing 

Individual Assistance (IA), FEMA considers the factors below to measure the severity and magnitude 

and impact of the incident. FEMA recommends that a Chief Executive include in a declaration 

request information specifically addressing these factors. In addition, a Chief Executive should 

include in the cover letter a narrative of the impact of the disaster on the tribal government and 

disaster survivors.
37

1. Impacts of the Disaster76

FEMA will evaluate a tribal government’s request for supplemental disaster assistance based on 

the following factors: 

Uninsured Home and Personal Property Losses

• FEMA will evaluate damage to the primary residences of enrolled tribal members and, if 

requested and approved, non-enrolled individuals who are members of the tribal 

community (see section IV (B)). FEMA assesses and categorizes affected residences 

based on the amount of damage: destroyed, major, minor, affected, and inaccessible.77

FEMA then measures the magnitude of the disaster, including the total number of 

households impacted, the percentage of households impacted, and whether there are high 

concentrations of damage.

Availability of Housing Resources 

• FEMA will consider the availability of accessible temporary housing resources when 

assessing the need for IA as disaster survivors whose homes have been significantly 

damaged may need temporary housing while making home repairs. 

Casualties 

• FEMA will consider injuries and casualties caused by the event, including deaths or 

injuries of cultural, religious, and government leaders. 

Impact to Community Infrastructure

• FEMA will consider impacts to a tribal community’s infrastructure that may adversely 

affect a population’s ability to safely and securely reside within the community:

o Large scale disruption of normal community functions and services; 

o Impacts to Indian cultural and spiritual facilities; 

o Emergency needs such as extended or widespread loss of power or water. 

Disaster Impacted Population Profile

• FEMA considers the demographics of the whole community including older members of 

the community, people with disabilities, children and other people who have access and 

functional needs such as individuals who have limited English proficiency or are nonEnglish speaking and individuals with a low income as they may have a greater need for 

support during disaster recovery. 

Voluntary Agency and Other Assistance

• FEMA will consider the extent to which voluntary agencies and state and local 

government programs can meet the needs of the disaster survivors.

Tribal Government Resources

• FEMA will consider a tribal government’s efforts and resources (e.g., funding, staff, etc.) 

that have been or will be used to respond to or recover from the event. 

 

76 FEMA recognizes that some information may be limited or unavailable at the time of the request. FEMA will 

make its recommendation to the President based upon the best information available.

77 Damage Assessment Operations Manual http://www.fema.gov/media-library-data/1459972926996-

a31eb90a2741e86699ef34ce2069663a/PDAManualFinal6.pdf 
38

Unique Conditions that Affect Tribal Governments

• FEMA will consider whether there are needs or conditions that are unique to a tribal 

community, including but not limited to: 

o Needs associated with remote locations (e.g., accessibility, food, water and medical 

supply availability, etc.);

o The impact of the disaster on a tribal government’s economy or livelihood; and 

o Cultural or spiritual considerations.

Other Relevant Information 

• FEMA will consider any other relevant information that a tribal government provides in a 

declaration request.

C. Hazard Mitigation Grant Program 

When FEMA reviews a Chief Executive’s request for a major disaster declaration authorizing the

Hazard Mitigation Grant Program (HMGP), FEMA evaluates a tribal government’s request for the 

HMGP in relation to areas defined in the Tribal Mitigation Plan to ensure areas requesting the HMGP

are included in the Tribal Mitigation Plan. Only the areas identified in the Tribal Mitigation Plan are 

eligible for the HMGP. 

D. Cost Share Adjustments 

Cost shares under the Stafford Act vary by program:

• Public Assistance (PA) programs for emergency work,78 debris removal,79 and permanent 

work80 are at least 75% federal cost share.

• Housing Assistance, Disaster Case Management (DCM), Disaster Legal Services, Disaster 

Unemployment Assistance, and Crisis Counseling Program (CCP) under the Stafford Act are 

100% federally funded.81

• Other Needs Assistance (ONA) is set at a 75% federal cost share.82

• For the HMGP, FEMA can provide up to 75% of the total eligible costs.83

The Stafford Act authorizes the President to adjust or waive the non-federal cost share for PA only. 

When actual - not estimated - federal disaster obligations, excluding FEMA administrative costs, 

meet or exceed $137 per capita84 (for disasters declared in calendar year 2016), FEMA will 

recommend the President increase the federal PA cost share from 75% to not more than 90%. FEMA 

will use a tribal government’s population on or near tribal lands, as reported by a tribal government, 

to determine per capita obligations. 

 

FEMA will also take into consideration the impact of Presidential major disaster declarations that 

affected a tribal government during the preceding twelve-month period. 

 

78 Stafford Act §§ 403(b) and (c)(4), and 503(b); 42 U.S.C. §§ 5170b(b) and (c)(4) and 5193(b). 79 Id. § 407(d); 42 U.S.C. § 5173(d). 80 Id. § 406(b); 42 U.S.C. § 5172(b). 81 Id. § 408 (g)(1); 42 U.S.C. § 5174(g)(1). 82 Id. § 408 (g)(2); 42 U.S.C. § 5174(g)(2). 83 Id. § 404(a); 42 U.S.C. § 5170c(a). 84 Adjusted annually based on the Consumer Price Index for all Urban Consumers.
39

If warranted by the needs of the disaster, then FEMA may recommend up to 100% federal funding for 

emergency work, including direct federal assistance, for a limited period in the initial days of the 

disaster irrespective of the per capita impact.

VIII. Requests for Emergency Declarations

The emergency declaration request process largely mirrors the major disaster declaration request 

process. The requirement to perform a Joint Preliminary Damage Assessment (Joint PDA) is not 

required for emergency declaration requests.85 However, a tribal government will need to specify 

some unmet need for direct federal assistance to demonstrate that an emergency declaration is needed. 

A Chief Executive, or in his/her absence the appropriate tribal official, must submit FEMA Form 010-

0-1386 to the President through the FEMA Regional Administrator using a cover letter. The request 

must include a finding that the situation is of such severity and magnitude that effective response is 

beyond the capability of the tribal government, and that the tribal government requires supplemental 

federal emergency assistance to save lives and to protect property, public health, and safety, or to 

lessen or avert the threat of a disaster.87 The Chief Executive must identify the types and extent of 

emergency assistance needed under the Stafford Act. Specifically the request needs to identify the 

FEMA programs that are requested and where the Chief Executive would like to provide assistance.

A Chief Executive may request an emergency declaration in advance or anticipation of the imminent 

impact of an incident that threatens such destruction as could result in a major disaster. Such requests 

must meet all of the statutory and regulatory requirements for an emergency declaration 

request. Requests must demonstrate the existence of critical emergency protective measure needs 

prior to impact are beyond the capability of the tribal government and identify specific unmet 

emergency needs that can be met through Direct Federal Assistance (DFA). Such DFA may include, 

but is not limited to, personnel, equipment, supplies, and evacuation assistance. Pre-positioning of 

assets generally does not require a declaration. Assistance made available under a pre-disaster 

emergency declaration will typically be Category B (emergency protective measures), limited to 

DFA. FEMA may require damage assessments and/or verified cost estimates if additional types of 

assistance are requested.

The request must be submitted within 30 days of the incident. If the incident occurs over multiple 

days, the 30-day limit starts on the last day of the incident. If a tribal government needs additional 

time to submit a request for an emergency declaration, a Chief Executive may submit a written 

request for a time extension within 30 days of the date of the incident. A request must include the 

additional time needed and a justification for why additional time is needed. Time extension requests 

should be submitted to the FEMA Regional Administrator and be addressed to the Associate 

Administrator, Office of Response and Recovery. FEMA will not process requests submitted outside 

of these timeframes.

85 Joint PDAs will most likely be conducted after the President declares an emergency to determine the scope and 

scale of the disaster, outline potential staffing requirements, and highlight any special considerations for providing 

disaster assistance to the tribal government.

86 https://www.fema.gov/media-library/assets/documents/28122 87 Stafford Act § 501, 42 U.S.C. § 5191.
40

IX. Declaration Decision Support 

Before, during and following a disaster, Regional Tribal Liaisons and FEMA regional staff are 

available to support tribal governments in decision-making and to provide technical assistance. The 

following are some considerations for tribal governments to consider: 

A. Prior to Declaration Request 

Before requesting a declaration, tribal governments should consider whether to seek assistance on 

their own or to be included in a state declaration, if the state is requesting Stafford Act assistance. 

Considerations may include: 

Tribal Mitigation Plan Requirement

When a tribal government elects to request a Presidential declaration on its own or serve as a recipient 

as part of a state declaration, a FEMA-approved Tribal Mitigation Plan is required prior to receiving 

HMGP assistance or PA permanent work (Categories C-G). 

If electing to be a subrecipient under a state declaration, then the tribal government may be eligible to 

receive PA permanent work through the state without a Tribal Mitigation Plan. In addition, a tribal 

government participating as a subrecipient under a state declaration may be eligible to receive HMGP 

funds for planning grants without a FEMA-approved Tribal Mitigation Plan. The tribal government 

must have an approved Tribal Mitigation Plan in order to receive HMGP project grants. However, in 

extraordinary circumstances an exception to the tribal mitigation plan requirement for HMGP project 

grants may be approved. For more information, refer to the Hazard Mitigation Assistance 

Guidance.88

Minimum Damage Amount

Absent extraordinary circumstances, FEMA will consider a declaration request from a tribal 

government only if it is determined that the tribal government sustained at least $250,00089 in Public 

Assistance (PA)-eligible estimated damage or costs. Therefore, a tribal government should first 

assess whether it can address the impacts of the event. If a tribal government sustains damage or 

costs that exceed the $250,000 damage amount and cannot identify resources to meet those needs, 

then a tribal government can request a Joint Preliminary Damage Assessment (Joint PDA).

This amount does not constitute a trigger point for a declaration; it is the minimum amount of damage 

for which a request for a major disaster declaration will be considered. Depending on the situation, 

an event that exceeds this amount may be within the tribal government’s capability, and therefore, not 

warrant a major disaster declaration. 

Impacts

The tribal government should consider whether the impacts from the incident are consistent with the 

factors FEMA uses to make recommendations to the President on whether or not to make Stafford 

Act assistance available. The tribal government should again consider whether unmet needs can be 

 

88https://www.fema.gov/media-library/assets/documents/103279 

89 Adjusted annually based on the Consumer Price Index for all Urban Consumers.
41

addressed by other resources, such as insurance, non-governmental organizations, or assistance from 

other tribal governments and/or organizations, state or local governments, or other federal agencies. 

Most Stafford Act assistance addresses immediate threats to life safety and damaged facilities and 

housing. Events resulting in purely economic impacts are unlikely to receive declarations, as the 

Stafford Act provides only limited authority to address such impacts. Examples include damage to 

the stumpage value of timber resources, damage to privately-owned businesses and related property, 

and damage to the value of privately-owned food crops and livestock. 

Non-Federal Cost Share Requirement for Stafford Act Assistance

The tribal government that requests Stafford Act declarations must certify that it will cover the nonfederal cost share. PA has a 25% non-federal cost share; the Other Needs Assistance (ONA) 

provision of the Individuals and Households Programs (IHP) has a 25% non-federal cost share; the 

Hazard Mitigation Grant Program (HMGP) has a 25% non-federal cost share.

After the President declares an emergency or major disaster declaration for a state, some states cover 

all or part of the cost share for PA and HMGP subrecipients, including tribal governments. Tribal 

governments should discuss with states the extent to which they will fund the non-federal share. The 

non-federal share for the ONA portion of the IHP would also be covered by the state. 

Compliance with Records Management and Auditing Requirements

If the tribal government receives a Presidential declaration, then the tribal government will be 

responsible for the distribution and oversight of funding that FEMA obligates to the disaster. As 

such, the tribal government must have the capability to act as a recipient and manage recipient 

responsibilities under federal laws and regulations. For more information, see 2 C.F.R. part 200. 

Failure to comply with grants management requirements may result in the deobligation of funding. 

Staffing Needs After a Declaration is Made

The tribal government will need staff to partner with FEMA to administer PA and the HMGP and 

support the implementation of Individual Assistance (IA) programs. Specifically, staff will be needed 

to develop PA projects, participate in environmental and historic preservation reviews, identify and 

implement eligible mitigation projects, and submit grant applications for desired IA programs. Tribal 

governments must also identify a Hazard Mitigation Officer to administer the HMGP, and for those 

tribal governments that participate in the National Flood Insurance Program (NFIP), a Floodplain 

Manager will be needed to help with post-event development in the floodplains. In addition, the tribal 

government may identify a liaison to work with a FEMA Disability Integration Advisor to support the 

inclusion of all community members and develop joint courses of action to mitigate barriers to access.
42

B. Method of Request 

Decision Point Tribal Government 

Direct Declaration

 State Disaster Declaration 

Options

Direct Recipient vs. 

Recipient or 

Subrecipient through a 

state declaration

Tribal government is 

sole direct Recipient 

through their own tribal 

declaration

State is a Recipient; 

Tribal government is a 

Recipient through a State 

declaration

State is a Recipient; 

Tribal government is a 

subrecipient 

(NOTE: Some states, 

based on state law, do not 

allow this option.) 

Who receives Declaration 

Letter from the President? 

Tribal government 

receives letter from the 

President.

State receives letter from the 

President.

State receives letter from the 

President.

Who pays the non-federal 

cost share (25%)? 

25% paid by tribal 

government

25% paid by tribal 

government

The state, as recipient, 

determines how the 25% 

cost share is apportioned.

FEMA-Tribe Agreement YES.

YES. 

(Will not apply to State 

recipient)

NO. All subrecipients are 

covered by the FEMA-State 

Agreement as a local entity. 

There may also be a StateTribal Agreement, as 

required by applicable laws. 

FEMA-State Agreement NO.

YES. 

(Will not apply to tribal 

recipient)

YES.

There may also be a StateTribal Agreement.

Public Assistance (PA) 

Minimum Damage 

Amount 

$250,000 minimum 

damage amount to 

request a Joint 

Preliminary Damage 

Assessment (Joint PDA).

State subject to $1 million 

minimum damage amount.

State subject to $1 million 

minimum damage amount.

Federal Coordinating 

Officer (FCO)

FCO works directly with 

the Tribal Coordinating 

Officer (TCO) / Tribal 

Chief Executive's 

Authorized 

Representative (TAR).

One FCO, one State 

Coordinating Officer (SCO), 

and one Governor’s 

Authorized Representative 

(GAR) for all subrecipients. 

Each tribal Recipient 

designates a respective TCO 

and TAR to coordinate with 

FCO. 

One FCO, one SCO and a 

GAR for all entities under 

the disaster declaration.
43

C. Administrative Plan Requirements 

Decision Point Tribal Government 

Direct Declaration

 State Disaster Declaration 

Options

Direct Recipient vs. 

Recipient or 

Subrecipient through a 

state declaration

Tribal government is 

sole direct Recipient 

through their own tribal 

declaration

State is a Recipient; 

Tribal government is a 

Recipient

State is a Recipient;

Tribal government is a 

subrecipient 

(NOTE: Some states, 

based on state law, do not 

allow this option.)

Tribal Mitigation Plan: 

In order to receive Public 

Assistance (PA) 

Categories C-G 

(permanent work) and the 

Hazard Mitigation Grant 

Program (HMGP), the 

recipient must have an 

approved Tribal 

Mitigation Plan. 

(Reference: 44 C.F.R. §§ 

201.7 & 201.3(e)(3)). 

Tribal government must 

have a FEMA- approved 

Tribal Mitigation Plan to 

receive PA Categories CG or HMGP funds. 

Tribal governments that

receive declarations must 

have an approved Tribal 

Mitigation Plan within 30 

days of the date of the 

declaration, or request an 

additional 90 day 

extension within which 

the tribal government 

must have an approved 

mitigation plan.

The state that receives the 

declaration must have a 

FEMA approved State

Mitigation Plan to receive 

PA Categories C-G or

HMGP. The state must 

have an approved 

Mitigation Plan within 30 

days of the date of the 

declaration. 

As a recipient, the tribal 

government must have a 

separate Tribal Mitigation 

Plan to receive PA

Categories C-G or HMGP

funds. The tribal 

government has 30 days from 

the signing of the FEMATribe Agreement to have an 

approved Tribal Mitigation 

Plan (tribal government may 

request up to a 90 day 

extension).

The state that receives the 

declaration must have a 

FEMA approved State

Mitigation Plan to receive 

PA Categories C-G or

HMGP. The state must 

have an approved

Mitigation Plan within 30 

days of the date of the 

declaration.

As a subrecipient, the tribal 

government must have a 

FEMA approved Tribal 

Mitigation Plan before it can 

receive HMGP project 

funds. 

Public Assistance 

Administrative Plan: 

In order to receive PA, 

there must be an 

approved PA 

Administrative Plan. 

(Reference: 44 C.F.R. §§ 

206.201 & 206.207). 

If the tribal government 

has received a declaration 

that includes PA, then the 

tribal government must 

have this plan. 

Yes. All recipients are 

required to have a PA 

Administrative plan in order 

to receive PA. 

The state is required to have 

a PA Administrative Plan in 

order to receive PA. 

As a subrecipient, the tribal 

government is not required 

to have this plan. 
44

Individual Assistance 

Other Needs Assistance 

Administrative Plan:

In order to receive Other 

Needs Assistance (ONA) 

under the Individuals and 

Households Program, the 

recipient must choose an 

administrator to execute 

the ONA Plan. 

(Reference: 44 C.F.R. § 

206.120).

If the tribal government

has received a declaration 

that includes ONA, then 

the tribal government 

must have this plan. 

If the tribal government 

already has an ONA Plan, 

then the tribal 

government may submit 

modifications to the ONA 

Plan within 72 hours of 

the new disaster 

declaration.

If the state has received a 

declaration that includes 

ONA, then it must have this 

plan. 

Under a state declaration for 

Individual Assistance (IA), 

ONA would be managed by 

FEMA and/or the state. 

Therefore, the tribal 

government would not be 

required to have this plan. 

If the state has received a 

declaration that includes 

ONA, then it must have this 

plan. 

Under a state declaration for 

IA, ONA would be managed 

by FEMA and/or the state. 

Therefore, the tribal 

government would not be 

required to have this plan. 

Hazard Mitigation 

Grant Program

Administrative Plan:

In order to receive HMGP 

funds, recipients must 

have a current HMGP 

administrative plan 

approved by FEMA. 

(Reference: 44 C.F.R. § 

206.437 

If the tribal government 

has received a declaration 

that includes the HMGP, 

then the tribal 

government must have 

this plan. 

Yes. All recipients are 

required to have a HMGP

Administrative plan in order 

to receive HMGP funding. 

The state is required to have 

a HMGP Administrative 

Plan in order to receive 

HMGP funding. 

As a subrecipient, the tribal 

government is not required 

to have this plan. 

X. Presidential Declaration Determination

After FEMA evaluates the request for supplemental federal assistance, the agency sends its 

recommendation to the President. The President then makes the determination regarding whether 

supplemental federal assistance is necessary. The President has the sole discretion to declare an 

emergency or major disaster.

If a Chief Executive requests an emergency declaration, the President can either declare an 

emergency or deny the request. If a Chief Executive requests a major disaster declaration, the 

President can declare a major disaster, declare an emergency, or deny the request. The President may 

also grant part of the request.

A. Notification of the Declaration Determination

Tribal Government

Once the President has made the declaration determination, FEMA will promptly notify the Chief 

Executive. The Chief Executive may determine that a designee can receive the notification from 

FEMA if a Chief Executive is unavailable. The Chief Executive or designee will be notified by the 
45

FEMA Regional Administrator by phone, followed by an official letter with the declaration 

determination. 

 

Should the President declare an emergency or major disaster, FEMA also will inform a Chief 

Executive or designee of the incident and incident period, the authorized programs, the designated 

lands and/or entities eligible to receive assistance, the cost share, and the appointed Federal 

Coordinating Officer (FCO). 

The President may initially issue a declaration that does not address all programs or areas requested 

by a Chief Executive. This is not a denial of the request. Those programs or areas remain under 

consideration until an official determination letter is issued with respect to those programs or areas. 

States

When a tribal government receives a declaration determination, FEMA will ensure that the 

appropriate state government official(s) are aware of the determination. FEMA will also ensure that 

the appropriate tribal government official(s) are aware when a state receives a declaration 

determination which includes counties where tribal lands are located.

Public Notification

FEMA publishes a notice of the declaration in the Federal Register to inform the public at large. The 

notice will include the incident type, incident period, authorized programs, designated lands and/or 

entities eligible to receive assistance, cost share, and the appointed FCO. 

B. Designation of Federal Coordinating Officer 

In the declaration determination, the President will identify a Federal Coordinating Officer (FCO) 

to work with the tribal government and administer authorized federal disaster assistance. The FCO

is the lead federal official at the incident site and is responsible for assuring that federal assistance is 

provided in accordance with the declaration, laws, regulations, and the FEMA-Tribe Agreement. 

The Federal Coordinating Officer makes an initial appraisal of types of relief most urgently needed, 

establishes necessary field offices, and coordinates the relief activities of state, tribal, and local 

governments, the American Red Cross, the Salvation Army, the Mennonite Disaster Service, and 

other relief of disaster assistance organizations which agree to operate under the FCO’s advice and 

direction. 

When the area affected by a major disaster or emergency includes parts of more than one state, the 

President may appoint a single FCO for the entire affected area, and may appoint deputy FCO(s) to 

assist the FCO as the President determines appropriate.
46

XI. Post-Declaration Activities

A. Designation of Tribal Disaster Officials90

1. Tribal Coordinating Officer 

After a declaration, the President will request a Chief Executive to designate a Tribal 

Coordinating Officer (TCO), who will work directly with the Federal Coordinating Officer (FCO) 

to coordinate tribal disaster assistance efforts with those of the federal government. 

2. Tribal Chief Executive’s Authorized Representative 

The Chief Executive must designate an authorized representative who must be empowered with 

fiduciary responsibility for the tribal government, and to execute all necessary documents for 

disaster assistance on behalf of the tribal government.91 This designation includes the authority to 

obligate the tribal government to any non-federal cost share as required by law or the President’s 

declaration. The FEMA-Tribe Agreement (explained further on) will also include designations of 

one or more alternate authorized representatives.

A single individual may serve as both TCO and the Tribal Chief Executive’s Authorized 

Representative. While an authorized representative is generally empowered to act on behalf of 

the Chief Executive, there are a number of actions that, under the Stafford Act, must be carried 

out by the Chief Executive.

B. FEMA-Tribe Agreement 

After every emergency or major disaster declaration, FEMA and the tribal government receiving the 

declaration enter into a FEMA-Tribe Agreement. This agreement is signed by the FEMA Regional 

Administrator, or his/her designee, and the Chief Executive of the tribal government. The agreement 

contains the understandings, commitments, and conditions under which FEMA’s disaster assistance 

will be provided. No disaster funding or direct federal assistance will be authorized until the FEMATribe Agreement has been signed, except where FEMA deems it necessary to begin the process of 

providing essential emergency services or housing assistance. As such, it is important that the 

FEMA-Tribe Agreement is completed and signed as soon as possible after the declaration. 

FEMA-Tribe Agreement terms and conditions include, but are not limited to:

• Incident period;

• Incident type; 

• Areas designated, if applicable; 

 

90 A Chief Executive will include in the declaration request potential designees for the Tribal Coordinating Officer 

and the Chief Executive’s Authorized Representative, but after the event is declared, the Chief Executive must 

officially appoint individuals to these positions.

91 A Chief Executive may elect to perform these duties for the tribal government, but FEMA encourages Chief 

Executives to designate a different official as the authorized representative, as there may be circumstances in which 

a Chief Executive is unavailable to perform these important duties, which could delay funding. A Chief Executive 

may identify these individuals in the request. A Chief Executive officially designates them in the FEMA-Tribe 

Agreement. 
47

• Programs authorized; 

• Cost share provisions;

• Designation of Tribal Coordinating Officer (TCO) and Tribal Chief Executive’s Authorized 

Representative(s); 

• Requirements that the tribal government follow all program eligibility requirements.

Applicable federal grant conditions and requirements, including those established by 2 C.F.R. part 

200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal 

Awards.

Once signed, the FEMA-Tribe Agreement can be amended upon agreement of FEMA and the tribal 

government. Amendments are typically signed for FEMA by the Regional Administrator, or his/her 

designee, and the Chief Executive or Tribal Chief Executive’s Authorized Representative for the 

tribal government. 

C. Request for Additional Types of Assistance or Areas of Eligibility 

(if needed)

Following the President’s declaration, the Chief Executive or Chief Executive’s Authorized 

Representative may request additional types of assistance or additional geographic areas of eligibility.

The Chief Executive may request assistance for all tribal lands impacted by the event; for tribal 

government-owned facilities impacted off tribal lands; and/or for primary residences of enrolled tribal 

members impacted by the event. The request should describe where impacts occurred, including the 

geographic range of the impacts. A written request must be based on verified damage assessments of 

unmet needs that are beyond a tribal government’s capabilities and must include documentation 

supporting the request, such as additional Joint Preliminary Damage Assessment (Joint PDA)

information. A letter will suffice; the FEMA disaster declaration request form does not need to be 

resubmitted. 

Requests for additional types of assistance or additional areas must be submitted within 30 days of the 

termination of the incident period of the declaration or within 30 days of the declaration 

determination, whichever is later. If an extension is needed, the Chief Executive or Tribal Chief 

Executive’s Authorized Representative may submit a time extension request within the 30-day period. 

The time extension request should be in writing and include the reason for the delay and the amount 

of additional time needed.

The request for additional assistance or additional areas should be submitted to the FCO who will 

submit his/her recommendation to FEMA Headquarters through the FEMA Regional Administrator. 

D. Request to Adjust Cost Share 

As described previously, cost shares under the Stafford Act vary by program:

• Public Assistance (PA) programs for emergency work,92 debris removal,93 and permanent 

work94 are at least 75% federal cost share.

 

92 Stafford Act §§ 403(b) and (c)(4), and 503(b); 42 U.S.C. §§ 5170b(b) and (c)(4) and 5193(b).

93 Id. § 407(d); 42 U.S.C. § 5173(d).

94 Id. § 406(b); 42 U.S.C. § 5172(b).
48

• Housing Assistance, Disaster Case Management (DCM), Disaster Legal Services, Disaster 

Unemployment Assistance, and Crisis Counseling Program (CCP) are 100% federally 

funded.95

• Other Needs Assistance (ONA) is set at a 75% federal cost share.96

• For the Hazard Mitigation Grant Program (HMGP), FEMA can provide up to 75% of federal 

cost share.

97

The President can only make cost share adjustments to the non-federal share of PA programs. If a 

tribal government receives its own declaration and determine that the costs associated with the 

disaster are so extraordinary that additional assistance is warranted, then a Chief Executive may 

request a cost share adjustment.98 The Chief Executive or Tribal Chief Executive’s Authorized 

Representative99 should address the request to the President and submit it through the FEMA 

Regional Administrator. Only the President may adjust the cost share. FEMA will review the Chief 

Executive’s cost share adjustment request and supporting documentation and make a recommendation 

based on the particular circumstances. 

E. Amending the Incident Period 

The declaration establishes the incident period, which is then incorporated in the FEMA-Tribe 

Agreement. Generally, the declaration will define an incident period with a beginning and end date. 

When the effects of the incident are ongoing, the initial declaration and the FEMA-Tribe Agreement 

may indicate that the incident period is “continuing.” If so, the Federal Coordinating Officer (FCO)

will monitor and evaluate disaster conditions to determine when to recommend closing the incident 

period. FEMA will consult with the tribal government and establish the closing date in an 

amendment to the FEMA-Tribe Agreement. FEMA will subsequently amend the declaration and 

publish the new incident period in the Federal Register.

If a tribal government believes it may be necessary to amend the incident period, the Chief Executive 

or Tribal Chief Executive’s Authorized Representative may submit a request to change the incident 

period. The written request should include appropriate documentation to support the request (e.g., a 

report from the National Weather Service for a weather event). If there is sufficient justification 

based on official data, then FEMA may reopen or amend the incident period. The request to amend 

the incident period should be submitted in writing through the Federal Coordinating Officer. 

F. Amending the Incident Type

The President’s declaration will specify the incident type that caused the emergency or major disaster. 

The Chief Executive or Tribal Chief Executive’s Authorized Representative may request an 

amendment of the incident type based on sufficient justification from an incident-appropriate agency 

(e.g., official reports from the National Weather Service (NWS) or the United States Geological 

Survey (USGS), and supporting damage assessments). The request to amend the incident type should 

be submitted in writing to the Federal Coordinating Officer (FCO). 

 

95 Id. § 408 (g)(1); 42 U.S.C. § 5174(g)(1). 96 Id. § 408 (g)(2); 42 U.S.C. § 5174(g)(2). 97 Id. § 404(a); 42 U.S.C. § 5170c(a).

98 If the tribal government is a recipient or subrecipient under a state’s declaration, the tribal government must seek a 

cost share adjustment through the state.

99 The Chief Executive’s Authorized Representative can request a cost share adjustment after the President has 

declared an emergency or major disaster.
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G. Community Disaster Loans 

Under a tribal major disaster declaration, a tribal government may be eligible for Community Disaster 

Loans. Under the Community Disaster Loan program, FEMA may make loans to a tribal government 

(1) that suffers a substantial loss of tax and other revenues as a result of a major disaster and (2) has 

demonstrated a need for financial assistance in order to perform its governmental functions.100 The 

term of the loan is five years. At the end of five years, applicants that cannot repay the loan because 

of hardship may apply for an extension. Community Disaster Loans are subject to the availability of 

appropriations. For further information regarding the Community Disaster Loan program, please see 

FEMA’s implementing regulations.101

H. Advance of Non-Federal Share 

The Stafford Act authorizes the President to lend or advance funding to cover the non-federal share of 

disaster assistance. These are interest bearing loans which require repayment. This program is 

subject to the availability of appropriations and is currently unfunded and therefore unavailable.

I. Appeals

1. Denial of Declaration Request

If a declaration request results in a denial, the Chief Executive may appeal the determination 

within 30 days of the date of the denial letter. The Chief Executive should submit this one-time 

written appeal to the President through the FEMA Regional Administrator. The appeal must 

include information to support the appeal, such as additional Joint Preliminary Damage 

Assessment (Joint PDA) information. The Chief Executive may submit an extension request 

within the 30-day period, providing a valid reason for the delay. As with every step of the 

process, the FEMA Region can provide the tribal government with technical assistance regarding 

the information that would be helpful to include with an appeal. 

J. Partial Denial of Requested Types of Assistance or Areas 

If certain types of assistance or certain areas requested to be authorized in the declaration are denied, 

then the Chief Executive or Tribal Chief Executive’s Authorized Representative may appeal the 

determination. This one-time written appeal, which must include additional supporting information, 

must be submitted within 30 days of the date of the date of the denial letter. The Chief Executive or 

Tribal Chief Executive’s Authorized Representative should submit the appeal through the FEMA 

Regional Administrator to FEMA’s Associate Administrator, Office of Response and Recovery.

 

100 Stafford Act § 417; 42 U.S.C. § 5184. 101 See 44 C.F.R. §§ 206.360 - 206.377.
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Abbreviations and Acronyms

BIA Bureau of Indian Affairs

CCP Crisis Counseling Program

CFR Code of Federal Regulations

CMHS Center for Mental Health Services

DFA Direct Federal Assistance

DCM Disaster Case Management

DOI Department of Interior

FEMA Federal Emergency Management Agency

FMA Flood Mitigation Assistance

FMAG Fire Mitigation Assistance Grants

HHS Department of Health and Human Services

HMGP Hazard Mitigation Grant Program

HUD Department of Housing and Urban Development

IA Individual Assistance

IDCM Intermediate Disaster Case Management

IHP Individuals and Households Program

ISP Immediate Services Program

Joint PDA Joint Preliminary Damage Assessment

NFIP National Flood Insurance Program

NOAA National Oceanic and Atmospheric Administration

NWS National Weather Service

ONA Other Needs Assistance

PA Public Assistance

PAPPG Public Assistance Program and Policy Guide

PDM Pre-Disaster Mitigation

PNP Private Nonprofit

RSP Regular Services Program

SAMHSA Substance Abuse and Mental Health Services Administration

SBA Small Business Administration

SCO State Coordinating Officer

Stafford Act Robert T. Stafford Disaster Relief and Emergency Assistance Act

SRIA Sandy Recovery Improvement Act

TCO Tribal Coordinating Officer

TAR Tribal Chief Executive's Authorized Representative

USGS United States Geological Survey
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Appendix A: Request for Presidential 

Disaster Declaration Form

The following Presidential Disaster Declaration form is provided as a part of FEMA’s efforts to 

support consistent disaster declaration request submissions, simplify the process, and enhance the 

efficiency and transparency of the process. The form includes all statutory and regulatory 

requirements for declaration requests and should be signed by the Chief Executive and submitted to 

the President through the appropriate FEMA Regional Administrator. For more information, see the

‘Declaration Request’ section. 

Note:

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A cover letter in support of the Chief Executive’s request typically accompanies the form. The cover 

letter provides the Chief Executive an opportunity to include additional information about the impacts 

of the event on the tribal government.