II 

112TH CONGRESS 

2D SESSION S. 2283 

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance 

Act to include procedures for requests from Indian tribes for a major 

disaster or emergency declaration, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 29, 2012 

Mr. TESTER introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to include procedures for requests 

from Indian tribes for a major disaster or emergency 

declaration, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. TRIBAL REQUESTS FOR A MAJOR DISASTER OR 

4 EMERGENCY DECLARATION UNDER THE 

5 STAFFORD ACT. 

6 (a) MAJOR DISASTER REQUESTS.—Section 401 of 

7 the Robert T. Stafford Disaster Relief and Emergency As8 sistance Act (42 U.S.C. 5170) is amended— 


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1 (1) by striking ‘‘All requests for a declaration’’ 

2 and inserting ‘‘(a) IN GENERAL.—All requests for a 

3 declaration’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(b) INDIAN TRIBAL GOVERNMENT REQUESTS.— 

6 ‘‘(1) IN GENERAL.—The Chief Executive of an 

7 affected Indian tribal government may submit a re8 quest for a declaration by the President that a 

9 major disaster exists consistent with the require10 ments of subsection (a). 

11 ‘‘(2) REFERENCES.—In implementing assist12 ance authorized by the President under this title in 

13 response to the request of the Chief Executive of an 

14 affected Indian tribal government for a major dis15 aster declaration, references to State and Governor 

16 in this title and in section 319 of this Act shall 

17 mean Indian tribal government and the Chief Execu18 tive of an affected Indian tribal government, respec19 tively. 

20 ‘‘(3) SAVINGS PROVISION.—Nothing in this sub21 section shall prohibit an Indian tribal government 

22 from receiving assistance under this title through a 

23 declaration made by the President at the request of 

24 a State under subsection (a) if the President does 


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•S 2283 IS

1 not make a declaration under this subsection for the 

2 same incident. 

3 ‘‘(c) COST SHARE ADJUSTMENTS FOR INDIAN TRIB4 AL GOVERNMENTS.—Notwithstanding any other provision 

5 of this title, any non-Federal contributions required under 

6 this title to be paid by an Indian tribal government may 

7 be adjusted or waived in accordance with criteria estab8 lished by the President.’’. 

9 (b) EMERGENCY REQUESTS.—Section 501 of the 

10 Robert T. Stafford Disaster Relief and Emergency Assist11 ance Act (42 U.S.C. 5191) is amended by adding at the 

12 end the following: 

13 ‘‘(c) INDIAN TRIBAL GOVERNMENT REQUESTS.— 

14 ‘‘(1) IN GENERAL.—The Chief Executive of an 

15 affected Indian tribal government may submit a re16 quest for a declaration by the President that an 

17 emergency exists consistent with the requirements of 

18 subsection (a). 

19 ‘‘(2) REFERENCES.—In implementing assist20 ance authorized by the President under this title in 

21 response to the request of the Chief Executive of an 

22 affected Indian tribal government for an emergency 

23 declaration, references to State and Governor in this 

24 title and in section 319 of this Act shall mean InVerDate Mar 15 2010 23:12 Apr 02, 2012 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2283.IS S2283

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1 dian tribal government and the Chief Executive of 

2 an affected Indian tribal government, respectively. 

3 ‘‘(3) SAVINGS PROVISION.—Nothing in this sub4 section shall prohibit an Indian tribal government 

5 from receiving assistance under this title through a 

6 declaration made by the President at the request of 

7 a State under subsection (a) if the President does 

8 not make a declaration under this subsection for the 

9 same incident. 

10 ‘‘(d) COST SHARE ADJUSTMENTS FOR INDIAN TRIB11 AL GOVERNMENTS.—Notwithstanding any other provision 

12 of this title, any non-Federal contributions required under 

13 this title to be paid by an Indian tribal government may 

14 be adjusted or waived in accordance with criteria estab15 lished by the President.’’. 

16 (c) DEFINITIONS.—Section 102 of the Robert T. 

17 Stafford Disaster Relief and Emergency Assistance Act 

18 (42 U.S.C. 5122) is amended— 

19 (1) in paragraph (7)(B) by striking ‘‘; and’’ and 

20 inserting ‘‘, that is not an Indian tribal government 

21 as defined in paragraph (6); and’’; 

22 (2) by redesignating paragraphs (6) through 

23 (10) as paragraphs (7) through (11), respectively; 

24 (3) by inserting after paragraph (5) the fol25 lowing: 


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1 ‘‘(6) INDIAN TRIBAL GOVERNMENT.—The term 

2 ‘Indian tribal government’ means the governing body 

3 of any Indian or Alaska Native tribe, band, nation, 

4 pueblo, village, or community that the Secretary of 

5 the Interior acknowledges to exist as an Indian tribe 

6 under the Federally Recognized Indian Tribe List 

7 Act of 1994 (25 U.S.C. 479a).’’; and 

8 (4) by adding at the end the following: 

9 ‘‘(12) CHIEF EXECUTIVE.—The term ‘Chief Ex10 ecutive’ means the person who is recognized by the 

11 Secretary of the Interior as the chief elected admin12 istrative officer of an Indian tribal government.’’. 

13 (d) REGULATIONS.—In promulgating such regula14 tions as the President determines are necessary and ap15 propriate to carry out the provisions of this section, in16 cluding cost share adjustments, the President shall con17 sider unique conditions that affect the general welfare of 

18 the affected federally recognized Indian tribe. 

19 (e) REFERENCES.—Title I of the Robert T. Stafford 

20 Disaster Relief and Emergency Assistance Act is amended 

21 by adding after section 102 the following: 

22 ‘‘SEC. 103. REFERENCES. 

23 ‘‘Except as otherwise specified, any reference to 

24 ‘State and local’, ‘State or local’, or ‘State, local’ govern25 ments or officials in this Act, and all references to ‘local 


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1 government’ in section 417, shall be deemed to refer also 

2 to Indian tribal governments and officials, as appro3 priate.’’. 

Æ 


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