[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2283 Introduced in Senate (IS)]

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.

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

SECTION 1. TRIBAL REQUESTS FOR A MAJOR DISASTER OR EMERGENCY 
              DECLARATION UNDER THE STAFFORD ACT.

    (a) Major Disaster Requests.--Section 401 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) is 
amended--
            (1) by striking ``All requests for a declaration'' and 
        inserting ``(a) In General.--All requests for a declaration''; 
        and
            (2) by adding at the end the following:
    ``(b) Indian Tribal Government Requests.--
            ``(1) In general.--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).
            ``(2) References.--In implementing assistance authorized by 
        the President under this title in response to the request of 
        the Chief Executive of an affected Indian tribal government for 
        a major disaster declaration, references to State and Governor 
        in this title and in section 319 of this Act shall mean Indian 
        tribal government and the Chief Executive of an affected Indian 
        tribal government, respectively.
            ``(3) Savings provision.--Nothing in this subsection shall 
        prohibit an Indian tribal government from receiving assistance 
        under this title through a declaration made by the President at 
        the request of a State under subsection (a) if the President 
        does not make a declaration under this subsection for the same 
        incident.
    ``(c) Cost Share Adjustments for Indian Tribal Governments.--
Notwithstanding any other provision of this title, any non-Federal 
contributions required under this title to be paid by an Indian tribal 
government may be adjusted or waived in accordance with criteria 
established by the President.''.
    (b) Emergency Requests.--Section 501 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191) is 
amended by adding at the end the following:
    ``(c) Indian Tribal Government Requests.--
            ``(1) In general.--The Chief Executive of an affected 
        Indian tribal government may submit a request for a declaration 
        by the President that an emergency exists consistent with the 
        requirements of subsection (a).
            ``(2) References.--In implementing assistance authorized by 
        the President under this title in response to the request of 
        the Chief Executive of an affected Indian tribal government for 
        an emergency declaration, references to State and Governor in 
        this title and in section 319 of this Act shall mean Indian 
        tribal government and the Chief Executive of an affected Indian 
        tribal government, respectively.
            ``(3) Savings provision.--Nothing in this subsection shall 
        prohibit an Indian tribal government from receiving assistance 
        under this title through a declaration made by the President at 
        the request of a State under subsection (a) if the President 
        does not make a declaration under this subsection for the same 
        incident.
    ``(d) Cost Share Adjustments for Indian Tribal Governments.--
Notwithstanding any other provision of this title, any non-Federal 
contributions required under this title to be paid by an Indian tribal 
government may be adjusted or waived in accordance with criteria 
established by the President.''.
    (c) Definitions.--Section 102 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended--
            (1) in paragraph (7)(B) by striking ``; and'' and inserting 
        ``, that is not an Indian tribal government as defined in 
        paragraph (6); and'';
            (2) by redesignating paragraphs (6) through (10) as 
        paragraphs (7) through (11), respectively;
            (3) by inserting after paragraph (5) the following:
            ``(6) Indian tribal government.--The term `Indian tribal 
        government' means the governing body of any Indian or Alaska 
        Native tribe, band, nation, pueblo, village, or community that 
        the Secretary of the Interior acknowledges to exist as an 
        Indian tribe under the Federally Recognized Indian Tribe List 
        Act of 1994 (25 U.S.C. 479a).''; and
            (4) by adding at the end the following:
            ``(12) Chief executive.--The term `Chief Executive' means 
        the person who is recognized by the Secretary of the Interior 
        as the chief elected administrative officer of an Indian tribal 
        government.''.
    (d) Regulations.--In promulgating such regulations as the President 
determines are necessary and appropriate to carry out the provisions of 
this section, including cost share adjustments, the President shall 
consider unique conditions that affect the general welfare of the 
affected federally recognized Indian tribe.
    (e) References.--Title I of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act is amended by adding after section 102 the 
following:

``SEC. 103. REFERENCES.

    ``Except as otherwise specified, any reference to `State and 
local', `State or local', or `State, local' governments or officials in 
this Act, and all references to `local government' in section 417, 
shall be deemed to refer also to Indian tribal governments and 
officials, as appropriate.''.
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