    [Senate Hearing 112-211]
    [From the U.S. Government Publishing Office]

                                                            S. Hrg. 112-211

                      FACING FLOODS AND FIRES: EMERGENCY

            PREPAREDNESS FOR NATURAL DISASTERS IN NATIVE COMMUNITIES

    =======================================================================

                                    HEARING

                                   before the

                          COMMITTEE ON INDIAN AFFAIRS

                              UNITED STATES SENATE

                          ONE HUNDRED TWELFTH CONGRESS

                                 FIRST SESSION

                                   __________

                                 JULY 21, 2011

                                   __________

             Printed for the use of the Committee on Indian Affairs

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                          COMMITTEE ON INDIAN AFFAIRS

                       DANIEL K. AKAKA, Hawaii, Chairman
                     JOHN BARRASSO, Wyoming, Vice Chairman
    DANIEL K. INOUYE, Hawaii             JOHN McCAIN, Arizona
    KENT CONRAD, North Dakota            LISA MURKOWSKI, Alaska
    TIM JOHNSON, South Dakota            JOHN HOEVEN, North Dakota
    MARIA CANTWELL, Washington           MIKE CRAPO, Idaho
    JON TESTER, Montana                  MIKE JOHANNS, Nebraska
    TOM UDALL, New Mexico
    AL FRANKEN, Minnesota
          Loretta A. Tuell, Majority Staff Director and Chief Counsel
         David A. Mullon Jr., Minority Staff Director and Chief Counsel

                                C O N T E N T S

                                  ----------
                                                                       Page
    Hearing held on July 21, 2011....................................     1
    Statement of Senator Akaka.......................................     1
    Statement of Senator Barrasso....................................     2
    Statement of Senator Hoeven......................................     7
    Statement of Senator Johanns.....................................    44
    Statement of Senator Johnson.....................................     3
    Statement of Senator Murkowski...................................     6
    Statement of Senator Tester......................................     5
    Statement of Senator Udall.......................................     3

                                   Witnesses

    Black, Michael S., Director, Bureau of Indian Affairs, U.S.
      Department of the Interior.....................................     8
        Prepared statement...........................................     9
    Dasheno, Hon. Walter, Governor, Pueblo of Santa Clara, Espanola,
      NM.............................................................    58
        Prepared statement with attachments..........................    62
    Fugate, Craig, Administrator, Federal Emergency Management
      Agency, U.S. Department of Homeland Security...................    13
        Prepared statement...........................................    15
    Grinnell, Randy, Deputy Director, Indian Health Service, U.S.
      Department of Health and Human Services........................    29
        Prepared statement...........................................    31
    McMahon, Brigadier General John R., Commander, Northwestern
      Division, U.S. Army Corps of Engineers, U.S. Department of the
      Army...........................................................    26
        Prepared statement...........................................    28
    Tombar, Fred, Senior Advisor for Disaster Recovery, Office of the
      Secretary, U.S. Department of Housing and Urban Development....    33
        Prepared statement...........................................    34
    Wagner, Mary, Associate Chief, Forest Service, U.S. Department of
      Agriculture....................................................    17
        Prepared statement with attachment...........................    19

                                    Appendix

    Cultee, Hon. Clifford, Chairman, Lummi Indian Nation, prepared
      statement......................................................    75
    King, Hon. Randy, Chairman, Shinnecock Indian Nation, prepared
      statement......................................................   103
    Martinez, Hon. Perry, Governor, Pueblo de San Ildefonso, prepared
      statement with attachment......................................    96
    National Congress of American Indians, prepared statement with
      attachment.....................................................    89
    Paul, Kent, CEO, Amerind Risk Management Corporation, prepared
      statement......................................................    81
    Pecos, Hon. Robert, Governor, Pueblo de Cochiti, prepared
      statement......................................................    99
    Smith, Hon. Chad ``Corntassel'', Principal Chief, Cherokee
      Nation, prepared statement.....................................    78
    Super, Hon. Arch, Chairman, Karuk Tribe, prepared statement......    80
    Toledo, Jr., Hon. Michael, Governor, Pueblo of Jemez, prepared
      statement......................................................    87

     FACING FLOODS AND FIRES: EMERGENCY PREPAREDNESS FOR NATURAL DISASTERS
                             IN NATIVE COMMUNITIES

                                  ----------

                            THURSDAY, JULY 21, 2011

                                           U.S. Senate,
                                   Committee on Indian Affairs,
                                                        Washington, DC.
        The Committee met, pursuant to notice, at 2:15 p.m. in room
    628, Dirksen Senate Office Building, Hon. Daniel K. Akaka,
    Chairman of the Committee, presiding.

              OPENING STATEMENT OF HON. DANIEL K. AKAKA,
                        U.S. SENATOR FROM HAWAII

        The Chairman. The Committee will come to order.
        Aloha and welcome to the Committee's oversight hearing on
    Facing Floods and Fires: Emergency Preparedness for Natural
    Disasters in Native Communities.
        This is an incredibly important issue to Tribes and Native
    peoples. In just the past few months, Native communities in New
    Mexico, Montana, Washington, Nebraska, and South Dakota have
    faced floods, fires, tornadoes, and severe storms. Lives were
    lost, homes destroyed, and sacred sites endangered.
        Pertinent to the hearing, the monitor displayed pictures of
    disasters. A map displayed also shows many of the natural
    disasters in Native communities over the past 10 years. I think
    we can all agree that these visuals are very, very moving.
        I have a lifetime of experience in dealing with effects of
    natural disasters. In the middle of the Pacific Ocean, Hawaii
    can be affected by disasters all around the Pacific Rim. Hawaii
    was reminded of its vulnerability in March when a tsunami
    warning and evacuations were issued following the devastating
    earthquake in Japan. Small tropical storms can quickly turn
    into hurricanes and devastate whole communities and islands.
        Hawaii also experiences thousands of earthquakes from
    volcanic activity every year. They can cause loss of life,
    property, and electricity throughout the islands.
        Disasters like these can have lasting effects on people and
    can undermine our sense of community and safety.
        In Hawaii, we have learned time and again the value of
    being prepared and importance of quick and coordinated
    responses when a natural disaster strikes. We have the same
    fears for safety of all people as other Native communities and
    some of the same frustrations dealing with coordination and
    collaboration. In Hawaii, we have to coordinate Federal, State,
    and local efforts among the seven inhabited islands.
        Here in the Continental United States, Tribes deal with at
    least that many agencies in getting aid to their people and
    communities. Today we are fortunate to have six Federal
    witnesses to examine the role of each agency in responding to
    natural disasters. We want to hear what is working well and
    where improvements are needed. We will also hear from a Tribal
    witness who knows firsthand the devastating effects of natural
    disasters.
        From this hearing we hope to identify ways Federal response
    can be improved, both administratively and legislatively, so
    Tribes can prepare for and respond to the natural disasters in
    a way that protects their members, their infrastructure, and
    their cultural resources and homelands.
        At this moment, I want to ask my partner here, Senator
    Barrasso, for his opening statement.

                   STATEMENT OF HON. JOHN BARRASSO,
                       U.S. SENATOR FROM WYOMING

        Senator Barrasso. Well, thank you very much, Mr. Chairman.
    I was actually out in the hall studying that map, another map
    like that out in the hallway, and I really do want to thank you
    for holding this hearing today on emergency preparedness in
    Indian Country.
        Often we don't pay much attention to the need for emergency
    preparedness until after there is a disaster, but the risk of
    one form or another of natural disaster in Indian Country is
    not theoretical and, as we can see, it is real, and Indian
    communities need to be prepared to deal with this reality. Each
    year, many Indian communities face the threats of tornadoes,
    hurricanes, floods, fires, and even blizzards. Recent events in
    the Southwest and in Montana and elsewhere have demonstrated
    how serious these kinds of events can be. In some Indian
    communities there are other risks with a potential for great
    damage, from active volcanoes, earthquakes, tsunamis. Given all
    of these risks, it is critical that there be adequate
    preparation and contingency plans in place.
        Now, Mr. Chairman, as we know, Interior's Office of the
    Inspector General recently released a report and that report
    identified inadequacies in the BIA's monitoring of wildland
    fire suppression program costs. Reading some of the findings in
    the Inspector General's report, one can't help but wonder if
    the inadequacies are limited to just cost monitoring.
        So I look forward to hearing from the agencies on how they
    are working with each other and with the Tribes to prepare for
    these serious risks.
        So thank you, Mr. Chairman.
        The Chairman. Thank you very much for your opening
    statement, Senator Barrasso.
        Senator Johnson.

                    STATEMENT OF HON. TIM JOHNSON,
                     U.S. SENATOR FROM SOUTH DAKOTA

        Senator Johnson. Welcome, and I would like to thank you,
    Chairman Akaka and Vice Chairman Barrasso, for holding this
    hearing. This hearing is timely as we are facing unprecedented
    flooding in my home state of South Dakota. These floods are
    impacting the five Tribes along the Missouri River and
    frequently, in recent years, we have had our share of disasters
    in South Dakota, from blizzards to droughts to tornadoes.
    Indian Country has been affected by all of these disasters.
        From most reports I can tell you that cooperation and
    consultation have been positive in this latest disaster.
    However, this has not always been the case. As we examine the
    response and outcome of these disasters, we should also examine
    the possibility of providing our Tribes with the ability to
    appeal directly to the Federal Government for assistance, as
    opposed to working through the State. This would be in line
    with the Federal Government's treaty and trust responsibility
    to American Indians.
        The agencies represented here today have crucial roles in
    responding to disasters in our Indian communities. Though not
    here today, the Department of Transportation also has a role.
    Sadly, one month ago today we lost two Tribal members in the
    Lower Brule Indian reservation when an outdated culvert failed
    and a major artery to the reservation washed out. This is a
    terrible tragedy that could possibly have been prevented if the
    culvert had been upgraded.
        I understand the Federal Government is working with the
    Tribe to repair this critical access road, but may only be able
    to restore the road to its original specifications. We need to
    examine if this needs to be changed, if this road previously
    needed an upgrade culvert, or why are we replacing the culvert
    with a culvert that we know to be insufficient.
        As we move ahead, I look forward to working with you,
    Chairman Akaka, and your staff to see what needs to be done to
    get the Tribes the tools they need to respond to disasters that
    hit their reservations.
        The Chairman. Thank you very much, Senator Johnson.
        Senator Udall, please proceed with your statement.

                     STATEMENT OF HON. TOM UDALL,
                      U.S. SENATOR FROM NEW MEXICO

        Senator Udall. Thank you very much, Chairman Akaka, and
    thank you also to Vice Chairman Barrasso for holding this
    timely hearing.
        As the Chairman knows, my state of New Mexico has
    experienced an unprecedented fire season this year, after
    months and months without rain. The actual numbers are
    startling. The U.S. Forest Service calls this the driest year
    in 117 years. They have been keeping numbers for 117 years;
    they have never seen anything this dry. The largest fire in New
    Mexico's history, the Las Conchas fire, still burning and after
    almost a month is only 80 percent contained. The fire has
    burned more than 160 acres. That is more than 244 square miles
    of forest service, Tribal, private, DOE, and BIA land, and it
    has cost almost $45 million to date.
        The Las Conchas fire has burned over 100 homes and other
    structures, hundreds of sacred sites, and damaged natural
    resources. The Jemez Mountains historically burned completely
    in a healthy 30- to 40-year cycle, with fires clearing out the
    underbrush and debris below all Ponderosa pines stands, but
    because of decades of forest fire suppression, some of that
    dating back 100 years or more, the forest of the Jemez
    Mountains have become unhealthy, filled with fuel and
    overcrowded with trees. Much of the Las Conchas fire was a
    catastrophic crown fire, the kind of fire that leaves nothing
    but ash and vitrified impermeable soil behind.
        Now, as the New Mexico monsoon season begins, flooding,
    debris flows, and mud slides are threatening communities below
    the burn watersheds. Many of these communities are Native
    American communities.
        One of these communities is the Santa Clara Pueblo, and I
    look forward to our Santa Clara governor, Governor Walter
    Dasheno, speaking to the Committee during the second panel
    about his Tribe's experiences and efforts to protect homes and
    sacred sites.
        Over 16,600 acres of Santa Clara land was burned by the Las
    Conchas fire in an intensely hot crown fire. Much of the
    Pueblo's forest was burned and the fire came within miles of
    the Santa Clara village. Santa Clara's excellent fire crews
    helped throughout the fire and was on the front lines
    protecting their land and other Federal and private land. When
    the town of Los Alamos was evacuated, the Pueblo of Santa Clara
    and other nearby Tribes opened their doors and facilities to
    the evacuees.
        But as the fire dies down, the work is just getting started
    for Santa Clara and other Pueblos. Already there have been
    several mud slides in Santa Clara Canyon and the debris ponds,
    their fishing ponds are filling with debris. The Army Corps of
    Engineers helped provide 47,000 sandbags to protect structures
    and the Interagency Burn Area Emergency Response Teams continue
    to assess the canyon and do emergency treatments. These
    Interagency BAER Teams continue to assess the threats of
    erosion and flooding, and are taking emergency actions,
    including reseeding severely burned watersheds, creating
    erosion barriers, removing debris, including dead trees,
    cleaning and lining culverts, creating debris ponds, putting in
    floating booms to catch ash in the reservoirs, road and culvert
    repair, and bridge removal.
        There is a lot of work and coordination going into these
    teams and I hope that Governor Dasheno can shed some light on
    how that process is moving forward when he testifies.
        Again, I thank Chairman Akaka for holding this hearing and
    inviting Santa Clara's strong leader, Governor Walter Dasheno,
    to come and give testimony.
        I would also, Chairman Akaka, ask permission. There are
    many other Pueblos that have been impacted by this, and I know
    you generally welcome written testimony, that they might be
    able to give and submit written testimony on the impacts of
    disasters and fires with them. So thank you very much, again,
    for holding this hearing, and look forward to hearing all the
    witnesses.
        The Chairman. Thank you very much, Senator Udall.
        Senator Tester, would you please proceed?

                     STATEMENT OF HON. JON TESTER,
                       U.S. SENATOR FROM MONTANA

        Senator Tester. Yes. Thank you, Mr. Chairman, and thank
    you, Ranking Member Barrasso for holding this hearing. I think
    it is a very important hearing. I want to welcome the Committee
    members. This is a great panel, half a dozen folks who can
    really answer, I think, a lot of questions that need to be
    answered as we address issues of natural disasters in Indian
    Country, and I appreciate the work each and every one of you
    do. I think we see one another too often. So thank you.
        In my state of Montana, American Indians deal with
    everything from severe winter storms, tornadoes, to wildfires,
    to flooding. Right now we are being flooded pretty hard in
    different areas of the State of Montana. Montana always dries
    out; I am sure wildfires will come soon thereafter.
        We had record-breaking rainfall this spring on top of
    record-breaking snow. You know that is a recipe for floods and,
    sure enough, that is exactly what happened; flooded homes,
    flooded hospitals, flooded schools, and flooded businesses.
    There are still places in Montana that are extremely wet. They
    will be wet, probably, into the fall. Then they will have to
    deal with things like mold and other associated problems.
        In fact, last year Rocky Boy, who you are very familiar
    with, Mr. Grinnell, had land flooding and landslides ruin a
    brand new health clinic in Rocky Boy's Indian Reservation that
    took 20 years to get built, and it was taken out in a month. In
    fact, less than a week. And having it wiped out after all the
    work to get it built was pretty devastating.
        These natural disasters not only devastate resources, they
    devastate people and spirit, and it is not good, especially
    with folks who are living in third-world conditions right now.
        Most of us in the room are aware of the Government's
    responsibility, trust obligations for American Indians. In
    those treaties that were signed decades ago, Tribes gave up
    vast quantities of land and resources in exchange for promises
    from the United States Government.
        In preparation for this hearing, I was happy to see that
    various agencies take these situations in their work very
    seriously. However, there are always concerns, and I have
    several. One concern comes directly from Tribal leaders, as
    they tell me that all too often, depending on the situation,
    different programs at different agencies apply and they get
    ping-ponged around a bit. It is very confusing and very time-
    intensive.
        They also tell me all too often they are not partners
    working in a true government-to-government relationship, and
    you guys all know what that means. Instead, they have to wait
    for people within the bureaucracy to decide or potentially even
    the State of Montana to decide.
        I am also concerned about efficiency. When you have several
    different agencies that overlap in their work, oftentimes there
    are extra dollars spent on administration when in fact that
    money needs to be put on the ground and should be put on the
    ground. Quite honestly, I would just tell you from my
    perspective, at this level, that is an issue we can talk about,
    but it is really an issue that the folks at the table right
    here need to really work to do, and that is don't worry about
    the turf, just make sure the money gets to ground so that the
    job gets done. I think that is critically important.
        Now, in Crow Reservation earlier this year they were
    devastated by early spring rains that I just described and
    today Tribal officials still report that 200 families are
    displaced; they are living day-to-day with family members or
    friends or in temporary housing. Most of those folks don't have
    a lot of dough, and their capacity to navigate through a
    complicated Federal bureaucracy and figure out where they
    should go and who is going to pay for what, it ain't gonna
    happen. That is all there is to it. So they need help. And the
    longer we wait, the more expensive it gets to recover.
        So I very much appreciate the work you guys do. I want to
    go back and say that we can always be critical of your work,
    but I very much appreciate the work you do. We just need to
    work on making things more efficient, more streamlined, and
    more user-friendly.
        With that, Mr. Chairman, I have to say I am going to have
    to leave early today, but thank you very, very much for this
    hearing.
        The Chairman. Thank you very much, Senator Tester.
        Senator Murkowski, please proceed.

                   STATEMENT OF HON. LISA MURKOWSKI,
                        U.S. SENATOR FROM ALASKA

        Senator Murkowski. Thank you, Mr. Chairman. I appreciate
    you having this hearing this afternoon. I know many of us on
    the Committee are interested in hearing from our witnesses
    today. My comments will be very brief.
        When I came in, I noted the very, very inaccurate map that
    you have displayed for us. Alaska, as we all know, is not a
    tiny itty-bitty little State up in the upper lefthand corner of
    the United States of America. But I will note to those who are
    looking at it that we have our share of push pins; severe
    storms, flooding, and the fires. The good news for us is we do
    not have any of the yellow or the green push pins, which would
    indicate tornadoes or hurricanes. If we get to that point, I
    would suggest that we all move somewhere else, because we get a
    lot of natural disasters but, fortunately, hurricanes and
    tornadoes are not among them.
        We have learned, we didn't actually need to learn it from
    the GAO reports that have been out there, but most Alaskan
    villages, in fact, 86 percent of our Alaskan villages are
    affected by some level of erosion or flooding, but few qualify
    for Federal assistance. Most of our small villages don't
    qualify for the assistance under the program because they don't
    meet the cost-benefit criteria. This is an issue that we have
    discussed. I will be looking forward to exchanging some
    comments with Administrator Fugate, Mr. Black as we explore
    some of these issues.
        I have had a sit-down with those within FEMA, some others
    within agencies to understand how Alaska, recognizing that we
    are not connected to the rest of the Country, when we face a
    natural disaster, we need to have our own contingency plan
    because we don't have the availability of the neighbors around
    us. Our closest neighbor is Canada, and ensuring that we are
    able to respond to the needs, but recognizing, if you will,
    that most of those push pins out there are in remote
    communities that are not accessible by road, that are very
    limited in their infrastructure, we have some unique problems.
        I look forward to working not only with you, Mr. Chairman,
    and the other Members of the Committee, but with the fine panel
    that we have assembled here as to how we address it. Thank you.
        The Chairman. Thank you very much, Senator Murkowski.
        Now we will receive the statement of Senator Hoeven.

                    STATEMENT OF HON. JOHN HOEVEN,
                     U.S. SENATOR FROM NORTH DAKOTA

        Senator Hoeven. Thank you, Mr. Chairman. I will keep my
    opening comments brief. I look forward to the opportunity to
    ask some questions of each of our witnesses. I want to thank
    you for being here today; thank the Chairman for arranging this
    opportunity to meet with you.
        I don't have to tell at least a number of you that we have
    truly had record flooding in North Dakota and it has affected
    us tremendously, both on our reservations and off. I want to
    thank you up front for the help that we have received,
    important help that we have received from FEMA, in
    conversations, Director Fugate, you and I have had. I guess I
    also want to emphasize that your ongoing help and support is
    going to be incredibly important, and I am going to want to go
    through some of the programs and make sure that we are
    maximizing all possible help and support for individuals that
    have been affected by terrible flooding up to this year.
        Also, General McMahon, good to see you again. Appreciate
    you being up in our state and the protection measures that the
    Corps is undertaking, and, likewise, will want to go through
    and make sure that we are utilizing all of the protection
    measures available at your disposal.
        And certainly, Mr. Black, get your thoughts as well on
    anything else that you think we need to do, but also that we
    can do to help the members of our reservation who this year,
    particularly, have been hit by flooding, as well as, like I
    say, people throughout the State of North Dakota.
        So, again, thanks for being here. I am looking forward to
    your testimony and the opportunity to discuss these important
    issues.
        Thank you, Mr. Chairman.
        The Chairman. Thank you very much, Senator Hoeven.
        I again welcome the first panel of witnesses to the
    Committee today. With that, I appreciate all of the agencies
    who play a major role in responding to natural disasters and
    are with us today. It is important to have you all at the table
    so we can paint a comprehensive picture of the Federal
    Government's response to natural disasters in Native
    communities.
        I want to remind you again, reiterating what Senator Udall
    asked, I want to remind you the record for the hearing will
    remain open for two weeks from today, so we welcome any
    additional written comments for the Committee.
        On the panel we have Mr. Michael Black. He is the Director
    of the Bureau of Indian Affairs at the Department of Interior;
    Mr. Craig Fugate is the Administrator of the Federal Emergency
    Management Agency at the Department of Homeland Security.; Ms.
    Mary Wagner is Associate Chief of Forest Service at the
    Department of Agriculture; Brigadier General McMahon is the
    Commander of the Northwestern Division of the Army Corps of
    Engineers; Mr. Randy Grinnell is the Deputy Director of Indian
    Health Service at the Department of Health and Human Services;
    and Mr. Fred Tombar is the Senior Advisor for Disaster Recovery
    in the Office of the Secretary at the Department of Housing and
    Urban Development.
        Again, welcome to every one of you.
        Mr. Black, we will please proceed with your testimony.

       STATEMENT OF MICHAEL S. BLACK, DIRECTOR, BUREAU OF INDIAN
                AFFAIRS, U.S. DEPARTMENT OF THE INTERIOR

        Mr. Black. Good afternoon, Chairman Akaka, Vice Chairman
    Barrasso, and Members of the Committee. As you said, my name is
    Mike Black, and I am the Director of the Bureau of Indian
    Affairs with the Department of Interior. Thank you for the
    opportunity to present the views of the Department on Facing
    Floods and Fires, Emergency Preparedness for Natural Disasters
    in Native American Communities.
        The Bureau of Indian Affairs provides services directly
    through contracts, grants, or compacts to a service population
    where about 1.7 million American Indians and Alaska Natives who
    are enrolled members of 565 federally recognized Tribes living
    on or near Indian reservations in the 48 contiguous United
    States and Alaska. Programs are funded and operated in a highly
    decentralized manner, with almost 90 percent of all
    appropriations expended at the local level and approximately 63
    percent of appropriations provided directly to Tribes and
    Tribal organizations through grants, contracts, and compacts.
    Tribes and Tribal organizations use the contracted funds to
    employ Tribal police officers, social workers, school teachers,
    foresters, and firefighters, amongst many other professions. In
    addition, Indian Tribes look to the BIA for a broad spectrum of
    services, including emergency response to natural disasters in
    Indian Country.
        Given the Secretary's commitment to improving the safety of
    Indian communities, the DOI Office of Emergency Management,
    OEM, commissioned an expert study on how to improve the BIA's
    ability to support Tribal preparedness, response, recovery, and
    mitigation efforts. The report is expected to be finalized at
    the end of this month.
        As illustrated by the examples in my written testimony, the
    BIA responds to natural disasters, which can vary significantly
    in size and scope, for events as large as Hurricane Katrina to
    small fires on Indian lands. Responses to natural disasters in
    Indian Country require extensive coordination among the
    affected Tribes, Federal agencies, State and local governments.
    While the BIA's role is somewhat limited, BIA personnel are
    most often the first responders to natural disasters in Indian
    Country.
        Fighting fires on Indian land is distinctive from the
    response of other natural disasters in Indian Country. For
    fighting fires, the BIA works within an extensive interagency
    network to provide the needed aircraft engines, dozers, crews,
    overhead and logistical support. The BIA provides both direct
    service to Tribes and technical assistance to Tribes who have
    compacted and/or contracts BIA fire programs. The Tribes have
    the flexibility to compact 638 contract and provide additional
    resources through cooperative agreements for fire suppression.
    Roughly one-third of the fire programs are compacted or
    contracted under the authority of Public Law 93-638.
        To date, there have been over 2,100 fires that have burned
    approximately 138,000 acres of Indian land this U.S. calendar
    year. DOI's Office of Wildland Fire Coordination funds fire
    preparedness, readiness, suppression, and rehabilitation
    activities performed by the Land Management Agencies and the
    BIA. The BIA's Wildland Fire and Aviation Management Program,
    also known as BIA-NIFC, was implemented through the branch of
    Wildland Fire Management based at the National Interagency Fire
    Center in Boise, Idaho. BIA-NIFC represents Indian Country on
    fire management issues addressed at the national interagency
    level. In addition, BIA-NIFC provides guidance to BIA regional
    directors and their fire staff regarding wildland fire and
    aviation management.
        For other non-fire types of natural disasters, such as
    floods, tornadoes, and winter storms, the BIA provides
    assistance with available resources such as personnel,
    equipment, funding, and technical assistance to the Tribes. In
    addition, the BIA assists Tribes in coordination with other
    Federal, State, local agencies and governments in emergency and
    recovery efforts. For example, record winter snowfall in the
    Northern Rocky Mountains, combined with record snow melt and
    spring precipitation, has resulted in record flooding
    throughout the Missouri River basin. The flooding has impacted
    communities and reservations in Montana, North Dakota, South
    Dakota, Nebraska, and Iowa, including at least 20 Tribal
    governments.
        Recently, Crow Agency was hit hard by flooding, and the BIA
    was able to assist the Tribe with the procurement of clean
    drinking water, assisted in boat rescues, provided cots and
    blankets to shelters, inspected BIA dams and transportation
    infrastructure on the reservation, helped to fill and place
    sandbags, and made BIA equipment and personnel resources
    available to the Tribe.
        The BIA continues to provide assistance with ongoing
    flooding and fire situations affecting many of the Tribes
    today.
        This concludes my statement, and I would be happy to answer
    any questions. Thank you.
        [The prepared statement of Mr. Black follows:]

      Prepared Statement of Michael S. Black, Director, Bureau of Indian
                    Affairs, U.S. Department of the Interior
    I. Introduction
        Good afternoon Chairman Akaka, Vice-Chairman Barrasso, and Members
    of the Committee, my name is Mike Black and I am the Director of the
    Bureau of Indian Affairs at the Department of the Interior. Thank you
    for the opportunity to present the views of the Department of the
    Interior (DOI) on Facing Floods and Fires--Emergency Preparedness for
    Natural Disasters in Native Communities.
        The Bureau of Indian Affairs (BIA) provides services directly or
    through contracts, grants, or compacts to a service population of about
    1.7 million American Indians and Alaska Natives who are enrolled
    members of 565 Federally recognized Tribes living on or near Indian
    reservations in the 48 contiguous United States and Alaska. Programs
    are funded and operated in a highly decentralized manner, with almost
    90 percent of all appropriations expended at the local level, and
    approximately 63 percent of appropriations provided directly to Tribes
    and Tribal organizations through grants, contracts, and compacts.
    Tribes and Tribal organizations use the contracted funds to employ
    Tribal police officers, social workers, school teachers, foresters, and
    firefighters. In addition, Indian Tribes look to the BIA for a broad
    spectrum of services, including emergency response to natural disasters
    in Indian Country.
        Given the Secretary's commitment to improving the safety of Indian
    communities, the DOI Office of Emergency Management (OEM) commissioned
    an expert study on how to improve the BIA's ability to support Tribal
    preparedness, response, recovery, and mitigation efforts. The report is
    expected to be finalized at the end of this month.
    II. The Department's Response to Natural Disasters Occurring in Native
            Communities
        As illustrated in the examples below, the BIA responds to natural
    disasters of significant variety in size and scope, from events as
    large as Hurricane Katrina to small fires on Indian lands. Responses to
    natural disasters in Indian Country require extensive coordination
    among, the Indian Tribe affected, the Department of Interior components
    including the BIA, local governments and a number of state agencies and
    federal agencies. While the BIA's role is somewhat limited, BIA
    personnel are the first-responder to natural disasters in Indian
    Country. Moreover, the BIA often provides assistance to Tribal
    governments before, during and after an incident. In most instances,
    BIA responds by deploying human resources, equipment, funding,
    providing technical assistance to Tribes and assisting other federal
    agencies.
    III. Hurricane
    A. Hurricane Katrina
        Hurricane Katrina affected six federally recognized Tribes, located
    in Alabama, Louisiana and Mississippi. The BIA responded by sending
    police officers, forestry and firefighters to assist Tribes in Alabama,
    Louisiana, and Mississippi.
        For example, BIA police officers assisted the Tribal police
    department and supported local relief efforts such as conducting house-
    to-house searches and investigating local crimes. The BIA forestry and
    firefighters provided chainsaws and heavy equipment to clear fallen
    trees and other debris from the roads in order for trucks to bring in
    much-needed supplies to the region.
        The BIA's Eastern Regional Office, headquartered in Nashville,
    Tennessee, and the BIA Choctaw Agency in Philadelphia, Mississippi,
    assisted the recovery efforts of the Mississippi Choctaw Tribal
    government, which included arranging for fresh water to be delivered to
    the reservation.
        In the aftermath of Hurricane Katrina, BIA deployed personnel to
    Mississippi to work with the federal agencies and the Tribes. These
    teams operated in the disaster zone for six months.
    IV. Wildland Fires
        To date, there have been over 2,100 fires that have burned
    approximately 138,000 acres of Indian lands this calendar year. \1\ The
    fires have affected BIA offices in the following regions--Northwest,
    Pacific, Rocky Mountain, Southwest Western, Eastern Oklahoma, Southern
    Plains, Eastern and Midwest. Wildland fire suppression on federal lands
    is an interagency effort with assistance provided by federal, Tribal,
    state and local cooperators. No single department, bureau, Tribal
    government or agency can go it alone to provide the needed aircraft,
    engines, dozers, crews, overhead and logistical support.
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        \1\ For the most up to date numbers see http://www.nifc.gov/nicc/
    sitreprt.pdf (last visited July 20, 2011).
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        The BIA provides both direct service to Tribes and technical
    assistance to Tribes who have compacted and contracted BIA fire
    programs. The Tribes have the flexibility to compact, 638-contract and
    provide additional resources through cooperative agreements for fire
    suppression. Roughly one-third of the fire programs are compacted or
    contracted under the authority of the Indian Self-Determination and
    Education Assistance Act, Pub. L. No. 93-638, as amended.
        DOI's Office of Wildland Fire Coordination funds fire preparedness,
    readiness, suppression, and rehabilitation activities performed by the
    land management agencies and the BIA. The BIA's Wildland Fire and
    Aviation Management Program (BIA-NIFC) is implemented through the
    Branch of Wildland Fire Management, based at the National Interagency
    Fire Center (NIFC) in Boise, Idaho. BIA-NIFC represents Indian Country
    on fire management issues addressed at the national interagency level.
    In addition, BIA-NIFC provides guidance to BIA Regional Directors and
    their fire staff regarding wildland fire and aviation management. This
    program provides protection for nearly 56 million acres of trust and/or
    protected lands for Tribal governments. BIA-NIFC's first priority is to
    provide for firefighter and public safety in every wildland fire
    management activity. BIA-NIFC provides for effective wildland fire
    protection, fire use and hazardous fuels management, and timely
    rehabilitation on Indian forest and range lands held in trust by the
    United States, based on management plans approved by the Indian land
    owner.
        BIA-NIFC works with various interagency wildland fire coordination
    organizations including DOI's Office of Wildland Fire Coordination
    (OWFC), U.S. Forest Service (USFS), National Association of State
    Foresters (NASF), Federal Emergency Management Agency (FEMA), National
    Wildfire Coordinating Group (NWCG), National Multi-Agency Coordination
    Group, and various Geographic Area Coordination Centers (GACC) located
    throughout the United States. International assistance and coordination
    occur as needed.
        The Fire Management Plan (FMP) process, which identifies and
    integrates all wildland fire management and related activities within
    the context of approved land/resource management plans, provides
    decision support to aid managers in making informed decisions in
    response to unplanned ignitions. The types of resources assigned to
    wildland fires are dependent on fire complexity. Simple fires with low
    complexities are considered Type 5 fires and the most complex fires are
    designated Type 1 fires.
        The BIA's Wildland Fire budget is separated into the following
    accounts or programs:

        Preparedness

        Includes the range of deliberate, critical tasks, and activities
    necessary to build, sustain, and improve the capability to protect
    against, respond to, and recover from wildland fire incidents.

        Suppression

        Suppression funding supports a range of suppression management
    actions from intensive suppression of wildfires to monitoring wildfires
    in areas in which burning accomplishes resource benefits or where it is
    too dangerous to place firefighters. Emergency stabilization actions
    are taken during and immediately following a wildfire to reduce the
    effects of floods, landslides and erosion. Severity funding is the
    authorized use of suppression funding for extraordinary preparedness
    activities. It is used to improve initial response capabilities when
    abnormal, severe wildfire conditions occur, and it is subject to strict
    controls to better manage the expenditure of funds.
        In the event of severe abnormal conditions, agencies and Tribal
    governments in the same geographic region are encouraged to work
    together to request severity funding. Each request must describe the
    current fire situation and include a cost estimate. The completed
    request is submitted to the BIA-NIFC by the Agency/Tribal government
    with concurrence of the BIA Regional Director. Authorization to use
    severity funding is valid for 30 days. Severity extension request are
    allowable and approvals are normally made in 30 day increments.

        Hazardous Fuels Reduction

        DOI funds the treatment of hazardous fuels across Indian Country.
    These treatments can occur within the Wildland Urban Interface (WUI),
    primarily with DOI wildland fire hazardous fuels funding and outside
    the Wildland Urban Interface (non-WUI) with other BIA land management
    funds. The WUI are fire-prone areas where wildland fuels meet and mix
    with homes and other urban fuels.

        Burned Area Rehabilitation (BAR)

        This program has funding to stabilize and prevent unacceptable
    degradation to natural and cultural resource, to minimize threats to
    life or property resulting from the effects of a fire, or to repair,
    replace, or construct physical improvements necessary to prevent
    degradation of land or resources.

        Emergency Stabilization (ES)

        This program is for emergency treatments to minimize threats to
    life or property or to stabilize and prevent unacceptable degradation
    to natural and cultural resources resulting from the effects of a
    wildfire.

    A. Las Conchas Fire--New Mexico
        The Las Conchas Fire is a very complex wildfire fire that was
    managed by as many as three Type I Teams at its peak. Last month, the
    Las Conchas Fire burned onto the Santa Clara Pueblo Indian Reservation,
    located in New Mexico, and burned 16,000 acres of the Santa Clara
    Canyon watershed. The fire also burned over 3,100 acres of the Jemez
    Pueblo Reservation, and 63 acres on the Kewa Pueblo Reservation
    (formerly known as Santo Domingo). As of the writing of this testimony,
    the Las Conchas Fire is 75 percent contained. \2\ The fire threatens
    animal and fish habitats, air quality, water quality, cultural sites,
    and medicinal and food gathering sites. The fire also created an
    additional loss of commercial timber base. In addition, the fire puts
    village and Tribal residents at risk to flooding from coming monsoon
    rains.
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        \2\ See http://www.nifc.gov/nicc/sitreprt.pdf (last visited July
    20, 2011).
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        The BIA Southwest Region currently has fire crews deployed to the
    Las Conchas Fire. The Regional and Agency Fire Management Officers
    (FMO) and Assistant FMO's coordinated the information flow with local
    agencies and provided resource advisors to the Type 1 Incident
    Management Teams (IMT). The BIA Southwest Regional Director served as
    the Point of Contact for the Type 1 IMT and Area Command Team (ACT),
    and the BIA Agency Superintendents attended the daily briefings of the
    Type 1 IMTs.
        In response to the Las Conchas Fire, DOI's Burned Area Emergency
    Response (BAER) Team assessed the damage to and potential threats to
    Indian lands. The Team's first priority has been the Santa Clara
    Canyon. The DOI BAER Team joined other BAER teams to make up the Las
    Conches BAER Team. The Las Conches BAER Team has divided the fire into
    the North Zone and South Zone. The task of the Team is to collaborate
    and share resources to provide a unified approach to assessing fire
    effects.
        The BIA assigned a Pub. L. No. 93-638 Contract Self Determination
    Specialist to work with the Santa Clara Pueblo to speed contracting
    procedures for emergency stabilization projects.
    B. White Swan Fire--Washington
        On February 12, 2011 the White Swan Community on the Yakama
    Reservation was hit with gale force winds causing damage to 262 homes
    and structures. As a result of the winds, a small chimney fire grew out
    of control and pushed a fire through the community of White Swan. The
    fire burned 225 acres and made over 80 Tribal members homeless. The
    White Swan Fire was a Type 3 fire.
        During the White Swan Fire incident, BIA Yakama Agency personnel
    coordinated with the Yakama Tribe and county fire districts to contain
    and control the White Swan Fire. Personnel from the BIA Northwest
    Regional Office (NWRO) and the Yakama Agency provided direct services
    to organize and implement post-fire community support and relief. The
    NWRO provided over 75 person-hours of direct support and the Yakama
    Agency staff provided over 460 person-hours of direct support. In
    addition, to assist the Yakama Nation and its members, the BIA
    transferred $20,000 to the Tribe via a Pub. L. No. 93-638 contract for
    repairs to damages homes owned by enrolled members of the Yakama
    Nation.
        Agencies contributing to the recovery effort included the Yakama
    Tribal Government, the Tribe's Emergency Management Team, the BIA, the
    Indian Health Service (IHS), FEMA, the U.S. Department of Agriculture,
    Yakima County, utility companies and numerous faith-based volunteer
    organizations.
    V. Floods
        Record winter snowfall in the Northern Rocky Mountains combined
    with record snowmelt and spring precipitation has resulted in record
    flooding throughout the Missouri River Basin. The flooding has impacted
    communities and reservations in Montana, North Dakota, South Dakota,
    Nebraska and Iowa. The flooding has affected at least 20 Tribal
    governments.
    A. Flooding of Crow Tribe Reservation, Montana
        In May, Crow Tribe's Reservation experienced severe flooding. The
    Tribe quickly established a Unified Command and the Incident Command
    Team included officials from the Crow Tribe, the BIA, Indian Health
    Service and Big Horn County Department of Emergency Services (Big Horn
    DES). The BIA procured clean drinking water, assisted in boat rescues,
    provided cots and blankets to shelters, inspected BIA dams on the
    Reservation, helped to fill and place sandbags and made BIA equipment
    available.
        Agencies contributing to the recovery effort included the BIA, Big
    Horn DES, Indian Health Service, BLM, National Weather Service, Montana
    Highway Patrol, Montana Department of Transportation, U.S. Geological
    Survey, Environmental Protection Agency, American Red Cross, Army Corps
    of Engineers, Bureau of Reclamation, Farm Service Agency, and the
    National Park Service (NPS), to name a few.
    B. Flooding of the Spirit Lake Reservation, North Dakota
        On May 10, 2011, the President declared the State of North Dakota a
    major disaster area and included reservations for the Spirit Lake, Fort
    Berthold and Turtle Mountain. \3\ Rising waters of the Devils Lake
    inundated three key BIA roads and resulted in the loss of access to one
    residence. The total estimated damages for the three roads are
    $800,000.
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        \3\ See http://governor.nd.gov/media-center/news/disaster-
    declaration-approved-north-dakota-flooding (last visisted July 20,
    2011).
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        The BIA and the Federal Highway Administration (FHWA), under Pub.
    L. No. 93-638, obligated $5.9 million during the spring of 2011 to
    construct three-foot-emergency berms along the entire seven miles of
    roads and perimeter levees located on the Spirit Lake Reservation. With
    funding made available through the FHWA and through a partnership with
    the Bureau of Reclamation, which provides on-site technical dam
    construction expertise, the seven miles of roads and perimeter levees
    have been re-designed and are in the process of being re-constructed to
    serve as permanent ``dams'' to current federal standards.
        Roughly 1,200 plus hours have been expended by BIA personnel at the
    Fort Totten Agency and the Great Plains Regional Office including
    resources from Trust Services, Transportation, and Natural Resources.
        Agencies contributing to the recovery effort include the Spirit
    Lake Tribe, the BIA, the IHS, FEMA, the American Red Cross, North
    Dakota Department of Transportation, State Division of Emergency
    Management, and county and city officials.
    VI. Conclusion
        This concludes my statement. I would be happy to answer any
    questions.

        The Chairman. Thank you very much, Mr. Black.
        Mr. Fugate, would you please proceed with your testimony?

      STATEMENT OF CRAIG FUGATE, ADMINISTRATOR, FEDERAL EMERGENCY
        MANAGEMENT AGENCY, U.S. DEPARTMENT OF HOMELAND SECURITY

        Mr. Fugate. Thank you, Mr. Chairman, Senators.
        Mr. Chairman, I think the last time we really had a
    conversation was during my confirmation, and at that time you
    pointed out the issues and challenges of our territories and
    trusts in the Pacific. When I got to FEMA, one of the early
    opportunities I had was to begin working with listening
    sessions, listen to different constituency groups. One of the
    issues that came up very early in dealing with Tribal issues
    and the federally recognized Tribes was the perception, which
    is probably more real than I would have liked to admit at the
    time, that FEMA did not recognize the nation-to-nation
    relationship between the Tribes and the Federal Government, and
    I think it was because of our overriding legislation that
    provides disaster assistance does not recognize that
    relationship.
        The Stafford Act, currently as written, only identifies
    that the governor of a State or territory can request a
    declaration of a disaster from the President of the United
    States. That means that federally recognized Tribes were
    oftentimes depended upon the governor to make that decision,
    and it was also based upon the impact statewide, not Tribal;
    and several here in their previous roles dealt with this where
    they had requested disaster declarations to include Tribal
    areas, but those Tribes also had areas of impact outside of
    their State that was not declared.
        We have taken the following steps at FEMA. The first is in
    recognizing the sovereignty of the Tribes previously, Tribal
    governments were oftentimes required to be a sub-grantee to the
    State of which the declaration was issued to. This produced
    tremendous challenges, particularly in States that have
    constitutional requirements that they do not provide any
    assistance to Tribal governments, but also affected the
    sovereignty of the Tribes that many of them felt that they were
    not in a subservient relationship to the State by being a sub-
    grantee.
        We did changed under the CFR the requirements that allow
    self-determination of the Tribes, once a declaration is issued,
    to be the direct grantee from FEMA for disaster assistance, and
    we have been able to execute that in several recent disasters
    where the Tribe elected to be the direct grantee and not a sub-
    grantee.
        We firmly believe that our responsibility is to continue to
    recognize this is a nation-to-nation relationship, and we also
    must recognize that Tribal governments must have self-
    determination. Through history and practice in some States,
    they work very well and enjoy cost-share and other benefits
    from the State that would not benefit them if they were the
    grantee. Many Tribes don't have the ability, because of the
    complexity of the programs and the size of the Tribe, to serve
    as a grantee because of the financial oversight requirements.
    But where we can and have, we want to recognize that self-
    determination.
        The other areas that we administer are in our grant
    programs. This body, after recognizing the Tribal governments
    initially and homeland security grants weren't getting funding,
    established a minimum of $2 million in the Tribal Homeland
    Security Grant Program. Secretary Napolitano, upon entering her
    office, having served as governor of Arizona and having
    recognized unique challenges that Tribal government has in
    homeland security, under her own authority, directed us to
    increase that to $10 million to provide even greater funding to
    those Tribes seeking those funds.
        We work with Tribal governments to do training specific to
    their needs. Over 2,000 members of over 300 Tribes have been
    through our Emergency Management Institute. We are taking our
    Ready Program, which is our initiative for citizen
    preparedness, and have been working with Tribal leaders and
    elders to develop Ready Indian Country to take preparedness
    tools into the communities.
        But we also work very closely with our Federal partners.
    And again, I think, as you pointed out, sometimes our
    difficulties in working interagency is oftentimes where our
    legislation comes from, the oversight of our committees, and
    the history of our programs.
        We work very well in Stafford Act declarations because we
    have a clear direction of the national response framework
    utilizing our functional supports to do that. But when we are
    not in a declaration, when we don't have the Stafford Act, our
    programs are much more limited because we don't have a prior
    relationship, financially or otherwise, in the Stafford Act to
    provide assistance in disasters that did not warrant a Stafford
    Act declaration.
        So we recognize those challenges. We continue to work these
    issues. But we also understand that dealing with these programs
    have oftentimes complex financial reimbursement models is still
    impact on Tribal governments, particularly when it comes to
    cost share and other activities. So we recognize that and
    continue to work within the authorities we have to streamline
    that process, but we also still recognize that under the
    Stafford Act it is limited to the governor of the State or
    territory to request a disaster declaration of the President,
    and that requirement must be met before any financial
    assistance or direct service provision under assistance from
    the Federal programs can be implemented once the President has
    declared a disaster.
        Thank you, Mr. Chairman.
        [The prepared statement of Mr. Fugate follows:]

     Prepared Statement of Craig Fugate, Administrator, Federal Emergency
            Management Agency, U.S. Department of Homeland Security
    I. Introduction
        Good afternoon Chairman Akaka, Vice Chairman Barrasso, and
    distinguished Members of the Committee. My name is Craig Fugate and I
    am the Administrator of the Federal Emergency Management Agency (FEMA).
    It is an honor to appear before you today on behalf of FEMA to discuss
    Tribal communities and emergency preparedness.
    II. FEMA's Tribal Policy reflects the ``Whole Community''
        To address the demands and challenges of emergency management, the
    work of FEMA is interconnected with all our partners and stakeholders
    in an effort we call the ``Whole Community.'' As part of this effort,
    FEMA and its partners at the federal level; state, local, and Tribal
    governments; non-governmental organizations in the non-profit, faith-
    based, and private sector communities; as well as individuals and
    communities work together to leverage our strengths to support
    emergency management efforts in communities across the country.
        FEMA`s leadership in emergency management comes from diverse
    backgrounds, but we share something vital: direct, on-the-ground
    experience in state, local, and Tribal emergency management. Our
    experiences have helped us realize and appreciate the important role
    that our partners play in disaster preparedness, response, and
    recovery. FEMA`s success is heavily dependent upon our ability to
    communicate, coordinate, support, and work closely with these groups.
        FEMA continues to build on past Tribal partnerships while
    developing new relationships. Tribal communities, with their long
    history in community disaster response and recovery, are a particularly
    important stakeholder in our whole community initiative. FEMA
    recognizes the consistent participation and partnership of American
    Indian and Alaska Native Tribal governments is vital in assisting FEMA
    to achieve its mission.
        FEMA and the Department are committed to enhancing nation-to-nation
    relations with Tribal governments. The first FEMA Tribal Policy was
    created in 1998 after Tribal communities reached out to then-
    Administrator James Lee Witt. The policy forged a commitment to
    building strong and lasting partnerships and assisting Tribes in
    preparing for hazards, reducing vulnerabilities, and recovering from
    disasters.
        Under the current Administration, and Department of Homeland
    Security Secretary Janet Napolitano, FEMA updated and strengthened its
    Tribal Policy, which I signed in June 2010. The new FEMA Tribal Policy
    is even more robust than the previous version and details a more
    collaborative engagement between FEMA and the 565 federally-recognized
    Tribes across the country.
        In the 2010 policy, FEMA commits to nation-to-nation relationships,
    collaboration with Tribes on FEMA policy development with Tribal
    implications, and to minimizing the imposition of unfunded mandates
    upon American Indian Tribes.
        The updated policy reiterates the Agency's view of Tribal
    governments as inherently sovereign nations and not political
    subdivisions of states. To this end, and to the extent permitted by
    law, FEMA consults with Tribal governments and addresses any concerns
    before taking actions that may affect those nations.
        In addition, the new policy expressly states that FEMA will
    identify and take reasonable, appropriate steps to eliminate or
    diminish procedural impediments to working directly and effectively
    with Tribal governments. In particular, the policy states that FEMA
    will review portions of the Robert T. Stafford Disaster Relief &
    Emergency Assistance Act, and other laws, policies, and administrative
    rules in emergency management activities to determine how FEMA may work
    more directly with local Tribal communities.
        FEMA's efforts to work with, and support, the Whole Community are
    echoed in our coordination efforts across the entire emergency
    management team, which is required daily by the National Response
    Framework (NRF) during a federally declared disaster. Through this
    framework, FEMA leads the coordination of communities, Tribes, states,
    the federal government, and private-sector and nongovernmental partners
    to provide effective national responses to emergencies. To support
    Tribal communities, as they face the same range of disasters that other
    jurisdictions face, FEMA Tribal affairs specialists maintains daily
    working relationships with Tribal liaisons at our partner agencies. In
    addition, during active disaster responses and recovery efforts, FEMA
    may use this authority to issue ``mission assignments'' that bring
    specialty assistance from many of our federal partners, such as the
    Bureau of Indian Affairs, U.S. Army Corps of Engineers, U.S. Health and
    Human Services, and U.S. Department of Housing and Urban Development.
    III. Increased Outreach to Tribal Partners
        The updated FEMA Tribal Policy I signed in 2010 was accompanied by
    further outreach and support for American Indian and Alaskan Native
    Tribal governments.
        In my role as the FEMA Administrator, I have tried to engage Tribal
    communities directly and was honored to be a keynote speaker at the
    National Congress of American Indians conferences in 2009 and 2010. I
    also conducted Tribal leader listening sessions after these
    presentations to explain FEMA programs and listen to Tribal issues and
    concerns.
        In December 2010, I participated in a White House Tribal Nations
    Conference attended by representatives of more than 400 Tribes and
    hosted by President Obama, several cabinet secretaries, and other
    senior administration officials. During the event, I participated in a
    breakout session on Criminal Justice and Security for Secretary
    Napolitano that emphasized the new Tribal Law and Order Act of 2010
    (P.L. 111-211), designed to improve the effectiveness of Tribal justice
    systems.
        These direct interactions with Tribal representatives have helped
    me to both learn more about what FEMA can do to support these important
    partners, and provide increased support to Tribal communities. Since I
    came to FEMA, FEMA has increased the number of employees dedicated to
    working with Tribal governments on disaster response, recovery,
    mitigation, and preparedness issues. Even before this increase, FEMA
    had a cadre of Tribal Affairs Stafford Act employees in place who were
    employed and assigned on an as-needed basis to support Federal
    Coordinating Officers during the recovery phase of a disaster response.
        In 2010, FEMA hired ten new permanent, full-time employees as
    Intergovernmental Tribal Affairs Specialists to work out of each of the
    FEMA Regions. This new group of specialized FEMA employees works
    directly with all federally-recognized Tribes within a region to help
    the communities develop disaster mitigation plans and enhance emergency
    management capabilities. They also serve as ambassadors for FEMA and
    the federal government within the Tribal communities by providing
    support in navigating technical requirements and policies.
        FEMA also hired an attorney within the Agency's Office of Chief
    Counsel (OCC) who is trained and experienced in Federal Indian Law.
    FEMA also sponsors a comprehensive training program through the
    Emergency Management Institute (EMI) in Emmitsburg, MD with four
    courses targeted specifically to the Tribal emergency management
    community.
        To further strengthen Tribal communities' emergency management
    capacity, DHS/FEMA in 2010 raised the nationwide total for the Tribal
    Homeland Security Grant Program (THSGP) from less than $2 million, the
    minimum required under the law, to $10 million. The THSGP grants are
    designed to enhance the ability of Tribal nations to prevent, protect
    against, respond to, and recover from potential terrorist attacks and
    other hazards. Tribes are also regular recipients of DHS/FEMA Hazard
    Mitigation Grant Program funds, Emergency Operations Center funds,
    Operation Stonegarden Funds, and Pre-Disaster Mitigation Grant funds.
    IV. Success Stories
        As stated in FEMA's Tribal policy and demonstrated by ongoing
    nation-to-nation relationship building, the Agency is deeply committed
    to honoring the trust relationship and sovereignty of Tribal
    governments. While working within legal constraints that may require
    certain approvals from U.S. States in which a Tribal nation is located,
    FEMA strives for direct communication and collaboration wherever
    possible to ensure that no damage or potential eligibility is
    overlooked, especially as it pertains to the FEMA Public Assistance
    program.
        FEMA Tribal Affairs staff and Regional staff strive to include
    Tribal representatives in day-today emergency management, so that when
    disaster strikes, the Tribal community knows its rights and options
    when applying for federal disaster assistance. Currently, only States
    can request a major disaster or emergency declaration from the
    President under the Robert T. Stafford Disaster Relief & Emergency
    Assistance Act. But, as sovereign nations, Tribes may elect to apply
    for federal disaster assistance either directly or as part of a state's
    disaster request. As direct grantees, Tribes manage their own projects
    and work directly with FEMA officials through the recovery process.
        In 2010, the Chippewa Cree Tribe on the Rocky Boy's Reservation of
    north central Montana forged a new direct grantee relationship with
    FEMA after surviving a flood disaster. The community suffered through
    the destruction of substantial Tribal infrastructure when a foot of
    rain and snowmelt caused more than $31 million worth of damage to
    roads; water and sanitation lines; and their local health clinic. The
    Tribe tried to fund the losses internally but soon went to the state to
    add its request to the state's appeal to the President for a federal
    disaster declaration.
        In June 2010, the President approved the Governor's full request
    for the acknowledged damages at the Rocky Boy's Reservation, enabling
    the Tribe to begin its work as a direct federal disaster assistance
    grantee. As a direct grantee, a Tribe must sign an agreement with FEMA,
    develop a Public Assistance Administrative Plan, comply with audit
    requirements, and pay any required non-federal cost share. Due to the
    severity of the flooding, in the case of the Rocky Boy's Reservation
    the approved declaration was for 100 percent of the approved cost and
    did not require the usual 25 percent state cost share.
        FEMA has also partnered with other federal agencies to support
    Tribes with their housing needs. In a successful one-time program that
    began in 2007, Tribal governments across the nation partnered with FEMA
    to use government excess manufactured housing. In accordance with
    Congressional guidelines and following excess property regulations,
    unused manufactured homes were transferred to Tribal governments. FEMA
    worked in consultation with the General Services Administration and the
    Department of Housing and Urban Development (HUD), as well as Tribal
    governments, to develop a distribution plan so that all Tribes had an
    equitable chance to participate.
        These homes met all HUD housing regulations for air quality with
    specifications equivalent to units purchased off-the-lot. As a
    component of the partnership, Tribal governments did not pay to
    purchase the units, but were responsible for transportation and unit
    set up. HUD determined that the costs were considered eligible for
    reimbursement under the Indian Housing Block Grant program.
    V. Conclusion and Looking Ahead
        Efforts to enhance FEMA's relationships with Tribal nations are
    ongoing and FEMA is committed to working closely with this important
    community. In the coming weeks, FEMA will announce a new campaign for
    FEMA's Ready.gov Campaign called Ready Indian Country.
        Ready Indian Country is an initiative designed to promote
    preparedness within Tribal communities through education and outreach
    in an effort to save lives and prevent property losses. The program
    will use public outreach and the support of Tribal elders to encourage
    individuals and families in Indian Country to take the basic steps
    necessary to prepare themselves for potential emergencies. Ready Indian
    Country will provide a foundation for Tribal communities to enhance
    citizen preparedness while serving as a resource for the development
    and implementation of community pre-disaster policies and procedures.
        Thank you again for the opportunity to appear before you today to
    discuss emergency preparedness and Tribal communities, I am happy to
    address any questions from the Committee at this time.

        The Chairman. Thank you very much, Mr. Fugate.
        Ms. Wagner, will you please proceed with your testimony?

    STATEMENT OF MARY WAGNER, ASSOCIATE CHIEF, FOREST SERVICE, U.S.
                       DEPARTMENT OF AGRICULTURE

        Ms. Wagner. Chairman Akaka, Members of the Committee, I am
    Mary Wagner, Associate Chief of the Forest Service. Thank you
    for the opportunity to appear before you today to present on
    this important topic.
        I am going to leave you with a few nuggets. The work we do
    with relationships. The Forest Service and the USDA recognize
    the inherent sovereign status and reserved rights of Tribes. We
    see consultation as the cornerstone of the Federal-Tribal
    relationship and Forest Service line officers from the district
    level, the forest level, the regional level, and the national
    level frequently meet and consult with Tribal leaders that have
    treaty and other federally protected rights on national forest
    system lands.
        I want to talk a little bit about the work we do before the
    incident or in this case I am going to use fire as an example.
        Fuels treatment is an important preparedness strategy for
    public lands. The implementation and utilization of vegetative
    fuels treatment is critical for land management agencies,
    including Tribal nations, to reduce the risk of wildland fires.
    Because Arizona and New Mexico have gotten so much attention of
    late, in the Southwest region, as an example, over the last
    five years, $200 million has been invested, resulting in over
    835,000 acres treated to reduce hazardous fuels and make
    landscapes more resilient to fire.
        Congress has recognized the importance, the utility and
    value of fuels treatment and has created legislation to assist
    land management agencies to become more effective in
    implementing fuels treatments. Examples like the Collaborative
    Forest Restoration Program in New Mexico, which also created
    the Southwestern Ecological Restoration Institute, the Tribal
    Forest Protection Act, and the Collaborative Forest Landscape
    Restoration Act are among those pieces of legislation that
    Congress has recognized as important.
        I want to talk a little bit about preparedness, what we do
    before the incident. Preparedness for us is really to set the
    stage for success and build relationships before an invent. We
    conduct it in an interagency environment and it includes
    activities with Federal agencies, Tribal, local, and State
    resources to prepare for an upcoming season.
        Taking actions to determine priorities for firefighter and
    public safety, identifying resources at risk, to stage or
    preposition assets when conditions indicate; to seek severity
    funding to augment assets so they are available in high fire
    danger situations. We host pre-season training; we work in the
    interagency environment to do that. We provide the interagency
    community with daily and long-term weather forecasts so people
    can be prepared. It is all work that is conducted in
    partnership with interagency cooperators and partners.
        The work we do during the fire: The Forest Service and the
    Department of the Interior manage the primary Federal wildland
    fire suppression crews and assets. Tribes, State foresters, and
    local fire protection districts also provide fire suppression
    crews and assets to the interagency effort and service partners
    to the Federal agencies. Fire suppression crews and
    firefighting assets are shared and assigned by an interagency
    system. Incident management teams show up to a fire when one
    breaks. They arrive at an incident often with Tribal liaison
    specialists to initiate consultation with Tribes and develop
    management strategies for the incident. Tribes also reciprocate
    often by providing dedicated Tribal resource advisors to the
    incident management team.
        The work we do after the fire, importantly, is the Burned
    Area Emergency Response, and, Mr. Udall, you described that
    very, very well. Common posted fire threats include flash
    flooding, mud flows, rock fall, hazard trees, and high-impact
    erosion. As an example, to assist and coordinate the BAER
    activities of the Los Conchas fire, an interagency group of
    managers was assigned to an area command team. The group
    includes Pueblos affected by both the Los Conchas and Pacheco
    fires, and includes Pueblo government officials, New Mexico
    State Forestry, Bureau of Indian Affairs, National Park Service
    Bureau of Land Management, and the Forest Service. Meetings are
    convened and all the interagency representatives come to
    discuss the issue of recovery and coordination.
        Through mutual agreement, all of the parties agree to a
    national incident management organization being assigned to
    coordinate all of the BAER efforts among various jurisdictions.
    Tribal consultation is a key part of that. Tribes help us
    identify sacred sites, cultural sites, and traditional cultural
    properties, and help us mitigate and stabilize treatments for
    those important sites.
        USDA agencies and programs assist with post-burn watershed-
    wide consequences to soil and vegetation resources, as well as
    impacts to Tribe and private lands. We have nutrition and food
    programs, land conservation programs, crop and livestock loss
    programs, loan programs and housing assistance. We stand at the
    ready to assist.
        This concludes my testimony and I would be happy to answer
    any questions. Thank you.
        [The prepared statement of Ms. Wagner follows:]

      Prepared Statement of Mary Wagner, Associate Chief, Forest Service,
                         U.S. Department of Agriculture
    Introduction
        Chairman Akaka, Ranking Member Barrasso and members of the
    Committee, I am Mary Wagner, Associate Chief of the U. S. Forest
    Service. Thank you for the opportunity to appear before you today to
    present the role of United States Department of Agriculture (USDA) and
    the Forest Service in assisting Native American communities to prepare
    for and respond to natural disasters such as wildfires and floods.
    Government-to-Government Relationship With Tribes
        Native Americans have a unique status established by the
    Constitution. The Forest Service and USDA are committed to a
    government-to-government relationship with federally recognized Native
    American Tribes. At the Forest Service, we recognize that Tribal people
    were the original stewards of the lands that now comprise the National
    Forest System. In addition, for some National Forest System lands the
    Forest Service is responsible for fulfilling treaty obligations of the
    United States. Much National Forest System land now shares borders with
    Tribal land. As part of the government-to-government relationship, the
    Forest Service often consults and coordinates with Tribes in the
    management of National Forest System lands and the provision of Forest
    Service program services. Through this process, the Forest Service
    seeks to understand and identify areas for common management
    objectives, as well as to recognize differing landownership and
    management objectives. The Forest Service intends to be good neighbors
    and foster beneficial collaborative relationships and partnerships with
    Tribes in the management of common landscapes and ecosystems.
        There are a number of Federal laws that build upon the
    Constitutional bedrock of the sovereignty of Tribal governments. Key
    among those laws for the Forest Service are the Federal Land Policy and
    Management Act (FLPMA) of 1976 and the National Environmental Policy
    Act (NEPA) of 1969, both of which provide opportunities for
    consultation and coordination and commit agency employees to seek and
    encourage active Tribal participation in many aspects of land
    management and program services administration and delivery. In the
    National Forest Management Act of 1976 (NFMA) land management planning
    process, the Forest Service consults with Tribes and invites their
    participation In addition, Forest Service line officers (Chief,
    Associate Chief, Deputy Chiefs, Regional Foresters, Station Directors,
    Area Director, Forest Supervisor and District Rangers), in accordance
    with agency policy, frequently meet and consult with the leaders of
    Tribes that have treaty and other Federally protected rights on
    National Forest System lands. Executive Order 13175, Consultation and
    Coordination with Indian Tribal Governments, requires Federal agencies
    to develop an ``accountable process'' for ensuring meaningful and
    timely input by Tribal officials in the development of regulatory
    policies that have Tribal implications. Forest Service Manual (FSM) and
    Forest Service Handbooks (FSH) further define and clarify agency policy
    with respect to Tribes and are used extensively throughout the agency.
    Forest Service--Fire Preparedness
        The Forest Service is responsible for managing nearly 193 million
    acres of National Forest System lands in 42 states and Puerto Rico. We
    manage these lands mindful of the role they play in providing clean
    water, wildlife and wildlife habitat and other resources valued by
    communities and neighboring landowners, including Tribes. The Forest
    Service has a long and largely successful history of consulting and
    coordinating with Tribes in a government-to-government relationship on
    all aspects of forest and natural resource conservation and management,
    including wildland fire preparedness and wildfire suppression response.
    In the interagency environment of wildland fire management, the
    wildland fire management agencies of Tribes and Bureau of Indian
    Affairs (BIA) are full partners in managing wildland fires, including
    coordinating and allocating assets to prepare for and suppress wildland
    fire.
        The Forest Service also assists Tribes prepare for wildland fire
    through the Cooperative Fire Assistance Program. Tribes may apply to
    for assistance in training wildland fire fighters and acquiring
    firefighting equipment through the State Forester.
        Through coordination and unified command within a geographical
    area, interagency leaders determine priorities for fire fighter and
    public safety, identify resources at-risk to wildland fire, and
    identify post-burn fire rehabilitation needs. For example, in the
    Southwest Area, interagency wildland firefighting resources are
    coordinated by the Southwest Coordinating Group (SWCG) which includes
    agency representatives from the Forest Service (USDA), the four Bureaus
    of the U.S. Department of the Interior (the Bureau of Indian Affairs,
    the National Park Service, the Bureau of Land Management, and the Fish
    and Wildlife Service), as well as the States of Arizona and New Mexico.
    In the Southwest Area, the Bureau of Indian Affairs represents Tribes
    with three members on the nine members SWCG. The SWCG manages the
    Southwest Coordination Center (SWCC), which is responsible for
    coordinating and facilitating the movement of wildland firefighting
    assets within the Southwest Area or as needed nationally through the
    National Interagency Coordination Center (NICC) in Boise, Idaho.
        In the extreme fire season of 2011, the Southwest Area engaged in
    daily coordination efforts. Resource allocation decisions between fires
    were made by the SWCG in Multi-Agency Coordination (MAC) meetings. The
    MAC is comprised of representatives from all wildland fire management
    agencies. This information was used in assigning fire fighting assets
    to specific areas or jurisdictions, including Tribal lands where they
    would be able to safely and effectively suppress ignitions in the
    initial attack phase.
        MAC meetings were conducted daily as the Southwest Area reached
    Preparedness Level 5, the highest level of fire suppression
    preparedness. The Intelligence and Predictive Services Program, which
    assesses long-term weather forecasts to determine winter season
    moisture regimes, provided the MAC group with daily and long-term
    weather forecasts as part of the preparedness effort. This information
    is used to set priorities. For example, critical suppression assets,
    such as hotshot crews, are allocated based on expected or forecasted
    weather and/or fire ranking and priority. Wildfire ranking is based on
    the fire's threat to communities, including Tribal communities and
    municipal watersheds; property, including Tribal and private lands, as
    well as, historic and cultural resources; and critical natural
    resources such as threatened and endangered species habitat.
    Forest Service--Fire Suppression
        The Forest Service and the Department of the Interior agencies
    manage the primary Federal wildland fire suppression crews and assets.
    The State Foresters and local fire protection districts also provide
    fire suppression crews and assets to the interagency effort and serve
    as partners with the Federal agencies. Fire suppression crews and
    firefighting assets are shared and assigned by an interagency system
    that includes priority for human health and safety, socio-cultural
    attributes and biological/natural resources. In periods of high fire
    danger or during a wildfire incident, Tribal lands are assigned fire
    prevention and/or suppression crews and assets as fire ignition danger
    increases. When a critical fire ignites or a fire builds into a large
    fire on Tribal lands, interagency fire suppression crews and assets are
    directed to the Tribal agencies that manage the affected lands.
    Incident Management Teams (IMTs) arrive at an incident with Tribal
    Liaison Specialists to initiate consultation with affected Tribes on a
    government-to-government basis as management strategies are developed
    for the incident.
        In 2011, the Southwest Area MAC assigned an Area Command IMT to
    supervise the multiple IMTs assigned to suppress each of the large
    wildfires. One of the missions for the Area Command is to provide
    responsive service to and coordination with government officials and
    community leaders, including Tribal leaders for the affected Nations.
    Several national Type 1 IMTs were assigned to the record-setting Wallow
    Fire in Arizona, including one IMT assigned to manage and suppress the
    Wallow Fire on the San Carlos Apache Reservation. For the New Mexico
    Las Conchas Fire, additional IMTs were ordered and inserted due to the
    multiple jurisdictions affected by the fire and a desire by the host
    agencies to ensure adequate attention was given to Tribal lands.
    Forest Service--Burned Area Emergency Response
        The Burned Area Emergency Response (BAER) is a program that
    addresses post-fire emergencies to human life, safety and property, as
    well as, critical natural and cultural resources in the immediate post-
    fire environment on federal lands. Common post-fire threats include
    flash flooding, mudflows, rock fall, hazard trees and high impact
    erosion.
        Under the BAER program, scientists and other specialists quickly
    evaluate post-fire threats to human life, safety, property and critical
    natural or cultural resources including traditional cultural properties
    and sacred sites and take immediate actions to manage unacceptable
    risks. BAER assessments begin when it is safe to enter the burned area,
    but usually before the fire is completely contained. BAER may include
    soil stabilization treatments (e.g., seeding and mulching,) or
    structure stabilization treatments such as road storm proofing (e.g.,
    constructing rolling dips, and removing undersized culverts, to pass
    water and avoid damage).
        For example, to assist and coordinate BAER assessments and
    prescriptions in the complex jurisdictional environment of the Las
    Conchas Fire, an interagency group of managers was assigned to the Area
    Command Team. The group includes the Pueblos affected by both the Las
    Conchas and Pacheco fires and specifically includes Pueblo government
    officials, New Mexico State Forestry, Bureau Indian Affairs, National
    Park Service, Bureau of Land Management, and the Forest Service.
    Meetings were convened with all the interagency representatives to
    discuss the issues of coordination. Through consultation, the Regional
    Forester for the Southwest Region introduced the idea of using a
    National Incident Management Organization (NIMO) Team to coordinate all
    of the BAER efforts among the various jurisdictions. All of the Federal
    agencies, including the Pueblo governments agreed to the NIMO structure
    of coordination and implementation. Indeed, for some areas of the Las
    Conchas Fire BAER assessment and prescriptions are completed.
        Tribal consultation is an important part of Forest Service BAER
    assessments. BAER team personnel and the forest supervisor consult with
    Tribal governments including elders designated by the Nation to
    identify sacred sites, cultural sites and traditional cultural
    properties and to address mitigation or stabilization treatments for
    those sites.
        For example, in response to the Las Conchas and Pacheco fires, the
    Forest Service provided one of its full-time National Incident
    Management Organization (NIMO) teams to assist all agencies and
    jurisdictions affected by the fire by establishing a unified
    interagency organization structure for burn recovery planning and
    implementation. This included numerous agency Burned Area Emergency
    Response (BAER) teams and development of an internal and external
    communication plan.
        To assist and coordinate BAER assessments and projects for the Las
    Conchas and Pacheco fires, an interagency group of managers was
    assigned to the Area Command. The group includes the Pueblos affected
    by the fires and specifically includes officials of the Tribal
    government, New Mexico State Forestry, DOI (Bureau Indian Affairs,
    National Park Service, Bureau of Land Management), and the Forest
    Service. Because of the large area burned by both fires, when the BAER
    teams started to come on-line, it was recognized that an organized
    structure was needed to ensure that the different BAER teams were
    connected, coordinated, and that there was a central point for
    communication with all the Federal, Tribal and state, and local
    officials. Meetings were convened with all the interagency
    representatives to discuss the issues of coordination. The Regional
    Forester for the Southwest Region introduced the idea of using a NIMO
    Team to coordinate all of the BAER efforts. All of the Federal and
    state agencies, including the Tribal governments, agreed to the NIMO
    structure. The team has been in place for a few weeks now and reports
    back to the interagency team.
        USDA agencies and programs assist with post-burn, watershed-wide
    consequences to soil and vegetation resources as well as appurtenances
    and real property on Tribal, and private lands. USDA is acting to
    provide aid, assistance and expertise, both technical and financial to
    the people and property owners affected by the fires or the post-burn
    effects of flooding and erosion. Attached is an appendix of USDA
    agencies, which can support post-fire recovery efforts.
    Forest Service--Fuels Treatments
        The implementation and utilization of vegetative fuels treatments
    is critical for the wildland management agencies including Tribal
    Nations to reduce the risk of severe wildland fires. The Forest Service
    consults as government-to-government with Tribal Nations to design and
    implement purposeful fuels treatments. Fuels treatments must be carried
    out in anticipation of a wildland fire event. It is not practicable to
    commence fuels reduction work when a wildland fire is burning.
        Wildfire, a landscape scale phenomenon, acknowledges no political
    or national boundary. Fuels treatments are an on-going fire
    preparedness effort, the purpose of which is to alter fire behavior;
    and the value of which, is only realized when a wildland fire roars to
    existence. Years of arduous efforts with many partners and governments
    in the proposal, planning and implementation stages for fuels treatment
    yield great benefits when a wildfire ignites. Fuels treatments are
    effective in disrupting the alignment of wildfires because the fuel
    structure and arrangement has been modified or changed, and as a result
    fire behavior lessens its intensity thus allowing wildland suppression
    personnel to effectively directly attack the fire. Fuels treatments
    serve as strategic anchor points on the landscape from which to
    implement suppression operations and/or protect property and other
    societal attributes. Congress has recognized the utility and value of
    fuels treatments and has enacted legislation to assist land management
    agencies become more effective in implementing fuels treatments. Two
    examples are: the Collaborative Forest Restoration Program and the
    Tribal Forest Protection Act.
        The Community Forest Restoration Act of 2000 authorized the New
    Mexico Collaborative Forest Restoration Program (CFRP). Since 2001,
    this program has reduced fuels and restored forests, rangelands and
    watersheds on approximately 23,744 of acres in New Mexico including
    approximately 7,137 acres of Tribal lands.
        The Tribal Forest Protection Act of (TFPA) of 2004 provides Indian
    Tribes the opportunity to apply for and enter into stewardship
    contracts to protect Indian forest land, including projects on Federal
    land that borders on or is adjacent to Indian forest land and poses a
    fire or other threat to Indian forest land under the jurisdiction of
    the Indian Tribe or a Tribal community.
        In New Mexico, the Sixteen Springs TFPA project is a forest health
    improvement project designed to reduce hazardous fuels and fire risk to
    a large wildland urban interface community. The Mescalero Apache Tribe,
    a partner in the Greater Ruidoso Area Wildland-Urban Interface Working
    Group, is implementing and managing the stewardship contract on Lincoln
    National Forest. In 2008, the Mescalero Apache Tribe received an
    additional 5,000 acres for their forest stewardship contract in the
    Perk-Grindstone project area situated directly adjacent to Ruidoso, NM.
    When the fuels treatments are completed, the Perk-Grindstone project
    will provide a critical anchor point for wildland fire community
    protection in the Greater Ruidoso area, as well as critical access for
    future forest restoration and fuels reduction projects on the Mescalero
    Apache Reservation.
    Conclusion
        USDA is ready to assist Tribal governments and communities to
    avoid, mitigate or replace lost natural resources, crops,
    infrastructure developments or property due directly to the occurrence
    of the wildfire or the post-burn environmental and social consequences.
    We are committed to our government-to-government relationship as
    Sovereigns with Tribes and welcome the opportunity to consult with
    Tribal governments as the post-fire recovery begins for the land and
    the people. Chairman Akaka, Ranking Member Barrasso, this concludes my
    testimony today; I am happy to answer any question that you or the
    Committee Members may have.
        Attachment
       Fact Sheet: USDA Programs that Assist Individuals and Businesses
                         Following Disaster--July 2011
        USDA's authority to provide emergency assistance for its various
    disaster relief programs exists under the Robert T. Stafford Disaster
    Relief and Emergency Assistance Act, Agriculture Secretary Disaster
    declarations, Food and Nutrition Act of 2008, as well as other
    authorizing legislation.
    Nutrition Assistance
        USDA's Food and Nutrition Service (FNS) provides food assistance to
    those in need in areas affected by a disaster. This Federal assistance
    is in addition to that provided by State and local governments.
        USDA provides disaster food assistance in three ways:

       Provides USDA Foods to State agencies for distribution to
            shelters and other mass feeding sites;

       Provides USDA Foods to State agencies for distribution
            directly to households in need in certain limited situations;

       Authorizes State agencies to issue Disaster Supplemental
            Nutrition Assistance Program (D-SNAP) benefits.

            www.fns.usda.gov/disasters/disaster.htm

        USDA Foods for Disaster Assistance--Under the National Response
    Framework, FNS provides USDA Foods to disaster relief agencies to feed
    people at shelters and mass feeding sites. States can also, with FNS
    approval, release USDA Foods to disaster relief agencies to distribute
    directly to households that are in need. Such direct distribution takes
    place when normal commercial food supplies channels such as grocery
    stores have been disrupted, damaged or destroyed, or are unable to
    function. [Triggering event: With respect to authority provided by the
    Stafford Act, a request by a State Governor and a Presidential disaster
    declaration are required to trigger such authority. No such
    Presidential declaration is required to invoke Section 416 of the
    Agricultural Act of 1949 or the Agriculture and Consumer Protection Act
    of 1973.]
        D-SNAP--FNS can authorize the issuance of D-SNAP when the President
    declares a major disaster with individual assistance. States must
    request that FNS allow them to issue emergency benefits in areas
    affected by a disaster. FNS works closely with States to prepare plans
    for D-SNAP.

       People who might not ordinarily qualify for the Supplemental
            Nutrition Assistance Program (SNAP) may be eligible for D-SNAP
            if they had expenses related to protecting, repairing, or
            evacuating their homes; or if they have lost income as a result
            of the disaster.

       People who are already participating in the regular SNAP may
            be eligible for additional benefits under the D-SNAP.

       Disaster benefits are provided similar to regular program
            benefits--through an EBT card that can be used at authorized
            food retailers to buy food. [Triggering event: Presidential
            disaster declaration for individual assistance under the
            Stafford Act.]

    Landowners, Farmers, Ranchers and Producers Assistance
    Conservation Programs
        Emergency Conservation Program (ECP)--ECP provides funding for
    farmers and ranchers to rehabilitate farmland damaged by wind erosion,
    floods, hurricanes, or other natural disasters, and for carrying out
    emergency water conservation measures during periods of severe drought.
    The natural disaster must create new conservation problems, which, if
    not treated, would: impair or endanger the land; materially affect the
    productive capacity of the land; represent unusual damage which, except
    for wind erosion, is not the type likely to recur frequently in the
    same area; and be so costly to repair that Federal assistance is or
    will be required to return the land to productive agricultural use.
    Program availability is subject to the availability of funding. [No
    Presidential or Secretarial declarations required.]

            http://www.fsa.usda.gov/FSA/
            webapp?area=home&subject=copr&topic=ecp

        Emergency Watershed Protection Program (EWP)--The NRCS EWP program
    helps protect lives and property threatened by natural disasters such
    as floods, hurricanes, tornadoes, and wildfires. The program provides
    technical and financial assistance to preserve life and property
    threatened by excessive erosion and flooding. Owners, managers, and
    users of public, private, or Tribal lands are eligible for EWP
    assistance if their watershed area has been damaged by a natural
    disaster. Program availability is subject to the availability of
    funding. [No Presidential or Secretarial declarations required.]

            http://www.nrcs.usda.gov/programs/ewp/

        Emergency Watershed Protection Program--Floodplain Easements--The
    NRCS Emergency Watershed Protection Program Floodplain Easements
    provides for the purchase of floodplain easements as an emergency
    measure. Floodplain easements restore, protect, maintain, and enhance
    the functions of the floodplain; conserve natural values including fish
    and wildlife habitat, water quality, flood water retention, ground
    water recharge, and open space; reduce long-term federal disaster
    assistance; and safeguard lives and property from floods, drought, and
    the products of erosion. Program availability is subject to the
    availability of funding. [No Presidential or Secretarial declarations
    required.]

            http://www.nrcs.usda.gov/programs/ewp/Floodplain/index.html

        Emergency Forest Restoration Program (EFRP)--EFRP provides payments
    to eligible owners of nonindustrial private forest (NIPF) land in order
    to carry out emergency measures to restore land damaged by a natural
    disaster. Program availability is subject to the availability of
    funding. [No Presidential or Secretarial declarations required.]

            http://www.fsa.usda.gov/FSA/
            webapp?area=home&subject=diap&topic=efrpCrops

    Assistance with Crop or Livestock Loss
        Crop Insurance--Producers should contact their crop insurance agent
    or provider as soon as possible to report any losses or prevented
    planting.
        Noninsured Crop Disaster Assistance Program (NAP)--NAP provides
    financial assistance to eligible producers affected by drought, flood,
    hurricane, or other natural disasters. NAP covers noninsurable crop
    losses and planting prevented by disasters. Landowners, tenants, or
    sharecroppers who share in the risk of producing an eligible crop are
    eligible. Eligible crops include commercial crops and other
    agricultural commodities produced for food, including livestock feed or
    fiber for which the catastrophic level of crop insurance is
    unavailable. Also, eligible for NAP coverage are controlled-environment
    crops (mushroom and floriculture), specialty crops (honey and maple
    sap), and value loss crops (aquaculture, Christmas trees, ginseng,
    ornamental nursery, and turf grass sod). [No Presidential or
    Secretarial declarations required.]

            http://www.fsa.usda.gov/FSA/
            webapp?area=home&subject=diap&topic=nap

        Tree Assistance Program (TAP)--TAP was authorized by the 2008 Farm
    Bill and provides partial reimbursement to orchardists and nursery tree
    growers for replanting, salvage, pruning, debris removal and land
    preparation if losses due to natural disasters exceed 15 percent. [No
    Presidential or Secretarial declarations required.]

            http://www.fsa.usda.gov/FSA/
            webapp?area=home&subject=diap&topic=tap

        Supplemental Revenue Assistance Payments Program (SURE)--SURE was
    authorized by the 2008 Farm Bill and covers crop revenue losses from
    quantity or quality deficiencies only those counties and contiguous
    counties declared disaster areas by the Agriculture Secretary or in
    cases where the overall production loss exceeds 50 percent. [Requires a
    natural disaster declaration by the Secretary for production losses
    under 7 U.S.C. 1961(a)]

            http://www.fsa.usda.gov/FSA/
            webapp?area=home&subject=diap&topic=sure

        Emergency Assistance for Livestock, Honeybees, and Farm Raised Fish
    (ELAP)--ELAP was authorized by the 2008 Farm Bill to provide emergency
    relief to producers of livestock, honeybees, and farm-raised fish and
    covers losses from disaster such as adverse weather or other
    conditions, such as blizzards and wildfires not adequately covered by
    any other disaster program. [No Presidential or Secretarial
    declarations required.]

            http://www.fsa.usda.gov/FSA/
            webapp?area=home&subject=diap&topic=elap

        Livestock Forage Disaster Program (LFP)--LFP was authorized by the
    2008 Farm Bill to provide assistance to livestock producers for forage
    losses due to drought and losses due to wildfire on public lands. [No
    Presidential or Secretarial declarations required.]

            http://www.fsa.usda.gov/FSA/
            webapp?area=home&subject=diap&topic=lfp

        Livestock Indemnity Program (LIP)--LIP was authorized by the 2008
    Farm Bill to provide assistance to livestock producers for livestock
    deaths from disaster events, in excess of normal mortality. [No
    Presidential or Secretarial declarations required.]

            http://www.fsa.usda.gov/FSA/
            webapp?area=home&subject=diap&topic=lip

    Loans
        Emergency Loan Program (ELP)--FSA provides emergency loans to help
    producers recover from production and physical losses due to drought,
    flooding, other natural disasters, or quarantine. Emergency loans may
    be made to farmers and ranchers who own or operate land located in a
    county declared by the President as a disaster area or designated by
    the Secretary of Agriculture as a disaster area or quarantine area (for
    physical losses only, the FSA Administrator may authorize emergency
    loan assistance). Emergency loan funds may be used to: restore or
    replace essential property; pay all or part of production costs
    associated with the disaster year; pay essential family living
    expenses; reorganize the farming operation; and refinance certain
    debts. [Triggering event: A quarantine imposed by the Secretary, a
    natural disaster, or a natural disaster or emergency designated by the
    President under the Stafford Act.]

            http://www.fsa.usda.gov/FSA/
            webapp?area=home&subject=fmlp&topic=efl

    Housing Assistance
        Single-Family Housing--For emergency assistance with immediate
    housing contact FEMA. http://www.fema.gov/.
        Once the emergency is over, those wishing to buy or repair a home
    in an eligible rural area may qualify for a loan or loan guarantee
    through USDA. Please contact your local USDA Service Center for
    additional information.
        Loan servicing options are available to help families who
    experience financial problems as a result of the disaster. Servicing
    options include:

       Moratoriums--a temporary period where no payment is
            required--for 6 to 24 months for borrowers who have lost
            employment, sustained severe property damage or medical
            expenses.

       Reamortization--rescheduling loan payments to determine a
            new monthly payment amount--if needed following a moratorium or
            to resolve account delinquency.

        To request loan servicing assistance, borrowers should contact the
    Centralized Servicing Center at:

            USDA Rural Development
            Centralized Servicing Center
            Post Office Box 66889
            St. Louis, MO 63166
            Phone: (800) 414-1226
            TDD: (800) 438-1832

            http://www.rurdev.usda.gov/rd/disasters/disassistance.html

        Multi-Family Housing--Residents in Rural Development-financed
    apartment complexes who are displaced by a natural disaster may apply
    for occupancy at any USDA-financed apartment complex and receive
    special priority consideration for the next available unit. Displaced
    tenants who are receiving Rental Assistance may have their subsidy
    transferred if the complex they move to is eligible for the Rental
    Assistance program.
        Although Rural Development expects borrowers' hazard insurance to
    cover damage costs associated with the disaster, we can consider
    temporary measures to reduce borrowers' financial burdens and work with
    them, if needed, to develop a servicing workout plan.
        To request loan servicing assistance, borrowers should contact
    Multi-Family Housing Specialists in their State Office. Other Links
    that highlight USDA Rural Development program assistance:

            http://www.usda.gov/wps/portal/usda/
            usdahome?navtype=MS&navid=SAFETY
            http://www.disasterassistance.gov/daip_en.portal

    Community Utility Assistance
        Emergency Community Water Assistance Grants--Grants are designed
    for rural communities with a significant decline in quantity or quality
    of drinking water. The population must not exceed 10,000 and median
    household incomes of 100 percent of a State's non-metropolitan median
    household income. Grants may be made for 100 percent of project costs.
    The maximum grant is $500,000 when a significant decline in quantity,
    imminent source shortage or quality of water occurred within 2 years,
    or $150,000 to make emergency repairs and replacement of facilities on
    existing systems.
        To apply, community leaders should contact Utilities Program
    Specialists in their State Office. [No Presidential or Secretarial
    declarations required.]

        The Chairman. Thank you very much, Ms. Wagner.
        General McMahon, would you please proceed with your
    testimony?

            STATEMENT OF BRIGADIER GENERAL JOHN R. McMAHON,
    COMMANDER, NORTHWESTERN DIVISION, U.S. ARMY CORPS OF ENGINEERS,
                      U.S. DEPARTMENT OF THE ARMY

        Mr. McMahon. Good afternoon, Mr. Chairman and Members of
    the Committee. I am Brigadier General John McMahon, the
    commander of the Northwestern Division of the Army Corps of
    Engineers, and I am very pleased to be here today to testify on
    the matter of emergency preparedness for natural disasters in
    Native communities, particularly as it relates to flooding.
        As you know, 2011 has been an extremely challenging year
    for the Nation in terms of tornadoes, fires, and flooding
    across multi-State areas. Along with other Federal agencies,
    Tribes, States, and numerous local entities, the Corps has
    undertaken a multitude of response activities to mitigate the
    risk to the public and its infrastructure.
        The Corps has authority under Public Law 84-99 for
    emergency management activities. Under this authority, the
    Chief of Engineers is authorized to undertake activities
    including disaster preparedness, advanced measures, emergency
    operations such as flood response and post-flood response,
    rehabilitation of flood control works threatened or destroyed
    by flood, protection or repair of federally authorized shore
    protective works threatened or damaged by coastal storms, and
    provisions of emergency water due to drought or contaminated
    source.
        Corps emergency assistance during a flood event is
    temporary in nature to meet the immediate threats and may only
    be undertaken to supplement non-Federal efforts. The assistance
    is to mitigate risk to life and public safety by providing
    protection of critical public infrastructure against flood
    waters. Therefore, the use of Public Law 84-99 precludes the
    protection of private residences and other developments unless
    such protection must be afforded to protect critical public
    facilities and infrastructure within that area. Under the law,
    Tribes and States must commit all available resources such as
    supplies, equipment, funds, and labor, as a general condition
    to receive Corps assistance. These Corps emergency efforts are
    not intended to provide permanent solutions to flood risks.
        To request assistance from the Corps, the Tribe may come
    directly to the Corps with a request that includes a detailed
    assessment of the resources committed, the current actions in
    which the Tribe is engaged, and the type and description of
    assistance being requested, for example, technical or direct.
        The Corps Flood Control and Coastal Emergency appropriation
    account funds preparedness for emergency response to natural
    disasters. Prior to spring flooding, flood packets are sent to
    Tribes in multiple Corps districts. These flood packets contain
    information on Corps authorities under Public Law 84-99, sample
    request letters, information on innovative flood fight
    equipment, a sandbag brochure, and other related flood fight
    information. Information is also placed on the Corps' public
    Internet site and a 24-hour emergency operations phone line is
    distributed.
        Our district commanders, Tribal liaisons and emergency
    management staff personally meet with interested Tribes to
    discuss Corps authorities under Public Law 84-99, share lessons
    learned from previous flood events, conduct tabletop exercises,
    review sandbagging techniques, and strengthen the relationship
    between the Corps and the Tribes.
        The Corps coordinates very closely with all Tribal Nations.
    The Corps has adopted and continues to reinforce a Tribal
    policy principle set consistent with the Department of Defense
    and the Department of the Army guidance. Fundamental to this
    Tribal policy is the Corps' continued recognition of the
    sovereign status of Tribal governments, our obligation to
    consult on a government-to-government basis, and a commitment
    to fulfill our Nation's trust responsibilities to Tribes in
    accordance with the Constitution, treaties, executive orders,
    statutes, and Supreme Court decisions that define that
    responsibility.
        We continue to reach out to Tribes in as many venues as
    possible, including participation by Corps leadership in the
    annual National Conference of American Indians. Although Tribes
    can come directly to the Corps for assistance, close
    coordination also occurs with appropriate State emergency
    management offices. The Corps has also participated in national
    workshops held by Tribal assistance coordination groups which
    provide Federal, Tribal, State, and local agencies an
    opportunity to plan for natural disasters in Native American
    communities and to learn how to work with each other during a
    natural disaster and to learn about partner agency
    capabilities, resources, and responsibilities.
        This year, 23 Tribes located within flood-prone areas in
    the Northwestern Division in both the Columbia and Missouri
    River basins were consulted with in preparation for the 2011
    flood season. From February through July, the Corps responded
    to requests from 17 Tribal Nations across, again, the Columbia
    and Missouri River basins by providing over 300,000 sandbags,
    over 80 rolls of plastic, numerous one-ton sandbags, and
    numerous Crisafulli pumps to protect critical Tribal public
    infrastructure from the threat of flooding. The Corps is also
    engaged with numerous Federal, State, and Tribal agencies to
    coordinate its flood fight response.
        These consultations resulted in multiple Tribes
    understanding the Corps' capabilities and authorities, which
    further facilitated success with the ongoing flood fight. One
    example of the interagency coordination is in North Dakota,
    where the Corps was provided access to the Bureau of Indian
    Affairs communications network in an area with limited
    availability to help ensure reliable communications.
        The Corps fully recognizes the Federal Government's trust
    responsibilities to the Tribes. Tribal liaisons and other Corps
    staff have been and continue to be deployed in the field,
    working directly with Tribes to ensure that the Corps is fully
    aware of and understands the issues and concerns with regard to
    response to flooding response. The Corps will continue to
    engage Tribes in order to be responsive to the needs and
    requests for assistance, and as flooding events occur response
    efforts are and continue to be a priority, and coordination
    will occur to the conclusion of such events.
        Mr. Chairman, I appreciate the opportunity to participate
    in this hearing, and I would be pleased to answer questions of
    you or other Committee members. Thank you.
        [The prepared statement of General McMahon follows:]

      Prepared Statement of Brigadier General John R. McMahon, Commander,
    Northwestern Division, U.S. Army Corps of Engineers, U.S. Department of
                                    the Army
    Introduction
        Mr. Chairman and Members of the Committee, I am Brigadier General
    John R. McMahon, Commander of the Northwestern Division of the U.S.
    Army Corps of Engineers (Corps). I am pleased to be here today to
    testify on the matter of emergency preparedness for natural disasters
    in native communities, particularly as it relates to facing floods. The
    year 2011 has been an extremely challenging time for the nation, in
    terms of tornados and flooding across multi-state areas. Along with
    other federal agencies, Tribes, States and numerous local entities, the
    Corps has a multitude of response activities ongoing to best mitigate
    the public risk from these multiple and inordinate severe weather
    events.
        In regards to response, the Corps has authority under Public Law
    (PL) 84-99, Flood Control and Coastal Emergencies (FCCE) (33 U.S.C.
    701n) (69 Stat. 186), for emergency management activities. Under PL 84-
    99, the Chief of Engineers, acting for the Secretary of the Army, is
    authorized to undertake activities including disaster preparedness,
    Advanced Measures, emergency operations (Flood Response and Post Flood
    Response), rehabilitation of flood control works threatened or
    destroyed by flood, protection or repair of federally authorized shore
    protective works threatened or damaged by coastal storm, and provisions
    of emergency water due to drought or contaminated source.
    Response Activities
        Corps emergency assistance under PL 84-99 during a flood event is
    temporary in nature to meet an immediate threat and may only be
    undertaken to supplement non-federal efforts. The assistance is to
    mitigate risk to life and public safety by providing protection to
    critical public infrastructure against flood waters. Therefore, the use
    of PL 84-99 precludes the protection of private residences or other
    developments unless such protection must be afforded to protect
    critical public facilities and infrastructure within the area. Tribes
    and States must commit all available resources such as supplies,
    equipment, funds and labor as a general condition to receive Corps
    assistance. Furthermore, Corps emergency efforts are not intended to
    provide permanent solutions to flood risks. Therefore, all flood fight
    material removed at the conclusion of a flood event is the
    responsibility of the respective Tribe or State.
        To request assistance from the Corps, the Tribe may come directly
    to the Corps with a request that includes a detailed assessment of the
    resources committed, the current actions in which the Tribe is engaged,
    the type of assistance the Tribe is requesting (technical or direct), a
    point of contact, and specific details with regard to what the Tribe is
    exactly looking for in the way of assistance. Tribes may also request
    assistance from the Corps through appropriate state emergency operation
    centers.
    Preparedness
        The Flood Control and Coastal Emergency appropriation account funds
    preparedness with regard to emergency response to natural disasters,
    flood fighting and search-and-rescue operations, and rehabilitation of
    flood control and hurricane protection structures. Disaster
    preparedness activities include coordination, planning, training, and
    conducting response exercises with local, state, and federal agencies.
    Prior to spring flooding, flood packets are sent to Tribes in multiple
    Corps Districts. Flood packets contain information on Corps authorities
    under PL 84-99, sample request letters, information on innovative flood
    fight equipment, a sandbag brochure, and other related flood fight
    information. Information is also placed on the Corps' public Internet
    site and a 24-hour emergency operations phone line is distributed.
    District Commanders, Tribal Liaisons, and Emergency Management staff
    personally meet with interested Tribes to discuss Corps authorities
    under PL 84-99, share lessons learned from previous flood events,
    conduct tabletop exercises, review sandbagging techniques, and
    strengthen the relationship between the Corps and the Tribes.
    Coordination
        The Corps coordinates very closely with all federal, Tribal, and
    state partners. Although Tribes can come directly to the Corps for
    assistance, close coordination also occurs with appropriate state
    emergency management offices. This year, the Corps used a joint
    information center to coordinate among all response agencies and
    transparently communicates to all affected parties to include Tribes.
    The Corps has also participated in national workshops held by the
    Tribal assistance coordination group which provides federal, Tribal,
    state, and local agencies an opportunity to plan for natural disasters
    in Native communities, to learn how to work with each other during a
    natural disaster in Native communities, and to learn about partner
    agency capabilities, resources, and responsibilities.
    2011 Operations
        This year, twenty-three Tribes located within flood prone areas of
    the Northwestern Division were visited to prepare for the upcoming
    flood season. From February through July, the Corps responded to
    requests from seventeen Tribal Nations located across the Columbia and
    Missouri river basins by providing over 300,000 sandbags, over eighty
    rolls of plastic, numerous one-ton sandbags, and utilizing Crisafulli
    pumps to protect critical Tribal infrastructure from flood threats. The
    Corps was also engaged with numerous federal, state, and Tribal
    agencies to coordinate its flood fight response. This resulted in
    multiple partners understanding the Corps' capabilities and PL 84-99
    authorities, which further helped in the sharing of information with
    Tribal leaders. Additionally, in North Dakota, the Corps was provided
    access to the Bureau of Indian Affairs (BIA)/Department of Interior)
    (DOI) communications network in an area with limited availability, to
    help ensure reliable communications. Staff attended and participated in
    multiple briefings with regional, state, and Tribal leadership,
    attended a variety of public meetings, and also reached out to Tribal
    members via Tribal talk radio.
    Conclusion
        Finally, I would like to emphasize that the Corps fully recognizes
    the Federal Government's trust responsibilities to the Tribes. Tribal
    Liaisons and other Corps staff have been, and continue to be, deployed,
    working directly with Tribes to ensure that the Corps is fully aware of
    and understands the issues and concerns with regard to flooding events.
    The Corps will continue to engage Tribes in this manner to be
    responsive to needs and requests for assistance. As flooding events
    occur, coordination efforts are a priority and coordination will occur
    through to the conclusion of such events.
        Mr. Chairman, I appreciate having the opportunity to participate in
    this hearing. This concludes my testimony. I would be pleased to answer
    any questions you or the Committee may have.

        The Chairman. Thank you very much, General McMahon.
        Now we ask Mr. Grinnell for your testimony.

             STATEMENT OF RANDY GRINNELL, DEPUTY DIRECTOR,
      INDIAN HEALTH SERVICE, U.S. DEPARTMENT OF HEALTH AND HUMAN
                                SERVICES

        Mr. Grinnell. Mr. Chairman and Members of the Committee,
    good afternoon. My name is Randy Grinnell. I am the Deputy
    Director of the Indian Health Service. I am pleased to have
    this opportunity to appear before you today and discuss the
    important issue of emergency and disaster preparedness and
    response in Indian Country.
        IHS plays a unique role within the Department of Health and
    Human Services to meet the special Federal trust responsibility
    of providing health care services and resources to the 565
    federally-recognized Tribes. This comprehensive program is
    provided through a system of IHS-operated, Tribally-operated,
    and urban-operated programs based on authorities founded in
    treaties, judicial determinations, and acts of Congress.
        With its headquarters in Rockville, Maryland, IHS has 12
    area offices that include over 600 IHS and Tribally-operated
    hospitals and ambulatory facilities, as well as 34 urban Indian
    health programs located in 36 States. Most of these are located
    on or near reservations and, along with the urban programs,
    they work in partnership with Tribes and Tribal leadership to
    provide patient care and public health services.
        Tribal governance decisions determine the role and
    relationship that IHS has with each Tribe and how these
    programs are provided. Currently, 54 percent of the resources
    that IHS receives from Congress is now managed by Tribes, as
    evidenced by, in Alaska, 100 percent of the program is now
    managed by the Tribes and the Native corporations in Alaska.
        IHS clinical and program staff have well-established,
    ongoing relationships with Tribes, Tribal organizations, and
    Tribal health programs. These relationships and program
    interactions between IHS and Tribal staff are invaluable during
    emergency responses to disasters. The need to plan and prepare
    for emergencies and disasters is a responsibility of Federal,
    State, local, and Tribal officials. IHS plays a support role in
    disaster preparedness, response, and recovery in Indian
    Country. We recognize how important that role is and our staff
    works to ensure the provision and continuity of health services
    to our patients and communities, regardless of conditions.
        IHS is also committed to improving our technical
    assistance, communication and coordination with Tribal
    emergency preparedness and management programs, and those of
    our Federal partners. IHS medical, environmental health,
    engineering, and behavioral health staff frequently work with
    the Tribes and the health care facilities to plan and prepare
    for things such as floods, wildfires, tornadoes, and
    hurricanes.
        In response to a disaster, IHS staff will help Tribes
    assist damage and needs, locate necessary support and
    resources, and serve as liaisons between Tribal emergency
    management leadership and other Federal partners. If a Federal
    emergency or disaster is declared, IHS then will assume the
    role of Tribal liaisons in support of HHS responses under the
    ESF-8 public health and medical services that contribute to a
    broader Federal response.
        Each of our 12 area offices varies in staff capability and
    capacity. Some of the services at these area offices include
    medical care and medicines; medical logistics and patient
    transport; physical and environmental health safety; potable
    water and sewage system engineering; acquisition and
    operational support; food safety inspection; assessment of
    dwellings, structures, and infrastructure; addressing emotional
    and behavioral health needs, including suicide prevention and
    cluster response.
        Although IHS's primary role is not emergency and disaster
    preparedness, response and recovery planning and operations,
    events may result in a temporary deployment of IHS staff and
    resources between area offices and health care facilities.
    Regardless of the status of any Federal or State emergency
    declaration, IHS headquarters, area office, and local staff
    work to maintain good communication and coordination between
    Tribes and other resources. Department of Human Health and
    Services and IHS also provide support during non-declared
    emergency.
        IHS seeks to provide the best culturally acceptable health
    services to all federally recognized Tribes, while respecting
    their sovereignty and self-determination, and we remain
    committed to providing comprehensive health care services to
    Indian Country in response to emergencies and disasters.
    Finally, IHS is a willing partner to participate in forums to
    help improve this overall process.
        This concludes my remarks and I would be happy to answer
    any questions. Thank you.
        [The prepared statement of Mr. Grinnell follows:]

     Prepared Statement of Randy Grinnell, Deputy Director, Indian Health
             Service, U.S. Department of Health and Human Services
        Mr. Chairman and Members of the Committee:
        Good afternoon. My name is Randy Grinnell, and I am the Deputy
    Director of the Indian Health Service (IHS). I am pleased to have this
    opportunity to appear before you today, and discuss the important issue
    of emergency and disaster preparedness and response in Indian Country.
        The need to plan and prepare for naturally occurring and manmade
    emergencies and disasters is the responsibility of Federal, State,
    local and Tribal officials, as well as individual communities and
    families. Potential threats, risks, and response methodologies may vary
    across the country, but the core principles of having well integrated
    and coordinated preparedness, training, response, and recovery plans
    and programs in place before disaster strikes, is essential, regardless
    of where we live.
        Compared to our Federal, State, local and Tribal partners, IHS has
    a relatively small and limited support role in emergency and disaster
    preparedness, response, and recovery in Indian Country. However, we
    recognize the importance of that role, and strive to ensure the
    provision and continuity of health services to American Indian and
    Alaskan Native (AI/AN) communities, regardless of conditions on the
    ground. IHS is committed to provide the delivery of these services, no
    matter the hazard or environment. Likewise, IHS is committed to
    improving our communication, integration, and coordination with Tribal
    emergency preparedness and management programs, and those of our
    Federal, State, local and non-government organization (NGO) partners.
        I would like to provide a short overview of IHS special trust
    responsibilities to the Tribes, and our support role in emergency and
    disaster preparedness, response, and recovery.
    IHS/Federal Special Trust Responsibilities
        The IHS plays a unique role within the U.S. Department of Health
    and Human Services (HHS), to meet the Federal special trust
    responsibility by providing health services and resources to the five-
    hundred-sixty-five (565) Federally recognized AI/AN Tribes. IHS
    provides comprehensive health services to approximately 1.9 million AI/
    ANs through a system of IHS, Tribal, and Urban Indian (I/T/U) operated
    health service units and programs, based on authorities founded in
    treaties, judicial determinations, and Acts of Congress.
        The mission of the Agency is to raise the physical, mental, social,
    and spiritual health of AI/ANs to the highest level, in partnership
    with the population we serve. The Agency aims to assure that
    comprehensive, culturally acceptable personal and public health
    services, including traditional medicine, are available and accessible
    to the service population. Our obligation is to promote healthy AI/AN
    people, communities, and cultures, and to honor the inherent sovereign
    rights of Tribes.
        The IHS seeks to work in partnership with the Tribal communities it
    serves and, as such, IHS health care facilities and their
    administration includes Tribal representatives who closely participate,
    as key stakeholders, in the health services preparedness and delivery
    system. Current public laws, Federal policies, and individual Tribal
    governance decisions determine the role and relationship IHS has with
    each Tribe, and the corresponding level and methods of health services
    delivery, support, oversight, control, and resources IHS provides.
    These governing authorities often affect Federal-level support to
    Indian Country during emergencies and disasters.
    IHS Organization and Capabilities
        The IHS Headquarters (IHS-HQ) is located in Rockville, Maryland.
    The Agency has twelve (12) strategically located Area Offices across
    the United States, which includes IHS and Tribally operated hospitals
    and ambulatory health centers, as well as 34 Urban Indian health
    programs, located in thirty-six (36) states. The I/T/U health care
    system provides patient care and public health services within Indian
    reservations and communities, and has well-established ongoing
    partnerships with Tribal governments and programs. These daily
    interactions between the IHS and Tribal staff have proved to be
    invaluable during emergency responses to disasters.
        Based on a number of variables, the IHS Area Offices vary in staff
    capabilities of essential health service, including: preventive,
    clinical, surgical, and trauma medicine; behavioral health;
    environmental and public health; facilities, water, and sanitation
    engineering; and, to a very limited extent, emergency and disaster
    management.
    Provision of Health Services in Indian Country, in the Context of
            Emergency and Disaster Preparedness and Response
        IHS and Tribally operated health care facilities are generally
    located on or near Tribal lands, along with the 34 Urban Indian health
    programs, to provide the most convenient and accessible health
    resources and services to local Tribal eligible populations. As
    emergencies and disasters occur in their respective areas, the health
    care programs will continue operations, often in highly stressed
    environments, for as long as they can sustain the operations-tempo, and
    for as long as it remains safe for staff and patients to work and
    receive care at the primary health care facility. Due to their location
    however, and depending on the scope of the emergency or disaster, these
    facilities and staff may be: quickly overwhelmed by the volume of
    patients seeking aid and assistance; understaffed during a disaster or
    emergency period; or often, forced to evacuate their primary facility
    with little or no notice and relocate health services and patients to
    alternate commercial or private care facilities away from the hazard,
    and generally outside of the I/T/U health services system.
        For preparation of plans and training, and in preparation for and
    response to actual emergencies and disasters, IHS staff work with
    Tribal emergency management programs and provide essential technical
    advice, services, and on-scene support. IHS medical, environmental
    health, engineering, and behavioral health staff frequently work with
    the health care facilities and Tribes to help prepare for known
    seasonal and recurring events such as flooding, wildfires, tornados,
    and hurricanes. In the event of unforeseen emergencies and disasters,
    IHS staff may respond to help Tribes assess damage and needs, locate
    necessary support and resources, and serve as liaisons between Tribal
    emergency management leadership and teams, and other Federal partners
    responding to the incident. If a Federal emergency or disaster is
    declared, IHS staff will assume the role of Tribal liaison in support
    of the HHS led Emergency Support Function (ESF#8; Public Health and
    Medical Services) contributing to the broader Federal response.
        Regardless of the status of a Federal declaration, IHS support to
    Tribes includes, but is not limited to the provision of: medical care
    and medicines; physical and environmental health safety; potable water
    and sewage system engineering, acquisition, and operational support;
    food safety inspection; assessment of dwellings, structures, and
    infrastructure; satisfying emotional and behavioral health needs,
    including suicide prevention and cluster response; and, medical
    logistics and patient transport. IHS staff also support the relocation
    of medical records and health services equipment to temporary or
    alternate facilities of opportunity outside the hazard areas. The
    primary purpose of the IHS is not to provide for emergency and disaster
    preparedness, response, or recovery planning and operations. However,
    surge events, may result in the temporary deployment of staffing and
    resources between Area Offices and local health care facilities.
        Inherent in all aspects of the above discussions, and regardless of
    the status of any given State or Federal emergency or disaster
    declaration, IHS HQ, Area Offices, and I/T/U staff seek to maintain
    proactive communication and coordination with all appropriate Tribal,
    local, State and Federal partners to maximize assured integration,
    efficacy, and efficiency of plans and response.
    Complexities Affecting Health Service, and Emergency and Disaster
            Support to Tribes
        Under the Indian Self-Determination and Education Assistance Act
    (ISDEAA), many Tribes across the country have assumed responsibility
    for health care delivery and emergency preparedness within their
    communities during emergency situations. IHS Area Office and HQs staff
    provide technical assistance and support, as appropriate.
        When an emergency or disaster does not receive a Stafford Act
    Presidential emergency or disaster declaration, Tribes may not
    independently request a Presidential emergency or disaster declaration.
    Rather, in such circumstances, Tribes would only be authorized to
    request support and resources from Federal, State, local, NGO and
    private sources. If there is a Presidential declaration, Tribes may
    become direct grantees.
        It is important to note that Tribal leadership and emergency
    management program leaders may find governing statutes, policies,
    regulations, and procedures confusing, and have expressed their
    frustration at times during Tribal listening sessions with Federal
    departments and agencies. IHS also appreciates the attention this
    Committee has given to these expressed concerns by working with Tribes
    to better understand various policies and authorities in how they
    intersect or overlap.
    Summary
        In summary, IHS seeks to provide the best culturally acceptable
    health services to all Federally recognized Tribes, while respecting
    their sovereignty, and self-determination. IHS is committed to
    providing comprehensive health services to Indian Country in response
    to emergencies and disasters, whether Presidentially declared, or not.
    In addition, IHS will continually seek opportunities to improve our
    communication, integration, and coordination with all Federal, State,
    local, Tribal and NGO partners.
        Finally, IHS participates in forums to review, discuss, and improve
    Federal-level coordination, resourcing, and response to Indian Country
    emergencies and disasters.
        This concludes my remarks, and I will be happy to answer any
    questions you may have.
        Thank you.

        The Chairman. Thank you very much, Mr. Grinnell.
        Now we will take the testimony of Mr. Tombar.

             STATEMENT OF FRED TOMBAR, SENIOR ADVISOR FOR
           DISASTER RECOVERY, OFFICE OF THE SECRETARY, U.S.
              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

        Mr. Tombar. Mr. Chairman and Members of the Committee, good
    afternoon. On behalf of Secretary Donovan, I would like to
    thank you for inviting HUD to provide comments today. My name
    is Fred Tombar, and I am a Senior Advisor for Disaster Recovery
    in the Office of the Secretary.
        Let me first reaffirm HUD's support for the government-to-
    government relations with federally organized Native American
    Tribes. HUD is committed to honoring this core principle in our
    work with American Indians and Alaska Natives.
        As you stated, Mr. Chairman, one goal of this hearing is to
    set the stage for greater collaboration among Federal agencies
    and Tribes in preparing for and mitigating against natural
    disasters. To put this into perspective, I would like to first
    describe HUD's programs for assisting Tribes that can be used
    to assist in disaster recovery.
        The Native American Housing Assistance and Self-
    Determination Act of 1996, as amended, or NAHASDA, provides
    formula-based housing block grant assistance for Indian Tribes
    or their Tribally designated housing entities. NAHASDA's Indian
    Housing Block Grant, IHBG, program continues to be the largest
    single source of housing capital in Indian Country. From 1998
    to 2011, over $9.4 billion has been allocated to Tribes for
    affordable housing.
        Our Office of Native American Programs, or ONAP, also
    administers two very successful loan guaranty programs for
    Tribes. As a block grant, the IHBG program is flexible. HUD
    encourages and insists grant recipients to amend their Indian
    housing plans to redirect funds to mitigate damage when
    disasters occur. For example, Tribes with damage from fires or
    floods could reprogram existing IHBG dollars to assist Indian
    families whose homes were damaged or destroyed. In addition,
    NAHASDA permits Tribes to submit proposals at any time of the
    year for model activities to serve residents of affordable
    housing. Under this authority, if approved, Tribes may carry
    out activities to mitigate the effects of disasters that would
    not otherwise be eligible for the program.
        Another HUD program is the Indian Community Development
    Block Grant program that provides Federal aid for Indian Tribes
    and Alaska Native villages to develop viable Native American
    communities. Grants are awarded competitively to eligible
    Indian Tribes and Alaska Native villages to improve the housing
    stock, provide community facilities, make infrastructure
    improvements, fund micro-enterprises, and expand job
    opportunities. Over the last several years, approximately $65
    million has been appropriated for this program annually. Grants
    are awarded to Tribes and qualified Tribal organizations
    pursuant to authorizing legislation. Single-purpose grants are
    awarded competitively pursuant to an annual NOFA, or Notice of
    Fund Availability.
        A key resource available to Tribes to address disasters is
    the imminent threat, or IT component of the ICDBG program. Over
    the last several years, Congress has set aside a portion of the
    ICDBG funds appropriated for emergencies that constitute
    imminent threats to health and safety. For this fiscal year,
    $3.3 million were available. These IT grants alleviate or
    remove threats to health and safety that require an immediate
    solution. IT requests are available on a first come, first
    served basis at any time after NOFA publication. HUD funds are
    available for all eligible requests until expended. Since
    fiscal year 2001, HUD has awarded 75 IT grants, totaling $25
    million. Of those, eight were for Tribes resulting from
    presidentially declared disasters.
        In addition, IT grants that specifically address emergency
    Tribes and Tribal organizations may also reprogram some of the
    existing single-purpose ICDBG funds to address emergency and
    other disaster situations. The ICDBG regulations allow a
    grantee to amend its single-purpose ICDBG to address the
    threats of public safety.
        Thank you for the opportunity to provide comments today,
    and I am available for any questions.
        [The prepared statement of Mr. Tombar follows:]

        Prepared Statement of Fred Tombar, Senior Advisor for Disaster
    Recovery, Office of the Secretary, U.S. Department of Housing and Urban

                                  Development
    Introduction
        Mr. Chairman, Mr. Vice Chairman, and Members of the Committee; good
    afternoon. On behalf of Secretary Shaun Donovan, I would like to thank
    you for inviting HUD to provide comments on the challenges facing
    Native communities and federal agencies in addressing emergency
    responses and preparedness for natural disasters.
        My name is Fred Tombar, and I am Senior Advisor for Disaster
    Recovery in the Office of the Secretary. My comments today will focus
    primarily on the emergency preparedness and disaster mitigation actions
    taken by HUD's Office of Native American Programs (ONAP). ONAP is
    located within the Office of Public and Indian Housing (PIH).
        PIH is responsible for the management, operation and oversight of
    HUD's Native American and Native Hawaiian housing and community
    development programs. These programs are available to 565 federally
    recognized Indian Tribes and the State of Hawaii's Department of
    Hawaiian Home Lands. We serve these entities directly, or through their
    Tribally designated housing entities (TDHE), by providing formula-based
    housing block grants and loan guarantees designed to support affordable
    housing and community development. Our partners are diverse; they are
    located on Indian reservations, in Alaska Native Villages, and on the
    Hawaiian Home Lands.
        It is a pleasure to appear before you, and I would like to express
    my appreciation for your continuing efforts to improve the housing
    conditions of American Indian, Alaska Native and Native Hawaiian
    peoples. From HUD's perspective, much progress has been made. Tribes
    are taking advantage of new opportunities to improve the housing
    conditions of the Native American families residing in Indian Country.
    This momentum needs to be sustained as we continue to work together
    toward creating a better living environment in Native American
    communities.
        Let me first reaffirm the Department of Housing and Urban
    Development's support for government-to-government relations with
    federally recognized Native American Tribes. HUD is committed to
    honoring this core principle in our work with American Indians and
    Alaska Natives.
    Purpose of the Hearing
        One goal of this hearing is to set the stage for greater
    collaboration among federal agencies and Tribes in preparing for and
    mitigating natural disasters. I will begin with an overview of how
    HUD's Office of Native American Programs (ONAP) has coordinated the
    mobilization of its Area ONAPs to respond to disasters, give some
    actual examples of how the Department has responded to recent and past
    natural disasters, and then provide a list of HUD's Native American
    housing and community development programs that can be used to fund
    these efforts.
    HUD/ONAP Coordination Efforts
    ONAP Area Office Disaster Assistance (Tribal Special Assistance) Teams
        In response to unprecedented flood damage on reservations in their
    jurisdiction, HUD's Northern Plains Area ONAP, in conjunction with its
    HUD Region VIII Field Policy Management and Federal partners, took a
    proactive leadership role in bringing together resources and support
    for Tribes. The approach also addressed the Department's Strategic Goal
    to Facilitate Disaster Preparedness, Recovery, and Resiliency. For the
    last several months, in anticipation of the severe flooding conditions
    that are now affecting the area, Northern Plains ONAP has hosted,
    facilitated, and participated in intra- and interagency meetings and
    conference calls to plan a coordinated response.
        Northern Plains ONAP also reached out to the 32 federally
    recognized Indian Tribes located in that region to get updates on any
    flooding damage that occurred. As information and updates were
    obtained, it was shared internally with the other HUD program offices
    and HUD Field Policy Management leadership in the Department's regional
    and field offices, as well as with our sister and partner federal
    agencies.
        The recent flooding impacted 13 Tribes: six Tribes in Montana
    (Crow, Blackfeet, Fort Belknap, Fort Peck, Chippewa Cree and Northern
    Cheyenne), one in Nebraska (Omaha), four in North Dakota (Turtle
    Mountain, Fort Berthold, Standing Rock and Spirit Lake), and two Tribes
    in South Dakota (Sisseton and Yankton).
        In addition to this year's flooding events, there is ongoing
    flooding occurring at the Spirit Lake (formerly Devil's Lake) Nation in
    North Dakota. Devil's Lake and the surrounding bodies of water have
    been rising for approximately 17 years. Water in the Devil's Lake Basin
    continues to rise because there is no outlet. A release of water from
    the basin would have a significant impact on neighboring agricultural
    areas, as well as for Canada. If released, the water would flow into
    Canada. Because of concerns regarding water quality, Canada is
    unwilling to accept an outflow from this water source.
        In a coordinated effort, the Department of Homeland Security's
    (DHS) Federal Emergency Management Agency (FEMA), the Department of
    Transportation (DOT), Indian Health Service (IHS), the Department of
    Agriculture (USDA), HUD, and several other state and federal agencies
    have been collaborating to assist the Tribe and area non-Tribal
    communities for years. ONAP, IHS, and USDA continue working together to
    cooperatively fund a lagoon to replace one that is in danger of
    flooding the community.
    A Model for Coordinated Flood Mitigation: The Spirit Lake Long-Term
            Flood
            Recovery Plan
        Although several Northern Plains Tribes are now experiencing flood
    damage, the North Dakota Spirit Lake Tribe has suffered flood damage to
    its communities for an extensive period of time. In December 2010, the
    Spirit Lake Recovery Plan was issued to provide focused cost- and time-
    efficient strategies to address the 17-plus years of flooding
    experienced by the Tribe. The Plan was generated as a part of FEMA's
    Emergency Support Function 14 (ESF 14 Long-Term Community Recovery),
    and involves numerous Recovery Plan partners at the Tribal, federal,
    state, and local levels. Northern Plains ONAP staff traveled to Spirit
    Lake during September and December to assist in finalizing and
    ``kicking off'' the Recovery Plan implementation.
        In March, the Northern Plains ONAP established a Tribal Special
    Assistance (TSA) Team to provide the highest level of focused technical
    assistance and funding to assist the Spirit Lake Tribe in addressing
    the goals identified in its Long-Term Recovery Plan generated as part
    of the FEMA ESF#14, developed to address flood damage resulting from
    rising lake levels at Spirit Lake.
        The most pressing issue identified by the Tribe is the relocation
    of the sanitation lagoon at St. Michaels. Northern Plains ONAP provided
    intensive on-site and remote technical assistance to the Tribe, and was
    successful in obtaining approval for $900,000 in Indian Community
    Development Block Grant Imminent Threat funds to be used as ``gap
    financing,'' in conjunction with USDA and IHS funds, to relocate the
    lagoon.
        The Northern Plains ONAP TSA Team and its partners are also working
    with the Tribe to address other priority goals in the Recovery Plan.
    For example, there is the need for the Tribe to hire an Economic
    Recovery Manager (using Economic Development Administration funds) to
    assist in coordinating recovery actions on the reservation.
        Northern Plains ONAP and its Region VIII Federal partners (Federal
    Emergency Management Agency (FEMA), the Environmental Protection Agency
    (EPA), United States Department of Agriculture--Rural Development
    (USDA-RD), Indian Health Service (IHS), Bureau of Indian Affairs (BIA),
    Department of Transportation (DOT) and the Department of Commerce-
    Economic Development Administration (DOC-EDA)) are following up by
    partnering with the Tribe and state and local organizations to conduct
    an on-site Hazard Mitigation Assistance Implementation Training and
    Workshop at Spirit Lake. This will occur August 2-4, 2011. This will
    also provide a valuable opportunity for the ESF 14 federal partners to
    brief new Tribal political leadership and assist in orienting the new
    Spirit Lake Long-Term Community Recovery Manager, a new position
    created by the Tribe.
        The HUD Region VIII Administrator traveled to Spirit Lake with his
    counterpart EPA Regional Administrator to view firsthand the flooding
    impact on the Tribal communities, and they provided leadership and
    support in our interagency partnerships to support the Tribe in
    accomplishing its disaster recovery goals.
        The Spirit Lake Long-Term Recovery Plan will be used as a guide
    when assisting pother Tribal governments in disaster planning and
    recovery. Through regular communication with the Recovery Plan
    partners, the TSA Team collaborates to share information, and identify,
    access, and leverage funding needed to accomplish the Tribe's goals.
    The TSA Team also locates and coordinates technical assistance
    resources to enhance the Tribal capacity to plan, implement strategies,
    and sustain its progress towardrecovery. The establishment of the TSA
    Team is a valuable resource that ONAP is in the process of replicating
    in each of its six Area Offices.
    ESF 14--Additional Outreach and Coordination
        In addition to support for the successful Tribal-specific ESF 14
    partnership, Northern Plains ONAP has reached out to the national
    natural hazards academic and professional community to share
    information regarding the unique challenges, opportunities, and best
    practices of applying the ESF 14 principles to Indian Country. Last
    week, the Northern Plains ONAP Administrator was a joint presenter,
    along with representatives from Spirit Lake, Department of Commerce,
    and EPA at the 36th Annual Natural Hazards Research and Applications
    Workshop, hosted by the University of Colorado Natural Hazards Center.
    The panel, moderated by the FEMA National ESF 14 Coordinator, used the
    Spirit Lake Recovery Plan as a case study for illustrating best
    practices in using ESF 14 as a model for working with Tribal
    communities to address long-term disaster recovery.
    EPA and FEMA Coordination
        The Northern Plains ONAP has formed partnerships with several
    federal agencies, including EPA, USDA, BIA, Commerce, Army Corp of
    Engineers, and FEMA. Regular and ongoing communication occurs with the
    EPA Region VIII Tribal Liaison, and the EPA Region VIII ESF 14
    coordinator. In addition, the Northern Plains ONAP participated in a
    planning and coordinating conference call with the FEMA Federal
    Coordinating Officer for South Dakota to share information and
    resources in support of Tribes impacted by floods in that state.
    HUD Coordination
        The Northern Plains ONAP ensures that HUD Region VIII Field Policy
    Management and program office leadership are kept apprised of the
    latest information about Tribes impacted by floods and other disasters
    in their states. They hosted a Region VIII briefing session with the
    Regional Administrator and Program Directors to update them on flooding
    conditions, and to identify additional non-ONAP program resources that
    may be made available to assist Tribes. The Northern Plains ONAP also
    conducts conference calls with the HUD field office directors located
    in the seven states where our Tribal clients are located to update and
    coordinate recovery assistance efforts.
    HUD Disaster Coordination Team
        A Northern Plains ONAP employee is being deployed to a Disaster
    Recovery Center to provide individual assistance to families impacted
    by the floods in Minot, North Dakota. Although off-reservation, some of
    the affected families requiring assistance will be members of nearby
    federally recognized Tribes.
        HUD Region VIII Field Policy Management has a Disaster Recovery
    Team, which includes Northern Plains ONAP staff, to provide immediate
    assistance to families displaced as a result of a disaster. Using
    flexibilities allowed under its existing authorities, HUD can provide
    waivers to facilitate the provision of temporary housing assistance.
    For example, it can provide housing authorities with additional time to
    submit tenant verification, flexibilities in assessments and cost
    limitations, and waivers to increase the flexibility of existing grant
    programs.
        In addition to assisting disaster victims, the Region VIII Field
    Policy Management Disaster Team builds and coordinates cooperative
    relationships and promotes effective partnerships with federal, state,
    and local counterparts including Congressional staff, local and state
    authorities, and community-based organizations so that HUD's disaster
    relief efforts are optimally coordinated. The team develops and
    implements strategy on emergency preparedness planning and training
    with internal and external stakeholders at the field level. Expert
    advice in evaluating HUD's regional and field offices overall
    capability in responding to disasters is provided by the Disaster Team.
    The Disaster Team establishes a coordinated capacity within the
    operating environment that demonstrates HUD's proper role and
    responsibility during disasters to ensure that available HUD programs
    and services are provided to victims. It also provides necessary
    embedded support and assistance to headquarters, regional, and field
    office management in order for the agency to respond effectively to
    disasters.
    Tribal Outreach
        The Northern Plains ONAP is in regular communication with all
    affected Tribes to provide technical assistance and obtain the latest
    information regarding the impact of disaster events on homes, families,
    infrastructure, and the Tribal communities as a whole. They provide
    this information to Headquarters each Thursday for inclusion in the
    Department's Disaster Report to the Secretary.
    Another Model: ONAP's Response to Damage from Hurricanes Katrina and
            Rita
        Five federally recognized Indian Tribes reported damage within
    their service areas due to Hurricanes Katrina (August 29, 2005) and
    Rita (September 24, 2005). Those Tribes are located in the service
    areas covered by two ONAP Area Offices; the Southern Plains Area ONAP
    located in Oklahoma City, and the Eastern Woodlands Area ONAP located
    in Chicago. The Chitimacha, Tunica-Biloxi, and the Alabama Coushatta
    Tribes are served by ONAP's office in Oklahoma City, and the Poarch
    Band of Creek Indians and the Mississippi Band of Choctaws are served
    by the Chicago office. In response to the disasters, the two Area ONAPs
    contacted all affected Tribes on a regular and recurring basis to
    determine the extent of the damages in an effort to help coordinate a
    comprehensive and meaningful response. These efforts included providing
    technical assistance in preparing applications for financial
    assistance.
        Hurricane-related damages at the five Tribes totaled $6,957,000.
    ONAP was able to provide $1,980,278 in assistance through the Imminent
    Threat provisions of the Indian Community Development Block Grant
    Program.
        In May 2006, following Hurricanes Katrina and Rita, HUD's Office of
    Public and Indian Housing conducted a survey of public housing
    agencies, Indian Tribes and Tribally designated housing entities to
    determine their level of preparedness for natural disasters and similar
    events. Included in the survey were questions designed to determine the
    level of related insurance coverage.
        Twelve Tribes were used as a representative sampling. This sample
    size is small, but survey results are consistent with the perceptions
    of HUD staff. Survey results indicated that over 80 percent of Tribes
    had a disaster response/recovery plan, but less than half felt that
    they had sufficient resources to respond to a disaster situation. Half
    of the responders stated that wildfires, tornadoes, or flood-related
    disasters were not specifically identified in their current emergency
    preparedness plan. The survey indicated that all Tribes had property
    insurance based on replacement cost.
    Native American Programs Available to Address Disasters
    Indian Housing Block Grant Program
        The Native American Housing Assistance and Self-Determination Act
    of 1996, as amended, or NAHASDA, provides formula-based housing block
    grant assistance to Indian Tribes or their TDHEs. NAHASDA's Indian
    Housing Block Grant (IHBG) program continues to be the largest single
    source of housing capital in Indian Country. From FY 1998 through FY
    2011, over $9.4 billion has been allocated to Tribes for affordable
    housing. ONAP also administers two very successful loan guarantee
    programs for Tribes.
        As a block grant, the IHBG program is flexible. HUD encourages and
    assists grant recipients to amend their Indian Housing Plans to
    redirect funds to mitigate damage when disasters occur.
    Indian Community Development Block Grant Program
        The Indian Community Development Block Grant (ICDBG) program
    provides federal aid for Indian Tribes and Alaska Native Villages to
    develop viable Native American communities. Grants are awarded
    competitively to eligible Indian Tribes and Alaska Native Villages to
    improve the housing stock, provide community facilities, make
    infrastructure improvements, fund micro-enterprises, and expand job
    opportunities.
        Eligible activities include housing rehabilitation, acquisition of
    land for housing, and assistance for homeownership opportunities for
    low- and moderate-income persons, construction of single- or multi-use
    facilities, streets and public facilities, and economic development
    projects--especially those sponsored by nonprofit Tribal organizations
    or local development corporations.
        The ICDBG program was authorized in Section 106(a)(1) of the
    Housing and Community Development Act of 1974. Over the last several
    years, approximately $65 million has been appropriated for the program
    annually.
        The purpose of the ICDBG program is the development of viable
    Indian and Alaska Native communities, including the creation of decent
    housing, suitable living environments, and economic opportunities
    primarily for persons with low- and moderate-incomes (defined as 80
    percent of the area median).
        Funds can be used for acquisition of real property, housing
    rehabilitation (and new construction in certain cases), public
    facilities, and infrastructure. Grants are awarded to Tribes and
    qualified Tribal organizations. Pursuant to the authorizing
    legislation, single-purpose grants are awarded competitively pursuant
    to an annual Notice of Funding Availability (NOFA).
    ICDBG Imminent Threat Grants
        A key resource available for Tribes to address disasters is the
    Imminent Threat (IT) component of the ICDBG program. Over the last
    several years, Congress has set-aside a portion of the ICDBG funds
    appropriated for emergencies that constitute imminent threats to health
    and safety. For fiscal year 2011, $3,301,080 was available. These IT
    grants are intended to alleviate or remove threats to health or safety
    that require an immediate solution. IT requests are available on a
    first come, first served basis. Applications may be submitted at any
    time after NOFA publication, and if the following criteria are met, the
    request may be funded until the amount set aside is expended. The IT
    request must include the following documentation:

     Independent verification from a third party (i.e., Indian
            Health Service, Bureau of Indian Affairs) of the existence,
            immediacy, and urgency of the threat must be provided;

     Evidence that the threat is not recurring in nature, i.e., it
            must represent a unique and unusual circumstance that has been
            clearly identified by the Tribe or village;

     Evidence that the threat affects or impacts an entire service
            area and not solely an individual family or household; and

     Documentation that funds are not available from other Tribal
            or federal sources to address the problem. The Tribe or village
            must verify that federal or local agencies that would normally
            provide assistance for such improvements have no funds
            available by providing a written statement to that effect. The
            Tribe or village must also verify in the form of a Tribal
            council resolution (or equivalent) that it has no available
            funds, including unobligated Indian Housing Block Grant funds,
            for this purpose. The NOFA includes a ceiling on IT grants. In
            the FY 2008 NOFA, for the first time, ONAP increased the IT
            grant ceiling for Presidentially-declared disasters to
            $900,000. That year and through the FY 2011 NOFA, the ceiling
            on other IT grants is $450,000.

        Since FY 2001, and counting the IT grants awarded so far in FY
    2011, 75 IT grants totaling $25,289,320 have been awarded. Of those,
    eight were made to Tribes resulting from Presidentially-declared
    disasters.
        IT grants have been used for the following purposes: replace dry
    wells; relocate lagoons; address winter storm damage; repair failing
    sewage systems; upgrade water delivery systems; relocate homes and
    repair foundations; remediate mold; repair roads resulting from winter
    storm damage; and provide Hurricane Katrina relief.
        In addition to IT grants that specifically address emergencies,
    Tribes and Tribal organizations may also reprogram some or all of their
    existing Single Purpose ICDBG funds to address emergency and/or
    disaster situations. The ICBDG regulations allow a grantee to amend its
    single purpose ICDBG to address imminent threats to health and safety.
    Conclusion
        This concludes my prepared remarks. I would be happy to answer any
    questions you may have.

        The Chairman. Thank you very much, Mr. Tombar, for your
    testimony.
        At this time, we will take questions, and I am going to
    defer first to Committee members for their questions, so let me
    call on Senator Udall for his comments and questions.
        Senator Udall. Thank you very much, Chairman Akaka.
        For all of the agencies, I want to try to get a sense of
    how well prepared you are in emergency situations. I think each
    of you mentioned, and, Mr. Tombar, you finished up with the
    comment about allocated money for emergency situations, and I
    am wondering when you have hit these kind of emergency
    situations, whether it is flooding or wildfires or hurricanes,
    tornadoes, whatever it is, how much of your budget is dedicated
    to emergency mitigation on an annual basis.
        Do you tend to run out of funds on a regular basis, on a
    yearly basis, looking at that? And how often does that force
    you into diverting funds from other areas? And if you are
    headed down a road that I think some of you might be, is there
    a better way to approach this?
        Mr. Black, why don't we start with you down there? Anybody
    else that wants to answer.
        Mr. Black. Okay, Senator, I would address that basically in
    two different program areas. When you talk about the wildland
    fire program, I think we are much better set up to deal with
    emergency situations there, largely because we have the
    programs, we have the infrastructure and we have the funding to
    deal with wildland fire. We also have the interagency
    coordination available to us.
        Now, when we are dealing with non-fire incidents such
    floods, hurricanes, tornadoes, and winter snowstorms, we are
    not nearly as well equipped. We don't have those type of
    programs available to us; we don't have funding specifically
    set aside to deal with emergency or non-fire emergency type
    situations. We have a limited number of staff available to us
    within the Indian Affairs programs. We have two emergency
    coordinators up at the central office level. Collateral duty is
    how we handle it largely out at the regional and local level.
        Mr. Fugate. Well, Senator Udall, we do have a dedicated
    fund, it is called the Disaster Relief Fund. It is an annual
    appropriation that is based upon a level of disaster impact of
    historical precedents and also deals with outstanding
    disasters. Those funds are available under a Stafford Act
    declaration to provide, depending upon the level of impacts and
    the declaration itself, both programs for individual and family
    assistance, as well as recovery and expenses borne by the
    government dealing with that disaster. So those funds are
    designed to provide disaster response and recovery.
        Under that fund we also have tasking authority to our
    Federal agencies, many of whom, depending upon what the needs
    could be, we actually, with the Corps of Engineers and others,
    when it is outside their authorities, have tasking authority
    from FEMA. An example, up in Minot, we are actually working a
    lot of issues where, through the Federal interagency, either
    through their own authorities or our tasking authority, we can
    get things done. But that fund is our annual appropriation that
    is based upon a level of disaster activity over about a five-
    year average.
        Senator Udall. Thank you.
        Ms. Wagner?
        Ms. Wagner. Senator Udall, we have a specific account,
    Wildland Fire Suppression, that provides us the resources to
    take emergency action on suppression. The suppression account
    does the firefighting activity, as well as the Burned Area
    Emergency Response. You all know we have been in a situation at
    times in our past where we have not had the flexibility and we
    have actually transferred from different accounts to cover our
    fire suppression expenditures. The FLAME Act has certainly
    afforded us more flexibility; we appreciate that, thank you. We
    are working across the Nation on a cohesive wildland fire
    strategy with local, State, Tribal, Federal partners to make
    sure that we can always cover our response actions.
        On presidential declared emergency disasters, the Technical
    Assistance Incident Management team structure and the like can
    be triggered when that is provided, and we provide assistance
    that way.
        Mr. McMahon. Senator Udall, thank you for the question.
    With respect to how well prepared the agency is, I think
    probably the biggest constraint we face is in the Flood Control
    and Coastal Emergencies Account, which is the appropriation
    through which response is funded. This account typically does
    not receive appropriations, so when a disaster occurs, we move
    money around, much like Mary just described, to accommodate the
    activities and response to the flood.
        But I also think your question has another aspect to it,
    which is how well are our fellow citizens prepared. And I would
    argue that I think we are generally rather complacent and
    believe that it won't happen to me, so we don't always invest
    in insurance, as an example, or make evacuation plans or
    evacuation kits. It seems to me that a lot of emphasis should
    go there through whatever means so that people are prepared to,
    first and foremost, take care of themselves and their family.
        Thank you.
        Mr. Grinnell. Yes, Senator Udall, as far as response to
    disasters, Indian Health Service and Tribes, they have two key
    resources: their people, their staff, their medical staff, as
    well as funding that they are able to procure health care
    through the private sector. The Director also has a very
    limited emergency fund that is primarily used whenever there is
    a disaster that affects a health care facility or community,
    and those funds may be made available on a case-by-case basis.
        We also have some funding that addresses water and
    wastewater facilities that usually are affected by disasters,
    and again that funding is limited. Also, Secretary Sebelius has
    at her disposal the Commission Corps of the Public Health
    Service. In disaster situations she can activate those and we
    can reach out and get additional assets to a particular
    location.
        Mr. Tombar. People come to work at HUD because they care
    about housing people and developing communities, and post-
    disaster is when you see the best of HUD come to life. So in
    terms of the preparation of our staff, we are great there. The
    resources, while we do have, as I mentioned, about $3 million
    of an annual appropriation of $65 million that is set aside for
    imminent threats, unfortunately, as is the case this year,
    because there are so many needs to be met through disasters
    federally declared, presidentially declared or not, it often is
    insufficient to address the needs that are there.
        Fortunately, Congress has provided the Secretary with some
    flexibility to provide waivers and meet the needs of some of
    these communities through other appropriations and other
    programs that we have, so we frequently work with Tribes and
    communities that are impacted to notify them of those
    flexibilities and make sure that, to the extent that they can,
    they act on those flexibilities and we provide the waivers that
    are requested.
        Senator Udall. Thank you very much.
        I know we ran over a little bit. I apologize, Chairman
    Akaka and to the other Members of the Committee.
        The Chairman. Thank you very much, Senator Udall.
        Senator Murkowski.
        Senator Murkowski. Thank you, Mr. Chairman. I appreciate
    the responses from each of the panelists on the previous
    question.
        Administrator Fugate, I want to ask you just very briefly.
    When we were together before the Homeland Security
    Appropriation Committee several weeks back now, I brought up
    the flooding that had affected Crooked Creek and Red Devil,
    which are both Alaska Native villages in Western Alaska. The
    President had declared a disaster, as was requested by our
    governor, but the Individual Assistance program was denied, and
    we followed up with the State. They clearly believe that the
    magnitude of loss that was suffered there merited the
    Individual Assistance program.
        But I understand that this situation is not unique, that we
    have many small communities that feel that perhaps they have
    been discriminated or the treatment is just not on a level
    playing field when it comes to the individual assistance, when
    they see the damage to these very isolated communities.
        So two questions to you, really, on this issue: Why do you
    figure individual assistance was not made available? And do you
    agree that we see a situation more often than not with our
    smaller, more rural communities, including some of our Alaska
    Native communities that are disadvantaged when it comes to FEMA
    providing the individual assistance?
        Mr. Fugate. Senator, the assistance is based upon impact to
    the State. And again, when you deal with small communities,
    those numbers oftentimes don't show that it has overwhelmed the
    State's capability. And I recognize many States do not have
    programs for individual assistance, but, again, it is based
    upon, as much as we look at these disasters, we oftentimes find
    ourselves saying this did not exceed the capability of the
    State and we do not issue a disaster declaration.
        That never takes away from the impact to the homes and the
    people that were impacted, but it is a recognition that the
    Stafford Act was not designed to be the first line of provision
    of assistance for any level of disaster. So there are many
    disasters that occur in this Country that will not be declared
    by the President, or they may only be declared for one area or
    category.
        But you do point out one of the challenges that we have,
    that in these reviews we do try to look at and factor in the
    unique case of the ruralness, the impacts to the communities,
    but it is judged based upon the way the Stafford Act directs us
    to, a statewide impact. So in small communities, rural
    communities, and coming from the State of Florida, where I have
    a lot of big cities, but I have some very rural counties, I saw
    many times, when you went and saw the damage, you are going
    this is really bad, but in context to the population of the
    State of Florida, it would not warrant the President declaring
    it.
        Senator Murkowski. It just seems like in so many situations
    you can read the writing before you have even made the
    application, that even though the consequence to that small
    village, that remote community is considerable, is devastating,
    that the way the system is built, that individual assistance
    just can't be there, and your example of the Florida one is
    spot-on; it just causes me to wonder if we need to look at
    perhaps a different approach, a different model here.
        I wanted to ask probably several of you, Mr. Black,
    Administrator, and probably you as well, Mr. Grinnell and Ms.
    Wagner, in terms of the encouragement to train and hire Alaska
    Natives, American Indians in these programs where we are
    responding to natural disasters, in Alaska many Alaska Natives
    up north in the interior are trained and quite competent in
    terms of their wildland firefighting.
        But it seems to me that when we are talking about response
    to a natural disaster, particularly in more remote areas, you
    have a real good fit within many of your Native communities. It
    gives an opportunity for the Native people to travel to the
    disaster site, you work on the disaster, and it is not like you
    have folks coming from the city; you have individuals that are
    used to living out on the land and in some more difficult
    situations. Then when the disaster has been addressed, they are
    able to return to their community, return to a subsistence
    lifestyle.
        What is the priority that is placed on recruiting and
    training our first peoples for some of our emergency response
    teams? And I will let any of you start. Ms. Wagner, you are
    nodding affirmatively. Why don't we let you begin?
        Ms. Wagner. You bet. In different places, in different
    regions and forests across the Country we have specific
    examples where there have been partnerships. I know with the
    economic recovery funding, a couple of Tribal examples where
    crews were actually put in place, given skills and training,
    and are continuing to work on forest restoration projects
    beyond the economic recovery funding. So it is something of
    keen interest to us. Tribal leaders and local line officers
    work often on how we can improve employment opportunities,
    skill development for crews that Tribes or BIA are staffing.
        When it comes to how far and wide do we deploy resources to
    an emergency or an incident, we count on the interagency
    coordination system to basically resource those assets where
    they need to be. So a lot of times we don't see Alaska Native
    crews travel down to the lower 48 unless it is a really extreme
    situation. I think there is opportunity for us to do more, and
    I would be willing to explore that with you further.
        Senator Murkowski. I would like to do that, because I do
    think it is important.
        Mr. Black, Mr. Fugate, what are we doing either within
    FEMA? Go ahead.
        Mr. Fugate. Well, very quickly, FEMA, again, we provide
    training. Over 300 of the Tribes have had folks at our training
    institute in Emmitsburg, as well as we have had workshops with
    institutes of higher education and work with those
    organizations for providing training opportunities.
        As far as hiring goes, again, our issue has always been we
    are geographically based, but when we go into disasters and we
    are in a disaster area, we try to do local hires and hire
    people from the community. So it is really specific to when we
    are in those areas whether to bring in everybody from the
    outside. Our goal is generally about 10 percent of being able
    to hire people locally, bring them into the system because of
    their local knowledge. So that is really dependent upon where
    it occurs and our ability to hire for that disaster.
        Senator Murkowski. Mr. Black?
        Mr. Black. Well, within Bureau of Indian Affairs, we
    actively recruit and employ Native Americans and Alaska Natives
    throughout all of our programs, including our fire and our law
    enforcement programs as well, which are largely our first
    responders and our emergency responding programs.
        Senator Murkowski. Well, I appreciate the comments and I
    think it is important, particularly coming from that small
    State up in the upper left-hand corner in the box, because to
    get resources to us, if we have had an earthquake and our
    airports are down, if we are isolated by the natural disaster,
    which is not too far from a real possibility, we have to rely
    on ourselves, so we need to know that we have had local people
    that have been trained.
        So I would like to make sure that as we build on these
    conversations that I have had with the folks from FEMA, Mr.
    Fugate, and I appreciate you putting that meeting together,
    and, Ms. Wagner, what we can do with Forest Service, I think it
    is important that we really do try to emphasize that local hire
    and making sure that we have the individuals that are trained
    prior to the disaster hitting us.
        Thank you.
        I didn't give you a chance to speak, Mr. Grinnell, because
    I saw that my time was well expired.
        So I appreciate it, Mr. Chairman. Thank you.
        The Chairman. Thank you very much, Senator Murkowski.
        Now Senator Johanns, would you please proceed? You may make
    remarks as well as your questions.

                    STATEMENT OF HON. MIKE JOHANNS,
                       U.S. SENATOR FROM NEBRASKA

        Senator Johanns. Mr. Chairman, thank you. I will pass on
    the remarks just so I can get to questions so I can get to my
    next meeting. All of us have to be two places at once.
        Mr. Fugate, good to see you again. If I could maybe start
    with you. Doing some research for the hearing, I ran across a
    statistic, I think it is accurate, that 45 out of the total 565
    federally recognized Tribes participate in the flood insurance
    program as a Tribe, which seems to me to be just an abysmal
    rate, not good at all. I would like to ask you two things about
    that. Number one, what do you think is driving that low
    participation rate? And, secondly, are there any efforts in
    place to try to boost that participation and are you seeing any
    signs of success?
        Mr. Fugate. I'm sorry, Senator, no success. I think the
    first issue is to challenge that. For a government to be
    eligible to have flood insurance, they must first adopt
    ordinances that require certain practices in building codes
    design that would reduce future risk. I think it is in the
    adoption of that model legislation that requires you not build
    in certain areas, you build certain ways to minimize that flood
    risk is the first hurdle, particularly for smaller Tribes in
    small geographical areas. But that is still a requirement to be
    able to then establish the flood insurance program.
        The second part is too, I think, in many cases, that until
    flooding has taken place and they realize that it is not
    covered under the other programs, and it oftentimes is the best
    line of defense, it is something that we oftentimes find, after
    a flood, there is now interest in doing that. But again, it is
    a program that does require the Tribe to take the first steps
    to adopt the ordinances. And I would agree the scenario we have
    to continue to work on, but it, again, requires to be able to
    do the mapping.
        As the Corps will point out, in many cases we also have to
    look at existing flood control structures and their
    effectiveness, and then provide them with base flood maps, as
    well as their ordinances, before we can begin to offer flood
    insurance. And it would still require individuals to purchase
    that flood insurance to provide that benefit, and for many
    folks that is a cost that they just, right now, aren't able to
    take.
        Senator Johanns. You know, you are describing a problem
    that there are probably some Tribes out there that can address
    it if they make it a priority, but there would be so many
    Tribes that could not; they do not have the resources, the
    staff, the capability. I mean, that is a fairly significant
    undertaking even for a fair sized community, much less a Tribe
    with limited resources and personnel. So if you were to give us
    a suggestion as to an approach, is there a legislative approach
    that we might employ, or are we just stuck here?
        Mr. Fugate. I don't think we are stuck here, and I think it
    is a very good question and I would like to respond in writing.
    I think there are some things that we could look at. There may
    be streamlining of some of that process, but, again, because
    much of this is based upon the jurisdictions being mapped and
    adopting those ordinances, and then enforcing those ordinances,
    which means building codes, land use, and land zoning, it is
    not just merely we can turn the program on. There is some
    overhead that, depending upon what the Tribal government
    already has in place, it may be an incremental increase, it may
    be a hurdle that is so high that it is very difficult to be
    able to get to the point where they could be a flood insurance
    community.
        Senator Johanns. It is not like you folks don't have a few
    things on your agenda at the moment, but I really would request
    that you put some brain power behind this one because it seems
    like a problem that is intractable.
        Mr. Fugate. This will actually be a good case. We updated
    our Tribal policy, and one of the things we recognized is that
    in our general counsel's office we had nobody who specialized
    in Tribal law, nation-to-nation relationships. So this would
    actually be a good question to ask them to go back and look at
    the national flood insurance program as it relates to nation-
    to-nation relationships, and the rules and regulations and what
    are applicable and what may be challenges, and what FEMA can do
    on our own.
        So I think this would be a good test case for our Tribal
    counsel to really look at one specific program and get some
    answers back to you about what that looks like.
        Senator Johanns. That would be great. Feel free to supply
    that to the Chairman and the Ranking Member and the entire
    Committee; I think we would all be interested in how to improve
    that situation.
        General, I would be totally remiss if I didn't say hello
    again. Although this is kind of a localized question, I would
    like you to just give me a quick update on how things are going
    on the Missouri River. Obviously, we are seeing a lot of
    flooding there. What is your current assessment of that
    situation?
        Mr. McMahon. Very briefly, Senator, the good news is we are
    beginning to create space in the reservoir system, and that
    gives us more flexibility than in monitoring release rates
    through the system. Generally speaking, the historical levels
    of releases, especially out of Gavins, which is the last dam in
    the system, remain at 150,000 cubic feet per second, and that
    is causing continued innundation downstream.
        I don't think that situation is going to change much in
    terms of the innundation until we really turn down the spigot
    to about 40,000 cubic feet per second, which will take some
    time through the fall, and at that time the fields will drain
    back into the channel and we will begin the assessment process
    and the follow-up repair.
        Senator Johanns. So barring heavy rain, which can change
    everything very, very quickly, looks like still into the fall
    before we start to see the water recede.
        Mr. McMahon. Yes, sir.
        Senator Johanns. Okay.
        Thank you, Mr. Chairman.
        The Chairman. Thank you very much, Senator Johanns.
        I know Senator Udall has a few questions, and I will have
    my questions after you.
        Senator Udall. Okay. I just have a couple more questions
    here directed to Ms. Wagner and Mr. Black.
        Your agencies continue to participate in the Burned Area
    Emergency Response, the BAER effort, for the Las Conchas and
    Pacheco fires in New Mexico. As you mentioned, there has been
    extensive work on and around Santa Clara Pueblo land, but also
    on other Tribal land, most predominantly Nambe Lake at the
    Nambe Pueblo and at Cochiti Pueblo's lake, both of which are
    downstream of severely burned watersheds. And it is my
    understanding that these BAER Teams working in these areas are
    in the process of proposing actions and getting approval for
    funding.
        Last week I sent letters to your agencies urging that the
    process of approval be expedited with adequate funding for the
    proposed actions. I know some emergency measures have already
    been put in place, but considering the impending monsoon
    season, I again urge you to lend immediate attention to the
    efforts proposed by the BAER Teams in New Mexico.
        And my question is, will you work with your regional
    offices to ensure that the BAER Team process moves quickly for
    the Las Conchas and Pacheco fires? And can you describe if
    there are any barriers that are in place that would prevent us
    from moving fairly quickly on this?
        Ms. Wagner. I appreciate the question, Senator. On both
    Pacheco and Las Conchas, we have approved the BAER requests
    that have come into the national office. Regional offices have
    authority up to $500 million; the Washington office has an
    unlimited authority, so we have been providing some oversight
    for those requests. The most recent approval was done on July
    19th for the Las Conchas second BAER request.
        Senator Udall. Thank you very much.
        Mr. Black?
        Mr. Black. Yes, sir. The latest report I got is the north
    BAER Team, which is the BIA, and we have the south BAER Team,
    which is the Forest Service and National Parks Service, the
    south BAER Team has completed their assessments, and their
    recommendations are being provided; the north BAER Team, which
    is BIA, will have their assessment completed this week, and
    those recommendations will be coming in.
        As of now, we have already approved $500,000 for immediate
    ES actions on the Pueblos affected by Las Conchas and $100,000
    for immediate action on the Nambe Pueblo to date. Then as soon
    as those recommendations, that is a high priority for us to get
    those things moved through.
        Senator Udall. Thank you very much. As I know you all are
    aware, sometimes you see the fire and see what happens as a
    result of the fire and it looks like a tremendous catastrophe,
    but sometimes the worst is the flooding afterwards, especially
    when you get intense heat of these crown fires that put the
    soil in a condition they can't absorb water. So we really
    appreciate you putting your quick attention on this and moving
    it, recognizing that.
        Thank you very much, Mr. Chairman. I am finished with my
    questioning.
        The Chairman. Thank you very much, Senator Udall.
        My question is to the entire panel. In all of your
    testimonies you acknowledge that Tribes are sovereign
    governments with a government-to-government relationship with
    the United States, and that the United States has a trust
    responsibility toward Tribes. However, you also are aware that
    Tribes must go through the governor of a State to be eligible
    for Federal assistance under the Stafford Act. In your opinion,
    do you think the Stafford Act should be amended to allow Tribes
    as governments to request a declaration of emergency from the
    President?
        Let me start with Mr. Black.
        Mr. Black. Mr. Chairman, in my visits with the Tribal
    leaders over the past couple months in dealing with a lot of
    the emergency situations we have had, that has been a desire
    that has been expressed to me through the Tribes. At this
    point, I haven't had the chance to vet that through the
    Department, as far as getting a position for the Department.
    Thank you.
        The Chairman. Mr. Fugate?
        Mr. Fugate. Mr. Chairman, in my listening sessions, that
    was heard numerous times from Tribal elders and members of the
    Tribal governments, the frustration that they would go through
    the governor. Again, we have done what we could under our rules
    and regulations as allowing Tribes self-determination to be the
    grantee once a declaration is issued, and we would be willing
    to work with the Committee on technical language if that is the
    desire. But at this point the Stafford Act is, again, a
    governor must make that request, and that is the process that
    we currently process our request for disaster declarations to
    the President.
        The Chairman. Thank you.
        Ms. Wagner?
        Ms. Wagner. Mr. Chairman, thank you to my FEMA colleague
    for that. I would defer to his thoughts about approaches in the
    future, and we would be happy to work with this Committee on
    expanding that authority.
        The Chairman. General McMahon?
        Mr. McMahon. Mr. Chairman, the Corps is not limited from
    direct contact and coordination and consultation with Tribes in
    an active flood fight. Under Public Law 84-99, we typically
    receive requests that I described in my opening statement, and
    respond accordingly within that authority in Public Law 84-99.
        The Chairman. Thank you.
        Mr. Grinnell?
        Mr. Grinnell. Yes, Mr. Chairman. In terms of our listening
    sessions with Tribal leaders that Dr. Roubideaux has convened
    over the last year, the issue has come up in terms of
    relationships of States with Tribes and their ability to access
    resources in times of emergencies. It continues to be an issue
    that is brought up by them. Specific to IHS and the Department
    of Health and Human Services, the Tribes, through law, have the
    ability to compact and contract and assume programs, and they
    have direct access to any of our programs and services
    directly.
        The Chairman. Mr. Tombar.
        Mr. Tombar. Mr. Chairman, I will actually defer to
    Administrator Fugate on this, as FEMA is the lead agency
    governed by the Stafford Act. But I will say that for HUD's
    programs and our relationships that are directly with the
    Tribes, we find that that relationship works best in terms of
    working with the Tribes to determine what their needs are and
    being able to provide resources to fund those needs.
        The Chairman. Here is another question for the entire
    panel. Is your agency part of an interagency task force or
    working group that brings Federal agencies together to
    collaborate and coordinate on Tribal policies and programs? If
    not, do you think such a task force would assist your agency in
    responding to natural disasters in Native communities?
        Mr. Black?
        Mr. Black. Thank you. We do participate in the National
    Interagency Fire Working Groups and those type of activities.
    Related to non-fire emergencies, the Office of Homeland
    Security and Emergency Services within Indian Affairs is
    working to establish a Tribal Assistance Coordination Group. It
    is more informal right now. Formalization of such a group would
    largely help the Tribes to reach some type of a one-stop shop
    activity and provide a unified process for the Tribes to go to
    to access materials and information regarding how they can
    access different funds and resources and stuff related to
    emergency situations. Thank you.
        The Chairman. Thank you.
        Mr. Fugate.
        Mr. Fugate. Mr. Chairman, Department of Homeland Security
    and Secretary Napolitano obviously has a much greater portfolio
    than just a disaster response, so everything from borders to
    immigration to law enforcement issues are areas that we have
    liaisons within the Department that we work across the
    interagency with these issues. Again, when it comes to
    disasters, our interagency activities are based upon the form
    of government that is essentially a State-centric approach in
    working with our agencies, and we oftentimes find ourselves
    having to do extra effort when it comes to the issues that we
    run into in trying to address the sovereignty of the Tribes.
        Again, when a disaster is declared, many of those
    mechanisms are in place, but outside of a Stafford Act
    declaration there is limited formal coordination because we
    don't have the ability to provide assistance or direct
    assistance. Outside of that, in the area of grants and other
    programs under the Homeland Security Act as amended by the
    Post-Katrina Emergency Management Reform Act, we are not
    limited in those programs that are not tied to the Stafford
    Act, so we continue to work through the various agencies and
    interagency on preparedness issue. But I agree there could be
    further improvement.
        The Chairman. Ms. Wagner?
        Ms. Wagner. We also participate in the National Wildland
    Fire Coordinating Group, so we have a national interagency
    environment where we can work together, and that is replicated
    in geographic areas across the Country, so it is a real
    strength when it comes to fire response and burned area
    emergency response. Programs within USDA, there are resources
    that have been put together and are available across all USDA
    agencies that are available to Tribes, a guide to USDA
    programs, but modeling that across the Federal sector would
    also benefit.
        The Chairman. Thank you.
        General?
        Mr. McMahon. Mr. Chairman, in answer to the first part of
    your question about whether or not the agency is part of an
    interagency task force to collaborate on Tribal policy and
    programs, I am not aware of any of which the Corps or the
    Department of the Army is a part. However, in an active flood
    fight, such as that going on in the Missouri River Basin, we
    have very robust coordination with FEMA, with the Bureau of
    Reclamation and other Federal agencies as we work together to
    respond. We have been conducting a daily 5:00 Central standard
    time stakeholder call through this event that began in late
    May, and we have not only the Federal partners on there, but
    State Departments of Transportation, the NRC, another Federal
    commission, is present there, and we work together to
    coordinate our activities and response to the flood fight.
        The Chairman. Thank you.
        Mr. Grinnell?
        Mr. Grinnell. Indian Health Service is part of HHS.
    Emergency preparedness is not actually a primary focus of the
    health care delivery system, either directly managed by us or
    by Tribes. However, because our programs are at the community
    level, we are typically working hand-in-hand with Tribes from
    the very beginning, even before a disaster, during a disaster
    and after a disaster, and I think that that is an important
    asset that we bring to a disaster situation. We are very open
    to participating and we would love to be there because even
    after things happen we are still going to be there providing
    health care and working directly with those Tribes.
        The Chairman. Thank you.
        Mr. Tombar?
        Mr. Tombar. Yes, Mr. Chairman. HUD's role is to develop
    communities, and we cannot do that alone, and we recognize that
    it takes a community effort, and that starts first with the
    Federal community. Secretary Donovan has been a huge proponent
    of collaboration across the Federal agencies around the issues
    of community development. That is certainly seen in a disaster
    recovery context, so we have, in response to this year's many
    floods and other disaster events that have happened, worked
    with many other Federal agencies, including some of the folks
    here, Department of Homeland Security, FEMA, EPA, USDA, and
    others, to respond to the needs of Tribes and work with them
    collaboratively to address those needs.
        The Chairman. Thank you very much.
        I am going to now ask Senator Hoeven whether you have any
    questions to this panel.
        Senator Hoeven. I do, Mr. Chairman. Thank you.
        I would like to focus, if I could, for just a few minutes
    on flood response. On our reservations, as well as off
    reservation, we have had flooding across the State. It has been
    everything from the Red River, the James River, the Cheyenne
    River, the Missouri River, Souris River, Little Yellowstone,
    and I might be missing some, but we had just an incredible
    amount of flooding and that persists.
        So if I could start with Director Fugate, again, thank you
    for the disaster declarations that we have received that have
    triggered both public assistance and, in some cases, individual
    assistance as well. Let me start on the public assistance
    piece, which really goes to everything; it is schools, any
    public infrastructure, but very often roads are a real issue,
    and then being proactive on roads.
        If you could kind of detail for me for just a minute the
    assistance that you can provide on roads both to get them back
    up to a level where we don't have recurring flood problems, to
    the extent possible, and also proactive, where, in cases like
    Spirit Lake Nation, where you have this flooding continuing to
    rise because of the continued rise of Devils Lake, what we can
    do proactively so that people have access to their homes and
    farmsteads.
        And I am going to ask the same question to General McMahon
    as well.
        Mr. Fugate. Senator, in this case you have some very
    specific questions that, from Washington, D.C., I couldn't
    comment directly on which roads, but in general roads that are
    the responsibility of the government of jurisdiction, whether
    it is Tribal or State or political subdivisions, that are not
    Federal aid highways because of non-duplication of Federal
    benefits, if they are damaged by the event, would be eligible
    under public assistance for repairs, bringing them back up to a
    state based upon prior conditions, intended purpose. Obviously,
    we don't take unpaved roads to a paved status in those repairs.
        The other part of that is looking at mitigation, and
    mitigation is based upon can we reduce future damages, but also
    with the caveat it has to reach a reasonable cost-benefit. We
    are not going to spend $10 million to repair a $100,000 road.
    So we have to also look at the cost-benefit.
        It is not always practical, nor is it cost-effective,
    merely to restore access back to areas that have long-term
    flood impacts. So, again, we look at this case-by-case. But, in
    general, roads that are not funded by another Federal agency,
    that are the responsibility of the jurisdiction, whether it is
    a Tribal government, local or State government, would be
    eligible for repairs if the damage was caused by the event, and
    there are mitigation dollars available to provide improvements
    to reduce future impacts, but they all must go through the
    cost-benefit analysis and, again, that is something that our
    Federal coordinating officer working with the State is in a
    much better position to look at individual roads or questions
    about those roads.
        Senator Hoeven. And for roads where the water continues to
    come up and it is an issue of building that road up so you can
    maintain access, say, to a rural community or to homes or
    farmsteads or businesses, proactively, water is coming up, not
    yet over the top of the road, what can you do in a situation
    like that?
        Mr. Fugate. Generally, we come in as a cost reimbursement
    to the action, State and local government, based upon damages
    or on protective measures. So again it would be based upon that
    we are not going to, oftentimes, be able to take care of
    something unless it has reached a point where it requires
    emergency protective measures or has actually been damaged by
    the event.
        Senator Hoeven. General, how about you and the proactive
    aspect, where you know the water continues to come up, as we
    have that case with the closed basin in Spirit Lake and Devils
    Lake basin area?
        Mr. McMahon. Yes, sir. I think there are a myriad of
    examples where the Corps has responded to requests from Native
    American Tribes, and I would like to submit that listing
    attached for the record, Mr. Chairman.
        The Chairman. Without objection.
        [The information referred to follows:]

    Recent USACE interaction with Tribes
        Prior to spring flooding, flood packets are sent out to Tribes in
    multiple US Army Corps of Engineer's (Corps) Districts. These flood
    packets contain information on the Corps' Public Law (PL) 84-99
    authorities, sample request for assistance letters, information on
    innovative flood fight equipment, a sandbag brochure and numerous other
    flood fight information. District Commanders, Tribal Liaisons, and
    Emergency Management staff meet with interested Tribes to brief on the
    Corps' PL 84-99 authorities, lessons learned from previous flood
    events, conduct table top exercises, review sandbagging techniques, and
    to build the relationship between the Corps and the Tribes. Information
    is also placed on the Corps' public Internet site and a 24 hour
    emergency operations phone line is distributed.
        The following is a list of Tribes that were visited prior to this
    year's flood season in the Missouri River basin:

            Wyoming: Wind River Reservation

            Montana: Blackfeet Nation, Rocky Boys Reservation, Fort Belknap
            Reservation, Fort Peck Tribe

            North Dakota: Standing Rock Sioux Tribe, Three Affiliated Tribe

            South Dakota: Cheyenne River Sioux Tribe, Sisseton Wahpeton
            Tribe, Yankton Sioux Tribe, Flandreau Santee Sioux Tribe

            Nebraska: Winnebago Tribe of Nebraska, Omaha Tribe of Nebraska,
            Santee Sioux Tribe, Ponca Tribe of Nebraska

            Kansas: Iowa Tribes of Kansas and Nebraska, Sac and Fox Nation
            of Missouri in Kansas and Nebraska, Kickapoo Tribe of Kansas,
            Prairie Band of Potawatomi Nation

        During a flood fight the Corps uses a Joint Information Center to
    coordinate among response agencies and communicate transparently to all
    external stakeholders including Tribes. The Corps has participated in
    national workshops held by Tribal assistance coordination groups, which
    provides federal, Tribal, state and local agencies an opportunity to
    plan for natural disasters in Native communities, learn how to work
    with each other during a natural disaster in Native communities, and
    learn about partner agency capabilities, resources, and
    responsibilities.
        The following list is a summary of support provided to Tribes to
    date with regard to the Corps' Missouri flood response.
        15-18 Feb 2011--SD--Oglala Sioux Tribe at Pine Ridge Reservation:
    On 15 February 2011 the Oglala Sioux Tribe sent a request for technical
    and direct assistance to the Corps. Staff is deployed to the
    reservation and provided technical assistance from 16-18 February. A
    large area by the White River and Calico Creek was flooding. Several
    roads were impassible, with residents trapped in homes. Some of the
    residents were elders requiring medical attention. At least one school
    was at risk of flooding. Tribal leadership expressed concerns over
    limited resources. Flooding was caused by rapid snowmelt and two
    Tribally operated dams that had exceeded capacity. Agency coordination
    included the Corps, Bureau of Indian Affairs (BIA), Federal Emergency
    Management Agency (FEMA), Army National Guard (ANG), South Dakota
    Division of Emergency Services, and the South Dakota Department of
    Transportation.
        15 Feb 2011--NE: Request for technical assistance from Ponca Tribe
    of Nebraska
        17 Feb 2011--NE: Technical assistance provided to the Ponca Tribe
    to discuss potential flooding and preparedness.
        17 Feb 2011--ND: Standing Rock Sioux Tribe provides notification of
    request to develop a request letter for obtaining assistance, the Corps
    assisted.
        17 Feb 2011--MT: The State of Montana requested technical
    assistance for several communities in the State, including Fort
    Belknap. An initial assessment was completed by the Corps and sent to
    the State Division of Emergency Services as well as the Tribe. The
    recommendation provided was to continue to monitor the conditions in
    the City of Fort Belknap.
        01 Mar 2011--SD: Completed a site visit to the Flandreau Santee
    Sioux Tribe to discuss flood assistance and visited areas of concern in
    preparation for 2011 flooding.
        08 Mar 2011--ND: Received request for assistance from the Standing
    Rock Sioux Tribe. The Corps provided requested assistance.
        10 Mar 2011--MT: Initial assessment of the Fort Belknap Reservation
    completed and forwarded to the State of Montana. The Corps recommended
    that the State continue to monitor the conditions in the City of Fort
    Belknap. Corps staff coordinated with Tribal officials, advising them
    how to make an official request.
        13-19 Mar 2011: The Corps conducted meetings and briefings with the
    Blackfeet Nation, Ft Peck, Three Affiliated, Sisseton Wahpeton Oyate,
    and the Flandreau Santee Sioux Tribe,
        14 Mar 2011--MT: The Corps met with the Blackfeet Nation Tribal
    leadership and emergency management staff. During the meeting the Corps
    received a request for advanced measures technical assistance from the
    Blackfeet Tribe of Montana. They requested safety inspections and
    reports on the following BIA dams on the Blackfeet Reservation: Two
    Medicine Dam, Four Horn Dam, and Swift Dam. The Corps continued to
    coordinate with the Tribe from Mar through July. Agency coordination
    included the BIA, IHS, and Montana Division of Emergency Services.
        14 Mar 2011--MT: The Fort Belknap Indian Community requested
    technical and direct assistance, specifically requesting sandbags and
    plastic sheeting. The Corps provided 2 rolls of plastic and 8,000
    sandbags. At the time, the National Weather Service provided
    information that there was a 90 percent chance that over a foot of
    water would be on the water intake building with a 50 percent chance
    that it may go to three feet. This is a small structure located
    adjacent to the river. Recommendation to the Tribe was to build a
    temporary sandbag dike around the building. Prison labor was utilized
    for sandbag placement. Agency coordination included the Montana
    Department of Emergency Services, BIA, and IHS.
        17 Mar 2011: The BIA notifies Tribes of the Corps' PL 84-99 Tribal
    flood fighting capabilities.
        22 Mar 2011: The Corps and BIA begin regular response coordination
    information sharing.
        22 Mar 2011: The Corps extends coordination efforts and puts BIA in
    communication with staff in the Mississippi Valley Division to being
    coordination in the Mississippi River basin.
        23 Mar 2011--MT: Ft Belknap sends an additional request for direct
    assistance to the Corps. An additional 10,000 sandbags were provided.
        06 Apr 2011--MT: The Ft Belknap ring levee is completed. The Corps
    provided technical assistance for the construction of a temporary
    sandbag structure to protect the water intake pump station, Tribe
    provided labor. 8,000 Sandbags were provided.
        21 Apr 2011--SD: Received request for emergency operations
    technical assistance for Low Head Dam in the City of Flandreau to
    determine potential measures that may be needed to alleviate additional
    flooding in the area and to increase safety. There is concern that that
    dam may not be safe, in need of repair, or could possibly be removed in
    order to increase safety and not cause flooding to residents in the
    area. The Corps provided technical assistance.
        05 May 2011--WY: Received a request for advanced measures technical
    assistance to evaluate the flood threat (initial assessments) to the
    following areas located in the Eastern Shoshone and Northern Arapaho
    Tribe of the Wind River Reservation: Ethete, Fort Washakie, Arapaho,
    St. Stephens, Crowheart, Burris, Dinwoody, and Johnstown. The rivers of
    concern in this area are the Big Wind River, Little Wind River, and
    Popo Agie River and their associated tributaries. The Corps provided
    technical assistance in addition to the initial assessments.
    Fortunately, flood waters began to recede; therefore, advanced measures
    were not authorized.
        23 May 2011--MT: The Crow Nation Tribe requested direct assistance.
    The Corps provided the Tribe with 75,000 sandbags.
        25 May 2011--MT: The Corps met with Crow Nation leadership to
    provide technical assistance. Key issues included access to roads and
    bridges, food for the displaced, access to medical facilities, a boil
    water order and water treatment plant shutdown. The Corps participated
    in daily EOC briefings and assisted in bridge assessments. Agency
    coordination included BIA, BOR, IHS, USDA, and ANG.
        26 May2011--MT--Crow Nation Tribe: The Corps updated Tribal
    leadership, briefs EOC, continue bridge assessments, and coordinates an
    afternoon conference with FEMA.
        26 May 2011--ND--Standing Rock Sioux Tribe: The Corps received a
    request for technical assistance from the State of North Dakota EOC and
    the Tribe. A technical team member was dispatched to the Ft. Yates area
    and provided assistance to the Tribe.
        27 May 2011--ND: Standing Rock Sioux Tribe sent a request for
    technical and direct assistance to the Corps. A conference call was
    conducted with the Tribe and BIA on the specifics of the request. Due
    to the holiday weekend, the Chairman was unavailable to meet again
    until 01 Jun 2011.
        30 May 2011--MT: Fort Peck Tribe sent a request for technical and
    direct assistance to the Corps.
        31 May 2011--ND--Standing Rock Sioux Tribe: The Corps deployed a
    technical team to Ft. Yates. The Corps held an initial meeting with
    Tribal leadership then participated in a public meeting. Key issues of
    concern included the Ft Yates roadway, Sitting Bull site, Airport Road,
    sewage lagoon, projected lake elevations, water flows, and erosion
        01 June 2011--ND--Standing Rock Sioux Tribe: The Corps met with
    Tribal leadership and provided an update on contracting actions,
    release plans, projected weather outlook, and participated in a public
    meeting. Agency coordination included the BIA, IHS, FEMA, North Dakota,
    US Attorney, FEMA, and BOR.
        01 and 09 June 2011--MT--Ft Peck Tribe: The Corps provided a total
    of 51 rolls of plastic and 50,000 sandbags. Over the course of 2-3
    weeks, technical teams visited the communities of Brockton, Poplar and
    Wolf Point numerous times responding to technical assistance requests
    for the sewage lagoons and the construction of a temporary levee in
    Poplar, MT.
        02 June 2011 ND--Standing Rock Sioux Tribe : The Corps met with
    Tribal leadership, concerns expressed included the Ft Yates roadway, Ft
    Yates water intake, and the water intake pump house. A public meeting
    was held with the Corps, BOR, BIA, IHS, and ANG. The Corps participates
    in daily radio talk shows. The Corps awarded a contract to provide
    erosion protection to locations along the Sitting Bull historical site
    and the Ft. Yates water intake for $150,000. This contract was
    completed on 05 June 2011. Also, on 02 June 2011, the Corps received a
    request from the Standing Rock Sioux Tribe for direct assistance. The
    Corps sent 50,000 sandbags and 30 rolls of plastic.
        03 Jun 2011--ND--Standing Rock Sioux Tribe: The Corps meets with
    Tribal leadership and provides an update. The BIA and DOI provided the
    Corps with access to communications network to ensure reliable
    communication capabilities. The Corps participated in a public meeting,
    a radio talk show, and a conference call with the North Dakota and
    South Dakota US Attorney's Office to address, jail, Police Department
    road access, potential need for evacuations and public safety issues.
        03-04 Jun 2011--WY--Eastern Shoshone and Northern Arapaho Tribes of
    the Wind River Reservation: The Corps' technical team was on site
    providing technical assistance to the Tribal communities. No further
    assistance requested.
        03 Jun 2011--ND--Standing Rock Sioux Tribe: BOR approached the
    Corps about an erosion problem that required immediate attention. The
    agency is in the process of completing construction of a new water
    treatment facility and erosion around the site was placing the project
    at risk. The Corps expedited the permitting action for the placement of
    rip rap on the shoreline to stabilize the site.
        04 Jun 2011--ND--Standing Rock Sioux Tribe: The Corps awarded a
    second contract for the protection of the North and South causeways at
    Ft. Yates for $600,000. The North side was completed on 15 Jun and the
    south side was completed on 02 Jul.
        05 Jun 2011--NE--Omaha Tribe: The Omaha Tribe sent a request for
    technical and direct assistance to the Corps. The Corps sent a
    technical team multiple times during the construction of a temporary
    levee and also provided 20,000 sandbags. Staff continued to provide
    daily briefings and participate in radio talk shows. The team conducted
    a boat tour along the shoreline to evaluate erosion and the contractor
    begins preparatory work on the roadway site.
        06 Jun 2011--MT: Chippewa Cree Tribe of the Rocky Boy's Reservation
    sent a request for direct and technical assistance and the Corps
    provided the Tribe 10,000 sandbags. Additional on-site technical
    assistance was provided in the following days to develop a safety plan
    while roadway work was conducted.
        07 Jun 2011--ND--Standing Rock Sioux Tribe: The Corps continues
    daily briefings for leadership and community members. Efforts are also
    underway with the Rocky Boy, Omaha Tribe, and Yankton Sioux Tribe.
        08 Jun 2011--ND--Standing Rock Sioux Tribe: The Corps conducts
    final briefing with Tribal leadership and a final radio show. The Tribe
    presents the Corps with a Star Blanket. The Corps continues to monitor
    conditions and construction.
        08 Jun 2011--NE--Santee Sioux Tribe: The Tribe requested technical
    and direct assistance to maintain access to the community. The requests
    were fulfilled by the Corps.
        09 Jun 2011--MT: The Corps met with Rocky Boy leadership. Flash
    flooding event had passed so the Corps is shown areas of concern. Tribe
    requests information on any possible sources of replacement of funding.
        11 Jun 2011--MT--Ft. Peck: The Corps met with Ft Peck
    representatives and toured the Wolf Point pump house to review
    sandbagging efforts.
        12 Jun 2011--MT--Ft. Peck: The Corps toured the sewage lagoons with
    Ft Peck representatives.
        13 Jun 2011--MT--Ft. Peck Tribe: The Corps meets with Tribal
    Council. Key concerns include potential damage to lagoons, need for rip
    rap slope protection for areas experiencing erosion, condition of Ft
    Peck Dam, water release plan, duration of releases, Tribal
    consultation, and protection of the pump house. Agency coordination
    included the BIA and IHS.
        14 Jun 2011--MT--Ft. Peck Tribe: The Corps tours the pump house,
    meets with Vice- Chairwoman, provides update on Ft. Peck Dam releases,
    weather and status of pump house sandbagging efforts, briefs Tribal
    Council, revisits lagoon site, and tours roadway levee construction.
        15 Jun 2011--MT--Ft. Peck Tribe: Technical assistance continues as
    well as sandbagging.
        17 Jun 2011--MT--Ft. Peck Tribe: Pump house work placed on hold due
    to declining water levels. The Corps met with Tribal Council and
    provided an update on current projections and conditions as well as
    addresses rumors and concerns.
        18-21 Jun 2011--MT: Monitoring efforts and briefing for Ft. Peck
    Tribal leadership.
        22 Jun 2011--SD: The Corps participated in a conference call
    regarding the Crow Creek Sioux Tribe's water intake. Key issues
    included water quality, change out of screens, additional costs,
    possible need to relocate the intake, insufficient water production,
    Corps releases, and Tribal consultation.
        22 Jun 2011--NE--Santee Sioux Tribe: The Tribe requested technical
    and direct assistance. The Corps provided 30,000 sandbags to the Tribe.
        22 Jun 2011--ND: The Corps met with the Standing Rock Sioux Tribe
    to discuss levee concerns. The Tribe was under the impression that they
    were responsible for the levee when it was really the City of Ft Yates
    responsibility. A site visit was conducted and meeting held with the
    BIA.
        23 Jun 2011--ND--Standing Rock Sioux Tribe: The Corps met with
    Tribal leadership to brief on the latest projections and conduct a
    radio talk show with the Chairman and Vice- Chairman.
        23 Jun 2011--SD--Crow Creek Sioux Tribe: The Crow Creek Sioux Tribe
    sends a request for technical and direct assistance to the Corps due to
    issues with their water intake at the spillway of Big Bend Dam. The
    Tribe along with BIA, IHS, and the Corps worked together and determined
    a fix to their siltation of the filters at the water intake.
        26-27 Jun 2011--NE--Santee Sioux Tribe: The Tribe requested
    technical and direct assistance. The Corps provided numerous 1 ton
    sandbags to assist the Tribe and Nebraska Department of Roads.
        06 Jul 2011--NE/IA--Winnebago Tribe: The Winnebago Tribe sent a
    request for technical assistance to the Corps. Hydrological engineers
    with the Corps provided a flood profile and engineering analysis on a
    potential road raise to allow the WinneVegas Casino to reopen as
    requested.
    Other flood fighting/disaster response
        Albuquerque District provided sand bags and flood fight training at
    Nambe, Santo Domingo, Santa Clara, Jemez, San Ildefonso and Cochiti
    Pueblos earlier this year.
        Memphis District has, and continues to coordinate with a Tribal
    coalition led by the Mississippi Choctaw, Caddo and Osage over effects
    to archeological sites/human remains caused by the operation of the New
    Madrid/Birds Point projects, which required execution of a planned
    levee breach.
        New Orleans District has been in recent contact with the Chitimacha
    in regards to this year's flooding.

        Mr. McMahon. But more specifically to your question,
    Senator Hoeven, there are examples when roads, bridges,
    causeways can be undertaken as part of public infrastructure
    and protected as the water rises, and we have asserted that
    authority and used it where it is appropriate. There are other
    examples, and one of them involved a Native American Tribe
    recently, where they had surrounded their enclave, casino and
    some administrative buildings, with a very nice ring levee, but
    did not have an access road to it; they had to use a boat or
    other transportation. And in that case, public infrastructure
    wasn't part of the equation, so that specific request had to be
    denied, unfortunately.
        There is a set of criteria that apply, and when we can
    demonstrate that those criteria are met, we are absolutely out
    there and doing our very best.
        Senator Hoeven. Mr. Chairman, if I may continue for just a
    minute. I see my time is up, but if I could go on just for a
    minute.
        I think there are some instances where we can prevent
    significant damage and cost for not only Tribal government, but
    local, State, and Federal as well, if we are proactive, and
    maybe the Corps has some programs in the case of roads that are
    better suited.
        Let me switch for just a moment to homes, and come back to
    Director Fugate. Now for homes that have been either partially
    or maybe completely damaged in the flooding. On the public
    assistance side, your reimbursement works very well, and we are
    at the level where it is going to be 90 percent, then the State
    steps in for most of the rest, and in some cases Tribal and
    local. But on the individual assistance side, for individuals
    where their home is destroyed and they didn't have flood
    insurance, take me through any help you can provide.
        Mr. Fugate. Well, you just identified probably the biggest
    impact is not having flood insurance, because there is no
    program in the Federal Government that will make you whole,
    take care of your mortgage or rebuild your home. The Individual
    Assistance Program directed by Congress, adjusted by Consumer
    Price Index, if you were able to max out just about everything
    in the impact, may get up to about $32,000.
        And the example of numbers I am very familiar with because
    I have the final numbers. The Tennessee floods of last year
    that had many homes flooded and destroyed, the average amount
    of direct Federal assistance--and this is a grant; they don't
    have to repay it back--was under $8,000. You are not going to
    rebuild your home for $8,000. And it was never the intention in
    the Stafford Act that the Individual Assistance Program made
    you whole or rebuilt your home, that is why there is a key step
    there that oftentimes gets overlooked. They go from I don't
    have insurance to what assistance FEMA can provide me, and that
    is a Small Business Administration loan.
        This is one of the caveats that, when the President
    declares a disaster, it not only activates the Stafford Act
    Individual Assistance, it activates the low interest Small
    Business Administration loans, and for many people that will be
    the avenue by which they can rebuild their homes. But it
    carries the burden that if they already have an existing
    mortgage, they also have now another loan on top of that to
    rebuild.
        But if you took everything that we can do in our Federal
    programs, in the FEMA IA program and maxed it out, which is
    rare, it still will not provide sufficient funds to rebuild.
    That is why we work with HUD, because in the low-income--and
    also in Minot we had preexisting housing conditions because of
    the oil boom, so we already had a shortfall to begin with. So
    the housing we are losing is being exasperated because there
    are not rental properties or places we can lease while people
    rebuild. We work very close with HUD as they work with the
    States with their block grant and other dollars for affordable
    housing.
        We really look at FEMA as the bridge. We look at our
    partners at HUD and others as the longer term solution to,
    oftentimes, preexisting conditions, but also the reality that,
    without insurance, we are not going to make people whole, we
    are not going to, oftentimes, get them back into home
    ownership, and we have to work very closely with HUD and the
    State on what some of the longer term solutions are for
    housing.
        Senator Hoeven. So the HUD programs are the best fit to
    kind of dovetail and put together the best possible package.
        Mr. Fugate. And that, again, is a reflection of the
    coordination between Secretary Donovan and Secretary Napolitano
    looking, as we came into this administration, of the situations
    we had post-Katrina, but also demonstrating by working together
    and bringing Federal programs together, we can work to help the
    longer term issues.
        But it is a mistake for people to rely upon FEMA grant
    assistance as the mechanism that will make them whole; it is a
    combination of Small Business Administration disaster loans,
    FEMA grant, HUD and other programs, which goes back to the core
    issue: of all the hazards in this Country, the one that
    produces the greatest vulnerability is flooding when people
    don't have flood insurance.
        Senator Hoeven. And can that SBA loan be either a second
    mortgage behind the first or take out the first and be the full
    mortgage, either one?
        Mr. Fugate. Either one. And again, within the SBA program,
    what they will generally do is provide the coverage there,
    provide a much higher value than we can, our grants for
    rebuilding. They also offer, as part of that low interest
    program, again, for qualified homeowners, that they can do
    things such as elevation and mitigation to their homes they
    rebuild. This also is the only assistance we have available for
    businesses that flood, since FEMA programs don't provide
    assistance to businesses.
        Senator Hoeven. Okay, who is the best person on your staff
    that I can have somebody on my staff work with to put together
    the best possible practice, bringing in HUD and whatever
    resource mix maximizes the recovery assistance? Who would be
    the Native person that is really good with that we can work
    with?
        Mr. Fugate. Our Federal coordinating officer, and I believe
    we have already been working with HUD on establishing long-term
    recovery in North Dakota, particularly in Minot, because we
    know we have a big housing issue, and I will have our Federal
    coordinating officer and get the person who is currently
    heading up long-term recovery, because that is where we really
    bring in our Federal partners on the interagency to work the
    long-term issues with the State. And because the governor had
    already established a housing task force pre-flood dealing with
    housing issues we are also integrating with that team to
    address both the preexisting condition that has now been
    exasperated by the flooding.
        Senator Hoeven. That would be great. If you could give me
    that person's name, we want to make sure we are looking at
    every avenue available. Thank you.
        Thank you, Mr. Chairman.
        The Chairman. Thank you very much, Senator Hoeven.
        I want to thank this panel for your responses. I also want
    to include in the record the material that the General had
    asked be placed in the record. And I want to thank you for your
    valuable responses that will help us in our work here to deal
    with emergency preparedness. Again, I want to thank you for
    your time; you have been very generous. Thank you, first panel.
        I would like to invite the second panel to the witness
    table. Serving on our second panel is Governor Walter Dasheno,
    Governor of the Pueblo of Santa Clara.
        Governor Dasheno, I want to thank you for taking the time
    to be with us today and your patience here, as well. I know
    that you have a lot to do back home in dealing with the recent
    fire, but your testimony here today will allow us to hear of
    your recent personal experiences.
        I would like to turn to my colleague and good friend,
    Senator Udall, to continue with this introduction, since I know
    he is well aware of the effects of your recent fire and has
    been out to your Pueblo to see where he can be helpful. Senator
    Udall.
        Senator Udall. Thank you, Chairman Akaka. I am pleased to
    introduce my good friend, Governor Walter Dasheno, of the Santa
    Clara Pueblo. I first want to thank Governor Dasheno for taking
    the time and the expense to testify today. We recognize his
    sacrifice in coming all the way during a very uncertain time
    for his Tribe, and I want the Committee to know that in New
    Mexico the fire season is closely followed by the annual
    monsoon season, so that in addition to losing much of the
    Tribe's forest and sacred sites to the fires, Santa Clara
    Pueblo has already experienced many mud slides and movement of
    debris and damage to some of their ponds that exist in Santa
    Clara Canyon.
        The Governor and the Pueblo have worked around the clock to
    protect their village and sacred sites with some 47,000
    sandbags, the building of debris pools, and other precautions.
    Our Committee is lucky to have the Governor come and testify in
    the midst of a natural disaster. Governor Dasheno's presence in
    the Committee today is only made possible because he was so
    diligent in past weeks working to ensure his community is as
    prepared as possible for any major rainstorms and flooding.
        I have worked with Governor Dasheno for years and admire
    his excellent leadership skills and the dedication he has to
    the Santa Clara Pueblo. Governor Dasheno is currently serving
    his eleventh term as Governor of Santa Clara Pueblo, has worked
    with Tribal Government for 38 years, he was the Director of the
    first Department of Energy contract for the Los Alamos Pueblo
    projects, and was Santa Clara's first Intergovernmental and
    Public Relations Officer. Prior to holding that position, he
    served the Santa Fe Indian School for seven years as
    Intergovernmental Liaison and has also held the position of
    Director of Planning for the Eight Northern Pueblos Council.
        In addition to being a member of the Eight Northern Pueblos
    Council, Governor Dasheno is also a member of the All Indian
    Pueblo Council and the National Congress of American Indians.
    He has been a valued contributor to Federal Indian programs
    through his work on the Indian Health Service Committee to
    assist with the Service's consultation policy and previous
    service as Chairman of the Commission on Indian Affairs and a
    member of the Bureau of Indian Affairs. Governor Dasheno
    studied liberal arts and theology at Donscota College, a
    Franciscan undergraduate school in liberal arts and theology.
    He also attended high school at the prestigious St. Catherine
    School in Santa Fe and served in the U.S. Navy and is a Vietnam
    veteran.
        I want to again reiterate the great leadership that has
    come from Governor Dasheno during the Las Conchas fire. From
    the start of the fire Santa Clara fire teams were on the front
    lines protecting the safety of all New Mexicans, and as
    evacuees poured out, 12,000, out of Los Alamos, the Governor
    welcomed them into Santa Clara Pueblo facilities. Then when the
    fire blazed through his own Pueblo's land, Governor Dasheno was
    quick to immediately engage Federal agencies to bring any
    needed supplies and technical assistance to ensure his
    community was protected from coming floods.
        I welcome Governor Dasheno to our Committee and thank him
    for his attendance and contribution to today's discussions. It
    is my sincere hope that the Pueblo of Santa Clara is able to
    safely clear the next several weeks of monsoons, and I look
    forward to working with him to ensure that this is possible.
        Thank you again, Chairman Akaka, and I look forward to
    Governor Dasheno's testimony and also to the questioning.
        The Chairman. Thank you very much, Senator Udall.
        Before we receive the testimony of the Governor, I would
    like to, for the record, state that I have further questions of
    the first panel and that I will submit them for their
    responses.
        Governor Dasheno, we are so happy to have you here and I
    look forward to your testimony. Would you please proceed?

      STATEMENT OF HON. WALTER DASHENO, GOVERNOR, PUEBLO OF SANTA
        CLARA, ESPANOLA, NM; ACCOMPANIED BY JOHN PEREA, SENIOR
                    ASSOCIATE, CRC & ASSOCIATES, LLC

        Mr. Dasheno. Aloha, Mr. Chairman.
        The Chairman. Aloha.
        Mr. Dasheno. I was here before in a different session, in
    May, when the hearings were about appropriations. Seems like I
    always come to be asking for money or otherwise. I certainly
    appreciate the comments and humble statements that Senator
    Udall made. Just a couple of corrections. This is my twelfth
    year in office, and I wanted to state that it was not 40,000,
    but we bagged 60,000 bags of sand. So just for the record, Mr.
    Chairman, Secretary, Senator Udall.
        Before we start, if you could allow me, Mr. Chairman, to
    say a few sayings in my language, which is appropriate because
    of the hardships that we have gone through this last few days.
    I have a message from my people from Santa Clara Pueblo to
    convey to you, and appropriately they asked me to say it in our
    Tewa language so that you can feel the wording that comes from
    their hearts, their minds and souls. So if you would allow me,
    Mr. Chairman.
        [Message in Native language.]
        Mr. Chairman, Members of the Committee, my name is Walter
    Dasheno. I am the Governor of the Pueblo of Santa Clara, and
    thank you for this opportunity to testify. It is regrettably
    that Santa Clara Pueblo has developed expertise with both fires
    and floods. We have been devastated not only by the Las Conchas
    fire, which is still burning and a preclude to flooding in the
    Santa Clara Canyon. Flooding will likely endanger homes, our
    senior citizens' center, our Tribal administration buildings,
    also other facilities that are adjacent to our lands. Debris
    and residue have contaminated our watershed and will continue
    to pass on into the Rio Grande.
        Our traditional homelands and spiritual sanctuary, the
    Santa Clara Canyon have practically been destroyed, and as we
    all know as Native people, mountains, rivers, animals,
    spiritual locations are similar to churches throughout the
    Country, so in a sense our church has been destroyed. But we
    will stand up again and learn from this process of what needs
    to be done.
        We estimate that over 17,000 acres of our forest lands have
    been burned. With past fires, 80 percent of our forest and a
    huge part of our heritage has been destroyed. This fire has
    also burned thousands of acres of traditional lands, including
    the lands of origin, the P' opii Khanu, the headwaters of our
    Santa Clara Creek. Forest loss is also devastating to wildlife,
    recreational resources and to the purity of our water, which we
    have used for irrigation and many traditional purposes.
        As a matter of fact, on August the 12th, which is going to
    be occurring in approximately three weeks, we will be
    celebrating our annual feast day. We used to go get the water
    from the spiritual location, but because of the danger that it
    has created, we are not sure what is going to occur at this
    point, so it is already affecting us in terms of what is
    occurring.
        We have many short- and long-term concerns: one, we still
    need fire suppression resources; two, we face potential
    flooding of our homes, public buildings, and irrigation
    systems; three, we have water quality impacts, such as ash and
    debris flowing into the Santa Clara Creek, which will
    eventually reach the Rio Grande; four, we have physical health
    impacts from the smoke and the emotional impact on our
    community.
        Matter of fact, next week Monday is going to be a day of
    healing for many of our community members, so it is going to be
    an opportunity to share the story of what has occurred on our
    reservation with the young and the old. Five, the cost of
    addressing the fire, along with the closure of Puye Cliff
    dwellings, the homelands of our ancestors, and the decline in
    visitors to our lands have caused us to suffer financially;
    six, we must address the long-term restoration of the forest
    and the lands adjacent to our reservations.
        We have been actively working with the Forest Service, the
    Bureau of Indian Affairs and others to establish a forest
    management program that would have prevented this catastrophe.
    These efforts would have eventually succeeded. For example, the
    back of the canyon was saved due to a 300-acre fuel break that
    we established with funding from the Forest Service
    Collaborative Forest Restoration Program. This program should
    be expanded. As a matter of fact, we are in the process of
    working with the U.S. Forest Service to develop a Tribal forest
    protection act program, so I am hoping that we can come back to
    the Committee to get their support in regards to this project,
    because it is going to benefit all of us.
        In the last decade, we have faced four fires that have
    threatened our forests, and none of them have originated on our
    lands. Because of the Federal Government's culpability in the
    Cerro Grande fire, there was a robust effort to address
    impacts. We have been advised that because the Las Conchas fire
    was not started by Federal action, we should not expect as
    robust a response. Rather, we should look for funding only from
    existing programs at existing Federal levels similar to other
    Tribes throughout the Country.
        New Mexico Governor Martinez has declared an emergency in
    affected counties and at the Santa Clara Pueblo and has made
    limited funding available through the New Mexico Department of
    Homeland Security and Emergency Management. While Santa Clara
    is appreciative of these actions, we are also asking the
    governor to take an even larger measure. We are requesting that
    the governor request that the President declare a disaster at
    the Santa Clara Pueblo, Cochiti Pueblo, San Ildefonso Pueblo,
    Jemez Pueblo, and Santa Domingo Pueblo, and in the areas
    affected by the fire, including the fire at Nambe that was
    occurring before this fire started. Such a declaration would
    free up FEMA assistance, which we desperately need.
        Because only a State governor can set this process into
    motion, we ask this Committee to address why Tribal governments
    who have a direct government-to-government relationship with
    the United States must go through State governors to request
    Federal disaster relief. Such relief clearly falls within the
    Federal trust obligation. We urge Congress to pass legislation
    that allows a Tribe to directly request this relief.
        Our recommendations at this point are: one, an oversight
    field hearing to assess progress; two, emergency appropriations
    for Tribal mitigation, watershed restoration, and BAER plan
    implementation; three, an interagency task force to be created
    to address Indian Country emergencies; four, agencies to be
    directed to allocate resources to Santa Clara Pueblo for
    mitigation, restoration, and BAER plan implementation; and,
    number five, Congressman Rahall, who has introduced
    legislation, H.R. 1953, to allow Tribes to directly request
    that the Federal declaration of Federal disaster be provided
    for. We ask that your Committee enact similar legislation on
    the Senate side.
        While we intend to devote the resources we can to the
    healing of our land and the protection of our community, we
    cannot do it alone. We turn in this hour of need to our Federal
    trustee and ask for your assistance in assuring the remediation
    of our sacred homelands.
        Mr. Chairman, Members of the Committee, I implore on the
    Federal Government to aid all of us as Tribal governments.
    There has to be equity in the process of allocation of
    resources. Many Tribes don't have the means to do this. Many
    Tribes don't have the means to allocate the resources that are
    necessary. And many times Tribes are at the mercy because they
    tell us that funding should be made available through gaming
    fund. That is not correct, Mr. Chairman. There is only limited
    funding in gaming and other resources. So, therefore, Mr.
    Chairman, I implore on all of you to assist us as Tribal
    governments to continue to support the needs that we face as
    Tribal governments.
        In closing, I would like to make the statement that was
    made by our former governor, Michael Chavarria, who was the
    resource person that was identified in working on this Las
    Conchas fire. He stated, the Santa Clara Pueblo community,
    Tribal Council, governor and staff would like to extend our
    gratitude and lasting friendship to the Southwest Area Incident
    Management Team, including the Rocky Mountain Incident
    Management Team. The Pueblo supported the plan as developed and
    appreciated the consideration of our energy and concerns being
    incorporated into the Team's management objective.
        The Pueblo's recommendation and at times involved in the
    decision-making process was valuable. The importance of
    protecting our watershed, P` opii Khanu, treasured lands and
    spiritual sanctuary is essential to the traditional and
    cultural and practices of our Pueblo. The various natural
    resources, including the gathering of medicinal plants and
    herbs within the incident area, is critical to our survival.
    The many TCPs, or Tribal Cultural Properties, in the incident
    area are of significant value and irreparably, once destroyed
    or disturbed, cannot come back. Incident Commander Joe Reinarz
    and his team took our thoughts, concerns, and issues into
    consideration to stop the fire from impacting our sacred lands.
        At times we just couldn't win over Mother Nature. But the
    Pueblo will overcome this obstacle and once again be able to
    utilize the many natural resources our mountains have to offer.
    The Pueblo would like to thank the Team for being professional,
    respectful, and a terrible group of individuals that have come
    together to form a team that is strong, dedicated, and
    understands the meaning of teamwork. Again, [greeting in Native
    language], which means thank you very much in our language. Our
    experience will be shared with many and will be remembered for
    years to come.
        Mr. Chairman, thank you very much, and we certainly
    appreciate you being able to hear our concerns at this point.
    Mahalo.
        [The prepared statement of Mr. Dasheno follows:]

     Prepared Statement of Hon. Walter Dasheno, Governor, Pueblo of Santa
                              Clara, Espanola, NM

        The Chairman. Mahalo. Thank you very much for your
    testimony.
        Let me ask Senator Udall for any questions.
        Senator Udall. Thank you, Chairman Akaka.
        Governor Dasheno, your Pueblo has gone through, I think,
    four fires in recent year, and the Las Conchas is the fourth.
    Do you believe, in your interaction with, and your Pueblo's
    interaction, your liaison officer, Mike Chavarria, do you think
    the Federal Government and its various agencies have gotten
    better in terms of communicating with you, working with you,
    developing plans, fighting the fires, preparing for the
    flooding afterwards? What is your sense of that? Eleven years
    ago you had the Cerro Grande, I think before that the Pueblo
    was hit with a dome fire and one other fire. So what is your
    sense there? Could we do things better?
        Mr. Dasheno. Mr. Chairman and Senator Udall, yes, we could
    do things better. We need to have coordination with all of the
    Federal agencies that have always been considered trustees of
    the Tribes that they serve. It is always important to recognize
    the issue of sovereignty, as you said, Mr. Chairman.
    Sovereignty is built around the premise that the Federal
    trustee belongs in working with Tribal government. I believe in
    that.
        Therefore, the trustee responsibility of the Bureau of
    Indian Affairs, the Indian Health Service, Corps of Engineers
    to some extent, Bureau of Reclamation, within Interior, Fish
    and Wildlife, within the programs under DHHS, the programs
    under HUD are critical that they do coordinate and work with
    Tribal governments.
        However, one of the things that we would suggest is that
    resources be given to every Tribe to develop a plan, because
    without a plan, when Federal emergencies or Federal assistance
    is required, everyone seems to be hustling to get the work
    done, but many times we overlook issues. If a Tribe has a plan
    to work from, it is easier for us to determine what the
    resources are needed for and how it is going to be done.
        So, yes, Mr. Chairman, Senator Udall, we feel that there
    could be a better process that all of us can work together on,
    and that is the recommendation we made as part of the record in
    our written statement.
        Senator Udall. And, Governor Dasheno, you had a plan coming
    into this; whereas, I think, some of the other Pueblos didn't.
    Were you better able to deal with some of the issues because of
    that?
        Mr. Dasheno. Mr. Chairman, Senator Udall, in a humble way,
    yes, because we have experienced three previous fires, and with
    this fire we had the process in place. We had gone through an
    exercise of setting up an emergency management plan. We created
    an incident management team, so we put that into effect day
    one; one to deal with the fire and a separate one to deal with
    the flooding. Without that, we probably would be like many,
    many Tribes that don't have the means to create that resource,
    and how quickly it can activate it.
        The Federal agencies basically said that they have the
    resources at their level. Well, that resource should also be
    done for Tribal governments; they need to organize those
    resources. And again, because Tribal governments don't have the
    means to do that, it is important for the United States
    Government to hear our concerns, and really put some funding
    available to all of us so that we can prepare ourselves for
    natural disasters.
        Senator Udall. Governor, you heard the testimony before
    you; you were here while the various Federal agencies
    testified. You heard the Forest Service and the BIA talk about
    the BAER Teams and them being out there and trying to get ready
    for the flooding. Do you have any comments either responding to
    what they said or how that BAER Team process is moving along,
    recognizing that is the process that prevents the flooding from
    happening, tries to do as much as it can? Is that moving
    smoothly? Where is that at at this point?
        Mr. Dasheno. Mr. Chairman and Senator Udall, today at 1
    o'clock New Mexico time we were supposed to have been given the
    draft of the BAER Team report for the Northern Pueblo area,
    specifically Santa Clara. To get a BAER Team to come in takes a
    lot of effort and many resources. They have been here for
    approximately two weeks now. Their time will end this coming
    Monday, when they give the final report to all of us at the
    northern Pueblos and then one to the southern Pueblos.
        It takes a long time for many Tribal governments to really
    understand what that process means, and by a long time I don't
    mean 60 or 90 days. We should be given the opportunity at least
    15 days or 30 days, similar to what you have, Mr. Chairman, in
    allowing the record to be open for that time period. We should
    also be given some additional time to allow us to make our
    comments because we are supposed to now have our
    recommendations as early as tomorrow or no later than Saturday
    or Sunday at the latest.
        So it does not really give us a whole bunch of time to
    really determine the true accuracies that we need to input into
    a report such as the BAER plan, because those are very, very
    technical reports; they address issues for the short term and
    for the long term. So it is incumbent on all of us as Tribal
    governments to be given an additional time. Although we are
    part of the BAER Team effort, as you said, Senator Udall, many
    Tribes do not have that capability to be able to be on the Team
    because they don't have the resources. So, yes, Mr. Chairman
    and Senator Udall, we need to get a little bit more time to do
    that, and I am hoping that we will then get a definite
    quantified statement regarding that issue.
        Senator Udall. My office looks forward to working with you
    very closely to make sure all the interactions take place with
    the various Federal agencies, including the BAER Team, to make
    sure that you get your input, whether it is input on specific
    actions that should be taken with regard to the ponds in the
    canyon or sacred sites or anything else. So we look forward to
    working with you closely.
        Chairman Akaka, I have other questions, but I want to make
    sure you get to ask your questions also, and I see I am a
    little bit over time here.
        The Chairman. Thank you very much, Senator Udall.
        I again want to thank the Governor for your testimony.
    Without question, it will be helpful.
        This recent fire, Governor, your State did not request an
    emergency declaration from the President, which would have
    allowed you greater access to Federal programs. My question to
    you is what impact has that had on the Pueblo?
        Mr. Dasheno. Chairman Akaka, it has had some major impact,
    not specifically with Santa Clara. I did meet with Governor
    Martinez, and we recommended that that declaration also include
    Santa Clara Pueblo. She didn't make the change in terms of the
    declaration. The declaration that really needs to come from her
    office is to declare to the President, who then opens the
    record to allow FEMA funding to come into place.
        There are two types of declarations that are made; one is
    specifically by the governor of the State to make a declaration
    and then, secondly, the declaration to allow FEMA to come in to
    access resources, and that is the second one that we are
    concerned with. That is why we are saying that Tribes should be
    able to access their own resources through the issue of
    sovereignty.
        We do have a good relationship with the governor in this
    issue, but I guess many times, as we all know, emergencies
    bring--we become strange bedfellows, so in this respect we have
    developed a good partnership, but once in a while we need to
    push her a little bit more to do that for all of us. And I am
    not speaking specifically about Santa Clara; I think that would
    include the Pueblos of San Ildefonso, Cochiti, Santa Domingo,
    Jemez Pueblo, and Nambe Pueblo.
        The Chairman. Well, I want you to know that we are working
    on this emergency type of bill and we are now looking at
    Representative Rahall's bill from the House side and certainly
    considering introducing a similar bill in the U.S. Senate. The
    comments at this hearing will be helpful in deciding whether we
    amend the Stafford Act, and I think that the responses will
    help us in this way, and also your testimony as well. So we
    have moved rather far to try to work on this so that in
    Hawaiian we call it so things are pono, I mean right, and you
    can get the kind of help that you need in the Native
    communities. So we look forward to working with you and others
    on this.
        Senator Udall, do you have anything further?
        Senator Udall. Let me, Chairman Akaka, just sum up like you
    have. I, first of all, want to thank you the Chairman, because
    these fires didn't occur long ago, and he managed through
    really diligent efforts and his staff's efforts to put together
    the full panel here and get the invitation out to you, and he
    has been really, really responsive to what he knows is a
    devastating situation to all of the Pueblos that are involved
    here in New Mexico. So I just want to thank him again.
        And then, Governor Dasheno, thank you for your very
    thoughtful testimony. As you can tell by the Chairman's
    comments, you have given us a lot to chew on here and to think
    about, and it doesn't just end today; I will be continuing my
    visits with you and learning from you and the Tribal councils,
    the other governors in the Tribal councils about the needs and
    what we need to do to put in place to make sure that we have
    the very, very best restoration.
        So, with that, I would yield back and thank you again, Mr.
    Chairman, and thank Governor Dasheno.
        The Chairman. Thank you very much, Senator Udall.
        Again I want to say mahalo, thank you to you and to the
    other witnesses that appeared today at this hearing. The
    testimony we have heard today is very valuable, as I said, not
    only to the Committee, but also to the Tribal Governments and
    Native peoples who are faced with natural disasters. It is
    clear that all of the agencies we heard from today are
    committed to doing their part to respond when natural disasters
    hit Native communities. Nevertheless, I think there are ways we
    can improve the Federal response. I think it is important to
    look at what has worked out in the past and use those
    foundations to make sure we are meeting the needs of Native
    people.
        The Committee looks forward to continuing to work with all
    of you to see how we can improve coordination and collaboration
    among the agencies and with the Tribes as well. I also
    encourage Tribes and other interested parties to submit their
    written testimony for the record. By hearing from you on this
    very important issue, we can determine what legislative and
    administrative steps are necessary to help Tribes prepare for
    and respond to natural disasters.
        So again thank you very much for your participation here
    today. Mahalo.
        This hearing is adjourned.
        [Whereupon, at 4:42 p.m., the Committee was adjourned.]
                                A P P E N D I X

      Prepared Statement of Hon. Clifford Cultee, Chairman, Lummi Indian
                                     Nation
        The Lummi Indian Nation appreciates the opportunity to submit a
    written statement for the record. We understand that for some Native
    Nations the issue of ``Facing Floods and Fires'' is direr than for
    others. There have been some very tragic floods and fires impacting
    Indian Country in the recent past. Most of the impacted Tribes do not
    have the governmental revenues or economic capacity to absorb the
    damages, the extensive loses, or to cover the necessary expenses to
    even begin planning or preparing for how to prevent the cycle from
    causing such immediate and lasting impacts again. We recommend that the
    Committee work with the various departments and agencies that can
    identify how to co-coordinate and meet the needs of the impacted
    communities on a more routine approach, with adequate staffing and
    financial support to accomplish coordinated responses, preparations,
    prevention, and recovery tasks so important to the impacted Tribes.
        The Lummi Indian Nation has a government-to-government relationship
    with the United States, as provided by the Senate ratification and
    President's Proclamation of the Treaty of Point Elliot, in 1859, as
    negotiated in 1855 (12 Stat. 927). This treaty is with the whole United
    States. This breaks down into obligations and responsibilities owed by
    the President, Congress, and the Courts. We believe that all the
    various departments and agencies that are listed to testify and submit
    their positions to this Committee on these two important subject
    matters are bound by the Sacred Trust of Civilization to respond and
    lend assistance to the impacted Tribes and communities.
        The Lummi Nation has two rivers that were important to the people,
    culturally, at the time of the treaty. The first was the Nooksack River
    that flowed along the eastern side of the treaty established
    reservation. The second was the Lummi River, a distributary of the
    Nooksack River that flowed along the northwestern side of the
    reservation. At treaty times, these two rivers were full of all species
    of salmon. The salmon were plentiful due to the extensive reaches of
    healthy salmon spawning habitat. At treaty times, the river waters were
    not diverted away, and the flow of water from the mountains and
    lowlands were steady since the mountains lowlands were still forested.
    However, modern developments and demands upon the waters have impacted
    the salmon and human populations alike. Historically unregulated forest
    practices, levee construction along the channel that prevented flood
    waters from spreading out over the landscape during floods, and other
    land use practices have clogged the river beds with debris and silt
    loads that destroy the salmon's habitat. The waters are drained for
    agriculture, diverted for hydro-projects, or diverted to meet the water
    needs of local municipal populations, the agricultural community, and
    local industries.
        In addition, over time, the Army Corps of Engineers has failed to
    protect the natural flows of the rivers, instead, favoring the
    development and construction of ``dikes and drainage districts'' and
    ``diking systems'' that keep the waters rushing down river, at rapid
    rates to the dismay of those property owners or interests located
    downstream. Local and federal efforts to encourage diking as the
    response system to control and regulate the river flows have caused
    injury to the Lummi Nation.
        Today, upstream diking and drainage activities increase down river
    flows during the rainy seasons and during times of high snow melt.
    During these periods of high flow, large amounts of log debris rush
    downstream and clog the mouth of the river, which is located on the
    Lummi Indian Reservation. The Lummi Nation does not have routine,
    annual funding to address this problem. Within two years logging debris
    and log jams cleared out of the river's mouth rebuild. It becomes a
    ``Lummi problem.'' Legally, the upstream land owners are allowed to
    dike out the river waters, even though the diking causes the damages
    that are transferred to the land owner downstream.
        However, the Lummi Nation reservation was never intended to be a
    dumping ground for upriver debris. The debris results from logging and
    clearing practices authorized by the US Forest Service, the State of
    Washington Department of Natural Resources, Agricultural farm land
    clearing, or developments in flood plains for private residences
    because the Army Corp of Engineers has allowed the individual impacts.
    There are many reasons for passing damages downstream, but in the end
    it is the Lummi Nation at the mouth of the river that is impacted.
        Such impacts damage the Lummi's rights to have the environment
    protected from such impacts. The Tribes, in the Northwest, established
    their rights to fish in U.S. v. Washington, Phase I. The second part of
    that important Supreme Court victory was the right to have the salmon
    habitat protected from environmental damages, known as a ``Phase II''
    right. The Culvert case is along that line of reasoning. But, the
    important point is that the damages done to the natural flows of the
    river, and the impacts to the salmon habitat, impacts our rights to our
    treaty property. Each year we are confronted with less and less salmon
    surviving to spawn, less spawning habitat, and habitat that is
    available is under-protected, and habitat destroyed is not likely to be
    recovered due to federal and state resistance to adequately fund
    habitat recovery efforts. Even today with limited habitat available,
    the struggle is to keep enough water in the stream, as in-stream flows,
    to meet the needs of the resident and migratory salmon populations.
        It has been stated that since the Pacific Northwest became a major
    exporter of raw timber products, back in the early contact days when
    local timber was needed to build ship masts or rebuild San Francisco
    after the great fire, our forests have been subjected to clear cut
    activity and the use of splash dams to help transport the giant logs to
    sawmills. It was slash and burn technology. Any trees not of economic
    value at the time were dropped and burned or buried. The result is that
    the whole Pacific Northwest became a major clear cut zone. The whole
    biological diversity of the forest was being destroyed for the benefit
    of profits for the timber barons, and simultaneously the salmon canning
    industry barons devastated our harvestable fish resources. During this
    devastation of the world around us, we witnessed about one hundred
    thousand truck loads of silt and minerals washing down stream clogging
    the Nooksack and Lummi Rivers.
        The Lummi Nation needs the Army Corp of Engineers, including
    Department of Defense, and others to come forward and help equip,
    train, and finance the Nation to clear the log jams, the log/tree
    debris, and to routinely dredge the rivers to remove the massive silt
    build up caused by forest practices, river channelization, and other
    land uses. The nation needs help to reopen the Lummi River to re-
    establish this channel as a migratory pathway for salmon and to use it
    for diversion of flood waters during peak flows. The 1920's diversion
    of water flow from the Lummi River into the Nooksack River was done for
    the benefit of the non-Indian farmers not the Lummi Nation.
        In about 1918 to 1922, the U.S. (via BIA) authorized local non-
    Indians to form a Diking District and dike out the marine waters that
    once surrounded the Lummi Reservation. The Lummi People were an island
    culture that depended heavily upon the salmon and other fish
    populations. In addition, the cedar tree was central to the cultural
    practices and technology. The Island was chosen as the site for our
    reservation because of the two rivers and the salmon resident to this
    system. The Lummi River is nearly completely dry, the Nooksack River
    bed is mostly dry and shallow, and no longer are either classifiable as
    navigable waters. At one time steam boats plied the waters from
    Bellingham to Lynden upstream. The diking stopped the mixing of the
    lower river waters with the marine salt water.
        The diking destroyed the original ``island status'' the Lummis
    sought to preserve by choosing this locus for the treaty reservation.
    In addition, it turned out that the diking project violated treaty law
    and since there was no federal authorization otherwise, the congress
    rapidly authorized it by law retroactively. For the Lummi Indians, even
    though the treaty protected the lands by restriction from alienation,
    this ``retroactive'' law sought to make the Indians pay for the dike
    that violated their land ownership rights and their treaty. This has,
    since then, been a financial burden to Lummi land owners located in the
    diking district. Another impact is the incapacity to control the waters
    once the river dikes breach upstream, causing downstream flooding that
    impacts Tribal homes located in this man-made agricultural area (it was
    marine watered area before the dikes). The dikes, if they remain, need
    to be regulated for releasing flood waters rather than allowing them to
    become stagnant and a health threat to the resident population.
        There was a major aboriginal log jam located at what is now the
    City of Ferndale. It was a hindrance to the development of Ferndale and
    for river access to Lynden upstream. In 1877 the major dam was removed.
    It was the identification point of where the Lummi Reservation began,
    according to treaty history. The removal of the log jam caused a major
    shift in the river flows. The waters moved to the western mouth area of
    the Nooksack River. This destroyed the village location at Fish Point,
    on the reservation. It caused flooding damages to the Church,
    Government buildings, and village homes. Thus, Lummi had to relocate
    those facilities. Land was donated by Chief Kwina (site of the church)
    and Chief August Martin (site of the school).
        On the eastern mouth side of the Nooksack River the waters flowed a
    little more west and the original boundary of lands located in what is
    now considered ``Marietta, Washington'' shifted. The eastern boundary
    of the river was further east and most of the Marietta area was located
    inside the boundaries of the Lummi Treaty Reservation. A government
    surveyor located permanently here, with his Indian Wife from Canada,
    took a Land Donation Claim to lands in this area and founded the small
    town (Marietta) in memory of his daughter. This town has always been a
    dependent community of the Lummi Nation due to the original boundaries
    and the shifting flood waters.
        Further north and east of the present reservation boundaries is the
    far bank that was originally the eastern bank of the Nooksack River.
    This bank was the eastern boundary of the Lummi Treaty Reservation.
    This site is a mile east of the present reservation boundary--due to an
    illegal boundary change that was done by Executive Order of the
    President (1873). When the log jam (1877) was removed then the river
    waters flooded more westerly and shifted the boundary of the river
    itself and that of the Lummi Reservation along with it.
        However, in tying this part of the story together, the diking and
    flooding of the river, seasonally, results in the dependent community
    of Marietta Washington suffering severely. The Lummi Nation is expected
    to react since it is partly on reservation and dependent upon the Lummi
    Nation for police protection of the residents; although the county and
    Tribe often dispute who has lawful jurisdiction over the general area.
        Other significant impacts from the diking actions upstream include
    the damages that have been done to salmon habitat in lowland streams
    critical to the Chum Salmon and Pink Salmon. These populations spawned
    in the lower streams and creeks of the river system. But, the farmers
    and county have constantly worked to regulate, change, and divert
    waters from the original lower streams and creeks to the demise of the
    salmonid populations. This, then, destroyed the rights of the Lummi
    Nation's membership to access those species for commercial, ceremonial,
    subsistence harvests. The same story was repeated for upstream sites
    that Chinook and Coho Salmon were dependent upon until diked out.
        The Lummi Nation has a water pump station that is located in the
    lower reaches of the river. This site is subject to damages by the
    increased flow carrying debris down from upstream. It is vulnerable to
    decreased in-stream flows during the summer months. But, it is very
    valuable to the water flows needed for the on-reservation Lummi salmon
    and shell fish hatcheries.
        In addition, the Lummi Nation is on the low end of the river
    system. We need the water that flows to our reservation. We have
    underground aquifers but those do not produce enough flow to sustain
    reservation needs. The cities upstream (Ferndale, Lynden) are
    dewatering the river because they contaminated their ground waters with
    pesticides and herbicides as agricultural communities. The Lummi Nation
    needs to have help with guaranteeing access to the river, the lands
    located along the river, and the development of water holding and
    treatment facilities that can withstand times of flooding. We have a
    guaranteed share of the river water that has not been quantified. But,
    the City of Bellingham has major diversion upstream that redirects the
    water to Lake Whatcom for holding and which it then sells to the Lummi
    Nation for domestic needs.
        The Lummi Nation needs to be at the interdepartmental dialogues
    with the Tribes when solutions are sought and proposed. We need to be
    there when funding needs are identified. We need to address long-term
    flooding problems but simultaneously mitigate impacts to our salmon
    populations that were caused by prior flood control measures and
    applied science. We need to be ``consulted'' within a meaningful way
    that assures that our concerns and recommendations are given credit,
    consideration, and not shoved aside as having low priority.
        Hy'shqe Chairman Akaka, Vice Chairman Barrasso, and Members of the
    Committee for allowing me to share the views and comment of the Lummi
    Indian Nation.
                                     ______

    Prepared Statement of Hon. Chad ``Corntassel'' Smith, Principal Chief,
                                Cherokee Nation
    Introduction
        Chairman Akaka, Vice-Chairman Barrasso, and Members of the
    Committee, thank you for holding the July 21st Hearing on Facing Floods
    and Fires--Emergency Preparedness for Natural Disasters in Native
    Communities and giving the Cherokee Nation the opportunity to submit
    testimony regarding the ramifications of disasters in the Cherokee
    Nation and across Indian Country. This testimony is submitted on behalf
    of one of the largest Tribal nations in the United States and more than
    300,000 Cherokee citizens.
        As the Committee is aware, 2011 has been an extreme year for
    weather across the United States. Like most regions, the disastrous
    effects of severe storms and springtime floods affected the Cherokee
    Nation. In addition, wildfires caused by the searing heat and drought
    conditions have devastated crops and put unneeded stress on our
    populations. Therefore, we request a Pre-disaster Mitigation funding
    change so that monies are better allocated from states. Additionally,
    we request that this body support HR 1953, which was introduced by
    Congressman Rahall to amend the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (Stafford Act) so Tribes may directly request
    relief after a major disaster and obtain the federal benefits of a
    presidential emergency declaration.
    Regional Disasters
        Following a severe, record-breaking winter, melting precipitation
    from winter storms and heavy rains in the spring led to flooding across
    the Cherokee Nation. In late April, streams throughout eastern Oklahoma
    turned into raging rivers as rains continued and upstream snows melted.
    The economic impact was disastrous for farms, towns and cities ravaged
    by the rising waters.
        Furthermore, storms in late spring also brought catastrophic
    tornadoes to eastern Oklahoma and our Tribal jurisdiction. While the
    Cherokee Nation often experiences inclement weather, the record-
    breaking storm season made emergency preparedness difficult. Straight-
    line winds, flooding and tornadoes destroyed homes, towns and impaired
    the region economically through business destruction and closures.
        Additionally, drought persists in the Cherokee Nation. Besides the
    extremely dry conditions, scorching heat throughout this summer has
    taken a toll on the land and exacerbated the likelihood for wildfires.
    Farmers have witnessed the devastation of their crops and our citizens
    have faced record-setting temperatures which has already accounted for
    eleven (11) deaths across the State of Oklahoma. In parts of the
    Cherokee Nation, July was recorded as the second-hottest July in
    Oklahoma history, with temperatures surpassing 110 degrees.
        The unrelenting heat and increased fire danger puts more pressure
    on the Cherokee Nation Tribal government to provide safety and
    emergency services. These services cost money and adequate funding is
    necessary to ensure no Cherokee citizen is susceptible to heat-related
    health concerns and personal and financial losses caused by wildfires
    and severe weather. Therefore, the Cherokee Nation has several
    suggestions and requests for this Committee that will increase
    emergency preparedness and disaster assistance in Indian Country.
    Pre-Disaster Mitigation Funding
        There must be adequate federal aid to ensure our people are safe
    and secure in our Tribal jurisdiction. There should be a change in the
    congressional set aside funding for Oklahoma in terms of the Pre-
    Disaster Mitigation (PDM) funds. Very little, if any, of Oklahoma's
    current set aside has been used and/or allocated in the last three (3)
    years. Therefore, Congress should create a set aside amount
    specifically allocated to Tribes.
        The Cherokee Nation requires adequate funding to perform
    preparedness education, mitigation and response activities as
    prescribed by the United States trust responsibility. Additionally, we
    actively work with our county emergency managers to guarantee safety.
    However, communication, or lack thereof, between agencies continues to
    be an issue. Funding for interoperability and communication solutions
    would enable improved interdepartmental collaboration and emergency
    response.
        Furthermore, Tribes need federal monies allocated more efficiently
    to ensure adequate staffing in rural and urban fire stations and
    sufficient funding for training and the continued education of staff
    and volunteers. Currently, the Cherokee Nation provides Incident
    Command Center (ICS) assistance in eastern Oklahoma Emergency Operation
    Centers (EOC), as well as shelters, law enforcement, debris teams,
    medical personnel, medicine, documentation, equipment, transportation,
    and staging. With efficient funding allocation and improved cooperation
    between federal agencies, Cherokee Nation aid provides to local
    communities and rural areas would be greatly enhanced and extended to
    more Cherokee citizens and Oklahomans.
    Stafford Act Amendment
        Although the Stafford Act authorized the PDM program to provide
    funding to Tribal governments in implementing cost-effective hazard
    mitigation activities that complement a comprehensive mitigation
    program, the State of Oklahoma bureaucracy often obstructs quick
    allocation of those funds. Therefore, the Cherokee Nation supports
    Congressman Rahall's proposed changes to the Stafford Act which will
    give Tribal leaders the ability to submit a request for a Presidential
    Disaster Declaration during and after a major disaster.
        Tribal leaders would have the opportunity to apply and obtain a
    cost share waiver for up to $200,000 for the Tribe in the unfortunate
    instance of a catastrophe. Furthermore, this will not preclude a Tribe
    from receiving assistance through a disaster declaration made at the
    request of a state governor. This assistance will create effective and
    efficient local-level response during times of need. In many native
    cultures, the environment is often the center of traditions and
    religious beliefs. By supporting this bill, you will provide Tribal
    governments with the opportunity to respond to natural disasters in a
    manner that is sensitive to the unique Native American cultures across
    Indian Country.
    Federal Funding
        Currently, as stated by the Federal Emergency Management Agency
    (FEMA), federally-recognized Tribes are not the only Tribal entities
    eligible for the PDM program. State-recognized Tribes are also eligible
    to apply for PDM funds as a sub-applicant to a state emergency
    management agency. Although state recognition was originally intended
    to provide a mechanism for an individual state to acknowledge a long-
    term relationship with a known Indian community, the practice often
    results in abuse of funds when federal agencies allocate money via the
    state to false Tribal entities.
        Often, state recognition develops through a simple resolution
    sponsored by one state legislator who does not understand the magnitude
    of recognizing a group. Cherokee Nation's government-to-government
    relationship is with the United States, not any individual state. State
    recognition sometimes creates issues concerning duplicative services
    and misuse of funds. Therefore, state recognition should not influence
    an entity's federal recognition status and application for federal
    monies. Local, state, and national governments, their agencies, and the
    general public are sometimes ignorant to the differences between these
    entities and federally-recognized Tribes.
        State recognition creates a vehicle to obtain federal funds and
    identify as a legitimate Native American entity. Therefore, Cherokee
    Nation requests that the Committee ensures federal and state funding
    diverted to non-federally-recognized Tribal groups does not reduce
    funding for the emergency preparedness services of federally-recognized
    Tribes. We understand that disasters can affect everyone. However,
    funding allocated to non-sovereign groups hinders the emergency
    preparedness services of legitimate Tribes like the Cherokee Nation.
    Conclusion
        Cherokee Nation wants to provide our people a safe homeland, and
    through proper emergency preparedness, this can and will be
    accomplished. We desire to work with all federal and state entities
    that play a role in bettering the future and safety of our Nation and
    our citizens. Adequate federal funding ensures that we may continue to
    enhance our services and self-reliance throughout our fourteen-county
    jurisdiction in eastern Oklahoma. It is crucial that this body
    maintains its fiduciary relationship and upholds the promises made to
    our communities.
        It is essential that the Cherokee Nation and other federally-
    recognized Tribes have sufficient Emergency Preparedness for natural
    disasters. Once again, the Cherokee Nation thanks the Chair, Vice-Chair
    and the Members of the Committee for their time and should you have any
    additional questions, please contact our Cherokee Nation Washington
    Office at (202) 393-7007.
                                     ______

          Prepared Statement of Hon. Arch Super, Chairman, Karuk Tribe

                                     ______

         Prepared Statement of Kent Paul, CEO, Amerind Risk Management
                                  Corporation
    Introduction
        Chairman Akaka and Committee members, thank you for providing
    AMERIND Risk Management Corporation (AMERIND) the opportunity to
    present testimony on the critically important federal programs designed
    to assist the American population as a whole, how those programs impact
    Indian Tribes, and what can be done to deliver more effective emergency
    preparedness planning, assistance and disaster relief in Indian
    Country. AMERIND applauds the Committee for reaching out to, and
    bringing together in one room, the key federal officials whose agencies
    bear responsibilities to Tribes in these matters. Their testimonies no
    doubt confirm the need to redouble efforts to synergize their
    activities to develop a cohesive, cost-effective strategy for emergency
    preparedness and disaster relief for Tribes and Indian Country as a
    whole.
        AMERIND has long been the leading Tribal organization that not only
    advocates for disaster relief and protection, but also actually
    protects the over 400 Tribes and their Tribal members of our wholly
    Tribal-owned self-insurance entity. We see the lack of adequate
    insurance protection and the high percentage of uninsured property in
    Indian Country as problems of pandemic proportions. For 25 years,
    AMERIND has been proactive in tackling these problems by providing
    technical assistance to Tribes and their members on various methods to
    protect life, property and sovereignty within their communities. We
    have created and administer various self-insurance plans for Tribes
    that partially fill the void left by the departure of all but about 5
    private insurance companies providing any meaningful protection in our
    Native communities across the United States.
    AMERIND: Wholly Tribal-Owned Risk Sharing
        AMERIND was organized in 1986 as a collaborative program between
    the Department of Housing and Urban Development (HUD) and 145 Indian
    housing authorities to provide protection for low income housing
    located within Indian communities. Since 1986, AMERIND has re-organized
    has a federal corporation chartered under Section 17 of the Indian
    Reorganization Act and sponsored by the Confederated Tribes of Salish
    and Kootenai, the Red Lake Band of Chippewa Indians and the Pueblo of
    Santa Ana. The corporation is owned by more than 400 Tribes, is not-
    for-profit, and administers 4 distinct risk sharing pools that protect
    $9 billion in property replacement value, more than 8,000 Native
    American family homes, and more than 25,000 employees from work related
    injuries.
        As a risk management company, AMERIND emphasizes advocacy and
    technical assistance to protect life, property and sovereignty. Unlike
    the private insurance industry that is saddled with inflexible rules
    and regulations, AMERIND operates under the sovereign powers of the
    Tribes we serve and with the flexibility and responsiveness to meet
    their needs and those of their members and shareholders of their Native
    communities. We create cost-effective and sustainable programs that
    address the different traditions and customs of our member Tribes. One
    size does not fit all. It is important that we maintain affordability
    and sustainability because so many Indian communities do not have
    alternative sources of protection.
    Testimony at Hearings
        The Senate Indian Affairs Oversight Hearing was very helpful in
    collecting information on the key federal agencies' current activities
    to assist Tribes with emergency and disaster preparedness and recovery.
    It is extremely important that the various agencies understand how each
    interplays within Indian communities and who is responsible for
    fulfilling which responsibilities. Unfortunately for Tribes, there is
    no central repository of information regarding emergency management and
    disaster relief. Each federal agency views emergencies differently,
    responds with relief using a variety of methods, and has complex rules
    and regulations. While many hands can make light work, lack of
    coordination and strategy also can lead to waste of precious (and
    dwindling) resources and can slow response times.
        We are excited that the Committee raised the prospect of amending
    the Stafford Act to grant to Tribes the same the opportunity long
    afforded to States to make an independent request to the President for
    a disaster declaration. Access to federal emergency relief, without
    having to rely on a State governor to make a request for disaster
    assistance, gives Tribes the full ability to exercise their prerogative
    as a sovereign to act on behalf of their own Tribal citizens. This is a
    very important first step, since a disaster can decimate a Tribe's
    lands, but may not impact enough non-Tribal areas to compel the state's
    governor to seek a disaster declaration. The federal government's
    special government-to-government relationship with Tribes certainly
    justifies the proposed amendment to the Stafford Act. Yet more
    tailoring is necessary, either administratively or legislatively, to
    ensure that federal disaster assistance programs actually provide more
    protection and relief to Tribes and other Native communities.
        Having reviewed other witnesses' testimony, AMERIND finds it
    curious, and troubling, how few commented on ``access to insurance''
    within Indian Country or the specific issues that differentiate Tribes
    from States or other non-Indian communities. All the federal witnesses
    testified about their efforts and prowess with technical assistance,
    but little was said about access to credit, insurance products or other
    financial tools available to or used by Tribes when disaster strikes.
    For example:

       U.S. Army Corps' witness, in response to a question,
            mentioned that much more emphasis should be placed on insurance
            and encouraging people to protect their families.

       Senator Murkowski (R-AK) expressed mixed emotions about
            approval of a community disaster declaration, but denial of
            individual requests for assistance for small, rural homes.

       Senator Johanns (R-NE) noted that the rate of Tribes'
            participation in flood insurance ``seems abysmally low'' and
            wanted to know what was being done to improve the situation.

       Senator Hoeven (R-ND) asked about homes lost to floods and
            FEMA Administrator Fugate commented that the biggest problem is
            lack of flood insurance coverage. Estimating that the average
            federal grant to rebuild is only $8,000, he said ``it's a
            mistake for people to believe that the federal government will
            make them whole.''

        These comments demonstrate the inadequacy of the current federal
    disaster response mechanisms. Federal efforts focus more on stabilizing
    the community than assisting individual victims of disasters. In the
    case of floods, if the community, including a Tribal government, is not
    participating in the National Flood Insurance Plan (``NFIP''), then
    national flood insurance is not available and small, rural homes remain
    unprotected. This void can result in catastrophe in Indian Country.
        Over time, Congress has enacted, and the federal agencies have
    implemented, measures that either make no provision for Tribal
    governments, or contort State-oriented programs to address Tribal
    circumstances that are radically different. The often remote locations
    and unique needs of the various Tribal communities require much more
    forethought to fashion appropriate, flexible solutions. Many Tribes do
    not have the financial capacity to comply with arduous federal
    requirements, such as those of the NFIP, without federal assistance.
    Grant assistance may be available, but the grant process is very
    onerous and success is limited. Furthermore, little consideration has
    been given to the availability and cost of private flood insurance in
    economically deprived Tribal areas, or the costs of planning,
    remediation or mitigation to adhere to the NFIP standards in order to
    qualify for national flood insurance.
        Buying flood coverage on Tribal lands, or most other types of
    insurance coverage, is not as easy as it may be in other areas. Either
    private insurance is not available, or the carriers quote exorbitant
    rates. Another anomaly is that the federal agencies spend billions of
    dollars to build housing and infrastructure in Indian Country, yet few
    beyond HUD mandate insurance coverage to protect those federal
    investments. Some agencies seem unaware that flood and earthquake
    coverage is not available to Tribes in most cases. More effort needs to
    be made to identify problems and find viable solutions. We can no
    longer just assume Tribes have the same access to services that every
    other community enjoys.
        In an earlier Senate Banking Committee hearing on NFIP
    reauthorization, FEMA Administrator Fugate testified that some ways to
    address the program's huge challenges are to share more with the
    private sector, look at private policies, what the federal government
    share should be, and how to incentivize the private sector to step up
    and play a larger role. AMERIND agrees with his assessment.
        The Senate Indian Affairs Committee hearing helped the witnesses
    and the Senators to focus on and grasp the unique challenges and
    inadequacies of the current federal framework for emergency and
    disaster assistance for Indian Country. Tribes are unlike other
    communities. The federal government designated their reservations,
    often in areas deemed unsuitable for other purposes, and with severely
    limited community building sites and access to water. In exchange for
    Tribes moving to these isolated areas, the federal government agreed to
    a ``government to government'' relationship and promised to provide the
    resources necessary for safe and sanitary living conditions. It is not
    that Tribes shun the responsibilities of a sovereign nation to provide
    for its citizens; rather, they lack access to financial resources
    promised by the federal government or otherwise available if they find
    ways to generate their own revenues. Tribal governments do not have
    taxation systems (unlike state and local governments) to raise revenues
    for economic development, management and protection. Most Tribes cannot
    afford to manage and mitigate risk, or engage in remediation and
    infrastructure improvement without federal assistance. Even when those
    resources are provided, either pre- or post-disaster, the rules of
    engagement are so onerous and complicated that it is difficult for
    Tribes to respond appropriately.
        A good example is flood disasters, often accompanied by severe wind
    and hail damage. Significant flooding occurred at Spirit Lake,
    Appsalooka, and Chippewa Cree reservations in the Northern Plains, and
    severe wind and hail damaged Tribal property in Oklahoma, North and
    South Dakota. Under the NFIP, areas must be mapped and communities must
    participate in the NFIP to be eligible for national flood insurance.
    Generally FEMA's flood mapping (the basis for flood insurance) has
    concentrated on highly populated areas with a goal to map 80 percent of
    those areas. Unfortunately for Tribes, many reservations are not
    located in highly populated areas and thus flood mapping has not been
    occurred. Without flooding mapping, the NFIP will not provide flood
    insurance to a community. The problem is not that most Tribes fail to
    purchase national flood insurance; it is that such insurance is not
    available to them because they do not qualify for it.
        Disasters other than floods also afflict Indian Country, as the
    Committee heard when the Governor of the Pueblo of Santa Clara
    testified about the fires raging on his Tribe's reservation in New
    Mexico. Other catastrophic fires in Indian Country in 2003 and 2007 in
    Southern California, and the White Swan fire within the Yakama Nation
    earlier in 2011 caused significant damage to Tribal property. Although
    insurance was available to many of the affected Indian communities,
    very few had any meaningful coverage. In Yakama Nation, for example,
    AMERIND arrived immediately to inspect their insureds' damaged homes
    and saw to it that those homes were repaired promptly. Nearby homes not
    under AMERIND coverage remained damaged long afterwards. While Tribal
    members might want to buy coverage, they had to choose between
    ``feeding the family or buying insurance.'' Further, when disaster
    struck, various federal agencies and the Red Cross responded with
    financial resources. This laudable response gave some Tribal members
    the impression that they did not need insurance because ``FEMA would
    provide the resources to repair or replace their homes.'' These
    experiences reveal significant communication and knowledge gaps between
    the federal agencies and Indian communities on the roles and
    responsibilities of each.
        For the Federal Government to fulfill its federal trust
    responsibilities to Tribes, there must be a fundamental shift in
    approach and involvement. Most Tribes have a strong desire to be self-
    sustaining, but they cannot achieve this goal overnight. Unfortunately
    there have been 200+ years of federal intervention in Tribal
    communities that has led to a ``hand out rather than a hand up''
    relationship. More work needs to be done to encourage Tribes (with
    resources and technical assistance) to establish their own ``rules of
    engagement'' as sovereigns in problem-solving consultations with
    federal, state, county and local governments and in fashioning reforms
    tailored to Tribal circumstances.
    AMERIND's Problem Solving Approach
        For 25 years AMERIND has been a shining example of what Tribes can
    do when they work together without the interference of unnecessary
    federal intervention and oversight. When no other ``for profit
    insurance entity'' stepped forward to protect an Indian community,
    AMERIND was there. With limited resources, we have actively provided
    the necessary protection to Tribal governments, businesses, and
    individuals in most of the federally recognized Indian reservations.
    Not motivated by profit or market share, we work with Indian
    communities to design and implement insurance plans that meet their
    specific financial and coverage needs. We have faced significant
    catastrophic events and survived each and every one of them with fast
    and efficient responses to rebuild and replace property that we
    insured. AMERIND tailors its policies and works out rates that are
    often 25 percent lower than traditional insurance providers. Since
    1986, AMERIND has repaired or replaced more than $300 million in
    reservation property.
        In 2002, we stepped up to address the ``lack of flood protection in
    Indian Country'' by creating an alternative flood program for federally
    assisted Indian housing that offers $15,000 in flood coverage per
    structure insured. We determined that the average flood loss over time
    was $7,500 and chose to double the average as our limit of coverage.
    Although not as comprehensive as the National Flood Insurance Plan,
    AMERIND's policy offers extraordinary coverage for a mere $10 per year
    borne by each policyholder in the risk pool. When Katrina struck the
    Gulf coast, AMERIND responded rapidly with resources for affected
    Indian communities. Unlike State Farm and other insurance companies
    that chose to go to court to determine if Katrina was ``a windstorm or
    flood''--before responding to claims--AMERIND remediated the damage to
    its insured members, regardless of the peril involved.
        The insurance industry provides a very important tool for the
    economic engine of the United States, but it does not provide that tool
    for free. High risk demands high rewards, and insurance companies
    require significant profits to satisfy their investors. To suggest that
    the insurance industry lower its standards and produce less profit to
    provide protection against flood, earthquake, terrorism, inner city
    crime, pollution, nuclear radiation or other ``uninsurable risks'' is
    an effort in futility. For this reason, among others, AMERIND believes
    that its tailored, more affordable Tribal self-insurance risk pool
    approach can become part of the solution to better planning, protection
    and delivery disaster relief for Indian Country.
        Part of the solution can be a private-federal relationship wherein
    the federal government provides reinsurance protection to the private
    sector. The Terrorist Reinsurance Act was a step in the right
    direction, but it only scratched the surface to incent the insurance
    industry to protect large structures that attract significant public
    events. That Act has some shortcomings, though, as it applies only to a
    terrorist act that is committed by a foreign national under the
    direction of a foreign government. Domestic terrorism (such as the
    Oklahoma City bombing) is not addressed, yet we have seen more of such
    threats recently in the United States than from foreign terrorism.
    Indian Country has a number of world class gaming and hotel properties
    that are vulnerable to terrorist acts (Foxwoods Casino, Mohegan Sun
    Casino, Pechanga Casino, to name just a few). Many of these properties
    must utilize ``self-insurance'' as a means of protection because
    private insurance is not readily available or lacks the capacity to
    underwrite the risk. A private-federal reinsurance initiative should be
    considered for Tribes or other large property owners. Such an
    initiative would be a significant improvement and would allow for more
    business expansion, property development and job creation. As it stands
    today, many large property owners must stockpile cash to fund
    unexpected catastrophic events--cash that could be deployed more
    productively to spur economic growth and recovery.
    AMERIND Provides Outreach, Training, and Collaboration
        AMERIND is the only Native American organization providing
    outreach, training, and collaboration regarding financial protection in
    Indian Country. Despite 25 years of continuous operation, we are still
    a ``best kept secret'' among Tribes and the federal government. With
    business relationships with more than 400 Tribes, AMERIND has so much
    to offer in bridging the communication and technical assistance gaps
    between the federal government and Tribes. We have survived this long
    depending upon our own resources and ingenuity. With assistance and
    cooperation of the various federal agencies that support Indian
    Country, AMERIND could help guide, protect and accomplish so much more.
        AMERIND has already helped launch such a coordination initiative
    within Indian Country to address disaster recovery. In conjunction with
    Tribal leaders in Southern California, AMERIND created the Tribal Risk
    and Emergency Management Association (TREMA) to provide a forum for
    Tribal risk managers and emergency responders to discuss specific
    challenges and strategies for Indian Country. A website was created to
    dispatch information quickly and coordinate all the federal and State
    emergency response agencies. AMERIND hosts the website at
    www.tremaonline.org. Although TREMA is in its infancy, the Association
    is gaining traction and working closely with such Tribal programs as
    the Long Term Recovery Foundation sponsored by a significant number of
    Tribes in Southern California in response to both the 2003 and 2007
    fire disasters. TREMA is just one of many projects organized by AMERIND
    to address the needs of its owners, a vast majority of the federally
    recognized Tribes.
        Over the past several years, AMERIND has expanded its outreach to
    include the White House, the Departments of Homeland Security,
    Agriculture, Commerce and Interior, as well as FEMA, BIA and HUD, to
    discuss more collaboration on insurance issues and ways to make
    coverage more available to Tribes and Tribal members. It is very
    gratifying that President Obama and his administration have taken such
    a strong interest in solving problems facing Indian Country. We have
    gone from mere words to action, and we compliment the Obama
    Administration for appointing more Tribal Liaisons within federal
    agencies and elevating many of them to advise Department Secretaries
    directly. These Tribal advisors actively engage in frequent, meaningful
    Tribal consultations and listening sessions to solve problems
    collectively. Great work has be been accomplished by agencies such as
    FEMA and USDA-RD in recent years to educate Tribes about their programs
    and grant support for planning, and o re-engineer federal programs to
    be more flexible to accommodate the cultural, geographical and legal
    characteristics of Tribes that differ widely across the United States.
    We need to continue taking such great steps forward and not keep
    looking back over our shoulders to see where we have been. Solutions to
    problems are on the horizon, not behind us.
    AMERIND Recommendations
        We would like offer two recommendations that we believe will answer
    the questions raised by the Committee and begin to address the flood
    and other disaster issues faced by Indian Country.
        Recommendation 1: Encourage the development of a 24/7 resource
    center that can facilitate communication and information sharing among
    federal agencies and Tribes. ``Federal speak'' is not often understood
    at the local and Tribal levels, and trying to navigate the federal
    information highway can be extremely frustrating. With limited
    financial and human resources, Tribes can have difficulty staying
    current on all the various procurement requirements, grants, rules and
    regulations promulgated by the various federal agencies. One single
    database of information regarding Indian Country would help Tribes and
    federal agencies in meeting their respective missions. Knowledge is
    power, and not having complete and accurate information diminishes our
    knowledge of Indian Country and reduces the power to respond quickly
    and efficiently.
        Recommendation 2: Carve out a set aside from the NFIP funding
    specifically for Indian Country as a stopgap measure. As indicated
    previously, most of Indian Country is not yet approved for flood
    insurance due to lack of flood determination mapping. Until more Tribal
    lands are mapped so that more Tribes can begin participating in the
    NFIP, an alternative program should be created to protect against flood
    disasters and address the specific needs within rural Native
    communities. Organizations like AMERIND could make application to this
    new program to provide ``Write Your Own'' coverage to Tribes and assist
    them in developing the infrastructure to meet the NFIP standards. Such
    a program does not need to be as robust as the NFIP and could be used
    as reinsurance support to those few insurance companies that
    participate in Indian Country to provide additional flood insurance
    coverage. A carve out of $25-50 million, that could be leveraged to
    secure additional protection for flood damage, would be more than
    adequate to serve the needs of Indian Country while FEMA maps more
    Tribal areas to make them eligible for NFIP participation.
        Thank you for the opportunity for AMERIND to provide its comments
    to the Committee. We look forward to working with the Committee members
    and staff on ideas and proposals as deliberations progress on these
    critically important issues.
                                     ______

      Prepared Statement of Hon. Michael Toledo, Jr., Governor, Pueblo of
                                     Jemez