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