[Senate Hearing 113-522]
[From the U.S. Government Publishing Office]
S. Hrg. 113-522
WHEN CATASTROPHE STRIKES: RESPONSES TO
NATURAL DISASTERS IN INDIAN COUNTRY
=======================================================================
HEARING
BEFORE THE
COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE
ONE HUNDRED THIRTEENTH CONGRESS
SECOND SESSION
__________
JULY 30, 2014
__________
Printed for the use of the Committee on Indian Affairs
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COMMITTEE ON INDIAN AFFAIRS
JON TESTER, Montana, Chairman
JOHN BARRASSO, Wyoming, Vice Chairman
TIM JOHNSON, South Dakota JOHN McCAIN, Arizona
MARIA CANTWELL, Washington LISA MURKOWSKI, Alaska
TOM UDALL, New Mexico JOHN HOEVEN, North Dakota
AL FRANKEN, Minnesota MIKE CRAPO, Idaho
MARK BEGICH, Alaska DEB FISCHER, Nebraska
BRIAN SCHATZ, Hawaii
HEIDI HEITKAMP, North Dakota
Mary J. Pavel, Majority Staff Director and Chief Counsel
Rhonda Harjo, Minority Deputy Chief Counsel
C O N T E N T S
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Page
Hearing held on July 30, 2014.................................... 1
Statement of Senator Barrasso.................................... 2
Statement of Senator Begich...................................... 4
Statement of Senator Cantwell.................................... 3
Statement of Senator Heitkamp.................................... 17
Statement of Senator Murkowski................................... 13
Statement of Senator Tester...................................... 1
Statement of Senator Udall....................................... 2
Witnesses
Chavarria, Hon. J. Michael, Governor, Pueblo of Santa Clara...... 21
Prepared statement........................................... 23
David, Mary, Executive Vice President, Kawerak, Inc.............. 37
Prepared statement........................................... 39
Gregory, Matt, Executive Director of Risk Management, Choctaw
Nation of Oklahoma............................................. 32
Prepared statement........................................... 34
Heflin, Jake, President/CEO, Tribal Emergency Management
Association.................................................... 49
Prepared statement........................................... 51
Metcalf, Hon. Ronda, Secretary, Sauk-Suiattle Indian Tribe....... 27
Prepared statement........................................... 29
Zimmerman, Elizabeth, Deputy Associate Administrator, Office of
Response and Recovery, Federal Emergency Management Agency,
U.S. Department of Homeland Security........................... 6
Prepared statement........................................... 7
Appendix
Cladoosby, Brian, President, National Congress of American
Indians, prepared statement.................................... 61
Darcy, Hon. Jo-Ellen, Assistant Secretary of the Army (Civil
Works), prepared statement..................................... 63
Response to written questions submitted by Hon. Jon Tester to
Elizabeth Zimmerman............................................ 65
WHEN CATASTROPHE STRIKES: RESPONSES TO NATURAL DISASTERS IN INDIAN
COUNTRY
----------
WEDNESDAY, JULY 30, 2014
U.S. Senate,
Committee on Indian Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 2:47 p.m. in room
628, Dirksen Senate Office Building, Hon. Jon Tester,
Chairman of the Committee, presiding.
OPENING STATEMENT OF HON. JON TESTER,
U.S. SENATOR FROM MONTANA
The Chairman. The Committee will come to order.
Today the Committee is holding an oversight hearing on
responses to national disasters in Indian Country, with a
particular focus on the relationship between Federal response
agencies, specifically FEMA and the tribes that request
assistance.
I very much appreciate our witnesses who have traveled to
join us today from Alaska, Nevada, New Mexico, Oklahoma,
Washington State. Your presence is clear evidence of the
importance of the topics that we are going to assess today. I
also appreciate our FEMA witness taking time to join us here
today.
Past hearings, including the one this Committee held on
natural disasters three years ago, laid out the landscape of
disaster response needs in Indian Country. In response to those
needs, I offered an amendment to the Stafford Act which
authorized tribes to request a disasters declaration directly
from the President.
Before the amendment, tribes had to work through States to
request a disaster declaration. It was slow, uncertain, and
altogether an unacceptable solution for some tribes. In this
hearing, we want to explore what has happened since the
Stafford Act amendment. The ability to make direct requests for
disaster declaration is all well and good, but we need to
ensure that authority is translating into appropriate and
timely Federal assistance. Are tribes getting more response and
assistance now than they were before the amendment or are the
implementation processes the same?
I want to thank Senator Begich for his work in conducting
oversight of FEMA. I am proud that our two staffs have worked
together to hold the agency accountable for their work in
Indian Country. We appreciate that. We jointly wrote to FEMA
Administrator Craig Fugate back in March, urging him to make
outreach and consultation with tribes a priority. Senator
Begich has been able to question the Administrator on multiple
occasions, keeping the focus on development of guidance for
tribal disaster declarations. I am interested in hearing today
what the witnesses have to say about these topics and other
aspects of this important issue that they would like to
discuss.
Senator Barrasso, do you have an opening statement?
STATEMENT OF HON. JOHN BARRASSO,
U.S. SENATOR FROM WYOMING
Senator Barrasso. Yes, thank you, Mr. Chairman, for holding
this important hearing. A natural disaster can instantly
destroy the infrastructure and resources needed for tribal
economies and essential services. It is critical that tribes
have the tools they need to mitigate and respond to the damage
caused by a natural disaster. These disasters, however, can
destroy more than roads, buildings and forests. The disasters
can take away precious lives of children, parents and other
loved ones.
It is critically important, Mr. Chairman, that Federal,
State and tribal responders coordinate effectively to prevent
as well as to address natural disasters. With this in mind, I
look forward to the hearing and hearing from our witnesses and
welcome them here today.
Thank you, Mr. Chairman.
The Chairman. Before we get to Ms. Zimmerman, does any
other member have a statement? Senator Udall.
STATEMENT OF HON. TOM UDALL,
U.S. SENATOR FROM NEW MEXICO
Senator Udall. Thank you, Chairman Tester. Thank you for
holding this important oversight hearing on the impact of
catastrophic disasters on Indian Country.
Tribes in New Mexico are no strangers to these disasters,
to drought, fire and flooding. It is a vicious cycle and it
hits Indian Country especially hard. The historic drought
threatens our Native American farmers' livelihood and their way
of life. Their forests are ravaged by forest fires. And when
the rain does come, their homes are threatened by floods. We
can't always stop the fire or hold back the water, but we must
ensure that the Federal Government is there to help, to do all
we can in rebuilding and preventing further harm.
When disaster strikes Indian Country, tribal leaders need
direct government to government communications and resources to
help their people. I don't think anyone knows that better than
the governor of the Pueblo of Santa Clara, Michael Chavarria.
And I am very pleased to introduce him today. Governor
Chavarria has served his pueblo for many years not only as
governor but also as forestry director, where he was the
emergency response coordinator during the Las Conchas fire, at
the time the largest wildfire in New Mexico history. He also
oversaw the response for the subsequent flooding, flooding that
destroyed all the water control structures in Santa Clara
Canyon.
He is an outstanding advocate, as the Pueblo faces
continued risk of catastrophic flooding. He is also an
important voice and one we should listen to carefully in the
broader discussion of the effects of climate change, one of the
root causes of the disasters that his people have faced with
such courage and resilience.
Last September, most New Mexico tribes were impacted by
heavy rains and were sub-grantees to the State of New Mexico in
the FEMA disaster declaration. The Santa Clara Pueblo was the
only Pueblo to meet the criteria for direct assistance and has
received two tribally declared declarations. The impacts to
Santa Clara are ominous and the flood path goes right towards
their traditional village.
But they are not alone. The Pueblo of Cochiti is also
working to prevent flooding into its village and to rebuild a
critical bridge destroyed in flooding from the Las Conchas
fire. The Cochiti, Santo Domingo and Santa Clara Pueblo are
actively seeking assistance for post-fire and flooding efforts.
Just this month, flooding has hit many pueblos, including Zuni,
Ohkay Owingeh, Pojoaque, Santo Domingo, Cochiti, Santa Clara
and Jemez. All have reported damage to tribal infrastructure or
roads.
Chairman Tester, these needs are crucial. We have to be
better and faster to help Indian Country in the wake of
disaster. Their ageing infrastructure leaves tribes more at
risk to horrific fire and flooding and the lack of resources
leaves them ill-prepared to respond. Despite their
determination and their best efforts, I hope this hearing will
help us to better understand the true impact of these disasters
and to deal with them more effectively.
I welcome Governor Chavarria, and I have another commitment
and hope to be back for his testimony. Thank you, Chairman
Tester, very much.
The Chairman. Thank you, Senator Udall, very much.
Senator Cantwell?
STATEMENT OF HON. MARIA CANTWELL,
U.S. SENATOR FROM WASHINGTON
Senator Cantwell. Thank you, Mr. Chairman. I too want to
thank you for holding this important hearing and want to
welcome one of the witnesses who is going to be on the next
panel, Ronda Metcalf. She is currently the Secretary of the
Sauk-Suiattle Tribe and is here on behalf of the tribe and the
Chairwoman, Norma A. Joseph, who couldn't be with us here
today. She is going to talk about her FEMA experiences.
I can think of no better way to honor the relationship of
government to government relations than to have that
relationship work in a natural disaster, to have an unplanned
crisis and then to have the leadership response, you need
governments to communicate to other governments.
On March 22nd of this year, State Route 530 had a landslide
that occurred and killed 43 people and cut off access to one of
our most traveled roads in the Northwest. It became a deadly
landslide in our Country. So during this ongoing recovery
process, Ms. Metcalf and tribal leaders did their best to do
everything they could, even though they were also cut off from
medical service and the main route, and meant people going what
would have normally have been a half hour route to hospitals or
various services to go more than an hour and a half, two hours
around and cause much complication.
So I recently visited, Mr. Chairman, with the tribal
council at their headquarters to hear about many of the issues
that happened in the aftermath of that mudslide. I heard about
their experiences with FEMA, and she is going to elaborate on
that today.
But I believe that it is a powerful and instructive story
to remind us that we need to make sure that when Indian Country
makes declarations, just as a governor makes declarations, that
those declarations are acted on quickly. That secondly, we have
immediate response teams that work well and coordinate with
Indian Country, that there are FEMA people on the ground who
really do understand the role and responsibility and
coordination with Indian Country. And that we understand all of
their investments that were made in helping in a time of need
and emergency.
It is almost heartbreaking, Mr. Chairman, to see how many
people showed up at a gymnasium just three days after the
crisis and to see who immediately stood up with resources and
money. Three tribes basically came and donated almost $700,000
to the effort from around the community. This tribe, right in
the midst of the community, got none of those resources. Yet
they put people on overtime pay, they kept their gas station
open, they ferried people around for medical services, they did
everything a partner could do in that crisis, and yet didn't
get any of the support from the entities that needed to help
support them, because they too were impacted by the crisis.
So I hope it is all instructive. I hope it was just a
miscommunication and that it is not happening anywhere else.
But clearly it points out that we just need to flatten these
issues moving forward. And certainly as my colleague from New
Mexico said, I think it gives us something to think about too,
from a communication perspective, the fact that this area was
cut off literally from all communication because of where the
slide happened. So the town of Darrington and this tribe
basically cut off from all the recovery points to this fact
that a lot of these areas are remote. So what do we do about
emergency communications? Maybe this is something our Committee
needs to look at in the future, how do we make sure that these
areas have good emergency communication systems, so that they
can be utilized, whether it is a flood or tornado or what have
you, so we are not out there just basically without the
resources that are needed once the disaster strikes.
I thank you for having this hearing, and will look forward
to Ms. Metcalf's testimony.
The Chairman. Thank you for your comments, Senator
Cantwell.
Senator Begich?
STATEMENT OF HON. MARK BEGICH,
U.S. SENATOR FROM ALASKA
Senator Begich. Thank you, Mr. Chairman. Thank you for
holding this hearing. It is an important topic. I will try to
keep my comments brief. But I also want to give a warm welcome
to an Alaska witness who will be on the second panel, Ms. Mary
David, visiting all the way from Nome, Alaska. We look forward
to hearing her testimony.
In recognizing the challenges of tribal communities as they
prepare, respond to and recover from various disasters requires
collaboration and cooperation. I have been lucky to work on
critical emergency management issues that cut across various
Committee assignments and believe that this lends itself well
to accomplishing a key goal here in the Senate. As chair of the
Homeland Security Subcommittee with jurisdiction over FEMA, I
have been working to highlight the need for tribal engagement
outreach and resources throughout the agencies. Senator Tester,
I want to thank you for the letter we wrote, the response we
got, because we both sit on that committee also. It has unique
opportunities on that committee and this Committee to push the
issue forward.
The new authorities granted to tribes through the Sandy
Recovery Improvement Act allow for major disaster declarations
to be made directly to the President without having to go
through governors. This move puts tribes on par with States and
illustrates the sovereignty that government-to-government
relationship that has been so critical to making progress and
building a strong relationship. But there is work to be done to
fully accomplish this.
On his first trip to Alaska. FEMA Administrator Fugate
heard a lot, I want to underline that, a lot, about this, when
we met with Alaska Native leaders. I believe it is critically
important for FEMA leadership to practice what they preach when
it comes to meaningful outreach and consultation. Each tribe
and village is different, and the threats and hazards they face
are equally so. There are real challenges facing our tribes.
Coastal erosion is wiping out entire communities in western
Alaska. Flooding inundates rural communities along the Yukon
and Kuskokwim Rivers in Alaska. Many villages can see real
seismic damage or tsunami threat following another catastrophic
earthquake.
Mr. Chairman, I think you would agree that FEMA's outreach
over the years has been somewhat lacking. I feel tribal affairs
structure within the agency does not adequately reflect the
critical role that tribal governments and organizations plan in
the emergency management community. I am encouraged by the
hiring of Milo Booth, Alaska Native Tribal Member, of the
Metlakatla Indian Community, to lead tribal affairs in FEMA. I
worry, however, that by housing tribal affairs within external
affairs or intergovernmental affairs the real impact of
regulatory or statutory changes cannot be adequately addressed.
Outreach and meaningful consultation should be done in a
way that fosters a partnership, not a one-way push of
information or not just checking the box. As you know, Mr.
Chairman, the committee that I chair over in Homeland Security
will continue to hold FEMA's feet to the fire. We do oversight
over there on a regular basis and I appreciate this effort here
that you are doing, because it really emphasizes this unique
opportunity to allow tribes to exercise their rights as
sovereign entities, working with FEMA in the midst of a
disaster or recovery from a disaster.
And I would underline, as Senator Udall mentioned,
mitigation, as we struggle with the challenges of climate
change, what do we do in the future to push back and make sure
we have the right kind of mitigation situation.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Begich. I want to welcome
Ms. Elizabeth Zimmerman, who is the Deputy Associate
Administrator for the Office of Response and Recovery at FEMA.
I would just remind you, you have five minutes for your verbal
comments. Know that your entire written testimony will be a
part of the record. There will be a few questions afterwards.
You may proceed, Elizabeth. Thank you.
STATEMENT OF ELIZABETH ZIMMERMAN, DEPUTY ASSOCIATE
ADMINISTRATOR, OFFICE OF RESPONSE AND RECOVERY, FEDERAL
EMERGENCY MANAGEMENT AGENCY, U.S.
DEPARTMENT OF HOMELAND SECURITY
Ms. Zimmerman. Thank you and good afternoon, Chairman
Tester and members of the Committee. I am Elizabeth Zimmerman,
I am the Deputy Associate Administrator for the Office of
Response and Recovery at FEMA. I am here today with a great
opportunity to share FEMA's partnership with our federally-
recognized tribal governments and how we have been implementing
the new authorities that we received as a part of the Sandy
Recovery Improvement Act of 2013, or SRIA, as we call it. I
thank the Committee for the many authorities that were included
in SRIA in order to improve our programs overall, particularly
the provision that allows federally recognized tribes the
choice to come in directly to the Federal Government for a
request for either an emergency or major disaster declaration
independently of the States. I want to emphasize that it is
their choice and we appreciate that.
I would also like to thank Senator Tester for your
leadership in this area as well as Senator Begich for the great
work that we have been able to do and accomplish together. It
is much appreciated.
The engagement with the tribal governments is a top
priority for Administrator Fugate and all the leadership at
FEMA. That is why he has advocated for the change, for the
Stafford Act, pretty much since he got here five years ago, to
make sure that we reflect the tribal sovereignty and the self-
determination for the tribes. I have been overseeing the
implementation of the authority and our continued partnership
with tribal governments on response and recovery efforts.
When we started it, as soon as SRIA passed, we were able to
implement three phases for the disaster declarations. The first
thing we were able to do is use the current regulations that we
have while we were out doing consultation and putting together
draft pilot guidance, which is out right now for public
comment. The next step after that will be regulations.
So immediately after the Act was enacted, we put the new
authority out there, available for tribal governments to use
the existing declaration's regulations, which provided us the
ability to afford them the opportunity to come in directly to
the President for the disaster declaration request. As soon as
possible, providing an avenue to learn from these declarations,
in order to solidify the government to government relationship
that we have. To date seven tribal governments have requested
eight disaster declarations. The President has declared six
major disaster declarations for tribes.
FEMA has been consulting with the tribal governments on
tribal declarations implementation. We wanted to be thoughtful
and deliberate to develop the procedures that would reflect the
unique circumstances of those tribal governments.
Since FEMA initiated the tribal consultation on the first
draft of the declaration's pilot guidance, we have undertaken
one of the largest engagement efforts in this agency's history,
the largest tribal consultation effort by far. To date we have
held 55 in-person meetings to discuss the guidance with over
500 tribal participants representing 220 tribes. For example,
in FEMA's Region 10, which is situated in the State of
Washington, leadership has held seven listening sessions,
across Alaska, from St. Paul Island to the Bering Sea, to
Barrow and the Arctic Slope.
Working with tribal organizations we have held five
meetings across California, the State with the second highest
number of federally-recognized tribes. Over 30 tribes have
participated in new sessions.
From Montana to the Midwest, Florida, Maine, FEMA
leadership across the Country have been out there to talk with
tribes face to face about the tribal guidance, discuss the
Stafford Act and to make available resources, listening to the
feedback and to enhance our government to government
relationship.
After this consultation, we will revise the draft guidance
based on the input we have received. The revised draft will
then be published in the Federal Register, for which we will
hold another round of tribal consultation.
The agency is also collaborating with the tribes to develop
a tribal consultation policy separate from the declarations
policy in order to provide instruction and guidance for FEMA
employees on how to engage in tribal governments on FEMA
actions that have tribal implications. Through grants,
training, outreach and technical assistance, we are also
helping tribes prepare for and protect against, respond to,
recover from and mitigate against disasters. To ensure that
tribes are informed about these opportunities for assistance,
as was mentioned, we have hired Milo Booth, an Alaska Native,
who is sitting here as our National Tribal Affairs Advisor.
In conclusion, I would like to say that FEMA is one part of
emergency management. Our tribal nations are another key
critical component of an emergency management team. And we are
committed to consulting, coordinating and engaging with
federally-recognized tribal governments in the development and
implementation of all of our policies and programs that impact
them.
We look forward to continuing our collaboration with tribes
and this Committee to ensure that we are fully supportive and
engage with the tribal nations. Thank you and I look forward to
any questions.
[The prepared statement of Ms. Zimmerman follows:]
Prepared Statement of Elizabeth Zimmerman, Deputy Associate
Administrator, Office of Response and Recovery, Federal Emergency
Management Agency, U.S. Department of Homeland Security
Introduction
Good afternoon, Chairman Tester, Vice Chairman Barrasso and members
of the Committee. I am Elizabeth Zimmerman, Deputy Associate
Administrator of the Office of Response and Recovery (ORR) of the
Department of Homeland Security's (DHS) Federal Emergency Management
Agency (FEMA). Thank you for the opportunity to discuss FEMA's
partnerships with federally recognized tribal governments, and how we
are implementing new authorities to work directly with tribal
governments as part of the ``Sandy Recovery Improvement Act of 2013''
(SRIA).
I would like to take this opportunity to thank the Committee for
the authority established in SRIA, including the provision that allows
a federally recognized tribe the choice to request Stafford Act
emergency and major disaster declarations independently of states. I
would also like to thank Senator Tester for his leadership in this
area.
The engagement of tribal governments is a top priority for
Administrator Fugate. He advocated for changes in the Stafford Act to
reflect tribal self-determination and provide tribal governments the
choice to seek federal disaster assistance through a state or directly
to FEMA. The passage of SRIA was a major milestone in these efforts,
but was just the first step in fully implementing this important
authority. FEMA continues consulting with tribal governments on tribal
declarations implementation, including the development of the Tribal
Declarations Pilot Guidance.
FEMA supports federally recognized tribal governments, and their
sovereignty and rights of self-determination as a part of the federal
trust responsibility to Tribal Nations. In addition, inclusion of
Tribal Nations is an essential component of FEMA's whole community
emergency management strategy.
Foundational Policies and Strategic Context
Foundational Policies
FEMA has a historical commitment to enhancing government-to-
government relations with tribal nations. The first FEMA Tribal Policy
was created in 1998 and revised in 2010. FEMA further revised and
reissued the policy in late 2013 for an additional three years. This
policy forges a commitment to strong and lasting partnerships by
outlining the guiding principles of engagement and collaboration
between FEMA and federally recognized American Indian and Alaska Native
Tribal governments.
FEMA follows guidance outlined in the President's November 5, 2009
Memorandum on Tribal Consultation. This Memorandum reaffirms Executive
Order (E.O.) 13175, directing agencies to engage in regular and
meaningful consultation and collaboration with tribal officials in the
development of Federal policies that have tribal implications, and to
strengthen the government-to-government relationship between the United
States and Tribal Nations. FEMA is drafting, in coordination and
consultation with Tribal Nations, a Tribal Consultation Policy, which
will supplement the DHS Tribal Consultation Policy. FEMA received
valuable input and comments that are being adjudicated into the final
Tribal Consultation Policy, which will be used as a framework for
future consultation between FEMA and Tribal Nations.
Strategic Context
FEMA's whole community approach reinforces the fact that FEMA is
only one part of our nation's emergency management team. We must
leverage all of our collective team resources in preparing for,
protecting against, responding to, recovering from and mitigating
against all hazards. Tribal Nations are critical components in our
whole community, and our commitment to addressing their needs is
evident in our strategic priority to be survivor-centric in mission and
program delivery. To further survivor-centric goals, FEMA leadership
adopted a ``cut the red tape'' posture to focus on the needs of
survivors and to develop and execute programs and policies with
survivors' perspectives in mind.
FEMA recognizes that the consistent participation and partnership
of tribal governments is vital in helping FEMA achieve its mission.
Tribal Declarations Under the Sandy Recovery Improvement Act
On January 29, 2013, President Obama signed into law, the
``Disaster Relief Appropriations Act, 2013'' (Division A) and SRIA
(Division B) respectively of Public Law 113-2, a legislative package
authorizing several significant changes to the way FEMA delivers
disaster assistance. SRIA is one of the most significant pieces of
legislation impacting disaster response and recovery since the Post-
Katrina Emergency Management Reform Act of 2006.
Section 1110 of SRIA, ``Tribal Requests for a Major Disaster or
Emergency Declaration under the Stafford Act'' authorized federally
recognized tribal governments the option to request a Stafford Act
emergency or major disaster declaration independent of the State where
their lands are located. This new authority also requires the Federal
Government to ``consider the unique conditions that affect the general
welfare of tribal governments'' when developing regulations to
implement this new authority. FEMA has developed a phased
implementation to ensure we consider the unique needs of tribal
governments, which are further outlined below.
Phased Implementation of Direct Tribal Declarations
In consultation with our nation's federally recognized tribes, we
are working thoughtfully and deliberately to develop procedures that
best reflect the unique situation of tribal governments. Therefore,
FEMA is implementing direct tribal declarations in three phases: (1)
through the use of current regulations; (2) through the development and
implementation of pilot guidance; and (3) through notice and comment
rulemaking.
Use of Current Regulations
Immediately after SRIA's enactment, FEMA used existing declaration
regulations and criteria to process declaration requests from tribal
governments. Eight disaster requests have been made, with six major
disaster declarations issued for five tribes: the Eastern Band of
Cherokee Indians, the Navajo Nation, the Standing Rock Sioux Tribe, the
Karuk Tribe, and the Santa Clara Pueblo Tribe, which has received two
disaster declarations. Through these declarations, Public Assistance
and Hazard Mitigation Grant Program funding is being provided directly
to the tribes. The damage assessment information regarding these
declarations is outlined in Table 1 below in the order of their
declaration date.
TABLE 1: PUBLIC ASSISTANCE PRELIMINARY DAMAGE ASSESSMENT ESTIMATES--
TRIBAL DECLARATIONS
------------------------------------------------------------------------
Preliminary
Tribal Government Declaration Date Damage Assessment
Estimate
------------------------------------------------------------------------
Eastern Band of Cherokee Indians 3/1/2013 $3,161,875
(DR-4103)
Navajo Nation (DR-4104) 3/5/2013 $5,223,234
Standing Rock Sioux Tribe (DR- 6/25/2013 $1,277,493
4123)
Karuk Tribe (DR-4142) 8/29/2013 $1,021,557
Santa Clara Pueblo (DR-4147) 9/27/2013 $5,393,852
Santa Clara Pueblo (DR-4151) 10/24/2013 $1,984,960
------------------------------------------------------------------------
Through these declarations, FEMA gathered critical information,
best practices, and process challenges that have informed the
development of the Tribal Declarations Pilot Guidance, which is the
second phase of tribal declarations implementation.
Pilot Guidance Development
We recognize that FEMA's current declarations regulations were
developed to evaluate States' capacity and their need for supplemental
disaster assistance. Since these parameters may not be indicative of a
Tribal Nation's ability to respond and recover from a disaster, FEMA
determined the need to develop procedures and criteria that reflect the
capacity and needs of tribal governments. Before entering the
rulemaking process to codify the tribal-specific procedures, FEMA will
initiate a pilot program to ensure that final regulations sufficiently
reflect the unique needs of tribal governments.
Soon after SRIA was signed, FEMA engaged tribal governments on the
current procedures to process declarations and whether those procedures
should be revised for direct tribal declarations. FEMA used this
initial input to develop a first draft of the Tribal Declarations Pilot
Guidance.
Tribal participation and input is critical to the development of
the Tribal Declarations Pilot Guidance. On April 3, 2014, we initiated
tribal consultation on the draft guidance. FEMA sent written
correspondence from Administrator Fugate to all 566 federally
recognized tribes and issued advisories to national and regional tribal
organizations and associations to advise them of the consultation. FEMA
Regional and Headquarters leadership also presented at numerous tribal
conferences to provide an overview of the declaration process and the
draft guidance.
Between April 3 and July 8, 2014, FEMA conducted 45 listening
sessions around the country, from Northern Alaska to Montana, Oklahoma
to Florida, and to Maine with 445 participants and 189 tribes
represented. Through these listening sessions, FEMA gathered input on
the draft guidance as well as strengthened relationships with tribal
governments. We learned more about the challenges that tribal
communities face, the response and recovery capabilities of tribal
governments, and their understanding of Stafford Act assistance. FEMA
regions have been extremely proactive in meeting consultation requests
of Native Alaskan Villages and Indian tribal governments. For instance,
FEMA Region X consulted with the Aleut Communities of St. Paul and St.
George Islands on St. Paul Island Alaska.
The information gathered in these sessions will be used to revise
the draft guidance. This revised draft will be published for public
comment and a second round of tribal consultation, continuing our
commitment to engage tribal governments in the implementation of tribal
declarations.
Regulations
As required by SRIA, FEMA will begin development of regulations
after the pilot guidance is finalized. This will follow the standard
notice and comment rulemaking process.
Tribal Grants
Tribal governments and their members are an essential part of our
nation's emergency management team, and FEMA is committed to supporting
our tribal partners in its efforts to build more resilient and better
prepared communities. The Tribal Homeland Security Grant Program
(THSGP) supports the building, sustainment, and delivery of core
capabilities to enable tribes to strengthen their capacity to prepare
for, protect against, respond to, recover from, and mitigate potential
terrorist attacks and other hazards. Federally recognized tribes that
meet the criteria as outlined in the Homeland Security Act of 2002, as
amended, are eligible for direct funding. This law prescribes a minimum
allocation of .01 percent of the total funds allocated for all grants
under Sections 2003 and 2004 of the Homeland Security Act of 2002, as
amended. However, FEMA and Department of Homeland Security Headquarters
increased that amount to an average of $10 million per year for the
past three years. Since the program was initiated in FY 2008, more than
150 tribal applications have been funded with approximately $50 million
for capacity and capability building under the THSGP.
Federally recognized tribes are eligible for other pre-disaster
grant funding such as Assistance to Firefighters Grants and Hazard
Mitigation.
Tribal Consultation Policy
In recognition of the Federal Government's trust responsibilities
and to honor and continue to enhance our partnerships with federally
recognized tribes and in accordance with the 2009 Presidential
Memorandum and E.O. 13175, FEMA is collaborating with tribes to develop
a Tribal Consultation Policy. This policy supplements the DHS Tribal
Consultation Policy by providing additional instructions and guidance
to FEMA employees on engagement of tribal governments for consultation
on FEMA actions with tribal implications. It also ensures FEMA is
effectively engaging in regular and meaningful consultation and
collaboration with our tribal partners.
The policy is being developed based on discussion, input and
consultation with tribes to ensure it addresses their concerns and
reflects a government-to-government relationship with Tribal Nations.
The consultation period for the proposed Tribal Consultation Policy
ended on March 30, 2014. FEMA is currently in a thoughtful review of
the input received, and is revising the Policy as appropriate. FEMA
will notify tribes when the policy is published, which is planned for
later this year. The Tribal Consultation Policy will help govern how
FEMA undertakes future consultation with tribes.
Training, Outreach and Technical Assistance Efforts
FEMA is committed to helping tribes prepare for, protect against,
respond to, recover from, and mitigate against disasters through its
training, outreach and technical assistance efforts. FEMA's National
Tribal Affairs Advisor, Milo Booth, works closely with the FEMA
Regional Tribal Liaisons and programs to ensure that tribes are
informed about these opportunities for assistance.
Training
FEMA's Emergency Management Institute (EMI) offered the first
tribal-specific course, titled ``Emergency Management Framework for
Tribal Governments'' in January of 2002. This course was developed in
collaboration with tribal emergency services and emergency management
personnel. In the 12 years since, EMI's Tribal Curriculum has grown to
five tribal-specific courses. Continuing from the success of the first
tribal course, all of these courses were designed with input from
tribal representatives and associations and are intended to help build
emergency management capability in tribal communities. To date, more
than 3,000 certificates of completion have been issued for courses in
the EMI Tribal Curriculum. These courses include ``Emergency Management
Framework for Tribal Governments,'' ``Emergency Operations for Tribal
Governments,'' ``Mitigation for Tribal Governments,'' ``Continuity of
Operations (COOP) for Tribal Governments,'' and ``Emergency Management
Overview for Tribal Leaders.'' Between fiscal year (FY) 2011 and 2013,
1,174 students, of which 998 are tribal government employees and 715
are American Indian or Alaska Native members, completed the five
tribal-specific courses. In FY 2013, 466 students participated in these
courses, which were held in locations across the country, including
Arizona, California, Nevada, North Carolina, Oklahoma, and Washington.
Additionally, tribal emergency management officials have access to 550
active courses offered through EMI.
Outreach
The FEMA National Tribal Affairs Advisor and other FEMA leadership,
regularly attend the annual and mid-year meetings hosted by the
National Congress of American Indians (NCAI), the United South and
Eastern Tribes (USET), the National Tribal Emergency Management Council
(NTEMC), Tribal Assistance Coordination Group (TAC-G), and the Tribal
Emergency Management Association (iTEMA) as well as other regional and
national tribal organizations and associations. These meetings provide
FEMA the opportunity to conduct outreach and establish a stronger
working relationship with these organizations. FEMA's Office of
External Affairs also facilitates information sharing across the Agency
before, during and after disasters that impact tribal communities.
In 2011, FEMA announced an initiative through FEMA's Ready 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, developed with the support of NCAI, uses public
outreach and the support of tribal elders to encourage members of
Tribal Nations to take the basic steps necessary to prepare themselves
for potential emergencies. Ready Indian Country provides 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.
Ready Indian Country's resources include existing Ready Campaign
messaging and build on existing capacity with specific tools customized
for Indian Country. These include brochures, posters and billboards
customized by geographic region to reflect diverse local conditions and
American Indian and Alaska Native cultures; radio Public Service
Announcements (PSAs) in 60, 30 and 15 second formats; and Tribal Leader
Resources to help guide community emergency planning efforts. Ready
Indian Country resources can be found at http://www.ready.gov/
IndianCountry. This is one step in the ongoing actions on the part of
FEMA and the Ready Campaign to nurture this partnership to help tribes
and Native American communities build sustainable and resilient tribal
neighborhoods.
Technical Assistance
The FEMA Regional Tribal Liaisons and the FEMA National Tribal
Affairs Advisor serve as tribes' initial entry into FEMA to facilitate
discussions between tribes and subject matter experts, to share
information, or address questions or challenges. In addition to its
dedicated liaisons and Advisor, FEMA as a whole is dedicated to
ensuring we consult and effectively collaborate with tribal
governments, whether during a disaster, the development of policy, or
program implementation.
Additionally, in coordination with FEMA Regional Tribal Liaisons,
the Technical Assistance (TA) Program provides specialized emergency
management planning assistance to tribes across the nation. This helps
tribes to develop operational plans and to be prepared for disasters or
emergencies. Specifically, the TA program works with tribes to build
capacity, educate their leaders in foundational emergency management
concepts, and enhance relationships among emergency managers and
planners across the state, local, tribal and federal levels of
government.
Since 2011, FEMA has hosted 13 working sessions and workshops to
engage tribes. When the Bureau of Indian Affairs stood up their
Division of Emergency Management in 2013, FEMA increased its
partnership effort with them to deliver tribal TA to the nation's
federally recognized tribes, ensuring even stronger federal
coordination in support of tribal governments.
Additional Tribal Efforts
Tribal Integration Group
FEMA established an internal Tribal Integration Group (TIG) this
year, which serves as an internal coordinating body for tribal-related
engagement and consultation across FEMA programs. The TIG, co-led by
FEMA Senior Executives--the Deputy Director of the Office of External
Affairs and the Director of the DHS Center for Faith-based &
Neighborhood Partnerships--is working to ensure that the Agency meets
requirements to consult and collaborate with and consider tribal
governments needs in the Agency's program and policy development.
In addition, the TIG strengthens efforts to engage tribal
governments in FEMA's processes, procedures and outreach. The TIG is
also in the process of assessing long-term resource and organizational
strategies to build a stronger relationship with tribal nations
throughout the Agency.
The TIG not only serves as an internal coordinating body for
tribal-related engagement and issues across FEMA programs and the
Agency as a whole; it is also a tool for FEMA to discuss and consider
high-level tribal issues for recommended action.
Conclusion
FEMA is committed to consulting, coordinating, and engaging with
federally recognized tribal governments in the development and
implementation of policy and programs.
We are grateful to Congress for these new authorities and are
actively working with the sovereign tribes as they prepare for, protect
against, respond to, recover from, and mitigate against the hazards
they may face.
We look forward to our continued collaboration to further support
tribal governments as they build their emergency management
capabilities. Thank you.
The Chairman. Thank you, Ms. Zimmerman, for your testimony.
I will start. I think FEMA has been working on developing
connections with tribal governments and trying to get the right
information to the right people. That being said, we hear from
folks in Indian Country regularly that they don't know who to
get hold of or how to get in touch with the folks who are going
to help them when they do have a disaster.
Could you talk about FEMA's efforts to increase information
sharing and points of contact for tribal communities?
Ms. Zimmerman. Sure, I would be happy to. When it comes to
coordination, as you know, FEMA has 10 regions across the
United States. Our regional administrators all have a tribal
liaison officer within their offices. They are a conduit to the
rest of the FEMA staff, over 5,000 of us that exist across the
Country. So the tribal liaisons, the regional administrators
and their staff are reaching out to the tribes in order to make
them aware of the tribal guidance, going out and sitting down
with them to get their comments, that is the conduit. We are
happy to provide to you the names of those, the tribal liaison
officers. We can get that to you, as well as the regional
administrators.
The Chairman. So the tribal liaison, just for example, in
Montana, would be located where?
Ms. Zimmerman. That is in our Region 8, which is in Denver,
Colorado.
The Chairman. So are they actually going to the tribes? How
many States do they have? How many States does that tribal
liaison cover?
Ms. Zimmerman. I believe Region 8 has six States.
The Chairman. And it would be all of----
Ms. Zimmerman. It is Colorado, Utah, Montana, North and
South Dakota and Wyoming.
The Chairman. So you have a fair number of Indian folks who
live in those six States.
Ms. Zimmerman. Yes.
The Chairman. Are they going to the tribes? Are they going
actually into--I will pick a tribe--Crow?
Ms. Zimmerman. What they have done is they have both gone
out to meet with tribes as well as they have convened meetings.
Additionally, we have provided invitational travel for the
tribal members to come to meetings to bring more together at
once place.
The Chairman. Okay. You guys do good work. I think that the
outreach is always a continuing challenge, especially with this
program, which is fairly new. Letting those folk know when they
have a flood event or a fire event or whatever the event might
be who to get hold of is critically important.
Up-front costs for FEMA, if the tribes are dealing directly
with you instead of the State, the up-front costs, in the case
of many of the poorer tribes, is a real problem. Whereas if
they go through the State, the State oftentimes picks that up,
they have a few more resources than the tribes do. Is there
anything FEMA can do about those up-front costs, to help reduce
them where the tribe is directly contracting?
Ms. Zimmerman. Are you referring to the cost share?
The Chairman. Yes.
Ms. Zimmerman. Yes, because under the Stafford Act, the
Federal Government pays no less than 75 percent. So the 25
percent, is borne by the grantee or sub-grantees. So that is
something that we are looking at. That has been raised among
the over 800 comments that we have already received on the
draft tribal guidance. We look for folks to give input into
that and suggestions as to how they would address that and how
they would like to see that come out.
So it is something that we are very well aware of.
The Chairman. So you have started that comment period
already?
Ms. Zimmerman. Yes. The comment period started on April 3rd
and we put it out there and we have just extended it, it was
due to expire today.
The Chairman. Can you give me an idea of how many contacts
you have gotten from tribes on this issue?
Ms. Zimmerman. We have had over 800 comments so far.
The Chairman. On this issue?
Ms. Zimmerman. On the declarations tribal guidance.
The Chairman. Okay. I think Senator Begich talked about
this in his opening statement, the placement of the tribal all-
hazards emergency response office in FEMA's external affairs,
apart from the Office of Response and Recovery. What is the
best place for this office? Is it really in External Affairs?
Ms. Zimmerman. Since I am the Deputy for the Office of
Response and Recovery, I have direct access to Milo and he has
direct access to me, as well as everyone else in FEMA
leadership. So to us, it is fine, because they have the access
that they need and can get the information and we share
information very regularly.
The Chairman. All right. Senator Murkowski?
STATEMENT OF HON. LISA MURKOWSKI,
U.S. SENATOR FROM ALASKA
Senator Murkowski. Mr. Chairman, I appreciate your being
here this afternoon.
I want to talk a little bit about the Galena experience in
interior Alaska, but I want you to keep in mind that that is
just one episode of a disaster in rural Alaska that we have so
many more. But Galena is going to be my focal point today. We
see so much in terms of the planning that I think FEMA puts in
place for the buildup into the hurricane season, for instance,
into the Gulf. We have different seasons around the lower 48,
hurricanes, tornadoes, well, in Alaska, we have ice jam season.
It comes every spring. Sometimes it is a season that is without
event and other times it is a season that really writes the
history book.
But it seems like the disaster managers, we write the book
in terms of how to deal with these disasters every year, which
is very, very frustrating. It seems like all the decisions that
need to be made need to be coordinated with headquarters all
the way back in places like Washington, D.C.
Galena is a specific example. There are two ways to get
things into Galena, by barge, and there are a couple barges a
season, or fly them in. So there is no rocket science here,
there is no road to Home Depot. It is a very short time period.
The Inspector General, when we asked him to look at the
disaster situation in Galena, he comes back and he says, he
criticized FEMA for not leaning forward, flying the materials
in rather than going through this check the box exercise.
I have asked for this review, we got it back from the IG,
but there were lessons from Galena, as one example. But more
emblematic of the problem that we have all over Alaska when it
comes to remoteness, inability to access, by traditional
methods, which are roads. How have we learned from that going
forward?
Now, we had an opportunity last week in the Appropriations
Committee to visit with Administrator Fugate to address the
IG's findings with respect to the deficiencies with tribal
collaboration during that event. He suggests that we now have
this new tribal consultation policy. I look at that and say,
well, okay. We have FEMA that views tribes as partners rather
than grantees or perhaps sub-grantees. If that is what is
necessary, maybe we need to look at things that way.
But we have had a tribal policy in place in FEMA since
1989. So how are we at this point where again it seems like we
are reinventing with every disaster that comes? How is it that
FEMA works so much better, seemingly, with the States, than
they do with the tribes? What have we learned from Galena going
forward? Because as sure as winter is going to come, spring is
going to follow and we are going to have flooding in interior
Alaska.
Ms. Zimmerman. Yes, it is a continuous thing and I can
appreciate it. I was up there in Galena this last year.
Senator Murkowski. I thank you for that.
Ms. Zimmerman. There were disasters in 2010, when you have
to fly from place to place, like you said, you don't drive, and
there is not a Home Depot around the corner. I can appreciate
that, and it is something that we continue to try to be better
at.
Senator Murkowski. But have we changed things in order to
be better at, or are we just hoping that next time we get a
little luckier?
Ms. Zimmerman. No, we have been changing things as far as
being able to document what we have done and try to learn from
our lessons. It is something that we haven't been the best at
in the past, really learning from our lessons. But really
taking an honest look at ourselves, after that disaster, and
what can we do better, and put something in place in order to
implement it so we are ready to go.
For the last five years, we have been trying to lean
forward much more by having things ready when we see something
coming. We know that earthquakes can happen at any moment, like
they do in Alaska, some of those very large earthquakes that
happened and the tsunamis that can follow and impact other
people very quickly.
Senator Murkowski. One of the observations that we have
seen now is that we are not using sufficient numbers of folks
that are on the ground. The Native people who live in the
villages, what we get instead are these groups of well-meaning
folk who are coming up from the outside. But I have always
questioned whether or not we rely enough on those who are on
the ground, who understand the conditions, who know that you
can't do anything beyond September 15th because it is getting
cold and freeze-up is coming, as opposed to somebody here in
Washington, D.C. that looks at the calendar and says, we still
have four months left in the year, this is not a problem.
So what are we doing to increase the number of Native
people in the reservist cadres? Can FEMA be doing more in this
regard? I think you need to have people on the ground that are
giving you that practical advice, rather than having this top-
heavy approach.
Ms. Zimmerman. Having people in the field trained in
emergency management and being able to communicate back to us
through our regional administrator who is on the ground or the
folks in the Alaska area office to be coordinating with them
ahead of time; this the best thing that you can do so that we
are prepared and that we know how we are going to communicate
in disasters so as they are working with them, to get us
information. That is the focal point, not back here in
Washington, D.C., but that regional administrator, that
regional office that we have.
Senator Murkowski. But that regional office is still
thousands of miles away.
Ms. Zimmerman. Right.
Senator Murkowski. So how we can truly use the local
people, not somebody who works in Seattle or even Fairbanks,
but somebody who lives in Galena, that is where I would like to
see us go. Let's rely on that local knowledge.
Thank you, Mr. Chairman.
The Chairman. Senator Cantwell?
Senator Cantwell. Thank you, Mr. Chairman. I share my
colleagues' thoughts and frustrations, having actually been to
Galena, but also seeing this in the Northwest.
So I have a few questions for you. She is bringing up an
interesting point. When I think about the mayor of Darrington,
the town of just a few thousand people, he had no capacity,
really, either, he and the police chief and everyone else. So
somebody from the Forest Service came over and became basically
his deputy.
So what she is saying is there are tribal people who could
become part of the response team, workforce, everything. They
are there, and they know the region. So I would encourage you
to look at that.
Does FEMA have protocols for dealing with Indian Country,
protocols that say, this is how you work with Indian Country on
a declaration, this is how you work with them on government to
government assistance, this is how you work with them on
individual assistance? Do you think that is clear within FEMA?
Ms. Zimmerman. We have cultural sensitivity training that
we give to people in disasters. Back when I was with a State,
working in emergency management, and we were working very
closely with our tribal partners, and FEMA provided that type
of expertise so that people do know. And we do provide training
to our disaster reservists, so that they can understand the
cultural uniqueness of our tribal partners.
I have to say that the current consultation process that we
are undergoing for this declaration guidance is bringing more
and more of that to light to us as to how to work and
communicate better. So I see going forward as we are drafting
this guidance that there will be more protocols established as
we develop our consultation policy for FEMA. That policy will
be due out this fall.
Senator Cantwell. I heard about all the listening sessions.
I think that is good in general, but it is not about the
listening sessions, it is about how do you respond in an
emergency.
So on a declaration, once a governor makes a declaration,
how often does it usually take an administration to respond to
that?
Ms. Zimmerman. Depending on the disaster declaration, some
of these things that are immediate, they have been turned
around in 90 minutes. Now, that is not the usual, but that is
when we really need to get some direct Federal assistance.
Typically they are turned around within a matter of days to a
week.
Senator Cantwell. So it took 19 days for the Sauk-Suiattle
to get an emergency declaration. Do you have any idea why?
Ms. Zimmerman. I believe that is because we didn't get it
directly from the State.
Senator Cantwell. Why would you have to get it from the
State, if they are their own entity and they sent it?
Ms. Zimmerman. Because a declaration request came in
through the State of Washington.
Senator Cantwell. Are we saying that that is what the norm
is? Are we saying that every tribe has to go through their
State?
Ms. Zimmerman. No, they have a choice.
Senator Cantwell. Why can't they just make their own
declaration?
Ms. Zimmerman. They can if they submit it directly to FEMA.
Senator Cantwell. I think this is where I would establish a
protocol. I would establish a really clear protocol about how
that works and make sure everybody knows that and understands
it. It is hard, because the same tribe isn't always going to be
hit by assistance and come back to FEMA. But if everybody at
FEMA knows, that we really do want an immediate response to
time for tribes as well, we want to do as well as we do with
governors, we want to do, if they have asked for assistance and
we want to honor that as quickly as possible.
And then as it relates to, I just want to clarify this
point. You can have government, just as the city of Darrington
could apply to FEMA and have government assistance, so could a
tribe. So the reimbursements or extraordinary expenses related
to the natural disaster?
Ms. Zimmerman. So yes, the city of Darrington is a sub-
grantee to the State and they can come in and apply.
Senator Cantwell. And the tribe could do it as well?
Ms. Zimmerman. Yes.
Senator Cantwell. Without going through the State?
Ms. Zimmerman. Well, the city of Darrington cannot go and--
the disaster declaration is made. Once that is made, if it is
through the States, then it goes through the State. But if
tribes come in directly, like the Santa Clara Pueblo, then it
goes directly from FEMA to the tribe.
Senator Cantwell. Okay. I think this is where we need
clarity. A tribe can ask, just like a government entity and can
receive assistance and it should do so expeditiously. And I
again just thank you, Mr. Chairman, and wholeheartedly agree,
you know, we are also dealing with the fires in the Northwest
now. And yes, there are some tribal impacts, too. Everybody
will tell you, just as in Oso and Darrington, just as in
Galena, the local community is so devastated, they want to
help. It is the best thing they can do, is to get in there and
help.
And FEMA did a great job in Darrington and Oso in letting
the locals run the show, even when FEMA came in. It did so
much, so much pride, even the President of the United States
pointed that out when he came there, the local community
stepped up. So I just hope that FEMA will look at ways to let
the local tribal communities step up even more. Thank you.
The Chairman. Senator Udall?
Senator Udall. I am going to pass, thank you, Mr. Chairman.
The Chairman. Senator Heitkamp?
STATEMENT OF HON. HEIDI HEITKAMP,
U.S. SENATOR FROM NORTH DAKOTA
Senator Heitkamp. Thank you, Mr. Chairman.
Obviously North Dakota is no stranger to disaster. We have
had two major floods, both affecting the Mandan, Hidatsa and
Arikira Nation, Standing Rock Sioux Nation and the continuing
slow drip of the rising lake in Devil's Lake, which is
affecting Spirit Lake. So a lot of these issues continue to
provide unique challenges to Indian people and to my tribes in
North Dakota.
It is hard for those of us who have seen kind of the State
side of this and the local, whether it is community development
block grants, whether it is SBA loans, whether it is those
kinds of tools that FEMA routinely uses to help in recovery. It
is heartbreaking to see those same tools not being particularly
effective in Indian Country.
So where we talk about having the declaration done,
respectful government to government relationship, making sure
that the FEMA workers who are on the ground to do the
evaluation have cultural sensitivity as well as a familiarity
with the workers. I want to examine just for a minute the kinds
of typical things that FEMA does in response, let's say, to a
flood, and whether in your experience you have seen that those
tools are not particularly adaptive or capable of being adapted
to Indian Country.
Ms. Zimmerman. I believe the tools and the way we respond
can be very adaptive. As you know, when a disaster happens it
is at the most local level on that tribal government's
community. So as they are responding and as they need
assistance and come up through FEMA, through our regions, to be
able to get that extra assistance, they make that call to the
FEMA region. That is why I encourage and ask all of you to
assist us to make sure to get the word out so that each one of
the tribal leaders understand who the regional administrator is
that they can work with to be out there. So needs are
identified, such as if you need assistance through a mission
assignment to the Corps of Engineers--A lot of flood fighting
happens up in North Dakota area--where the tribes are impacted.
To be able to get that type of assistance, they would come in
through a regional administrator to ask for that and to be able
to get that out there.
Senator Heitkamp. I would like you to focus not just on a
flood fight, or on the immediacy of dealing with the emergency,
but recovery.
Ms. Zimmerman. When it comes to recovery, the same types of
assets are programs. Having the Sandy Recovery Improvement Act
and being able to deal government to government has been the
first key to that. But then to take a look at our programs and
how we administer them--whether it is public assistance for the
infrastructure rebuilding or individual assistance program for
those individuals impacted by the disaster--and how we can now
take and learn from our consultation process what the impacts
of our programs are and how we can work better with the tribal
nations. I think that is key and that is something that we are
learning and getting comments through the consultation.
Senator Heitkamp. Yes, and maybe just to prove my point,
how many SBA loans do you think have been done in Indian
Country in response to a declaration or disaster relief?
Ms. Zimmerman. I have no idea.
Senator Heitkamp. You wouldn't. What is the total dollar
amount that has been allocated back to individual families who
have suffered damages either in the basement and may not have
flood insurance?
Ms. Zimmerman. Right now----
Senator Heitkamp. You see my point, I think. You see my
point, which is that a lot of what is mitigation for families,
I am not talking about government relief, government to
government relief, but I am talking about the kinds of tools
that come to help families and homeowners recover. They are not
tools that are particularly, I don't think, effective in Indian
Country. I think it is important to understand those barriers,
whether they are home ownership or whether they are--whatever
it is that creates a unique situation in terms of dealing
individually with Indian people and recovery.
Just as an example, since I have been there, Turtle
Mountain lost a roof on a school as a result of a high wind.
There wasn't enough money, they turned to the State, the State
wasn't particularly responsive. They turned to us and hopefully
we got things taken care of.
There should be a program in place, or a government to
government relationship that you have established with the
Turtle Mountain Band of Chippewa so that they have the
understanding when this happens to their community, these are
the kinds of assistance that can help.
I think one of the urging in your consultation and in your
discussion is to run through those programs that typically
provide support in the event of a flood or in the event of an
emergency and see how those have been deployed or if they have
ever been deployed in Indian Country on tribal trust land. And
then think broadly about how can we change the outcome so that
someone in Bismarck, North Dakota, who is within the
jurisdiction of a disaster plan is, there is parity between
that and Indian people living in Indian Country.
The Chairman. Senator Begich?
Senator Begich. Thank you, Mr. Chairman.
Let me, if I can, and I might have missed something,
because I was out on a call. So let me ask a couple of
questions. I know when the Galena incident occurred in Alaska,
the Tanana Chiefs and others were able to provide technical
assistance to the tribe and community there.
Can you tell me, is FEMA at this point now fully staffed
and organized to really move forward on a sustainable
relationship with tribes, not only in Alaska but throughout the
Country? Can you give me a sense of where you are? I know we
had some discussion and some work that I know Senator Tester
did and I did regarding allocation of resources and I know you
moved some money around within that organization, I think
around close to $800,000, which is good. But are you staffed up
enough and do you think you have a capacity now to be
sustainable in building these relationships so the technical
assistance can also come from, obviously, your organization?
Ms. Zimmerman. Right. Yes, as I was mentioning, we have the
10 regional tribal liaisons, each one in our regions. But that
is really just the conduit into getting --
Senator Begich. All staffed?
Ms. Zimmerman. Yes. And we have Milo Booth back here, that
has just started with FEMA headquarters. He has some folks
working with him. But really, the key is that all 5,000 FEMA
employees have the ability to provide technical assistance to
tribal governments, just like we do anybody else in emergency
management. Everyone is committed to this effort for the
programs, because they are the subject matter experts.
Senator Begich. Can you tell me, help me understand the
outreach capacity? In other words, having tribes understand
what the role is and responsibility or obligations they might
have, what is the steps that you will be doing? I know that was
one of the concerns we had, that you had such a small budget at
one point that you can't get out to the communities. Where are
you on this now with the money that has been allocated, or you
have reallocated, I should say? Tell me where you are.
Ms. Zimmerman. To date, we have held 54 listening sessions.
We have had over 220 tribes --
Senator Begich. Can I pause you for a second? I don't meant
to interrupt you, but the listening sessions are to gather what
their concerns are about a disaster or about the process of
what you are developing?
Ms. Zimmerman. It is about the disaster declaration
guidance. But it is also to get a better understanding from our
standpoint as to the impacts disasters bring to them and to be
able to identify those unique characteristics and what it is we
need to take into our understanding. What we are considering
our first step is the declaration guidance. As we hear comments
from tribal members about disaster programs, about FEMA
programs, whether it is grants or other things, we are able to
educate ourselves.
Senator Begich. I know in the 2015 budget you have about
$1.5 million for regional office, I think it is enhanced tribal
engagement and more activity under salaries and expenses. So in
the 2016 budget that I know you are in the process, and it is
hard to believe, right, that you are in that? But can you tell
me, are you going to have enough information and detail,
because it is just salaries and expenses, it doesn't tell us,
at least me, enough of how you are going to do what you have
just said plus more engagement that is necessary. Will that be
more detailed or can you help me there understand that a little
bit more?
Ms. Zimmerman. I would have to get back to you.
Senator Begich. Will you do that for the record?
Ms. Zimmerman. We can definitely get back for the record.
Senator Begich. What is your general comment of, and you
may not have enough information yet because you are doing this
kind of listening sessions process, of the nations, tribes and
their ability to be prepared in the sense of preparedness?
Where would you, if you had a one to ten scale, recognizing
that different regions have higher capacity or lower capacity,
what would you say the preparedness of our tribes are for
emergency preparedness? And I say this coming from a city, as a
former mayor, that we strived on this every day, because we
would have to deal with these issues on a very regular basis.
So what would your sense be now and, I am giving a hypothetical
one to ten.
Ms. Zimmerman. I am saying it probably would be low, at
this point. Because a lot of it is new. It is something that
they haven't really specifically worked in. And if they haven't
had a disaster, even to be in the old program, to work through
the State to get a disaster declaration. But it is something
that I think is important--A lot of the sessions I went to I
heard about how they want to learn about the incident command
system, how we run disasters, to have plans, what that plan
looks like and the templates for that.
Senator Begich. Will you engage them in training and those
kinds of activities?
Ms. Zimmerman. Yes.
Senator Begich. Is that part of the budgetary process that
you will want to incorporate?
Ms. Zimmerman. Right. Since 2002, we have offered a tribal
government emergency management course out of our Emergency
Management Institute in Emmitsburg. And we have had over 3,000
tribal members attend that over the last 12 years. So as we go,
we continue to develop more training classes and to deliver it
in the field. Additionally, when we do open up a joint field
office, because there has been a disaster declaration, we have
been specifically in North Dakota with the Minot flooding, and
we were able to bring in and conduct training for tribes in
disaster management.
Senator Begich. Last question, I know my time is up. But in
the national disaster recovery framework that you have, have
you incorporated tribal governments in that process yet?
Ms. Zimmerman. Yes. We did from the start, from day one
when we were rolling out. As I traveled the Country, rolling it
out with a blank piece of paper, we said how we are going to
develop the recovery framework so that we can build some
consistency in how we do recover from disasters.
Senator Begich. Tribal or local governments, State
government.
Ms. Zimmerman. Right. And we had many tribal members
participate in that across the Country.
Senator Begich. Thank you very much, Mr. Chairman.
The Chairman. Thank you.
Before we go to our second panel, I just want to get your
comment on one thing. That is, my crack staff gave me
information that over a four-year period, 2010, 2011, 2012 and
2013, tribal awards amounted to, on average, .2 percent. Point
2 percent of the disaster relief fund. That would indicate to
me, and we haven't done the math, but it would indicate to me
that there may be something in the program that is a deterrent
for Indian Country to go to FEMA. Do you know of anything that
would be a deterrent?
Ms. Zimmerman. I do not. I would have to look at the
disaster declarations that have impacted tribal areas and if
there were tribes that did not come in and ask for assistance.
It would depend on where the disaster and damages occurred.
The Chairman. Okay, that sounds good. I just want to thank
you for being here, Elizabeth. There will probably be questions
submitted in writing for you to respond to later on, but we
have to get to panel two, and we want to thank you for the work
you do and being here today. Thank you very much.
And now I will welcome our second panel. I think we have a
good mix of tribal officials from across the Country. We have
the Honorable J. Michael Chavarria, who is the Governor of the
Santa Clara Pueblo of New Mexico. He will be followed by Ms.
Ronda Metcalf, Secretary for the Sauk-Suiattle Tribe in
Washington State. Next we are going to hear from Matt Gregory,
Executive Director of Risk Management for the Choctaw Nation in
Oklahoma. We will then hear from Ms. Mary David, Executive Vice
President of Kawerak, Incorporated out of Nome Alaska. You have
come a long way. Finally, we are going to hear from Jake
Heflin, President and CEO of Tribal Emergency Management
Association. Once they get started, we will start with you,
Governor Chavarria.
I would like to remind folks, if you could, because there
are five of you who will testify, try to keep it to five
minutes if you can. Know that your full written testimony will
be a part of the record. That will give us an opportunity to
ask some questions.
So with that, you may start, Governor Chavarria.
STATEMENT OF HON. J. MICHAEL CHAVARRIA, GOVERNOR, PUEBLO OF
SANTA CLARA
Governor Chavarria. [Greeting in Native tongue.] Thank you
very much for this opportunity, Chairman Tester, Vice Chairman
Barrasso and members of the Committee, this opportunity to
provide testimony on natural disasters in Indian Country.
My name is J. Michael Chavarria. I serve as Governor for
Santa Clara Pueblo, which is located in North Central New
Mexico.
In 2011, Santa Clara Pueblo was impacted by the Las Conchas
Fire. This fire was very devastating, impacting 80 percent of
our watershed, forests and our spiritual sanctuary. A huge part
of our way of life has been destroyed.
Because Santa Clara Canyon was stripped of its vegetation,
it has become a funnel, generating intense flooding, which puts
the Pueblos at risk. The Pueblo has worked with the Corps of
Engineers and in a recent report that they published, they
identified the village of Santa Clara Pueblo as in imminent
threat of flooding with extreme loss of life, risk there and
the property of Santa Clara Pueblo. This flooding has wiped out
the existing water control structures within the canyon,
destroyed pristine native cutthroat trout fish habitat,
impacted roads, culverts. But most importantly, this
traditional cultural property is located within our spiritual
sanctuary.
These floods have caused approximately $150 million of
infrastructure damage. The Pueblo was requested to come up with
$50 million as our cost match to these Presidential disaster
declarations, an amount far beyond our capacity and
capabilities. We will also be seeking a waiver from the
President regarding these four disaster declarations on behalf
of the Pueblo Santa Clara.
The Santa Clara Pueblo in 2011 had to go with the State of
New Mexico as a sub-grantee because there were no amendments to
the Robert T. Stafford Act that allow the tribes to go directly
to the President. Overall, the ability to directly request for
a Presidential disaster declaration has given the Pueblo
greater control over its own disaster relief efforts. Further,
the implementation of the National Disaster Recovery Framework,
NDRF, by FEMA, which facilitates interagency collaboration, has
been very helpful to the Pueblo, initiating a comprehensive and
coordinated effort among the Federal family.
However, the current laws and regulations regarding
disaster relief remain the product of a different time with the
effect of slow delivery of critically needed resources to the
Pueblo to be implemented in a timely manner. Broadly, the flood
disaster relief framework remains tailored to one-time floods
on the Mississippi River and thus are focused on short-term
efforts. Given the increasing effects of climate change,
disaster relief policies must be shifted to focus on long-term
response.
Empowering tribes to directly request a Presidential
disaster declaration is helpful. But standing alone, it does
not fully address the need for quick funding response. For this
reason, we recommend the creation of a BIA, Bureau of Indian
Affairs, Emergency Response Fund. The idea behind this fund
will be for the BIA to have significant funding that can be
deployed over multiple years to address short and long-term
disaster recovery and disaster mitigation needs.
This proposal could be taken even further by the creation
of an emergency management department or division within the
Bureau of Indian Affairs.
Mr. Chairman and members of the Committee, five minutes is
not enough time to share our experiences with you all. I
request that you hold a field hearing in New Mexico during the
monsoon season, which is now, so that we can all have a
meaningful dialogue and you can see first-hand the experience
the Santa Clara Pueblo has engaged in. Of course, we can't do
that, but there is much more we can share, if you can't come to
New Mexico and see the situation first-hand.
I would like to close by thanking the Committee for the
opportunity and thanking the many Federal agencies and
officials that have worked long hours and continue to address
our concerns for the imminent threat of flooding that exists
there in New Mexico. One of the challenges, Mr. Chairman, is
the tribe must meet a million dollar threshold if we are
supposed to go direct. A lot of the tribes don't have a million
dollars in infrastructure damages.
So we are requesting that we lower, through these field
hearings or these processes, maybe lowering that threshold to
$250,000, even $500,000. Because ultimately, you must be
eligible through your preliminary damage assessment. Once you
declare, FEMA starts to come out and do an assessment. If you
don't meet that million dollar threshold, you are not eligible
for Federal assistance.
And so implementing this NDRF has been very important to
the Pueblo of Santa Clara as it brings all these existing
authorities within the Federal Government to them in a timely
manner and provides assistance to the Pueblo when it is needed.
Not having to wait a year after a disaster to finally get some
funds obligated through a project worksheet, because we are
already behind that eight ball.
So Mr. Chairman, members of the Committee, as I mentioned,
five minutes is not enough time to stress the issues and
concerns. But I really appreciate the opportunity of being here
today and I also stand for questions after the panel has
presented their statements.
Thank you, Mr. Chairman.
[The prepared statement of Governor Chavarria follows:]
Prepared Statement of Hon. J. Michael Chavarria, Governor, Pueblo of
Santa Clara
Introduction.
Thank you Chairman Tester, Vice Chairman Barrasso, and members of
the Committee for this opportunity to provide testimony on the
critically important topic of natural disasters in Indian Country. My
name is J. Michael Chavarria, and I am the Governor of the Santa Clara
Pueblo located in north-central New Mexico. Because of wildfires and
subsequent intense flooding, the Santa Clara Pueblo has had four
Presidential Disaster Declarations (or PDDs) in the last three years.
Indeed, in a recent report, the Army Corps stated: ``The Village of
Santa Clara Pueblo is in imminent threat of large damaging floods with
extreme life safety risk.'' My testimony (1) shares our experiences
with disaster relief, and (2) urges the creation of a Bureau of Indian
Affairs (BIA) Emergency Response Fund, among other recommendations.
Tremendous Efforts of Many Federal Employees
I would like to open by thanking the many individuals that we work
with at the Federal Emergency Management Agency, the Army Corps of
Engineers, the Bureau of Indian Affairs, the Bureau of Reclamation, the
US Department of Agriculture and others for the long hours that they
have committed to addressing what continues to be an existential threat
to the Santa Clara Pueblo. Despite working with laws and regulations
that can be cumbersome or just simply designed for very different
emergencies, they continue to show commitment and determination, for
which I and my people are truly grateful. There is work to be done and
there are significant improvements to be made, but at Santa Clara we
have hope that after suffering a terrible loss we can secure the safety
of our community in the short term and its cultural and spiritual
integrity and prosperity in the long-term.
Need for a Policy Shift
Santa Clara has had four Presidential Disaster Declarations. Two
were secured by request of the State of New Mexico and two were secured
by direct request of the Tribe after the Stafford Act was amended.
Overall, the ability to directly request Presidential Disaster
Declarations has given Santa Clara Pueblo greater control over our own
disaster relief efforts. Further, the implementation of the National
Disaster Recovery Framework (NDRF) by FEMA, which facilitates inter-
agency collaboration, has been helpful to Santa Clara in assuring a
comprehensive and coordinated effort among the Federal family. However,
despite the hard work of many dedicated agency staff members, current
laws and regulations regarding disaster relief remain a product of a
different time, with the effect of still slowing the delivery of
critically needed resources. Broadly, the flood disaster relief
framework remains tailored to onetime floods on the Mississippi River
and thus are focused on short-term efforts (and this not only refers to
funding, but to how each contract is written and the expectations of
the implementing policies). Given the realities of life in the
southwestern United States and the increasing effects of climate
change, disaster relief policies must be shifted to focus on long-term
response such as addressing Santa Clara's post-fire, periodic flooding,
which will remain a great hazard to our well-being for perhaps a
decade, as the Santa Clara Canyon slowly recovers. Although significant
progress has been made, more work remains to be done to ensure
effective responses to natural disasters in Indian Country.
Background
In the summer of 2011, the Santa Clara Pueblo was devastated by the
Las Conchas Fire, which was then the largest wildfire in New Mexico
history. We estimate that over 16,000 acres of our forest lands were
burned and, together with the lands we lost in the Oso Complex Fire of
1998 and the Cerro Grande Fire of 2000, 80 percent of our forests and a
huge part of our heritage has been destroyed. None of the four fires we
have faced in the past decade have originated on our lands, yet we have
suffered severe consequences.
The Las Conchas fire also burned thousands of acres of our
traditional lands outside our current reservation--including the lands
of our origin, the P'opii Khanu, which are the forested headwaters of
the Santa Clara Creek. The Santa Clara Creek drains the east side of
the Jemez Mountains, delivering its waters to the Rio Grande near
Espannola, NM. The Las Conchas burn scar within impacted 25.9 miles of
Santa Clara Creek's upper watershed. The Pueblo owns almost the entire
watershed, and the Tribal village is located on Santa Clara Creek's
alluvial fan, where the Santa Clara Creek joins the Rio Grande.
Because Santa Clara Canyon has been stripped of its vegetation, the
Pueblo has experienced severe flash flooding. All four Presidential
Disaster Declarations have involved infrastructure damages stemming
from catastrophic flash floods. Flooding has wiped out existing water
control structures within the canyon, destroyed once-pristine native
cutthroat fish habitat, impacted roads, taken away culverts, and
damaged the traditional cultural properties of our sanctuary.
Continued Threat of Catastrophic Floods
As a result of the altered hydrology and Geomorphic changes, the
Pueblo is in greater danger today of a catastrophic flood. Because of
the severity of the burn, there has been dramatic reduction in
infiltration rates in the burned area. This has resulted in a four-to-
eight-fold increase in runoff and sediment/debris flow along the creek,
substantially increasing the potential for widespread damage.
The graph below contains data for the Santa Clara Creek pre-fire
and post-fire. As the graph indicates, the worst case scenario is a
100-year storm. For the Rio Grande Confluence, such a storm would have
flooded 5,640 cubic feet per second (cfs) pre-fire and now, post-fire,
would flood 21,450 cfs.
Lessons from our Disaster Relief Experiences
Because of our four Presidential Disaster Declarations, Santa Clara
Pueblo has experience both as a sub-grantee and as a direct grantee. As
you are aware, previously Presidential Disaster Declarations had to be
requested through the states. For tribes, securing a state request for
a Presidential Disaster Declaration could be difficult. New Mexico did,
however, request such declarations on behalf of Santa Clara Pueblo on
two occasions. Unfortunately, in these instances it took up to a year
for the Pueblo to receive the requested disaster relief funds from the
State, hampering our ability to provide urgently needed, immediate
relief.
Amendments to the Stafford Act now allow tribes to directly request
Presidential Disaster Declarations. The ability to become direct-
grantees has given Santa Clara Pueblo greater ability to direct its own
disaster relief efforts. Additionally, the NDRF has been enormously
helpful in coordinating agency responses and providing a more
collaborative and effective approach to disaster recovery.
The direct grantee process, however, is not without its challenges.
It is a new process, and Santa Clara Pueblo has been the first tribe to
utilize it in FEMA Region VI. For both the Pueblo and the Region, there
is a lot of learning that has to take place. We have been going through
that learning process with FEMA--in many ways we feel like we are path-
finders for other tribes, should they be so unfortunate as to face the
difficulties we have faced.
As a sub-grantee, receiving funds through the state, the tribe must
match 12.5 percent and the state has the burden of administering the
grant. As a direct grantee, the tribe's match is 25 percent, although
this can be lowered to 10 percent once the per capita threshold is met.
Additionally, as a direct grantee the tribe is responsible for the
administrative costs associated with the grant, although the Pueblo
receives 3.37 percent in administrative funding from FEMA. Tribes may
also face challenges meeting the $1 million FEMA threshold. This
threshold should be developed to coincide with tribes' financial
resources and capacities, and tribal consortiums should be able to
apply for relief in order to meet this threshold.
Santa Clara Pueblo, as a direct grantee, has seen smaller funded
projects be funded very quickly by FEMA, but larger Project Worksheets
still proceed through a time-consuming quality assurance/quality
control process. This process is clearly important, but it greatly
lengthens the review time, and yet it is very important to get these
funds working when you face the situation Santa Clara faces, where the
next disaster is inevitable, it is only a matter of when. Right now, we
are in the New Mexico monsoon season. Every day we scan the skies and
read the weather reports, fearing the worst and praying for the best.
Receiving funds to support recover efforts prior to the seasonal
impacts of monsoons is imperative in breaking the cycle of continued
damage that has resulted in four Presidential Disaster Declarations for
Santa Clara Pueblo. As our experiences demonstrate, in emergency
situations project implementation is crucial to protecting lives,
securing our community, and preventing repeated damage to key
infrastructure.
The four Presidential Disaster Declarations have put a significant
financial burden on the Pueblo as a small tribe. The matching funds
requirements across four PDDs have drained the Pueblo's financials
resources. Due to these tremendous financial responsibilities, the
Pueblo has requested FEMA to combine the four PDD into one PDD so that
the Pueblo is in a better position to meet the financial cost share
responsibilities. This would allow the Pueblo the opportunity to get to
the 90/10 cost share, using the per capita figures to get to that
level. Right now we are only going to meet that threshold on one PDD,
while the first two as a sub-grantee with the State will remain at 12.5
percent with remaining PDD as a direct grantee at 25 percent. These
variations are challenges we must be aware of so that the Pueblo
properly allocates funds to be in a position to move forward with our
obligations.
Finally, the administrative responsibility that comes along with
being a direct grantee has challenged the Pueblo. We certainly have
proven that we have the administrative capability but we had to learn
through trial and error. As the changes to the Stafford Act allowing
Tribes to request direct are promulgated, FEMA could be best served by
implementing a training program that better communicate the regulatory
requirements that come along with being a direct grantee. This would
position the tribes nationwide to be better recipients of FEMA's help
and this would also allow FEMA to become more familiar with the
capabilities of tribal governments.
As the first tribe in Region 6 to receive direct funding, we know
that we are involved in a learning process with our federal partners.
Training and capacity building is needed on both sides of the federal-
tribal partnership. Tribes need additional training to administer funds
successfully and our federal partners could benefit from allowing
tribes such as Santa Clara Pueblo to conduct training for tribal
liaisons to help them become more familiar with working with tribal
governments. Together we can work to build the capacity of both tribal
and federal actors and to identify areas in which disaster relief
policy can be adapted to better fit the circumstances of natural
disasters in Indian Country.
Emergency Response Fund
Our experiences with disaster relief highlight the need for tribes
to receive assistance as soon as possible following a natural disaster.
Empowering tribes to directly request a Presidential Disaster
Declaration can be helpful, but standing alone it does not fully
address the need for quick funding. For this reason, we recommend the
creation of a BIA Emergency Response Fund. The idea behind this fund
would be for the BIA to have readily at hand significant funding that
can be deployed over multiple years, if necessary, to address short-
and long-term disaster recovery and disaster mitigation needs.
Other Recommendations
Santa Clara has a few other recommendations that range more widely
than those set forth above:
1. Appropriate necessary funds for implementation of Forest
treatments as identified under the Tribal Forest Protection Act
(TFPA). The TFPA authorizes the Secretaries of Agriculture and
Interior to give special consideration to tribally-proposed
Stewardship Contracting or other projects on Forest Service or
BLM land bordering or adjacent to Indian trust land in order to
protect the Indian trust resources from fire, disease, or other
threat coming off of that Forest Service or BLM land. These
stewardship agreements are an important tool for fighting the
ever-growing threat of wildfires in the West. Empowering tribal
governments as caretakers to protect tribal lands by managing
adjacent federal lands is a smart policy. Santa Clara urges the
Committee to support the expansion of this program by both the
Department of Agriculture and by the Department of the
Interior.
2. Implement funding for treatments, on and off the
reservation, utilizing micro-site of land management. This
would be done forgoing the NEPA process to quickly implement a
plan of action of lesson the threat of catastrophic fires from
encroaching upon our Trust Resources. Huge amounts of funds are
used annually for fire suppression while those same funds could
be used to implement Hazardous Fuels Reduction, Fuel Breaks
etc. to lessen the financial responsibility of the Federal
Government for fire suppression activities.
3. Continue consultations with tribes regarding implementation
of the Stafford Act amendments. The Pueblo has been engaged
with navigating a new system afforded by the amendments to the
Robert T. Stafford Act. The opportunities also come with
challenges-and education about the process is essential on both
sides of the table as to properly protect the integrity of such
responsibilities that come along as a Direct Grantee.
4. In addition to creating an Emergency Management Fund within
the BIA, create an Emergency Management Department (EMD). The
EMD would be responsible for protecting Trust Resources before,
during and after emergency situations. Appropriations could be
funneled through the 93-638 process which would allow the
Tribes to use those funds as cost match to other Federal
Authorities. This would allow the Tribes to be in a positon to
meet the required cost match associated under each Authority
dealing with a Presidential Disaster Declaration, thus
providing the protection of lives and community infrastructure
from future impacts.
5. Provide adequate funding to Fire Suppression Activities
budgets. Hazardous Fuels Reduction funding is impacted by the
high costs ``Mega Fires'' that has become the new trend in
wildfires, and reduces the ability of being able to proactively
reduce or minimize the effects of wildfire on tribal forests.
There are many programs that can reduce the risk of
catastrophic wildland fires. These include but are not limited
to: Collaborative Forest Landscape Restoration, Hazardous
Fuels, and Federal and Cooperative Forest Health programs,
Stewardship Contracting Authorities under the Tribal Forest
Protection Act, State Fire Assistance, and others. Approaches
to restoring fire-adapted ecosystems often require treatment or
removal of excess fuels (e.g., through mechanical thinning,
prescribed fire, or a combination of the two) that reduce tree
densities in crowded forests, and the application of fire to
promote the growth of native plants and reestablish desired
vegetation and fuel conditions.
Thank you for your consideration of this testimony.
Appendix: USACE Map
Below is a Map created by the USACE contractor Tetra Tech
indicating the potential flood inundation for potential flood events
from 2 yr. thru 500 yr. flood events within the Santa Clara Pueblo
Community.
The Chairman. Thank you for your testimony, Governor.
Ms. Ronda Metcalf, you are up.
STATEMENT OF HON. RONDA METCALF, SECRETARY, SAUK-SUIATTLE
INDIAN TRIBE
Ms. Metcalf. Thank you. Good afternoon, Chairman Tester and
members of the Committee. My name is Ronda Metcalf.
Although I am going to say I am honored to be here, I have
to say that it is sad for me to be here to have to give this
testimony for my tribal members, the Sauk-Suiattle Indian
Tribe. I am a council member and I am employed as the General
Manager of the Tribe.
This is probably our first time in quite a while in
appearing before a committee, so I wanted to provide some brief
background about the Sauk-Suiattle Tribe. The tribe is located
in the North Cascade Mountains of Washington State, just
outside the town of Darrington. The tribe's reservation was
established in 1985, including our reservation lands. The tribe
currently is the beneficial owner of approximately, this is
incorrect, because we just bought 100 acres of land, so we now
own 200 acres of land. The tribe has approximately 225 enrolled
members. The tribe does not have a gaming facility. Most of our
tribal government revenue is from the tribe's small business
and Federal grants.
On the morning of March 22, 2014, the deadliest mud
disaster in United States history occurred in Oso, Washington.
Our Vice Chairman, Kevin Lennon, was one of the first
responders. He was there, he is a volunteer firefighter for
District 24 of Darrington. And we lose Kevin on a daily basis,
because he is a volunteer firefighter and rescuer. We did not
see Kevin for the first eight days. So we do have a part in the
town of Darrington.
This landslide engulfed 49 homes and was responsible for
the death of 43. The last person's body was found last week, so
we are very happy about that. It also dammed the Stillaguamish
River, causing extensive flooding upstream, as well as blocking
State Route 530. Actually, the mudslide destroyed Highway 530.
In destroying Highway 530, it also destroyed the
infrastructure that went to the city of Darrington and the
Sauk-Suiattle Indian Reservation, that being the phone lines
disrupted phone service, internet service and everything that
we need to use to survive on a daily basis. I think it is
important to know that all the draw downs for funding from the
BIA, Indian Health Services, come through the internet. That is
the only way we get them.
Based on the tribe's experiences in dealing with the Oso
disaster, I want to highlight a few points that are detailed in
our written statement. First, FEMA needs to clarify its
requirements for tribal emergency declarations. An emergency
declaration is usually made during the immediate rescue phase
of a disaster and allows for direct assistance from Federal
personnel. That is the direct declaration that the tribal
chairman and the council was trying to write. These are
different than the requests for the Presidential disaster
declaration, which triggers FEMA's public assistance and
individual assistance program.
The FEMA staff could not provide clear guidance on what
they required for tribal emergency declarations. It took 19
days, from March 27th to April 15th, 2014, for us to achieve an
emergency declaration that FEMA would accept. The confusion and
uncertainty resulted in delaying the tribe receiving
assistance.
Second, FEMA must improve its coordination with tribes and
charitable organizations, like the Red Cross. For example, FEMA
requested that the tribe add additional staff to operate our
tribally-owned convenience store to meet the needs of the first
responders. The tribe was happy to assist in the rescue and
recovery efforts in any way that we could, and readily agreed.
FEMA represented to us that the tribe would be reimbursed for
this additional payroll expense. Despite what the tribe was
initially told, FEMA later informed us that these expenses were
not reimbursable because the business was owned by the tribe.
We also experienced problems in dealing with the Red Cross.
Although not a Federal agency, the Red Cross works closely with
FEMA and gets reimbursed by FEMA for many of its responses
costs. The tribe understands that the on-ground personnel in a
disaster situation face significant challenges and pressures.
This is all the more reason why FEMA must better coordinate
with Indian tribes to provide accurate information and improved
delivery of services.
Finally, the BIA and IHS should formalize their disaster
response protocols and make emergency resources available for
tribes for major disasters. The closure of State Route 530
severely impacted our tribe's members' ability to receive
medical care from Arlington, Marysville and Everett and other
locations. IHS wrote our chairman, suggesting that our tribal
members take public county transportation to medical
appointments, because it was a free service. When tribal
members are sick, elderly and do not feel well, a difficult,
more than 90 mile public bus trip each way is not an acceptable
Federal response. A better approach would have been for IHS to
provide medical staff or mobile health units to the reservation
or provide funding for more patient transport of Indian
patients affected by the disaster. We urge the Committee to
explore with IHS, utilizing IHS's catastrophic health emergency
fund, referred to as the CHEF fund, to pay for these types of
costs.
In closing, the tribe would like to express its thanks to
the other Indian tribes that provided us with assistance. The
Nisqually Tribe sent us food and water, the Colville Tribes
sent their emergency management team to assist us with the
technical aspects of emergency management. And the
Stillaguamish tribe provided us with some fuel cards for our
tribal members.
That concludes my testimony. I would be happy to answer
questions.
[The prepared statement of Ms. Metcalf follows:]
Prepared Statement of Hon. Ronda Metcalf, Secretary, Sauk-Suiattle
Indian Tribe
Good afternoon, Chairman Tester, Vice Chairman Barrasso, and
members of the Committee. My name is Ronda Metcalf and I am pleased to
provide this testimony on behalf of the Sauk-Suiattle Indian Tribe
(``Tribe'' or ``SSIT'') on responses to natural disasters in Indian
country. I serve as the Tribal Council Secretary elect, and General
Manager of the governmental administrative offices of the Tribe.
On behalf of the Honorable Norma A. Joseph, Chairwoman of the
Tribe, I would like to express our appreciation to the Committee for
holding this important hearing. We believe our Tribe's experience
dealing with aftermath of the catastrophic mudslide in Oso, Washington,
this past spring will be valuable to the Committee as it considers
solutions to these issues.
As explained below, the Tribe has three main observations from its
recent experiences. The first is the need for FEMA to clarify its
requirements for tribal emergency declarations. Secondly, FEMA must
improve its coordination with tribes and charitable organizations like
the Red Cross to provide affected tribes with accurate information and
reliable assistance. Finally, the Bureau of Indian Affairs (BIA) and
the Indian Health Service (IHS) should formalize disaster response
protocols and make emergency resources available when tribes are
affected by major natural disasters like the Oso mudslide.
Background on the SSIT
The Tribe was a signatory to the Point Elliot Treaty of 1855 as the
Sah-ku-mehu. Our Homelands are located in the North Cascades, including
the entire drainage area of the Stillaguamish, Sauk, Suiattle and
Cascade Rivers. We have lands and businesses located within the
Stillaguamish valley corridor. All the basic utilities that serve these
areas come up through the Stillaguamish Valley. The Tribe's reservation
was established in 1985 and is located about two miles into Skagit
County along State Route 530 (``SR 530''), just outside the town of
Darrington. There are approximately 20 homes, the tribal administrative
offices, Health and Social Services and Tribal Police on the
reservation. In our community all emergency services are provided on a
cooperative basis by Snohomish County Fire District 24. Our Tribal
Council Vice-Chair, Kevin Lenon, is a volunteer with the fire
department and is ordinarily designated as the lead person in
connection with any emergency.
Currently, the Tribe has over 225 members who reside on, off, or
near the Tribe's reservation lands, as well as numerous members of
other tribes. The Sauk-Suiattle Tribal Council is comprised of seven
elected officials who make up the governing body of the Tribe.
Including its reservation, the Tribe currently owns or is the
beneficial owner of approximately 100 acres of land. We were canoe
people, plying the swift waters of the Sauk, Suiattle, Stillaguamish,
Cascade, and Skagit Rivers, and the Salish Sea. Hunting, fishing and
gathering at usual and accustomed places we have utilized since time
immemorial have been the Tribe's traditional sources of revenue,
subsistence, and ceremonial needs.
The OSO Mudslide
On the morning of March 22, 2014, the deadliest mudslide disaster
in United States history occurred in Oso, Washington. This landslide
engulfed 49 homes, was responsible for the deaths of 43 people and
destroyed utility infrastructure. It also dammed a river, causing
extensive flooding upstream as well as blocking SR 530, which is the
main thoroughfare into and out of the town of Darrington. The town of
Darrington is approximately 11 miles east of the mudslide epicenter and
has a population of approximately 1,300.
With SR 530 being closed for an indefinite time, the socio-economic
impact of the Oso mudslide to the Tribe and its members was severe and
devastating in various ways. Please note that all socio-economic
activities of the Tribe are tied to and conducted in the cities of
Arlington, Marysville and Everett, Washington. This mudslide destroyed
the vital communication infrastructure of the Tribe such as land and
cell phones, and Internet service. Without phone or Internet service,
tribal government operations largely came to a standstill and made the
process of initiating emergency services nearly impossible.
From March 22, 2014, through June 1, 2014, the Tribe and its tribal
members had to commute 92 miles each way to the town of Arlington using
an alternate route. With high gasoline prices at nearly $4.00 dollars
per gallon, the additional commute for tribal members to work or
receive medical services in Arlington, Marysville and Everett was an
extreme, day-to-day financial burden. Many of these household incomes
are already under 200 percent below the poverty level.
In the immediate aftermath of the Oso mudslide, the Tribe requested
assistance from many different federal agencies, including the BIA. The
only immediate response we received was from the BIA's Puget Sound
Agency. The acting agency superintendent and his staff came to the
reservation first thing the following Monday to evaluate the Tribe's
needs. All of our operating costs for the Tribe's governmental programs
increased during the months of March, April, May, June. Those increases
continue to affect the Tribe's budget today.
1. FEMA Must Clarify its Requirements for Tribal Emergency Declarations
Generally, tribes and states can make two types of declarations for
FEMA assistance. The first is an emergency declaration, which is
usually made during the immediate rescue phase of a disaster and allows
for direct assistance from federal personnel. The second, more detailed
declaration is a request for a Presidential Disaster Declaration (PDD),
which triggers FEMA's Public Assistance and Individual Assistance
programs. Congress amended the Stafford Act last year to allow tribes
to request PDDs directly without going through state governments. FEMA
is currently soliciting comments from tribes on draft guidance to
implement the PDD request process.
Much less clear is what FEMA requires for emergency declarations.
On March 27, 2014, Tribal Chairman Joseph made a Tribal Declaration of
Emergency due to the impact of the SR 530 being closed for an
indefinite time because one mile of the highway was under the mudslide.
However, the assistance and instructions the Tribe received from FEMA
were unclear as to the correct terminology to use in the emergency
declaration. It took nineteen days, from March 27 to April 15, 2014, to
achieve a declaration that FEMA would accept. This confusion and
uncertainly resulted in delay in the Tribe receiving tangible
assistance.
Washington State included the Tribe in its request for a PDD, which
President Obama approved on April 2, 2014. The Tribe, however, remains
unclear about FEMA's administrative requirements for emergency
declarations.
Going forward, FEMA needs to formalize guidance on emergency
declarations and how they relate to PDDs and ensure that field staff
can provide tribes accurate guidance. More importantly, senior FEMA
officials need to have this information and relay it directly to tribal
leadership. The Tribe's size and lack of resources does not allow it to
have the resources to maintain a full time emergency management
department, so FEMA must be prepared to provide this information.
2. FEMA Must Improve Its Coordination with Tribes and Charitable
Organizations like the Red Cross
In the weeks following the Oso mudslide, a number of problems arose
because of either inaccurate information or lack of coordination on the
part of FEMA or its partners.
For example, FEMA requested that the Tribe add additional staff to
operate our tribally owned convenience store to meet the needs of the
first responders. The Tribe was happy to assist in the rescue and
recovery efforts in any way that it could and readily agreed. FEMA also
represented to the Tribe that the Tribe would be reimbursed for this
additional payroll expense. The Tribe also sold gasoline to emergency
personnel at cost as a way of assisting the rescue and recovery
efforts.
Despite what the Tribe was initially told, FEMA later informed the
Tribe that the additional costs that the Tribe incurred at FEMA's
request were not reimbursable because the business was owned by the
Tribe. The Tribe relies upon revenue generated by retail and gasoline
sales to consumers at its convenience store located on SR 530. As a
result of the closure of SR 530, the Tribe lost revenue due to reduced
sales which is ordinarily generated by tourist and other traffic. We
are aware in prior disasters that FEMA field personnel have been
confused about how trust property and tribally owned property would be
treated for reimbursement purposes. The Tribe also understands that
state governments are reimbursed when state employees work overtime to
clear debris or otherwise respond to disasters. We still have not
received a satisfactory explanation why these expenses are not
reimbursable.
There was also inconsistency and confusion on the part of FEMA in
providing transportation assistance. FEMA distributed gas cards to
certain residents of the town of Darrington and yet told Tribal members
that they were not eligible to receive this assistance. When the Tribe
questioned FEMA about this discrepancy, we were told that they will
come to the reservation and distribute the gas cards. FEMA staff,
however, did not show up the day that they had promised.
In addition to FEMA, there was also inconsistency and confusion in
the response on the part of charitable organizations such as the Red
Cross. Although not a federal agency, the Red Cross receives
reimbursement from FEMA for expenses it incurs in responding to
disasters and coordinates closely with FEMA.
The Tribe was asked to accept gas vouchers given by the Red Cross
and other charitable organizations, but the reimbursements of the gas
vouchers took so long that our gasoline station incurred an $11,926.00
deficit in the month of April 2014. The store ran out of cash to pay
the gasoline and other vendors who demanded cash upon delivery of goods
and services. Again, these losses are apparently not reimbursable
because the business is owned by the Tribe, or for other reasons that
have not been explained. Similarly, the Stillaguamish Tribe donated gas
cards to the Red Cross and FEMA to assist the population impacted and
yet the tribal members of SSIT--who are also partners of the
Stillaguamish Tribe--did not receive this assistance.
There were also logistical issues with food delivery. All donated
food items were promptly distributed to assist the local food bank in
the town of Darrington. On the other hand, it was not until May 2014,
nearly a month and a half after the mudslide, that the Tribe finally
received a shipment of donated food items from FEMA and the Red Cross.
The food that ultimately arrived was several crates of spaghetti sauce
which had past due expiration dates. Complicating matters was that the
crates of food were infested with mice. This mouse infestation required
the Tribe to close the buildings that the crates were stored in--one of
which was the Tribe's day care facility--to conduct pest control.
Again, these expenses were not reimbursable by FEMA.
In the end, neither our Tribe nor our tribal members could rely on
FEMA's information. Some of our individual members received financial
assistance in May 2014 but the promise of three months of assistance
was never realized.
The Tribe understands that on-the-ground personnel in these
disaster response situations face significant challenges and pressures.
This is all the more reason why FEMA must better coordinate with Indian
tribes to provide accurate information and improved delivery of
services. FEMA must also provide closer supervision over organizations
like the Red Cross to ensure that they are properly carrying out
services for which they seek FEMA reimbursement.
When families are already struggling for assistance, they cannot be
simply told by federal officials what they want to hear. They need to
hear accurate information so that they do not have unreal hopes and
expectations and can plan accordingly.
3. The BIA and IHS Should Formalize Disaster Response Protocols and
Make
Emergency Resources Available when Needed
Finally, the BIA and IHS should implement protocols and make
changes to their programs to provide assistance to tribes when
incidents like the Oso mudslide affect tribes and tribal members.
In the immediate aftermath of the mudslide, the Tribe's
communications systems were severely impacted. On March 25, 2014, the
BIA Regional Office in Portland promised the Tribe a mobile
communication unit to improve the telecommunication of the tribe. To
date, the SSIT communication systems such as land and cell phones, and
Internet services are still not working properly. There are days that
the Tribe has no landline, cell phone and Internet services. The BIA
instructed the Tribe to provide it with a written description of needs
following the mudslide. We provided this information to the BIA but
have yet to see any action on those items.
The closure of SR 530 severely impacted our Tribal members' ability
to receive medical care from Arlington, Marysville, Everett, and other
locations that were not accessible via SR 530. IHS wrote to our
Chairman suggesting that our members take public county transportation
to travel for 60 miles from the reservation to Sedro Woolley to medical
appointments because it was a free service. Not only was this not free,
but it but it required tribal members to transfer buses several times
in order to reach Mt. Vernon, Arlington, Marysville and Everett--
another 60 miles. When tribal members are sick, elderly, and do not
feel well, a more than 90 mile public bus trip each way is not an
acceptable federal response.
A better approach would have been for IHS to provide medical staff
or mobile health units to the reservation, or provide funding for more
efficient private transport of Indian patients affected by these types
of disasters. The Tribe urges the Committee to explore with IHS
utilizing IHS's Catastrophic Health Emergency Fund, popularly referred
to as the ``CHEF,'' to pay for these types of costs going forward.
In closing, the Tribe would like to express its thanks to the other
Indian tribes that provided SSIT with assistance. The Nisqually Tribe
sent food and water. The Colville Confederated Tribes sent some of
their emergency management personnel to assist the Tribe on technical
aspects of emergency management. As previously mentioned, the
Stillaguamish Tribe provided our members with fuel assistance and other
support.
This concludes my testimony. At this time, I would be happy to
answer any questions that the members of the Committee may have.
The Chairman. Thank you for your testimony, Ronda.
Matt Gregory, from Choctaw.
STATEMENT OF MATT GREGORY, EXECUTIVE DIRECTOR OF RISK
MANAGEMENT, CHOCTAW NATION OF OKLAHOMA
Mr. Gregory. Thank you.
In the past 13 years, I have watched the Choctaw Nation
become far better prepared for disasters that keep hitting our
people and our neighbors. But we have much more to do. And we
need your help.
Today I want to highlight three points. First, the Stafford
Act threshold of $1 million is too high for the disasters in
much of impoverished, infrastructure-less Indian Country.
Second, relative to size and challenges, Indian Country
receives unfairly small share of disaster funds from DHS.
Third, we need a GAO study to provide better information in
disaster response, capabilities and resources in Indian
Country.
The Choctaw Nation governmental responsibilities are
daunting. Our boundaries cover ten and a half counties, 11,000
square miles, 230,000 people, and one-fifth of those are
Choctaw members. The lives and families of our members are
intertwined with those of our neighbors. Our government shares
responsibilities with dozens of neighboring towns, city and
county governments.
We know from the news that Southeastern Oklahoma is
confronted each year by several natural disasters: tornadoes,
ice storms, high winds, drought, wildfires, earthquakes. As we
speak, we currently are under a flash flood watch in
Southeastern Oklahoma. Tornadoes alone, between 1950 and 2014,
hit Choctaw communities 336 times, with 48 deaths and $73
million in damages.
The Choctaw Nation's first instinct is to help. For
example, when an EF3 tornado hit Tushka three years ago,
killing two people and injuring 40, we immediately provided
food, water and supplies and helped in cleanup and rebuilding.
We do that every time an event occurs, big or small, Choctaw or
not.
The tribal disaster assistance is absolutely vital in
Indian Country, where insurance coverage is often not
affordable and non-existent. In the Tushka tornado event, one-
half the houses affected did not have home insurance.
Additionally, the current premiums for home insurance have
increased as much as 50 percent since 2011.
All of this can be very challenging. The good news is that
with strategic mitigation projects, we have lessened the
effects of disasters on our tribal members and the communities
in which we reside.
We applaud your changes to the Stafford Act. They
strengthen sovereignty and allow tribes like the Choctaw Nation
to seek a disaster declaration directly from the President. But
the Stafford Act needs further improvement. The $1 million in
damages as a threshold for applying for a disaster declaration,
this often does not work for a tribe which has small
communities spread out over remote rural areas. As you know, a
one size fits all, cookie cutter approach never works well in
Indian Country, especially in Oklahoma, where tribes are poor
and typically do not own utilities, roads and other
infrastructure that, during a disaster, help a county or State
reach the $1 million damage threshold.
I also ask your help in expanding opportunities for tribes
for more direct Federal assistance for preparedness and
mitigation projects. Over the last four years, Indian tribes
have received just 1.3 percent of DHS grant funds. More tribal
specific funding opportunities are needed.
Finally, very little information exists regarding
preparedness, disaster response and recovery within American
Indian and Alaska Native communities. We request that you
utilize the GAO to study the homeland security and emergency
management capabilities of tribes. The GAO report will help
inform Federal decision-makers and assist tribal leaders and
identify specific legislative changes that may be necessary.
In conclusion, we do not have all the answers. But we do
want to be included in the discussion and help shape the
solutions. FEMA and Homeland Security should broaden its
dialogue with Indian tribes to develop and implement a disaster
response policy that makes sense for all of Indian Country. The
continued support of the Committee is critical to the success
of the life and death emergency preparedness of Indian Country.
Thank you.
[The prepared statement of Mr. Gregory follows:]
Prepared Statement of Matt Gregory, Executive Director of Risk
Management, Choctaw Nation of Oklahoma
Good Afternoon. Mr. Chairman, Members of the Committee, my name is
Matt Gregory and I am the Executive Director of Risk Management for the
Choctaw Nation of Oklahoma. On behalf of our Chief, the Honorable Gary
Batton, I thank you for this opportunity to testify.
I am responsible to the Choctaw Nation for oversight of its
Emergency Management Program. Our job is to ensure that the Choctaw
Nation is prepared for, and ready to respond to, the next disaster.
I've held this responsibility for 13 years, and have many years of
experience in the fields of risk management, insurance and public
safety. The Choctaw Nation has grown our emergency response program
over the past 5 years and we expect that we will need to further expand
our capabilities.
The Choctaw Nation jurisdictional boundaries cover a 10\1/2\
county-wide area in southeastern Oklahoma, including Bryan, Atoka,
Coal, Pittsburg, Haskell, Latimer, LeFlore, Hughes, McCurtain, Choctaw,
and Pushmataha counties. We are responsible for approximately 11,000
square miles. This mostly rural area has a Census 2010 population of
233,126. Of that, approximately 42,000 are Choctaw tribal members. The
Choctaw Nation shares governmental responsibilities with various local
units of government. Because of our checkerboard land ownership and the
generations of non-members who now live among tribal citizens in our
communities, our challenges are somewhat different from tribal
governments who exercise jurisdiction over an intact reservation land
base. Our tribal government responsibilities are necessarily
intertwined with the governmental responsibilities of our neighboring
towns, cities, and counties.
Along with our neighbors, the Choctaw Nation of Oklahoma usually is
confronted by several natural disasters each year; including tornadoes,
ice storms, high winds, extreme cold, hail storms, lightning, life-
threatening heat, drought, wildfires, earthquakes, hazardous material
releases, dam failures, and transportation accidents. In 2007, Oklahoma
endured nine separate federally-declared disasters.
Throughout our history the Choctaw Nation has been plagued by
significant disasters that disrupt our lives. According to the National
Climatic Data Center, between 1950 and 2014, Choctaw Nation communities
experienced 336 tornado events, with 48 deaths, and a total of $73
million in damages. In the last decade alone, Choctaw Nation
communities lived through more than 1,450 events from all hazards and
suffered damage totaling nearly $37 million, half of which was
associated with 16 ice storms.
The 2007 winter ice storm had a significant impact on the citizens
of Pittsburg and surrounding counties. 28,399 power outages were
reported lasting for approximately two weeks. The Choctaw Nation
responded immediately and worked with city, county, and state agencies
to help those in need. Some of our activities included:
Renting and placing generators in McAlester, Crowder, and
Stigler at Community Centers used as shelters;
Supplying water, food, toiletries, tarps, batteries,
flashlights, lamp oil, and many other necessities to our tribal
members and other citizens in the affected areas; and
Collaborating with the National Guard to place a generator
at our Travel Plaza which we opened to allow responding
emergency vehicles to fuel up and get supplies.
In April 2011 an EF3 tornado (winds measuring between 136-165 mph)
struck the town of Tushka, just 26 miles from our Choctaw Tribal
Headquarters, killing two people and injuring 40. The Choctaw Nation
had many tribal members, employees, and neighbors deeply affected by
this storm. The Choctaw Nation again responded immediately and had
support on the ground within hours after the storm hit. At one point
there were 100+ volunteers working in the area. Some of the activities
included:
Operating a feeding station at the Command Center for
volunteer workers and displaced citizens;
Delivering food, water, and basic necessities to several
distribution points within the community;
Opening the Atoka Community Center as a shelter and access
point for tribal members needing services; and
Setting up a first aid center for injured citizens and
workers.
I want to note that a survey after the tornado indicated that
nearly one-half of the residents of Tushka did not have property
insurance coverage. We found that after that disaster, the cost of
insurance became even more expensive, increasing by as much as 50
percent. The growing lack of insurance coverage makes the Choctaw
Nation's disaster assistance all the more vital.
The Choctaw Nation has also responded to disasters like flooding
events, microbursts, and winter storms. Our most recent response was to
the winter ice storm that hit Choctaw, McCurtain, Leflore, and
Pushmataha counties. During this event we performed the following
activities:
Renting and placing generators in Hugo and Antlers at
Community Centers used as shelters;
Renting and placing generators in Bethel and Smithville at
Community Centers used as warming stations and water
distribution sites;
Supplying water, food, toiletries, tarps, batteries,
flashlights, lamp oil, and many other necessities to our tribal
members and other citizens in the affected areas; and
Coordinating with the Red Cross and the Southern Baptist
Disaster Relief to cook and deliver meals to several shelters
and feeding stations.
The Choctaw Nation of Oklahoma has responded to disasters outside
our geographical boundaries as well. All citizens of Oklahoma are faced
with these various disasters and the leadership of the Choctaw Nation
of Oklahoma understands that unity in these times is critical to
recovering from a disaster. After the tornado struck Chickasaw
communities in Moore, Oklahoma in 2013, the Choctaw Nation responded
with equipment, personnel, and financial resources to assist in cleanup
and recovery. Disasters affect every aspect of life, and require a wide
variety of responses (for example, one of the many things we did was
deliver chicken feed in Moore to keep flocks alive in the days after
the tornado destroyed their community). For its efforts in Moore, the
Choctaw Nation was honored to receive the ``Doing the Most Good'' award
from the Salvation Army, which is one of many great organizations with
whom we cooperate in disaster relief.
The Choctaw Nation considers itself blessed to have resources
available to assist our tribal members and neighbors during these
disasters. In 2010 the Choctaw Nation received FEMA approval of our
tribally adopted Tribal Multi-Hazard Mitigation Plan. We are currently
working on updating this plan for resubmittal to FEMA. In 2012 we
developed our Choctaw Nation Emergency Response Plan and established
our Choctaw Nation Emergency Response Team. The Choctaw Nation
currently utilizes the National Incident Management System and
maintains current compliance with the program.
In 2012 the Nation hired a full time Emergency Manager and began to
expand the development of the program. As of July this year the Nation
has developed a joint Continuity of Operations/Continuity of Government
or COO/COG plan, emergency communications plan, and is updating our
Emergency Operations Plan or EOP. In addition the Nation will be
developing several other plans to meet our needs and FEMA requirements
(e.g., warning notification, public assistance administration,
donation/volunteer management, other needs assistance, strategic
development, and debris management).
In addition, the Choctaw Nation is also working closely with the
State of Oklahoma and FEMA on a pilot project through the Emergency
Management Accreditation Program, and we hope to be the first Tribe in
the Nation to receive this accreditation. The Choctaw Nation has also
been working on a project with the State and several Voluntary
Organizations Active in Disasters or VOAD groups to ensure that the
needs of children are met after a disaster strikes. In addition, the
Choctaw Nation has been coordinating with the State to identify points
of distribution for supplies in an effort to consolidate resources and
coordinate more effective disaster response.
The Choctaw Nation is an active member of the Oklahoma Emergency
Management Association (OEMA) and of the Inter-Tribal Emergency
Management Coalition (ITEMC). ITEMC was developed to allow tribes to
coordinate and share information regarding disaster response and
preparedness activities. ITEMC has worked very closely with the State
of Oklahoma and FEMA Region VI to bring training opportunities and
vital information to the tribes regarding hazard mitigation and
preparedness activities.
Planning efforts are very important and are vital to our success
but we also realize the need for improvements through mitigation
activities. The Choctaw Nation has completed several mitigation
projects, including the following activities:
Installed generators at several critical facilities;
Developed a public information campaign;
Implemented a storm shelter/safe room program and funded
1,136 shelters for elder and special needs tribal members;
Purchased equipment for the delivery of supplies;
Established a GIS department;
Developed an EOP and response team;
Secured equipment for our Public Safety division for
disaster response; and
Secured an off-site solution for data backup and recovery.
The Office of Emergency Management and the Emergency Management
Program for the Choctaw Nation remains active in times when there are
no disasters. Much of our effort focuses on the preparedness and
capacity of the Tribe to recover from a disaster. Our vast coverage
area can be a challenge but with strategic mitigation projects we hope
to lessen the effects of a disaster on our tribal members and the
communities in which we reside. As we move forward we hope to complete
the following mitigation measures:
Purchasing and installing generators at all of our Community
Centers;
Purchasing and installing generators at all of our Travel
Plazas;
Building multiple warehouses in specific locations for the
quick disbursement of water and supplies;
Building a hardened Emergency Operations Center;
Purchasing a mass notification system to communicate with
our employees and tribal members during a disaster or emergency
situation; and
Creating an arbor program to help mitigate falling tree
limbs on power lines during winter events.
These are just a few of the new measures that will be in our Hazard
Mitigation Plan and of course will depend on available funding through
the Tribe and state and federal funding sources. Federal grant programs
like PDM (Pre-Disaster Mitigation) and HMGP (Hazard Mitigation Grant
Program) are critical to the success of any mitigation strategy and the
Tribe is thankful for the opportunity to apply for these resources. We
applaud the recent changes to the Stafford Act which strengthen the
sovereignty of tribal governments and allow a Tribe like the Choctaw
Nation to seek a disaster declaration directly from the President of
the United States.
As we work with you and the Administration to implement our
Stafford Act authority, there are some issues that may require further
refinement. For example, the Stafford Act set $1 million in damage as
its threshold for applying for a declaration. This may not work well
for a Tribe like the Choctaw Nation, with small communities spread out
over a wide rural area. A tornado can wipe out a small impoverished
town of 30 homes and not meet the $1 million damage threshold. However,
for the 30 families in that community, the devastation is overwhelming
and the destruction is total. A one-size-fits-all, cookie-cutter
approach never works very well in Indian Country, especially in
Oklahoma, where tribes typically do not own utilities, roads, or other
infrastructure that during a disaster help a county or state reach the
$1 million damage threshold.
When the Choctaw Nation, as well as other tribes, responds to a
disaster we are responding to the entire community not just our tribal
members. This creates a list of other concerns with our new Stafford
Act authority:
If the State is not awarded a declaration but our Tribe is,
can a county come to our Tribe for reimbursement of its costs
related to the disaster?
If the State and our Tribe or several tribes are awarded a
declaration, how is that funding allocated?
If our Tribe responds to the entire community are the costs
related to non-tribal response efforts eligible for
reimbursement?
These are just a few of the many unknowns regarding the changes to
the Stafford Act. We do support changes to policy that strengthen
tribal sovereignty and are committed to working with you to make these
changes actually work in Indian Country.
We do not have all of the answers. But we do want to be included in
the discussion and an opportunity to help shape some of the recommended
solutions. We need the help of this Committee to persuade FEMA to open
up a constructive dialogue with all Indian tribes to develop and
implement a disaster response policy that makes sense for all of Indian
Country. These answers need to come quickly. We are faced with a number
of disasters throughout the year, and without quick and specific
direction, our new-found Stafford Act authority lacks some practical
effect.
We would ask your help in expanding the opportunities for tribes to
receive direct federal assistance for preparedness and mitigation
projects. These capacity-building opportunities are critical to the
recovery of any community, especially tribal communities. Over the last
four years, Indian tribes have received just 1.3 percent of the U.S.
Department of Homeland Security grant funds available for preparedness
and capacity building. Tribal specific funding opportunities would
assist Indian tribes to better prepare for and recover from disasters.
Currently very little if any information exists regarding
preparedness response and recovery within American Indian or Alaska
Native tribal communities. We know far too little about the existing
disaster-response capacity, or lack thereof, of tribal governments. We
would request that Congress utilize the Government Accountability
Office (GAO) to study the homeland security and emergency management
capabilities of tribal governments. A GAO report may help inform
federal decision-makers about the challenges of disaster response and
recovery in Indian Country and also assist tribal leaders as we apply
federal policies and opportunities to the needs we must meet in Indian
Country. Perhaps that GAO report could also identify specific
legislative changes that may be necessary to make the Stafford Act work
more effectively in Indian Country.
Finally, we ask that the Committee urge FEMA and the Department of
Homeland Security to include a larger presence of tribal representation
on federal committees engaged in disaster response and recovery. Tribal
representation from a variety of tribes should be required on
committees such as Federal Incident Management Teams, FEMA National
Advisory Council, and the FEMA Floodplain Management Council. The most
useful understanding of tribal disaster response operations will come
from those who deal with these situations on a daily basis.
Again, we are honored by this opportunity to testify and thank you
for it. We appreciate the Committee's leadership and commitment to
Indian Country and our needs in response to disaster situations. The
Choctaw Nation is committed to continuing this dialogue and to better
preparing our people to respond to and recover from disasters. Your
continued support in these matters is critical to the success of
emergency preparedness in Indian Country.
The Chairman. Thank you for your testimony, Mr. Gregory.
All the way from Nome, we have Mary David. The floor is
yours.
STATEMENT OF MARY DAVID, EXECUTIVE VICE PRESIDENT, KAWERAK,
INC.
Ms. David. Good afternoon. Thank you for giving me the
opportunity today to testify.
I work for Kawerak, Incorporated, as the Executive Vice
President. Our corporation represents 20 tribes in 16
communities. All of our communities are located along the sea
coast or along the shores of rivers.
Last November, the President declared a disaster in Alaska
for areas affected by severe storms, straight line winds and
flooding. Several communities in the Bering Straits region were
impacted by these storms. With these storms happening more
often and more severely, coastal erosion seems to be happening
quicker and more often. Shaktoolik, Shishmaref and Unalakleet
were identified by the Immediate Action Work Group as three of
six communities identified as imminently threatened. The 2009
GAO report included Golovin, St. Michael, and Teller. These
threats to life and property still exist today, and are getting
worse.
Stebbins, Alaska is not one of the villages listed, but due
to last November's storms it was hit by a surge of waves that
overflowed and flooded the community. FEMA needs to speed up
the response and recovery process and go out to the communities
as soon as possible after a known disaster occurs to also help
individuals and let them be aware of what access they provide.
Access to emergency funds are also needed immediately to
address life and safety issues such as obtaining heating fuel,
safe drinking water, food, clothing, shelter and communication.
Other response agencies, such as the Alaska Red Cross, local
regional health and tribal organizations and other volunteers
responded faster to Stebbins than the Federal and State
government agencies did.
There is a lack of understanding by Federal agencies and
personnel regarding the unique living situation of remote
Alaska and the challenges that rural residents experience on a
daily basis. Remote Alaska has no highways, there are no docks,
no ports, no railroads connecting communities with other hub
communities or even here to the lower 48. The only access is
via barge from June 1st to September 30th and only by air when
the weather is navigable.
In Stebbins, four homes were damaged and several homes had
water damage inside the home. When disaster occurs, the time it
takes to get back to normalcy can take six months to a year and
oftentimes longer due to the challenges that exist in the wait
time that it takes for supplies to arrive and repair to occur,
due to our very, very short construction season.
Evacuation shelters supply the necessities and alternative
evacuation routes are needed in more vulnerable communities.
Preventive measures to slow the effects of erosion and flooding
are needed while communities plan for long-term solutions. For
the communities that are better off may be relocating they are
placed in a catch-22 situation. Efforts to prevent and protect
the existing village only prolongs the relocation efforts by
reducing the urgency to move. Although tribes can declare a
disaster to FEMA, the non-Federal cost share match is an issue.
The Bering Straits tribes do not have available savings. They
do not have industry services, such as gaming or mineral or
revenue sources to meet that cost share match.
So in Kewarak's viewpoint, it is actually a detriment to
the tribe if they bypass the State and declare a disaster to
FEMA. Our Federal, State and local and tribal governments are
all ill-prepared for both the natural disasters that we have
already experienced and the potential future and natural and
manmade disasters in the future in our region.
Not only is there a lack of a lead agency spearheading
comprehensive efforts to prevent, mitigate and respond to
disasters, there is a lack of coordination among the agencies
that are tasked with carrying out the splintered components of
these efforts. The Stafford Act addresses the response effort
when disaster happens, which is important. But due to changing
climate conditions, changing sea ice conditions and melting
permafrost and the extreme variations in the weather, our
communities are in imminent danger and preventive measures are
needed. No person in the most developed country in the world
should be subject to threats of loss of life due to conditions
that can be mitigated by governmental action.
The United States provides humanitarian efforts to other
countries, oftentimes spending millions of dollars on aid. Our
local populations may be small, but we are impacted just the
same when a disaster happens. We still deserve support and
relief, similar to when a disaster occurs in other countries or
even in lower 48 coastal communities. The U.S. is an Arctic
nation and has an obligation to assert its sovereign authority
and protect national interests. With the authority comes
responsibility for disaster prevention, mitigation and
response, especially in an area such as the Bering Straits
region, which is extremely remote and exposed to international
ocean traffic.
Thank you for giving me the opportunity to testify on this
important issue.
[The prepared statement of Ms. David follows:]
Prepared Statement of Mary David, Executive Vice President, Kawerak,
Inc.
Chairman Tester, and esteemed members, thank you for giving me the
opportunity to submit written testimony on the issue of responding to
natural disasters in Indian country. My name is Mary David, and I'm the
Executive Vice President of Kawerak, Inc. I was born, raised and live
in Nome, Alaska. I am a tribal member of Nome Eskimo Community, I have
a bachelors degree in Social Work from the University of Alaska,
Anchorage and a Master of Public Administration from the University of
New Mexico, Albuquerque, New Mexico.
Our environment is changing at an unprecedented rate. When the
severe fall storms hit our region last November, 2013, several of our
communities were impacted which brought to our attention areas that
need improvement. Besides natural disasters, we are also threatened by
potential manmade disasters due to increased ship traffic through the
Bering Strait.
Kawerak is the tribal consortium in the Bering Strait region of
Alaska, an area with 20 federally recognized tribes and 16 communities.
The region is not connected to the rest of Alaska by roads, and 14 of
the 15 communities are not accessible by road to the hub community of
Nome. Primary access year round is by air service, with small commuter
planes and gravel runways in most of the villages. The ocean freezes
over the winter and barge services ends; air transportation for freight
is thus higher in the winter as it must be flown in. All of the
communities in the Bering Strait Region are located on the sea coast or
shores of rivers. Our service area is approximately 26,000 square miles
or roughly the size of West Virginia. The region's population is about
9,000 people, of which roughly 75 percent are Alaska Native (Inupiaq,
Siberian Yupik and Yupik decent).
We are the first people to know when change is happening in our
environment. The Inupiaq, Siberian Yupik and Yupik people have been in
the Bering Strait region hunting and gathering from the land and sea
since time immemorial. The marine life (pacific walrus, bow head
whales, beluga whales, ice seals, polar bears, fish, ocean plants, sea
urchins and sea birds) are vital and important sources of food. The
impacts of global climate change, severe arctic storms and arctic
shipping on marine life is of high concern due to our reliance on these
food sources.
We notice a change in our environment. Our hunters are having to go
further out to find walrus or oogruk (bearded seals). This may be due
to a number of factors: noise, change in current pattern, weather, and
ice conditions. Ice is a vital element to our survival and its
condition has changed. Local experts have noticed that the ice is less
stable, thinner, softer and melts more quickly in the spring. Our sea
level is also rising. Places where people use to gather fish among the
rocks are now inaccessible and where seals once hauled out on Savoonga,
Alaska it is now underwater and unused. We have also noticed different
species of animals in our region. The Steller sea lion, once seen
during the summer months has recently been documented in the Bering
Strait region into December and humpback whales now are seen with
seasonal regularity north of Bering Strait and have even recently been
documented in the north eastern Chukchi Sea. Additionally, different
plant and animal life are being seen in locations where they have never
been seen before. The Hanasaki king crab, Parlithodes brevipes, arrived
to U.S. waters for the first time when it was pulled from a subsistence
crab hole through the sea ice at Little Diomede during the spring 2003.
Since that time, the Hanasaki crab is a common species harvested near
Saint Lawrence Island. Several egg-bearing females were harvested and
suggest that this unusual visitor is now a new part of the Bering
Strait ecosystem.
Changes to our environment can be characterized by an increase in
surface temperatures, changes to precipitation rates, erosion rates,
decrease in sea ice coverage all stemming from climate change.
(Progress Report, Inuit Circumpolar Conference, 2014) Severe ``super''
storms seem to occur more frequently and more severely. Hurricane force
winds can hit our communities and can knock out power lines, cause
storm surges, create tidal flooding, and impact service delivery and
flights.
Last November 2013, the President declared a disaster in Alaska for
areas affected by severe storms, straight-line winds, and flooding.
There were several communities in the Bering Strait region that were
impacted by a series of storms that affected western Alaska. The storm
damage resulted from coastal flooding due to the storm surge and strong
winds.
Kawerak has a Natural Resources division, which plays a key role in
compiling Traditional Ecological Knowledge. Through our Social Science
program, hundreds of hunters and gatherers (who have lived their whole
lives observing the environment) provided data on the many changes they
have witnessed, such as a rise in sea level, later freeze up and
thinner ice, permafrost melting, changes in weather patterns, and
shorter winters, more rain, and hotter summers. Absent the physical
protections of landfast ice (which act as a seawall), there is more
damage from severe fall and early winter storms. Several of our
communities are experiencing rapid erosion of their shorelines, and may
be better off being relocated.
The impacts from the storm may also be due in part from the lack of
permafrost (permanently frozen subsoil), that holds our land together.
With rising temperatures it has led to the thawing of the permafrost.
When storms occur it erodes the shoreline and riverbanks much more
easily due to its weakened state. The following are recent photos from
the community of Teller, Alaska depicting erosion damage near their
cemetery. As reported in a conversation with Tim Wolforth, with the
Alaska Army National Guard, on a recent trip to Teller, local resident
Joe Garnie informed him the edge near the cemetery has eroded about 20
feet recently. The next ``big'' storm or subsequent storms, where the
crack in the ground is located, is potentially where more erosion could
occur and expose graves.
Erosion can be gradual or extreme with each fall/winter storm
event. With the storms happening more often and more severely, coastal
erosion seems to be happening quicker. Under Governor Palin, a Climate
Change Sub-Cabinet was established which then convened the Immediate
Action Work Group (IAWG) comprised of federal, state and local
officials to come up with ways to protect Alaska's most at-risk
communities. Shaktoolik, Shishmaref and Unalakleet (within the Bering
Strait's region) were identified by the Immediate Action Work Group as
three of six communities identified as imminently threatened. The 2009
Government Accountability Office Report to Congressional Requesters on
villages threatened by flooding and erosion, identified Golovin, St.
Michael, and Teller as imminently threatened by flooding and erosion,
in addition to Shaktoolik, Shishmaref and Unalakleet. These threats to
life and property still exist today, and are getting worse.
Stebbins, Alaska is not one of the villages listed, but due to last
November's fall storm it was hit by high surge waves that overflowed
and flooded the community. Stebbins is located on the northwest coast
of St. Michael Island, on Norton Sound. It lies 8 miles north of St.
Michael and 120 miles southeast of Nome. Currently the population is
estimated at 572. Although the State Emergency Coordination Center
provided advance warning of the storm, the community did not expect the
magnitude of the storm and the potential impact of it, and therefore
was not adequately prepared to respond to it.
FEMA needs to speed up the response and recovery process, and
should go out to the communities as soon as possible after a known
disaster to see its impacts before the clean-up has begun. Also, it is
hard for individuals and families to access assistance because of not
knowing what is available; making a presence soon after a storm would
help those in need. The tribes own limited resources were used to help
meet immediate needs after the disaster. Access to emergency funds are
needed immediately to address life and safety issues such as obtaining
heating fuel, safe drinking water, food, clothing, shelter and
communication. Other response agencies, such as the Alaska Red Cross,
local regional health and tribal organizations and other volunteers
responded much faster to Stebbins than the federal and state government
agencies did.
There is a lack of understanding by federal agencies and personnel
regarding the unique living situation of remote Alaska and the
challenges rural residents experience on a daily basis. In remote
Alaska there are no highways, no docks or ports, and no railways
connecting most communities with other hub communities or the lower 48.
The only access is via barge from June 1st through September 30th and
by air service all year when the weather is navigable. Home owners do
not have a Home Depot to go to and if substantial damage is done, they
often are not repaired for months, sometimes years. Also, the affects
of a storm are not always known or visible until the following spring.
If a storm occurs late in the year, it is difficult to assess damages
and to meet the timeframes for qualifying for assistance.
Nome, Alaska is the hub community in the region. It is 500 air
miles from Anchorage and only has two daily Alaska Airline flights in/
out of the city. Many goods and services (such as food, equipment, and
building supplies) have to be flown in or barged in during the summer
months. With Stebbins, the flood happened last November and work on
cleaning the debris from the community is occurring this summer. In
Stebbins, four (4) houses were damaged and several homes had water
damage inside the home. The outside of these homes look good, but the
inside water damage is difficult to clean and it is taking many months
to make them livable again.
We are experiencing a housing shortage in Nome, and in the rural
villages it may be worse. Several families may live together in one
house. When disasters occur, the time it takes to get back to normalcy
may take from six months to a year and often times longer due to the
challenges that exist and the timeframe one has to wait for supplies to
arrive and repair to occur during our short construction season.
Evacuation shelters (supplied with necessities) and alternative
evacuation routes are needed in the more vulnerable communities.
Preventative measures to slow the effects of erosion and flooding are
needed while communities plan for long term solutions. For those
communities who may be better off relocating, they are placed in a
Catch-22 situation. Efforts to prevent and protect the existing village
only prolongs the relocation efforts by thus reducing the urgency to
move.
Our federal, state, local and tribal governments are ill-prepared
for both the natural disasters that we have already experienced and the
potential future natural and man-made disasters in our region. Not only
is there a lack of a lead agency spearheading comprehensive efforts to
prevent, mitigate, and respond to disasters, there is a lack of
coordination among the agencies that are tasked with carrying out the
splintered components of these efforts. In addition, many of our
communities/tribes do not have response equipment or assets to assist
or support in a disaster. General Manager Matt Melton with Alaska
Chadux stated in the July 24th issue of the Nome Nugget Newspaper that
``In a real response[such as an oil spill response], we would bring in
50 to 100 people'', this does not include Coast Guard or DEC personnel.
He further stated, ``In a small community like Teller, a large influx
of people responding to a spill would stretch the community's
capabilities. Plans need to be in place to supply the workers with
food, places to rest and sleep after 12 hour shifts.''
Our communities alone do not have the resources and the finances to
address erosion problems on their own (there are numerous regulations,
different studies and environmental documents needed). The Immediate
Action Work Group coordinated effort was successful for the six
communities it identified as imminently threatened. By the end of 2009,
through their efforts Shaktoolik, Shishmaref and Unalakleet had
Comprehensive Emergency Plans completed and the training to execute the
plans (what is needed is the continued effort to hold drills annually).
There has been slow progress with other communities in getting required
FEMA plans completed or erosion issues addressed since the IAWG work
ended around 2011. The table below lists each community in the Bering
Strait Region, population, information on who has completed a Hazard
Mitigation Plan (HMP), emergency operation plan (EOP) and if the
community has a search and rescue group and an established volunteer
fire group:
We recommend funding to reinvigorate the IAWG, and a commitment
from the current Governor to reinstate the working group. The
importance and continued need of such a committee to address the flood
and erosion threats that our communities continue to face is vitally
important. This was an exemplary model of coordinating State, Federal
and local leaders to prioritize projects, coordinate resources and
implement projects. The IAWG was an effective Committee that placed
upper level staff of agencies and organizations in an arena that
allowed for information sharing and important dialogue. The IAWG made
recommendations to the State, the U.S. Army Corps of Engineers, and
other agencies to fund mitigation projects that addressed immediate
threats from flooding and erosion. The IAWG also allowed members and
leaders from communities that are threatened to share their threats and
dire circumstances. Kawerak recommends that if the IAWG is resurrected,
and that FEMA could be included to have a key role in the Committee
membership. There is a need for the State and Federal Government
programs to come together, problem solve and involve appropriate tribal
entities; we are all serving the same constituents.
Shaktoolik, Alaska is one of the communities that was reported in
the 2009 federal Government Accountability Office report as ``likely
need[ing] to move all at once and as soon as possible.'' The community
recognized that funding was extremely limited and decided to take the
initiative upon themselves to begin to address their erosion issue. As
reported to KNOM radio, in order to possibly prevent significant damage
to infrastructure, and the community and to protect safety and life to
residents, the City of Shaktoolik after two years of pooling grant
funds from the local Community Development Quota (CDQ) group($620,000),
with modified plans from the Department of Transportation, began
construction this summer of a driftwood pile, embedded with gravel and
backed by a gravel mound. If the berm is properly engineered and
maintained as a protective measure for the community, it can be
eligible under the FEMA public assistance program if damaged in future
storms.
Seawalls are needed, but nearly impossible to obtain due to the
cost. The below photos come from Teller, Alaska.
Teller was informed that there could be no repairs to a seawall
built in the 1960s. Over the years, more of the shore has eroded, and
water damage to the electrical lines of the fuel tanks occurred and the
sewage lagoon behind the school was flooded. A seawall could have
prevented this from occurring.
After last year's fall storm, Kawerak began efforts to prepare our
regional communities to be better prepared for future disasters. An
Emergency Management Seminar was held last April, 2014 in Anchorage,
Alaska with another one planned for the fall of 2014. This joint
seminar sponsored by the Alaska Federation of Natives' Council for
Advancement of Alaska Natives, of which our Kawerak President is the
Chairperson, the State of Alaska and FEMA participated, is an example
of what can work well when key stakeholders jointly work towards
solutions. The session focused on best practices, resources available
and identified gaps in the disaster process. The group of residents who
attended from the regions of Bering Strait, Tanana Chief's Conference
and the Association of Village Council Presidents identified the
following gaps in disaster preparedness:
Help more communities develop Small Community Emergency
Response Plans (deals with the first 72 hours of a disaster)
and Emergency Operation Plans (more long term). Currently, the
Alaska Native Tribal Health Consortium has two staff assisting
tribal communities with Emergency Operations Plans (EOP), and
the State of Alaska works with local municipalities to assist
them as well. However, funding is again limited. Establishing
an EOP requires professional services, and there are some rural
communities who do not even have a municipal government, thus
have very little recognition or support from the State of
Alaska. Technical assistance and training is needed to be made
available through federal and state departments of Homeland
Security (in a coordinated manner) and through FEMA.
Should a tribe seek a disaster declaration directly, having
separate tribal plans is redundant in a small community where
it is often difficult for a city office to develop a Community
Emergency Response Plan or a Hazard Mitigation Plan. Kawerak
recommends FEMA allow a tribe to utilize a city plan (if they
have one) and/or adopt a city plan as their own in order to
meet this requirement.
Tribes are not able to meet the 25 percent cost share match
if they make disaster declarations requests. Although tribes
can declare a disaster directly to FEMA the non-federal cost
share is an issue. The Bering Strait region tribes do not have
available savings or do not have industry services such as
gaming or mineral resources to generate revenue to meet the
required financial cost-share-match. When the State of Alaska
declares a disaster and FEMA funds relief efforts, 75 percent
is covered by the Federal Government and 25 percent by the
State. So from Kawerak's viewpoint, it's actually a detriment
to the tribe if they by-pass the state and declare a disaster
directly to FEMA. Resources to carry out projects in our region
have been very limited and often funding opportunities require
a cost-benefit analysis that factors in population or require a
local cost-share that is prohibitive.
For example, The USACE cost share for projects is
prohibitive. Shishmaref has a revetment project to protect
their sewage lagoon and washeteria, and it has been on hold
because the tribe needs to come up with an $8 million dollar
match. For the Elim harbor the cost-benefit analysis proved not
to pan-out because it didn't create new jobs with a new harbor.
If a cost-share structure is necessary, there should be
consideration for cost-sharing between the Federal Government
and the state government. Tribal governments in Alaska have
practically no tax base to afford a cost share.
Red tape that is prohibitive to accessing funds should be
identified. A national call to tribes and rural communities to
identify barriers should be undertaken. For Alaska, the
regional non-profits could coordinate obtaining this
information.
Small communities lack adequate emergency responders and
equipment, and the limited responders may experience stress in
a disaster as well (they may have personal loses themselves).
If communication systems go down in an emergency, few
communities have a backup communication system and are
therefore cut off from communication. Stebbins experienced a
loss or spotty communication during the storm. Satellite
emergency phones should be made available to all high risk
communities.
Small communities need access to training and technical
assistance for disaster planning and drills.
Very few communities have up to date alarm systems or
adequate disaster supplies and equipment (generators).
More rural grant writers are needed to access mitigation
funding for emergency preparedness.
Land ownership and legal address problems keep people from
getting reimbursement for disaster losses.
Federal and state agency staff land on the ground in an
emergency, while locals are still stabilizing the community.
They often need housing when there is limited housing for
evacuees, and need to talk to the people who are the first
responders when they need to be out working. [Kawerak proposes
FEMA travel to the site earlier. Since there seems to be
differing opinions, FEMA should ask the community to determine
what is the best time to travel to the impacted community.]
What seemed to resonate, as I prepared this testimony, was the lack
of communication between FEMA and stakeholders. The following
recommendations may help improve this:
Develop a preparedness outreach campaign to educate and
inform rural communities on concrete steps they can take to
increase their resilience to natural and man-made hazards.
Improve training and technical assistance opportunities for
all rural communities. Allow regional support entities like
Kawerak, Inc. to be eligible to apply for funding to provide
this kind of support to the tribes that they serve through the
establishment of full-time staff positions, specializing in
disaster risk reduction and emergency management. Storms and
disasters do not typically only affect one community--in most
cases an entire region is affected. Regional plans are needed
and the regional non-profits could provide a mechanism to
accomplish this, especially in areas where there are no
organized boroughs.
Improve training opportunities in rural Alaska for all
emergency preparedness issues, as well as the declaration
process and the programs available. Provide travel scholarships
so more rural leaders can attend trainings. Provide more
village-based training to enable communities to effectively
drill and practice emergency plans.
Use local resources in planning response efforts. The
networking of local knowledge holders with those who have the
technical knowledge is needed. Local, Regional, Tribal, State
and Federal partnerships when disasters occur is needed. If a
spill or an incident were to occur in our backyard, our tribal
members will not stand by. Our pristine environment and the sea
mammals, birds, fish and land animals are at stake. We have
Traditional Ecological Knowledge that is valuable in any
planning and response effort.
On July 16, 2014 an oil spill response drill was held in Teller,
Alaska. The goal was to determine degree of readiness and to
test the logistics of getting oil spill response equipment from
Nome to Teller. The Tribal Council President Wesley Okbaok was
present and was able to assist the response crew with
information about the currents and their behavior in certain
wind conditions, as reported in the Nome Nugget Newspaper (July
24, 2014 issue). Cheryl Fultz, environmental compliance
specialist with Delta Western, who was present at the drill,
stated she learned the most from Wesley. ``When you meet a
gentleman like Wesley, you realize all of the talent available
in the region. The community lives off the sea, and to that end
they know every nuance of how the waters behave.''
Within the Bering Strait region, another group called the Bering
Sea Alliance (comprised of several communities) formed to
address the impacts of increased shipping. This proactive group
is working with Shell Oil Company to address issues related to
disaster prevention and response.
Although the State of Alaska developed a Small Community
Emergency Response Plan (SCERP) template which provides
guidance and assistance to any community that wishes to develop
such a plan and it provides valuable information on what to do
in the first 72 hours after a disaster, education on disaster
assistance processes for communities which have been impacted
by disasters is needed. Many of our communities didn't know who
to contact or how the process works; those villages more
familiar with disasters seem to navigate through the process
easier.
For example, although a disaster declaration was issued for the
November 2013 storm, Elim, Alaska did not seek assistance for
damage due to the storm to one of their roads. Elim spent a
little over $5,000 dollars clearing driftwood and other debris
from Moses Point using BIA Road Maintenance funds (Elim
receives $42,600 a year in BIA Road Maintenance funds). Elim
did not fix the road to its original specs; but removed the
debris to make the road passable. Dirt was added to the four
mile damaged stretch, of the nine mile road and added an eight
foot sand berm on the most vulnerable areas of the road so far
this summer. Elim anticipates expending all or more of their
BIA Road Maintenance funds to make the road safe and usable.
Elim secured an additional $73,000 from a commercial fish
company to reinforce the road infrastructure at the end of the
Moses Pt road where boats are parked. Had Elim been aware that
they could seek disaster assistance, Elim could possibly have
leveraged their roads maintenance funds (and the funds from the
commercial fishing company) to help meet match requirements.
Therefore, using limited tribal roads maintenance funds in
other needed areas.
Another example is with the Stebbins disaster. The Tribal
President still doesn't know who the right person is with FEMA
to communicate with/to. He didn't know the tribe could seek
reimbursement for the expenses they incurred when helping
disaster victims after the storm. He heard about the potential
to seek reimbursement from a local resident of Nome; not from
FEMA personnel. FEMA may be communicating with the City of
Stebbins office, but per the Tribal Council President,
communication is not occurring with him.
Back in August of 2013, Gambell and Savoonga on St. Lawrence
Island received an Economic Disaster Declaration from the
Governor of Alaska. For six months, the State of Alaska
Department of Commerce, Community and Economic Development
coordinated and hosted regular teleconferences with both
community leadership (city and tribal offices), and agencies
who may be able to assist in some way. The calls started out on
a weekly basis, then moved to bi-weekly and near the end, on a
monthly basis. This was very helpful; FEMA should consider this
when a disaster occurs.
Establish further collaboration with rural communities,
tribes and rural resources available. The U.S.C.G. has actively
established relationships with, communicated with, and
coordinated with tribes in our region. Other agencies such as
FEMA, USACOE and the Department of Homeland Security (both
state and federal) should follow suit.
The Bering Strait is the gateway in and out of the Arctic Ocean for
migrating marine mammals and seabirds. The Bering Strait is also a
gateway for maritime transportation. Vessels traveling from the Pacific
to the Arctic--or transiting the Arctic using the Northern Sea Route or
Northwest Passage--have no choice but to pass through the bottleneck of
the Bering Strait. Our life highly revolves around subsistence
activities and the marine environment. Increased ship traffic has the
potential to significantly impact the marine life/environment and our
subsistence way of life. There is a history (1989 Exxon Valdez oil
spill, in 2004 Selendang Ayu oil spill went aground and resulted in the
a spill of approximately 336,000 gallons of fuel oil and diesel fuel)
that shows that manmade disasters are sure to occur. The question is
not if they will occur, it is when, and are we able to respond to the
disasters in a timely fashion.
This is a major concern for the people of the Bering Strait region.
At recent food security workshops held by the Alaska Inuit Circumpolar
Conference, it was reported that from an Inuit perspective, a threat to
food security threatens an entire cultural way of life. The Exxon
Valdez spilled 11 million gallons of crude oil, and the coastal
ecosystem injured by the Exxon Valdez spill is still a long way from
full recovery. Therefore, a potential spill would have long term social
and cultural impacts to the way of life of residents in the Bering
Strait region. Its impacts would also be felt by other Alaskan
communities outside the region who rely on the animals which migrate
through the strait.
The closest U.S. Coast Guard base is in Kodiak, Alaska and that is
over 1,000 miles away. It would take over one day of ocean travel by a
Cutter, 2 hours by C-130 and 5 hours by HM-60 helicopter. Response
agencies such as FEMA, and the Alaska Red Cross are located in
Anchorage, Alaska. There is a huge gap in adequate response time for
the Northern Bering Sea and Norton and Kotzebue Sound waters. Response
to a disaster will not be immediate, it may take hours and it may even
take days depending on the weather.
Up until just a few years ago, the USCG had a Loran Station at Port
Clarence in the Bering Strait Region. This station has been shuttered
and our region's nearest station is now Kodiak, much too far away.
Given the recent increase in ocean vessel traffic through the Bering
Strait, increased presence is needed. A permanent USCG base in the
Bering Strait, the chokepoint between Russia and Alaska, is needed.
Normal spring hunting conditions include access to open water,
availability to secure floating ice, and safe wind directions. In May
2013, unfavorable northerly winds and high ice concentrations along the
northern coastlines of Gambell and Savoonga greatly limited access to
walrus as they passed through during the spring migration period. The
combination of weather factors reduced the number of days during which
subsistence hunters would actually be able to access walrus which were
located deeper beyond the large ice floes near the communities
resulting in a poor walrus harvest. Pacific Walrus is the main food
consumed by residents at approximately 120 lbs. each month. It is
critical for the continued cultural, nutritional, economic, spiritual
well-being, and food security for the residents. The 10-year (2003-
2012) average spring walrus harvest for Gambell and Savoonga for the
months of March -June is 978 (uncorrected factor). The Native Village
of Savoonga and Gambell reported a substantially lower walrus harvest
of 180 during the May 2013 subsistence hunting season. Residents rely
on the available marine resources as a food source and the lack of a
normal walrus harvest has significant economic impacts that prevent
additional financial resources from the sale of ivory. The lack of
these resources impacts the ability to purchase gas or ammunition to
hunt for other available food sources such as seals or birds. Spring
2014 harvest numbers are again lower than normal, and the communities
are again bracing for another disaster due to a shortage of food in the
community caused by unique weather conditions that impacts hunting.
Although the disaster that Gambell and Savoonga experienced was not due
to flooding, earthquake or typhoon, the shortage of food created by
their natural environment contributed to a dire situation. A response
to unique disaster situation such as this, need to be made available.
In conclusion, The Stafford Act is a response when a disaster
happens, which is important. But, due to changing climate conditions,
changing sea ice conditions and melting permafrost and the extreme
variations in the weather, our communities are in imminent danger and
preventative measures are needed. No person, in the most developed
country in the world, should be subject to the threat of loss of life
due to conditions that can be mitigated by governmental actions. The
United States provides humanitarian efforts to other countries; often
times spending millions of dollars in aid. Our local populations may be
small; but we are impacted just the same when disasters occur. We still
deserve support and relief, similar to when disaster assistance and
support is mobilized to other countries around the world or to lower 48
coastal communities. The U.S. is an arctic nation and has an obligation
to assert its sovereign authority and protect national interests. With
the authority comes responsibility for disaster prevention, mitigation,
and response, especially in an area such as the Bering Strait Region,
which is extremely remote and exposed to international ocean traffic.
Thank you for providing time to testify on this important issue.
Additional Storm Photos:
The Chairman. Mary, thank you for making the trek to
Washington, D.C. We appreciate your testimony.
Jake Heflin, you are up.
STATEMENT OF JAKE HEFLIN, PRESIDENT/CEO, TRIBAL EMERGENCY
MANAGEMENT ASSOCIATION
Mr. Heflin. Chairman Tester, members of the Committee, my
name is Jake Heflin. I am the President and Chief Executive
Officer for the Tribal Emergency Management Association, or
iTEMA. I am an enrolled citizen of the Osage Nation, or Wah Zha
Zhi Nation, out of Oklahoma.
On behalf of iTEMA, I want to thank for you holding a
hearing on When Catastrophe Strikes: Responses to Natural
Disasters in Indian Country. With over 23 years of experience
in emergency services, I have served in various capacities to
include firefighter, paramedic and community emergency response
team, or CERT program manager. I currently work for the City of
Long Beach Fire Department in California.
iTEMA is a national tribal organization comprised of
volunteers that focus on tribal emergency management and
emergency services. The mission of iTEMA is to promote a
collaborative, multi-disciplinary approach to coordinate and
enhance emergency management, response and recovery to protect
all tribal communities.
As an emergency responder and emergency management
instructor that works with tribal governments throughout Indian
Country, it has become evident that there is a significant
disparity between the state of readiness for tribal communities
versus that of local, county and State governments. It boils
down to capacity, capability, and funding. With an increasing
number of challenging and escalating incidents impacting Indian
Country, it is apparent that a solution is necessary to address
this disparity. Identifying ways for impacted tribes to request
assistance from tribes and/or other Federal partners or tribal
emergency management experts and organizations like iTEMA
during an emergency incident is critical.
When a catastrophe strikes, the Federal response to natural
disasters in Indian Country is slow, tedious and in significant
need of a comprehensive overhaul. Coordinated planning and
preparedness activities initiated by tribes and the Federal
Government are important. These initiatives lessen the impacts
of disasters in Indian Country. However, more support is
needed.
Despite providing pre-disaster support and technical
assistance and planning before disaster strikes, at the time of
the incident FEMA is not really available until monetary
thresholds are met by the disaster. Even when FEMA responds to
disaster, FEMA does not support the tribes operationally.
iTEMA believes that as an association we should be utilized
and provided with the opportunity to support the Bureau of
Indian Affairs and support FEMA through development of
memorandums of understanding to support our direct
participation and response. iTEMA recommends that Federal
funding be set aside to further support the continued
development and maintenance of the Tribal Emergency Mutual Aid
Compact, or TEMAC. Given the specific complexities associated
with emergency response in Indian Country, iTEMA believes that
there should be a specific tribal emergency support function,
or tribal ESF, within the national response framework. A tribal
ESF would further enhance the visibility of tribes at the
Federal level. The Tribal Assistance Coordination Group, or
TAC-G, is an example of the successful strategy in increased
communications with tribes and other Federal partners.
Additional work must be done to meet the needs of tribal
communities. The development of tribal CERT programs, tribal
fire and EMS programs and tribal emergency management programs
should be supported nationally through direct funding to
tribes. This program must be funded to meet the current demand
and open to all tribes that show a need and can articulate a
plan for developing these services.
iTEMA asks that the Congressional Research Services
investigate the state of tribal emergency management and
emergency services, as there is inconsistent information as to
the state of readiness in Indian Country. The current capacity
and capabilities of tribal emergency services are, for the most
part, relatively unknown. An assessment and clearinghouse for
this information should be established.
The Federal Government plays a pivotal role in Indian
Country during emergencies. They have the ability to bring
robust capability of supplemental disaster funding to support
tribes. The reality is, though, that within Indian Country,
most incidents will never meet the Federal Government
thresholds and the available Federal support will be minimal.
This must change.
The thresholds of presidentially-declared disasters must be
looked at from a tribal perspective, not a hard number. Tribes
are different. Incidents impacting our sacred sites don't carry
monetary value. For us, it is priceless, our people, our
culture, our ways of life, those are our most precious
resources.
I ask today that Congress fund the Federal Government to
establish a baseline for tribal emergency response and
recovery. I ask that the Federal Government look to their
tribal partners to find solutions that empower Indian Country
to be self-reliant. This requires funding and an overhaul of
the current system.
Emergency management funding must be provided directly to
the tribes. Access to these funds is necessary in order to
support the development of tribal capacity and capability. To
minimize loss, we must take a proactive approach in dealing
with natural catastrophes. We must focus on preparedness and
mitigation to reduce the loss associated with response and
recovery.
In conclusion, I appreciate the opportunity to speak today.
I look forward to working together to promote and enhance
emergency management response and recovery throughout Indian
Country. Thank you, and I am open to any questions you might
have, sir.
[The prepared statement of Mr. Heflin follows:]
Prepared Statement of Jake Heflin, President/CEO, Tribal Emergency
Management Association
Chairman Tester, Vice Chairman Barrasso and Members of the
Committee, my name is Jake Heflin, I am the President and Chief
Executive Officer for the Tribal Emergency Management Association, also
known as iTEMA. I am an enrolled Citizen of the Wah Zha Zhi Nation
(Osage Nation) out of Oklahoma. I am from the Tzi-Zho Wah-Shtah-Keh
Clan. I was given the name Tah-Wah Gka-Keh ``Town Maker''.
On behalf of iTEMA, I want to thank for you holding a hearing on
``When Catastrophe Strikes: Responses to Natural Disasters in Indian
Country.''
With over 23 years of experience in emergency services, I have
served as a Firefighter, Paramedic, Field Supervisor, Field Training
Officer, Paramedic Preceptor and Community Emergency Response Team
(CERT) Program Manager. I currently work for the City of Long Beach
Fire Department in California.
iTEMA is a national tribal organization comprised of volunteers
that focus on Tribal Emergency Management and Emergency Services. The
mission of iTEMA is to promote a collaborative, multi-disciplinary
approach to prepare for, protect against, respond to, recover from, and
mitigate against all hazards that impact our Tribal communities.
As an emergency responder and emergency management instructor that
works with Tribal governments throughout Indian Country, it has become
evident that there is a significant disparity between the state of
readiness for Tribal communities versus that of local, county, and
State government. It boils down to capacity, capability, and funding.
With an increasing number of challenging and escalating incidents
impacting Indian Country, it is apparent that a solution is necessary
to address this disparity. Identifying ways for impacted Tribes to
request assistance from other Tribes and/or other federal and Tribal
emergency management experts like iTEMA during an emergency incident is
critical. Immediate emergency operational assistance, whether it is
simply to provide support over the phone or actually deploy resources,
is, for the most part, an unmet need for Indian Country. Tribes are
left to fend for themselves, with minimal assistance and cooperation
from local and State agencies. These reoccurring events led to the
creation of iTEMA.
iTEMA strives to provide technical assistance that supports Tribes
as they prepare and consider critical information for declaring a State
of Emergency, tracking costs associated with the event, managing
resources and the corresponding documentation that supports requests
for reimbursement should the event meet the thresholds for a
Presidential Declaration.
iTEMA also provides training opportunities by way of our annual
conference and we offer specific classes targeted at increasing
emergency capacity and capabilities. iTEMA assists in development of
Tribal CERT programs and developing comprehensive plans that help
Tribal communities take proactive steps to minimize and mitigate loss
associated with future events. Efforts are currently underway by iTEMA,
individual Tribes, and other partners such as the State of California
Office of Emergency Services to develop Tribal Incident Management
Teams to further provide additional resources for Tribal communities.
When a catastrophe strikes, the Federal response to natural
disasters in Indian Country is slow, tedious and in significant need of
a comprehensive overhaul. Coordinated planning and preparedness
activities initiated by Tribes and the Federal Government are
important. These initiatives lessen the impacts of disasters in Indian
Country. However, more support is needed. The United States Federal
Government has taken some small steps to enhance the outreach and
opportunities to support these initiatives, but lacks the operational
coordination when working with Tribes on real events. For example,
despite providing pre-disaster support, technical assistance and
planning before a disaster strikes, at the time of the incident, FEMA
steps away from Tribes until monetary thresholds are met by the
disaster. Even when FEMA responds to a disaster, FEMA does not support
the Tribes operationally.
Currently, the systems that are in place to support Indian Country
during disasters rely heavily on the Federal Government to provide All
Hazards Emergency Response Operations (A-HERO) support during events
that impact Tribes. Often, this assistance from the Federal Government
is provided by part-time or on call staffing that have no specific
experience relating to the emergency needs of Tribal communities.
Tribes are uniquely different. As sovereigns, Tribes have a
responsibility to provide for the public safety of their citizens.
However, when Tribes are overwhelmed by a disaster, the Federal
Government has a trust responsibility to support Tribes and provide the
appropriate assistance.
The current National Response Framework does not adequately
identify a primary Federal lead for disasters in Indian Country.
However, iTEMA believes that the response model for Indian Country
needs to include FEMA, the Bureau of Indian Affairs, other Federal
Partners and non-governmental organizations like iTEMA for increased
support and involvement.
During disasters, first responders play a pivotal role in a Tribe's
ability to manage the incident. In the areas of Tribal Structural Fire
and Tribal Emergency Medical Services, there is minimal federal
engagement to support these programs. Wildland Fire responsibilities in
Indian Country already exist under the Bureau of Indian Affairs. Thus,
iTEMA proposes bringing these additional emergency services together
under the Bureau of Indian Affairs Emergency Management division to
create a comprehensive all-hazard, all-risk approach to managing
response throughout Indian Country.
iTEMA believes that as an association, with a focus on Tribal
emergency response, we should be utilized and provided with the
opportunity to support the Bureau of Indian Affairs and FEMA, through
the development of a Memorandum of Understanding to support our direct
participation in response. The Tribes would see a marked change in the
level of experience and awareness that these responders bring to Tribal
communities in need of support and assistance.
iTEMA recommends that Federal funding be set aside to further
support the continued development and maintenance of a Tribal Emergency
Mutual Aid Compact (TEMAC). Just as the National Emergency Management
Association receives funding to support the State to State mutual aid
(EMAC), iTEMA believes we are well positioned to manage this effort on
behalf of Indian Country. This process will support Tribes in a more
effective manner and streamline the process for Tribes to receive
outside support from other Tribes and Tribal organizations.
Given the specific complexities associated with emergency response
in Indian Country, iTEMA believes that there should be a specific
Tribal Emergency Support Function (ESF) within the National Response
Framework (NRF). ESF's provide structure for coordinating Federal
interagency support as it relates the how the Federal Government
responds to an incident. A Tribal ESF would further enhance the
visibility of Tribes at the Federal level with regard to response. The
Tribal Assistance Coordination Group (TAC-G) is an example of a
successful strategy to increase communications with Tribes and other
Federal partners.
Additional work must be done to meet the needs of Tribal
communities. The development of Tribal CERT, Tribal Fire and EMS
programs and Tribal Emergency Management programs should be supported
nationally through direct funding to the Tribes. This program must be
funded to meet the current demand and opened to all Tribes that show a
need and can articulate a plan for developing these services.
The Tribal Coordination Support Annex, part of the National
Response Framework, should be released immediately. This annex has
already been created but remains tangled in red tape and bureaucracy
for unknown reasons.
iTEMA asks that Congressional Research Services investigate the
state of Tribal emergency management and emergency services as there is
inconsistent information as to the state of readiness in Indian
Country. The current capacities and capabilities of Tribal Emergency
Services are, for the most part, not really known. An assessment and a
clearinghouse for this important information must be established, in
order for Tribes to share this important information between agencies
and other partners. Indian Country must have better snapshot of our
current state of Tribal Emergency Services to better identify the unmet
needs that exist.
The strategic, operational, and tactical aspects of Tribal
emergencies from the United States Federal Government must be handled
by those with the background and experience to do so. Currently, FEMA,
at the Headquarters level, chooses to house Tribal Affairs in FEMA
Intergovernmental Affairs, part of FEMA External Affairs. Despite
recommendations from Indian Country and other Federal Government
partners, FEMA Headquarters has not realized the importance of placing
Tribal All Hazards Emergency Response Operations (A-HERO) within the
FEMA Office of Response and Recovery. Even at the FEMA regional level,
some FEMA Regional Directors have chosen to move Tribal emergency
operations out of External Affairs, into more appropriate places, like
the FEMA Regional Preparedness Branch.
The Federal Government plays a pivotal role in Indian Country
during emergencies. They have the ability to bring robust capability
and supplemental disaster funding to support Tribes. The reality is
that within Indian Country, most incidents will never meet the Federal
Government thresholds and the available Federal support will be
minimal. This must change. The thresholds of Presidentially Declared
Disasters must be looked at from a Tribal perspective, not a hard
number. Tribes are different. Incidents impacting our sacred sites
don't carry a monetary value. For us, it's priceless. Our people, our
culture, our way of life are our most valuable resources. For Tribes,
emergency management is something we have practiced for centuries.
However, with a changing climate and escalating technological hazards,
Tribes are at increased risk.
I ask today, that Congress fund the Federal Government to establish
a baseline for Tribal emergency response and recovery. I ask that the
Federal Government look to their Tribal partners to find solutions that
empower Indian County to be self-reliant. This requires funding and an
overhaul of the current system. Emergency Management funding must be
provided directly to Tribes. Access to these funds is necessary in
order to support the development of Tribal capacity and capability. To
minimize loss, we must take a proactive approach when dealing with
natural catastrophes. We must focus on preparedness and mitigation to
reduce the loss associated with response and recovery.
iTEMA is an organization that was created to support Tribes during
disasters. It was built on the premise of ``Tribes helping Tribes''.
iTEMA is committed to working with the Federal Government to develop
and implement these solutions.
In conclusion, I sincerely appreciate the opportunity to speak
today and look forward to working together to promote and enhance
emergency management, response, and recovery throughout Indian Country.
Thank you and I am open to any questions you may have.
The Chairman. Jake, thank you for your testimony. I thank
all the participants on this panel for their testimony.
Senator Begich?
Senator Begich. Thank you very much, Mr. Chairman.
Mary, thank you for coming. I know the trip is long and I
appreciate you being here. Thank you for your testimony and
thank you for the work you do with Kawerak and many of the
tribes there.
I have a few questions for you. You talked about the storm
in November 2013 in the Bering Straits and the region. Can you
provide some examples of work being done in the villages to
kind of better prepare for future disasters? Along with that,
can you add how has FEMA worked with you or not with this new
tribal office?
Ms. David. It has been a slow process. I think when the
Immediate Action Work Group work ended back in 2011, I think it
got even slower. Kawerak recognized that every year we
continually have fall and early winter storms. To be proactive,
the State of Alaska has a spring preparedness conference.
Before that conference began this year, the AFN Council for
Advancement of Native Americans had a pre-session. That was
beneficial for the representatives from Kawerak, ABCPNTCC. So
that type of activity occurred, and another one is planned for
this fall before AFN begins.
Senator Begich. Was FEMA a part of that?
Ms. David. Yes.
Senator Begich. The State and FEMA and other agencies?
Ms. David. And other agencies, yes.
Senator Begich. Very good. So you found that beneficial?
Ms. David. Yes.
Senator Begich. And do you know of other trainings or
activity that you all, from your region or any other region you
might know of, that utilizes FEMA training?
Ms. David. No.
Senator Begich. Is there a way that maybe, sometimes
communicating or getting information out, especially in Alaska,
especially rural Alaska, is not as simple as just running a TV
ad, but are there ways you would recommend for FEMA, especially
with their new tribal office, to be very proactive in getting
information out on these training opportunities? For example,
there was a mention when I was asking the last speaker, in
regard to how many people participated in FEMA training from
tribal communities, there was a sizeable amount. But are there
suggestions you might have on what we could do or we could
suggest to FEMA on how to communicate to tribes on what is
available in FEMA for specialized training around emergency
preparedness and other needs?
Ms. David. I think it is challenging in rural Alaska,
because internet connection is very slow. So I think the best
possible way to communicate is probably through each non-profit
regional corporation. In our region, each region has a tribal
coordinator that we employ. So for us in our region,
communication through Kawerak, through our tribal coordinator
who works, who is the office support for the tribe, would
probably be the best way.
Senator Begich. Do the tribal coordinators get together on
a regular basis from the other tribes at all, in any kind of
conference or activity like that? I am just trying to ask you
this, through you to the administrator behind you. I am trying
to give her some ideas.
Ms. David. I think most attend the BIA conference in
Anchorage.
Senator Begich. So the BIA conference might be a great
avenue for the tribal coordinators?
Ms. David. Yes.
Senator Begich. You mentioned the Immediate Action Work
Group. Can you tell me the status of where that is at, active,
not active?
Ms. David. It is not active at this time.
Senator Begich. Who instigates, who would instigate getting
that back into activity?
Ms. David. I believe it would be the governor of Alaska.
Senator Begich. Do you think FEMA might have a role to help
initiate that?
Ms. David. Yes, I do. They would play, I believe, an
important role in that, with that group.
Senator Begich. And the Immediate Action Work Group you
found to be beneficial?
Ms. David. Yes.
Senator Begich. Because it created communication, right?
Ms. David. It was.
Senator Begich. So maybe that is something we could work
with FEMA on, if the governor is unwilling to do it, maybe FEMA
might be able to initiate that working group, because the value
you found for not only your region, but all regions was of high
value.
Ms. David. Yes, it was. If I could add a comment?
Senator Begich. Yes, absolutely.
Ms. David. So the Immediate Action Work Group was actually
formed under Governor Palin. She established a climate change
sub-cabinet and then the Immediate Action Work Group was
comprised of Federal, State and local officials to come up with
ways to protect Alaska's most at-risk communities.
Senator Begich. So that was a sub-group underneath the
cabinet group?
Ms. David. Yes.
Senator Begich. Okay. Because I know the governor has
eliminated that sub-cabinet meeting on climate change, so
therefore eliminated that, that working group.
Ms. David. I believe so.
Senator Begich. So maybe we could work with you and maybe
FEMA, and again, I am kind of talking through you to make sure
FEMA is hearing what I am saying. She is nodding behind you,
which is a good sign. So maybe that is an opportunity we could
work on, to have better communication on this.
Mr. Chairman, the only thing I will add is, I heard a
couple of times, and I know Mr. Gregory brought it up also, and
others did, on this threshold of a million dollars. I am
assuming that has been triggering your mind, too, as something
of interest of how we make sure we can accommodate potentially
that issue. It sounds like rural areas, and you asked that
question earlier about what is causing the problem. Well, this
may be one of the problems. The number is too large and we
have, in a small village in Alaska, I can tell you half a
million dollars would be devastating. Yet we wouldn't reach the
million dollar threshold, so we are kind of in this quandary.
So it was really more of a rhetorical question.
Thank you, Mary, for being here, and thank you for the
travel.
The Chairman. Thank you, Senator Begich.
You are right, that is exactly the line of questioning I
was going to go down right off the bat, since we had the
Governor mention it, and again Matt Gregory mentioned it, and
others too. I will start with you, Matt. I know FEMA makes the
declaration. The question comes from a couple of different
perspectives. You talked about how the infrastructure simply
wasn't there to reach the million dollar threshold. That is a
problem from your perspective, it is not that they are
lowballing the amount of damages done, it is just that the
infrastructure is not there?
Mr. Gregory. That is correct. In rural communities, a lot
of the State and counties meet that threshold through the
infrastructure that they have. So the roads, the utilities and
those things. For a tribe in Oklahoma, our situations is very
difficult to reach that million dollar threshold.
The Chairman. So let me ask you this, just to flesh this
out a little bit more. You have roads on tribal land, too. Do
they count toward the threshold? Like a paved road. Now, I will
admit, oftentimes they are not up to the standard outside
reservation roads are, and we are going to work on that. But
the question comes, they are still eligible, right?
Mr. Gregory. Because we are in a checkerboard situation, a
lot of those are county and city roads. So there is not
infrastructure of tribal roads specifically.
The Chairman. Okay. That is good to know. And as far as
utilities, if they are owned by the local co-op they can't
count toward your disaster declaration?
Mr. Gregory. That is correct.
The Chairman. Thank you.
Governor Chavarria, Santa Clara has had its share of
disasters, it would be fair to say, more than its share of
interactions with FEMA and other Federal agencies, too, that
respond to disasters. You suffered four major wildland fires,
correct me if I am wrong.
Governor Chavarria. That is correct.
The Chairman. The Las Conchas Fire burned over 50 percent
of your watershed.
Governor Chavarria. That is correct.
The Chairman. And that resulted in severe flooding. You
made some recommendations based on what you have been through.
What is your highest priority for changes that would make the
Federal Government work better in protecting lives and property
for your people?
Governor Chavarria. It would be to quickly obligate those
dollars.
The Chairman. By that you mean the money for funding?
Governor Chavarria. Project worksheets that identify the
direct disaster. We are already a year, almost a year into it,
and we still haven't got the majority of our funds for larger
projects, because it has to go through a quality assurance,
quality control process before those funds are actually
obligated or bundled through this system, then we can start to
utilize those dollars. That is the quick need for us in Santa
Clara, to really get that dollar tomorrow and not wait until
the following year.
The Chairman. I believe this past April you testified in
front of the House Appropriations Interior Subcommittee that
the Army Corps is recommending construction of a dam within the
canyon, correct?
Governor Chavarria. That was at that time, but it is no
longer feasible.
The Chairman. Why is that?
Governor Chavarria. Because they couldn't find a solid
foundation to anchor all that foundation. They did some
drilling and they couldn't find bedrock.
The Chairman. So that is off the table but it still remains
a problem?
Governor Chavarria. It is off the table. They admitted that
the flooding still exists, but they used advanced measures
program to now look at temporary types of measures for gabling
check structures. Also dredging the channel within the
community to give it capacity and also do some Hesco baskets
along some earthen berms, and then armoring those earthen
berms.
So being that we didn't get the larger $40 million dam
project which is more of a permanent type of structure, we have
now looked into temporary type measures. The kicker there is on
a permanent, we would have had a 25 percent cost match. On
these temporary measures, it is being fully absorbed through
the Corps of Engineers advanced measures program.
The Chairman. Okay. Ms. Metcalf, thank you for being here.
I appreciate your testimony.
It was brought up earlier by Senator Cantwell about the 19
days that it took for FEMA to make a declaration of an
emergency. Do you have an explanation for that delay?
Ms. Metcalf. What we were told, why they wouldn't accept
the declarations we would send in, is the terminology didn't
fit for requesting an emergency declaration.
The Chairman. Did they say how the terminology didn't fit?
Ms. Metcalf. No. It was just change it to this, change it
to that. I think one of the biggest problems is the lack of
coordination. There were so many people talking, there were so
many different people showing up, all from FEMA.
The Chairman. So there wasn't a point person for FEMA? Or
there wasn't a point person from the tribe?
Ms. Metcalf. The point person from the tribe was the
chairman.
The Chairman. So there wasn't a point person from FEMA?
Ms. Metcalf. No. Different people came all the time.
The Chairman. Okay. You also in your testimony talked about
gas cards that were provided to residents of Darrington but not
to tribal members.
Ms. Metcalf. Yes.
The Chairman. Why is that?
Ms. Metcalf. We are really not sure. When our tribal
members would go stand in line, they would wait two hours in
line like everybody else for gas cards, and they were told that
they didn't fit the criteria for the gas cards.
The Chairman. And that was it?
Ms. Metcalf. That is all we were told.
The Chairman. Okay. You talked about the checkerboard, Mr.
Gregory, as far as the declaration goes. I want to go a
different way with it. Your checkerboard landscape means that
there is a lot of non-Indian local government that you have to
interact with. How do you do that? What is your best way of
interacting with basically non-Indian local governments?
Mr. Gregory. I think we do that in several ways. We do that
by attending the county meetings, the city meetings, working
with the emergency managers for the ten and a half county area.
We also do planning, we do disaster planning, we invite them to
be part of our planning, our tabletops that we have done. We
have invited the community out to do those planning sessions
with us.
But it also is about, we are community. And the city and
the towns and the county governments are all part of our
family, we consider. So we work directly with those. We also
are part of the State, Oklahoma State Department of Emergency
Management.
The Chairman. So you are fully integrated into all the non-
Indian entities?
Mr. Gregory. We are, and we try to do a better job. There
is still work to be done there.
The Chairman. And they into you?
Mr. Gregory. Yes, for the most part, yes.
The Chairman. Okay good. That is good.
Mr. Heflin, you mentioned iTEMA's efforts to provide
additional resources to tribes. What is first on your agenda in
that regard?
Mr. Heflin. I think at a certain point, the question is
access. We have heard today that there are inconsistencies as
far as who to call, how do we get hold of somebody to help.
Where do we make that first call, and there is inconsistent
support depending upon the person they are talking to.
For us as an organization, we identified that that was a
critical need. So we established a toll-free number to push out
to Indian Country to help provide that assistance, so there was
one number to help call for a national organization to provide
some preliminary guidance and discussion and also make the
contact to the corresponding Federal agencies that would have
involvement in that, with the support of the TAC-G or the
Tribal Assistance Coordination Group. For us, that was the
solution to that, because there was such an issue with that, we
started noticing throughout Indian Country.
The Chairman. I just want to say, I have more questions
that we will get out to you guys. I want to thank you for
making the trip. I want to thank you for what you do, each and
every one of you. I want to thank Ms. Zimmerman for staying
here for the hearing from FEMA to listen to the concerns. I
think if there is one thing that this hearing has pointed out
to me is that there is plenty of opportunity for improvement
here. I think a lot of it has to do with communication. Maybe
we have to tweak the million dollar threshold as it applies to
Indian Country, because you are right, a lot of Indian Country,
that infrastructure isn't there, or maybe we need to figure out
how to allow some of the infrastructure we don't count to
count.
I don't know the best way to go about it, but I can
guarantee you one thing. If we all work together, we will
figure it out. FEMA has to be a part of that equation.
So I want to thank all of you again for your testimony.
This hearing is going to remain open for two weeks from today
for any further comments people want to put in.
With that, the hearing is adjourned. Thank you again.
[Whereupon, at 4:25 p.m., the hearing was adjourned.]
A P P E N D I X
Prepared Statement of Hon. Brian Cladoosby, President, National
Congress of American Indians
Honorable Chairman Tester, Vice Chairman Barrasso, and members of
the Committee, on behalf of the membership of the National Congress of
American Indians, the oldest and largest national tribal government
advocacy organization in the country, I appreciate your efforts in
conducting this oversight hearing. This follow up to the hearing three
years ago, titled Facing Floods and Fires: Emergency Preparedness for
Natural Disasters in Native Communities, is well-timed as much has
happened to call attention to the great needs for financial and
technical assistance as tribes seek to enhance emergency management
capacity.
Amendments to the Stafford Act
For decades the Federal Emergency Management Agency has been a
state-centric organization and changing the course of the overall
agency has proved difficult in the last few years but limited progress
has been made in improving consultation with tribal governments. On
January 29, 2013 President Obama signed the Sand Recovery Improvement
Act. I thank the Committee for supporting this monumental legislation
to allow tribal nations to directly request disaster assistance for an
emergency or disaster from the Federal Government without having to go
through another sovereign government. I also thank FEMA Administrator
Craig Fugate for his willingness to support and advocate for tribal
declaration authority.
FEMA is currently finalizing its proposed Tribal Consultation
Policy and seeking comments for the Tribal Declarations Pilot Guidance.
Indian Country leaders hope that administrative policy changes will
reflect tribal comments. For instance, Committee Members are well aware
of the disparate economic and demographic situation throughout Indian
Country which makes it extremely difficult for tribal jurisdictions to
meet the Stafford Act damages threshold. The result is that tribal
governments and citizens in impoverished areas suffer
disproportionately as they do not have the financial means to recover
from disaster losses. We hope that FEMA will adopt a favorable formula.
Indian Country Disasters
The recent wildfire at Santa Clara Pueblo, mudslide at Sauk
Suiattle, flooding at Quinault, and hurricane damage at Shinnecock,
reinforces that fact that tribal communities have differing levels of
preparedness and response capability. Emergency situations and
disasters in Indian Country require unique types of assistance for
response from the Federal Government. Pre-disaster communication and
outreach by FEMA headquarters and regional officials with tribal
government officials must occur. On the tribal side, if they have not
done so, tribal emergency management directors should be identified and
communicate with FEMA and other federal emergency management officials.
FEMA Staffing
At this Committee's last hearing on Indian Country disasters,
Administrator Fugate provided testimony that FEMA ``hired ten new
permanent, full-time employees as Intergovernmental Tribal Affairs
Specialists to work out of each of the FEMA Regions'' and that ``FEMA
also hired an attorney within the Agency's Office of Chief Counsel
(OCC) who is trained and experienced in Federal Indian Law.'' While
both of these efforts were worthwhile and helped strengthen the
federal-tribal government-to-government relationship between the
executive and the tribes, it is unclear that the infrastructure
Administrator Fugate described in 2011 is still in place.
In some FEMA regions Regional Tribal Liaisons (RTLs) concentrate
full-time on tribal issues. In other regions RTLs are said to dedicate
half of their time to tribal issues, but it is our understanding that
it is a rarity for an RTL to spend 50 percent of their time on tribal
issues. We recommend that the Committee request the FEMA Administrator
to provide a detailed staffing and organization plan of tribal affairs
personnel and the reporting structure at HQ and FEMA Regions.
In evaluating all aspects of FEMA's Indian Policy efforts it might
be useful for the Committee to direct the Government Accountability
Office to look at all of FEMA's tribal relations programs for
implementation as well as consistency in staffing and productivity.
Federal Grant Funding
In the Implementing the Recommendations of the 9/11 Commission Act
of 2007 the Congress established eligibility for Indian tribes for
homeland security grant funding. While crafting this legislation
Congress wanted to ensure that funding was allocated with a risk-
assessment methodology. This methodology created two classes of
federally recognized Indian tribes, those that are directly eligible
for federal funding and those that are not. FEMA recently adopted a
Threat and Hazard Risk Identification and Analysis process to apply
this risk evaluation so there is no longer a need for two classes of
tribes. All tribes should be eligible to apply and their applications
should be evaluated on their merit.
Since 2003 Congress has appropriated over $630 million per year for
homeland security and emergency management grants and programs to
states, locals, non-profits, and even the private sector. A 2011 report
showed that up to that time the country has spent over $630 billion
SINCE 9-11. During this same timeframe, the best I can tell is that
FEMA has allocated less than $40 million to Indian tribes for the same
purposes. State Homeland Security grants totaling $355 million were
awarded to 56 states and territories in FY 2013, an average of $6.3
million per state. That same year 28 tribes received $10 million for an
average of $.35 million per tribe. Inequitable homeland security
funding to tribes is shameful and wrong.
Hazard Mitigation Grant Program provides funding for implementing
long-term post disaster mitigation measures to reduce loss of life and
property in future disasters. The HMGP guidelines were designed for
tribes with significant infrastructure and capability. Whether tribes
are grantees or sub-grantees, there needs to be flexibility for tribes
to utilize HMGP for developing and completing hazard mitigation plans
and for purposes beyond the current guidelines, possibly on a case by
case, tribe by tribe basis.
FEMA has devolved some of its federal grant responsibility to
states and requires tribes to request funding through states which
results in increased burdens on tribes to develop capability. There are
many federal grant processes, for which tribes are not eligible, that
require legislative or administrative fixes. Some states place
additional mandates on Indian tribes as a sub-grantee such as HMGP
funding. The NCAI urges the Committee to request the Congressional
Research Service to review all necessary legislative changes and
provide recommendations to remedy situations in which FEMA is devolving
its responsibility or where the law does not provide that Indian tribes
are eligible applicants.
Federal Coordinating Officers and Joint Field Offices
FEMA maintains a standing roster, or cadre, of about forty-five
Federal Coordinating Officers who have undergone an agency-wide
certification program to prepare them for all-hazard events including
terrorism and weapons of mass destruction. FCOs must participate in
actual disaster response or full-scale exercises as part of the
certification program. FCOs are not required to have any familiarity
about basic tribal government operations and functions. Only a few FCOs
have undergone any type of Indians 101 training, but according to our
information, those who have undergone such training have performed well
in assisting tribal communities for which they are responsible in
disaster situations. This Committee can help by sending a message to
FEMA to develop an FCO course in tribal relations that includes
interaction with the DHS and DHS-FEMA HQ Tribal Liaisons.
A Joint Field Office is a multiagency center that facilitates
incident management during actual or potential situations including
incidents that require a coordinated federal response. Only recently
have some FCO's invited tribal officials into the unified coordinating
JFO structure. Instead of waiting for disaster situations, FCO's should
reach out to and actively communicate with tribal officials and
automatically include tribal officials in the JFO during a Presidential
Disaster Declaration.
Tribal Cadre of Disaster Assistance Employees
Disaster Assistance Employees (DAE) are temporary FEMA employees
who work in a disaster zone that can be deployed from a few weeks to
several months depending on the area and gravity of a disaster. Among
the duties of DAEs is to contact tribal officials and apprise them of
recovery programs and eligibility requirements as well as assist in
filling out and submitting required paperwork. Native peoples' cultural
and other differences are better understood by another Native person
who would be able to better interact and respond to questions coming
from or related to tribal community members. Indian Country would
benefit greatly if FEMA would institutionalize a formal qualified
tribal DAE cadre. The NCAI requests that this committee urge FEMA to
establish the tribal DAE cadre.
FEMA--Emergency Management Institute
The NCAI passed a resolution (#TUL-13-046) following passage of the
Stafford Act tribal amendment calling for appropriate consultation,
collaboration, and training of tribal leaders and emergency management
officials regarding promulgation of the Act, which recognizes tribal
sovereignty. FEMA's Emergency Management Institute (EMI), in
collaboration with tribal emergency management specialists, has
developed courses to assist tribal government officials in emergency
management planning. The unique courses contain tribal cultural,
governance, and jurisdictional implications. Tribes are in need of
experienced tribal emergency managers to assume Stafford Act disaster
declaration responsibility. We ask the Committee Members to seek
budgetary support of not less than $500,000 annually for onsite and
field delivery of greatly needed and cost effective training.
Other Recommendations
Tribes have not been invited to testify at other congressional
committees regarding disasters and emergency preparedness and when FEMA
testifies before other committees we do not hear tribal issues being
highlighted or even mentioned. We hope members of this Committee will
assist in ensuring that tribes will be included in all hearings
regarding this important topic.
We urge the Committee to request the Congressional Research Service
to report on the possible legislative actions related to tribal
emergency management that the Congress should consider. Specifically
the CRS should evaluate the Stafford Act and the Sandy Recovery and
Improvement Act and recommend changes for tribal participation and
consider whether separate tribal disaster laws are needed.
In Closing
At this 2011 hearing on disasters in Indian Country, Committee Vice
Chairman Barrasso stated, ``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.'' This
statement, unfortunately, is still accurate. The National Congress of
American Indians thanks the Committee for looking into this vital topic
and for the opportunity to submit our statement. We look to the
Committee to lead Indian Country into an enhanced state of emergency
preparedness which will benefit citizens of tribal communities as well
as our nation as a whole.
______
Prepared Statement of Hon. Jo-Ellen Darcy, Assistant Secretary of the
Army (Civil Works)
Chairman Tester, Ranking Member Barrasso, and Members of the
Committee, I am Jo-Ellen Darcy, Assistant Secretary of the Army (Civil
Works). Thank you for the opportunity to provide a Statement for the
Record, discussing the Army Corps of Engineers (Corps) response to
natural disasters in Indian Country. The Corps prepares for and
provides timely, consistent, and efficient execution of response and
recovery operations for flood and other natural disasters to save
lives, protect property and the environment, and to meet basic human
needs. The Corps provides this support to State, Tribes and local
governments under Public Law 84-99 and supports FEMA under the Stafford
Act, as amended.
Public Law 84-99 authorizes the Chief of Engineers, acting through
the Secretary of the Army, to undertake activities including disaster
preparedness, Advance Measures, emergency operations (flood response
and Post Flood Response), rehabilitation of flood control works
threatened by or destroyed by flood, protection or repair of federally
authorized shore protective works threatened or damaged by coastal
storms, provision of emergency water due to contaminated sources, and
drought assistance. With the single exception of drought assistance,
which is due to the specific language of the statute, Tribal Nations
can, and do, request and receive assistance under PL 84-99 from the
Corps.
The Stafford Act (Public Law 93-288, as amended), constitutes the
statutory authority for most Federal response activities, especially as
they pertain to FEMA and FEMA programs. In accordance with the Stafford
Act, FEMA may direct the Corps to utilize its available personnel,
supplies, facilities, or other resources to provide assistance in the
event of a major disaster or emergency declaration. The Department of
Defense has designated the Corps as the planning and operating agent
for Emergency Support Function #3, Public Works and Engineering, under
FEMA's National Response Framework (NRF). FEMA's NRF provides guidance
for the Nation's all-hazards response, and identifies key
organizational response principles, roles, and structures.
The Stafford Act was amended in the Sandy Recovery Improvement Act
of 2013 (Public Law 113-2), to provide federally recognized tribal
governments the choice to request emergency and major disaster
declarations. This allows FEMA, and other Federal agencies as directed,
to provide assistance to tribal governments independently of state
declarations. I'm going to share a few examples of support that the
Corps has provided to Tribal Nations in response to natural disasters.
Last April, the Saint Regis Mohawk Tribe was affected by flooding
in Franklin and St. Lawrence Counties. A small dam at Saint Regis Falls
in Waverly, NY had breached, spilling water onto Tribal lands,
inundating roads and requiring the evacuation of 10-12 homes. The Tribe
had used all of their available sand bags and was in need of additional
sand bags. The Tribe contacted one of the Corps tribal liaisons, and
from there the Corps Buffalo District contacted the Tribe. Arrangements
were made within the hour for the Tribe to pick up a supply of sandbags
at a Corps' storage facility located about 100 miles away.
The Quinault Indian Nation live, hunt, and fish on the same land
and waters as their ancestors did centuries ago. Three Indian
reservations of the Quinault Indian Nation, the Quinault, Hoh Indian
Tribe and Quileute Tribe, are located on the Washington coast. All
three villages are located at sea level and at the confluence of major
rivers. In the summer of 1993, the Corps Seattle District developed a
list of environmental triggers, that when reached, would indicate
imminent flooding, thereby threatening historic villages and heavily
populated areas occupied by Tribal elders and others who may be
reluctant to leave their ancestral homes, even temporarily. When teams
for this coastal area conducted exercises in the late summer of 2013 to
prepare for flood season, they had these triggers in hand and were able
to develop a preferred course of action during a potential flood event.
This pre-planning paid off when these triggers were met in January 2014
by a flood event caused by a combination of high tides, high winds,
storm surges and heavy rain that overwhelmed Tribal capacity. All three
tribes requested Corps assistance; the Quinault Nation issued a
disaster declaration and requested Corps assistance. Three crews
provided by the Corps were dispatched over a two-day period to provide
technical expertise and assist in the reinforcement of the damaged,
existing seawall. The overtopped and damaged seawall was quickly shored
up with the addition of 800 tons of riprap rock, and the lower village
of Taholah and the risk of flooding to its residents was greatly
mitigated.
In 2011 during the Las Conchas Fires, the largest wildfire at that
time in the history of New Mexico's, and the Pacheco Fires, the Corps
Albuquerque District began emergency response activities at the request
of numerous communities, including the Pueblos of Nambe, Santa Clara,
San Ildefonso, Cochiti, Santo Domingo, Jemez and Acoma. The Albuquerque
District provided both technical and direct assistance under PL 84-99,
with particular focus on the most severely impacted Tribal communities,
the Pueblos of Santa Clara, Nambe and Cochiti. During the fall of 2011,
the Corps developed Technical Assistance Reports identifying increased
post-fire flood risk and suggested mitigation for both Santa Clara and
Cochiti Pueblos.
In 2012, the Corps responded to assistance requests from numerous
communities in New Mexico and Colorado in response to that year's
extensive wildfire season, which included the Whitewater-Baldy Complex
and Waldo Canyon Fires. The Corps Albuquerque District continued to
support both the Nambe and Cochiti Pueblos with individual Technical
Assistance Reports and the Santa Clara Pueblo through the Corps Section
203 Tribal Partnership Program.
In 2013, in addition to ongoing and technical support under PL 84-
99, the Albuquerque District completed the Technical Assistance Report
for the Pueblo of Nambe and initiated Section 205 Small Flood Risk
Management Projects with the Pueblos of Santa Clara and Cochiti.
Significant flooding occurred across New Mexico in the Fall of 2013
that resulted in numerous assistance requests including, Ohkay Owingeh,
the Pueblos of Santa Clara, San Ildefonso, Nambe, Cochiti, Santo
Domingo, San Felipe, Santa Ana, Acoma, Zuni, and Isleta, the Navajo
Nation including Window Rock, Red Lake Chapter, Gadiiahi, Chinle, Many
Farms, and Dilkon Chapters as well as Piute Creek Bridge in Utah. This
year, the Corps met with Governor Chavarria from the Pueblo of Santa
Clara to explore feasible measures to help mitigate flood risk
potential. PL 84-99 Advance Measures funds have been provided to the
Corps Albuquerque District to implement physical emergency measures in
the near-term, and the district continues to develop longer-term
solutions to augment ongoing flood risk reduction efforts. Near-term
measures include emergency excavation to create additional stream
channel capacity, installation of innovative flood barrier fight
products (HESCO bastions), armoring of existing diversion berms and
embankments, and the construction of gabion check structures.
In mid-June 2014, the Asaayi Lake Wildfire burned over 14,000
acres, most of which are on the Navajo Nation reservation on the
Arizona-New Mexico border. Drainage from the burned area, in the Chuska
Mountain watershed, channels into four communities, Sheep Springs,
Naschitti, Crystal, and Navajo. Chapters within the Navajo Nation began
to experience increased sediment and debris flows almost immediately.
The Navajo Nation Department of Emergency Management contacted the Army
Corps of Engineers and requested technical assistance. The assistance
provided includes modeling and inundation data based on the denuded
watersheds, assistance in developing a flood fight plan for the short
term (current monsoon season), training in flood fight techniques, and
similar measures to help protect lives and property. In addition, the
Corps is preparing its own contingency plan to assist the Navajo
Nation, if requested, in any future active flood fight activities. The
Navajo Nation has also expressed interest in developing a flood risk
Continuing Authorities Program project based on the 2013 assessment at
Window Rock.
Under the National Disaster Recovery Framework, the Corps and other
Federal agencies work together under FEMA direction to respond to a
disaster and help in the recovery effort. Tribes with previous
experience in disaster response are often better equipped to benefit
from the range of available forms of Federal assistance. Tribes facing
a catastrophic event for the first time may be quickly overwhelmed by
the complex information and the different sources of potential
assistance that may be available from the Federal Government. The most
effective method to address this concern is targeted outreach,
education and training for Tribal governments.
The Corps is making progress in this regard through its cadre of
District Tribal Liaisons. The Corps is working to expand Liaison
training in USACE emergency response authorities, programs and
policies. In addition, the agency is developing appropriate
informational material tailored for distribution to tribal governments,
and is placing additional emphasis on partnering with Tribal
departments of emergency management, including increased use of the
Silver Jackets Program. This program is a State- or Tribal-led
interagency partnership to coordinate response, recovery and mitigation
activities and actions and helps achieve the Corps' goal of flood risk
reduction for communities. The Corps has also been coordinating closely
with FEMA on interagency cross-training and assignment opportunities to
increase the value of the respective Tribal Liaisons resources when
facing crisis in Indian Country.
One of the major lessons learned working with Tribal Emergency
Response has been the value of the Corps technical assessments and
reports Tribes are using assessments and the more detailed Technical
Assistance Reports as the basis for applications to other sources of
federal and non-federal assistance. Technical Assistance Reports
typically include fast-track flood risk analysis, mitigation
alternatives evaluation and preferred alternative selection, as well as
projected costs for implementation. Their level of detail and
organization are being well received, and even requested, as
substantive justification for proposal packages.
Mr. Chairman, this concludes my statement of record. Thank you
again for the opportunity to provide this statement.
______
Response to Written Questions Submitted by Hon. Jon Tester to
Elizabeth Zimmerman
Question 1. How are tribes being, or have been engaged, to mold
FEMA's Indian policy? Does that process honor the government-to-
government relationship?
Answer. FEMA is committed to enhancing its government-to-government
relationship with federally recognized Indian tribes. It is in the
spirit of this commitment that FEMA developed the Tribal Consultation
Policy to implement Executive Order 13175, as a complement the U.S.
Department of Homeland Security's Tribal Consultation Policy, to
further guide our efforts. Signed by Administrator Fugate on August 12,
2014, the Tribal Consultation Policy provides the guidelines for
meaningful, regular, and transparent consultation with tribal officials
on FEMA actions that have tribal implications, and enhances FEMA's
government-to-government relationship with Indian Country. The policy
directly lays out the methods by which FEMA will interact with tribes
regarding changes to policies and programs.
FEMA received valuable input from tribes in the development of the
Tribal Consultation Policy, consulting with tribes from October 2013
through March 2014. During that time, FEMA presented the policy at
conferences, in-person tribal meetings, and listening sessions, and on
webinars and conference calls. FEMA received many written comments from
tribes, and they are summarized on FEMA's website. FEMA also looked to
tribal consultation policies of other agencies, such as the
Environmental Protection Agency, to glean best practices and promote
consistency in consultation methods and engagement across the Federal
Government.
As FEMA implements the Tribal Consultation Policy, its National
Tribal Affairs Advisor (NTAA) is meeting with FEMA program offices to
highlight the critical elements of the consultation policy and advise
programs on the need to engage tribes when undertaking actions that
could have tribal implications. FEMA's consultation approach will seek
tribal input and provide tribes the opportunity to request consultation
earlier in the process of policy and program development. The FEMA
Tribal Consultation Policy respects the government-to-government
relationship by seeking input from tribes on how and with whom to
consult. FEMA seeks to honor tribes as sovereign nations by placing
strong emphasis on enabling tribes to guide the methods of
consultation.
Additionally, FEMA leadership holds a monthly conference call with
the four largest tribal associations--National Congress of American
Indians (NCAI), Tribal Emergency Management Agency (iTEMA), National
Tribal Emergency Management Council (NTEMC), and United South and
Eastern Tribes (USET)--to provide them with program and policy updates.
FEMA anticipates that the associations will in turn push out the
information to their various members from the 566 federally recognized
tribes. This is a useful tool for tribes to learn about potential
changes to policies or programs, in addition to being a vehicle for
FEMA to provide important information about programs, grants, and
policies that could be of use to tribes and tribal officials.
On an operational level, tribes, tribal officials, and tribal
associations have been consulted and significantly involved in
developing the Tribal Declarations Pilot Guidance. On January 29, 2013,
President Obama signed the Sandy Recovery Improvement Act (SRIA) into
law. In recognition of the government-to-government relationship, the
Act included a provision to provide federally recognized Indian tribal
governments the option to request a Presidential emergency or major
disaster declaration independent of a state declaration request. In
order to allow tribes the choice to use the new authority immediately,
FEMA is currently processing tribal declaration requests using the
current regulations used for state requests, while at the same time
developing declarations procedures specifically for tribal governments
that take into account the unique circumstances that affect tribal
communities.
As a first step in developing tribal-specific procedures, FEMA
developed a first draft of the Tribal Declarations Pilot Guidance,
which incorporated initial input from tribal governments that was
collected in early 2013. Then, beginning in April 2014, FEMA conducted
a second, more in-depth round of consultation with tribal governments
through 60 in-person working meetings that occurred throughout the
country, attended by more than 500 participants representing more than
200 tribes. During this tribal consultation open comment period, which
ended on August 31, FEMA asked tribal governments for their thoughts
and comments on a working draft of the Tribal Declarations Pilot
Guidance. FEMA is currently adjudicating the comments, and the input
will inform the further development of the pilot guidance. FEMA will
conduct a second round of consultation before the pilot guidance is
finalized. When final, the guidance will describe how FEMA processes
and evaluates requests for assistance under the Stafford Act from
tribal governments.
Question 2. What is FEMA doing to educate and train FEMA field and
project officers about tribal nations and sovereignty?
Answer. FEMA created a Tribal Branch within the Office of External
Affairs/Intergovernmental Affairs Division as a reflection of the
importance of having tribal affairs coordinated under a structure
distinct from one that coordinates other governmental stakeholders.
This branch is led by FEMA's National Tribal Affairs Advisor and
supported by two additional full-time employees working within the
branch, which significantly increases the ability of FEMA headquarters
to focus on tribal issues.
FEMA regularly looks for opportunities to educate employees. For
example, as part of Native American Heritage Month, FEMA hosted an
internal event featuring U.S. Department of Agriculture Deputy Under
Secretary Arthur ``Butch'' Blazer, and Bureau of Indian Affairs
Director Michael Black. Mr. Blazer and Mr. Black educated FEMA
participants about Native Americans' contribution to public service,
their experiences as Native Americans in the Federal Government, and
their insights on governmental interaction with tribes. This follows
FEMA's first agency-wide seminar for Native American Heritage Month in
2013.
During disaster field operations that impact tribal communities,
Joint Field Offices offer training for FEMA field and project officers
about tribal nations and their unique emergency management needs with
regard to tribal culture, tradition, sovereignty, and governance. A
regional tribal liaison also deploys to the disaster site to assist
both the tribe and FEMA employees who will be working with the tribe.
The Emergency Management Institute (EMI) delivers tribal curriculum
courses for tribal officials both online and face-to-face. The tribal
curriculum courses are delivered by a team of instructors, some of whom
are tribal members themselves, who are carefully selected for their
extensive experience working for a tribal government in emergency
management. While targeted for tribal audiences, these courses are also
often attended by federal employees seeking more in-depth knowledge
about tribal emergency management. EMI also offers an online
independent study class on Tribal Affairs that is targeted for and open
to any current FEMA employees.
FEMA is hosting an ongoing series of Tribal Consultation Policy
webinars to educate FEMA employees on how to engage with Indian tribes
and tribal officials in regular and meaningful discussion and
collaboration on agency actions that have tribal implications.
Question 3. The intergovernmental relations between the CCT, DHS/
FEMA, and federal agencies needs fine tuning regarding on-reservation
funding streams and disaster response. Federal programs established at
Rocky Boy's prior to the time of disaster were accessed for short-term
emergency response funding. The mechanism needs to be refined to
address reimbursement, cost sharing, alternative federal resources, and
the interplay with insurance pay-out. How can FEMA's individual
assistance program be leveraged to assist tribal members who don't
qualify for the public assistance program?
Answer. FEMA recognizes that communities, including tribal nations,
face significant and complex challenges after disasters.
FEMA's Individual Assistance Program provides financial assistance
to individuals and households that have unmet, disaster-related needs.
One program available under Individual Assistance is Individuals and
Households Program, which may provide Housing Assistance and/or Other
Needs Assistance.
Housing Assistance may include: (1) financial assistance to renters
or homeowners for lodging or rental expenses while repairs are made to
the pre-disaster primary residence; (2) financial assistance to
homeowners to repair disaster-related damage not covered by insurance;
and (3) direct temporary housing when disaster survivors cannot make
use of financial temporary housing assistance due to a lack of adequate
alternate housing. Other Needs Assistance may include (1) financial
assistance to pay for disaster-related medical or dental expenses; and
(2) financial assistance to pay for expenses incurred for a death due
to the disaster.
Public Assistance provides reimbursement to tribal, state,
territorial, and local governments and certain private non-profits to
repair infrastructure. Public Assistance does not provide financial
assistance directly to individuals; and Individual Assistance does not
provide assistance to repair infrastructure.
The Stafford Act requires a non-federal cost share for Public
Assistance and the Other Needs Assistance provision of Individual
Assistance. The Stafford Act does not require a non-federal cost share
for temporary housing assistance. It is important to note that the
statute prohibits FEMA from duplicating benefits provided by other
sources, such as assistance from other Federal agencies or benefits
from insurance. FEMA has established a sequence of delivery to provide
Public Assistance and Individual Assistance to eligible applicants as
expeditiously as possible while not duplicating benefits or services.
FEMA developed a pocket guide to help federally recognized tribes
quickly reference information about FEMA programs and how the agency
engages with tribes. \1\ It also describes disaster assistance provided
by other federal agencies, such as the U.S. Small Business
Administration (SBA). SBA provides low-interest loans to homeowners,
renters, businesses of all sizes, and private, nonprofit organizations
that suffered uninsured or underinsured losses from a declared
disaster.
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\1\ Pocket guide is available at: http://www.fema.gov/media-
library-data/1414163004909-18662df46f3a3c28f51c1c5b7a209358/
FEMA_Pocket_Guide_508_Compliant.pdf
---------------------------------------------------------------------------
FEMA continues to develop tools to assist state, tribal,
territorial, and local governments organize and coordinate their own
recovery efforts based on the core capabilities outlined in the
National Disaster Recovery Framework. If warranted by the needs of the
event, tribal governments may request that the Federal Government use
the National Disaster Recovery Framework to support the coordination of
federal agencies and other sources of recovery assistance, such as non-
governmental organizations or state, local, tribal, or territorial
governments.
Question 4. What strategies are in place, or are being developed,
to strengthen the tribal intellectual capacity to successfully
administer FEMA's public assistance policy?
Answer. The Emergency Management Institute delivers a Tribal
Curriculum of courses in a classroom setting for tribal officials, and
makes other training available to tribal leaders that is online or
face-to-face. The Tribal Curriculum courses are delivered by a team of
instructors, the vast majority of whom are tribal members themselves,
who are carefully selected for their extensive experience working for a
tribal government in emergency management. Based on our admissions
records, from the beginning of FY 2011 through mid-July 2014, 1,228
tribal government representatives from 173 different tribes have
attended the Tribal Curriculum courses.
Secondly, each FEMA Region with federally recognized tribes has a
tribal liaison who works directly with tribes before and after Stafford
Act declarations. The tribal liaisons build relationships with tribes
and coordinate trainings on Stafford Act programs and processes. As
many tribes may not be familiar with disaster assistance programs and
related requirements, FEMA is developing tools (such as the recently
released Tribal Pocket Guide) to help tribal governments better
understand FEMA's programs, including the public assistance program.
Finally, FEMA Regions provide hands-on workshops on preparedness,
response, recovery, and mitigation that help tribes better understand
Stafford Act disaster assistance programs and related requirements.
Additionally, Regions provide technical assistance to tribes on
continuity of operations plans, emergency operations plans, hazard
mitigation plans, and the Threat and Hazard Identification and Risk
Assessments process so the tribes will understand their risks, estimate
capability requirements, be better prepared for disasters, and be ready
to administer disaster assistance.
Question 5. What guidance does FEMA need from tribes to develop
extensive training and orientation for all new tribal grantees?
Answer. FEMA understands that each tribe is unique and has
individualized needs and knowledge levels.
Therefore, to gain further understanding of tribal needs, FEMA's
headquarters staff and regional tribal liaisons throughout the country
are engaging extensively with tribes. Our regional components engage
the tribes with the intent to form lasting relationships that allow
candid conversations about education and training needs.
In response to requests from tribes, FEMA is increasingly bringing
training courses to the tribes on their lands or in their region (as
opposed to bringing tribes to the training), thereby making it more
accessible and tailoring it to their needs.
The building of these personal and professional relationships
continues to grow from FEMA's increasing tribal engagement, such as the
enactment of the Tribal Consultation Policy, the hiring of the National
Tribal Affairs Advisor and Tribal Branch staff, and dedication to
outreach and engagement. For example, since April 2014, FEMA's National
Tribal Affairs Advisor has conducted face-to-face meetings with 24
tribes around the country from Florida to Alaska, and attended six
major tribal conferences.
Also at the request of tribes, FEMA is also working with our Grants
Program Directorate to provide better technical assistance, educational
materials, and engagement opportunities for tribal officials regarding
FEMA grant opportunities. By connecting the senior leadership
responsible for grants programs directly with tribal officials and
tribal national association leadership, FEMA is further distributing
important information about funding opportunities and training in
Indian Country. FEMA alerts tribes to grant opportunities through
advisories and offers guidance through outreach materials.
FEMA Regions provide hands-on workshops on preparedness; response,
recovery, and mitigation, and those workshops help tribes better
understand Stafford Act disaster assistance programs and related
requirements. Additionally, FEMA Regions provide technical assistance
to tribes on continuity of operations plans, emergency operations
plans, hazard mitigation plans, and the Threat and Hazard
Identification and Risk Assessment (THIRA) process so the tribes may be
able to understand their risks, estimate capability requirements, be
better prepared for disasters, and be ready to administer disaster
assistance.
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