[House Hearing, 117 Congress]
[From the U.S. Government Publishing Office]
ARE FEMA'S ASSISTANCE PROGRAMS ADEQUATELY DESIGNED TO ASSIST
COMMUNITIES BEFORE, DURING, AND AFTER WILDFIRE?
=======================================================================
(117-30)
REMOTE HEARING
BEFORE THE
SUBCOMMITTEE ON
ECONOMIC DEVELOPMENT, PUBLIC BUILDINGS, AND EMERGENCY MANAGEMENT
OF THE
COMMITTEE ON
TRANSPORTATION AND INFRASTRUCTURE
HOUSE OF REPRESENTATIVES
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
__________
OCTOBER 26, 2021
__________
Printed for the use of the
Committee on Transportation and Infrastructure
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available online at: https://www.govinfo.gov/committee/house-
transportation?path=/browsecommittee/chamber/house/committee/
transportation
__________
U.S. GOVERNMENT PUBLISHING OFFICE
46-837 PDF WASHINGTON : 2022
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COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
PETER A. DeFAZIO, Oregon, Chair
SAM GRAVES, Missouri ELEANOR HOLMES NORTON,
DON YOUNG, Alaska District of Columbia
ERIC A. ``RICK'' CRAWFORD, Arkansas EDDIE BERNICE JOHNSON, Texas
BOB GIBBS, Ohio RICK LARSEN, Washington
DANIEL WEBSTER, Florida GRACE F. NAPOLITANO, California
THOMAS MASSIE, Kentucky STEVE COHEN, Tennessee
SCOTT PERRY, Pennsylvania ALBIO SIRES, New Jersey
RODNEY DAVIS, Illinois JOHN GARAMENDI, California
JOHN KATKO, New York HENRY C. ``HANK'' JOHNSON, Jr.,
BRIAN BABIN, Texas Georgia
GARRET GRAVES, Louisiana ANDRE CARSON, Indiana
DAVID ROUZER, North Carolina DINA TITUS, Nevada
MIKE BOST, Illinois SEAN PATRICK MALONEY, New York
RANDY K. WEBER, Sr., Texas JARED HUFFMAN, California
DOUG LaMALFA, California JULIA BROWNLEY, California
BRUCE WESTERMAN, Arkansas FREDERICA S. WILSON, Florida
BRIAN J. MAST, Florida DONALD M. PAYNE, Jr., New Jersey
MIKE GALLAGHER, Wisconsin ALAN S. LOWENTHAL, California
BRIAN K. FITZPATRICK, Pennsylvania MARK DeSAULNIER, California
JENNIFFER GONZALEZ-COLON, STEPHEN F. LYNCH, Massachusetts
Puerto Rico SALUD O. CARBAJAL, California
TROY BALDERSON, Ohio ANTHONY G. BROWN, Maryland
PETE STAUBER, Minnesota TOM MALINOWSKI, New Jersey
TIM BURCHETT, Tennessee GREG STANTON, Arizona
DUSTY JOHNSON, South Dakota COLIN Z. ALLRED, Texas
JEFFERSON VAN DREW, New Jersey SHARICE DAVIDS, Kansas, Vice Chair
MICHAEL GUEST, Mississippi JESUS G. ``CHUY'' GARCIA, Illinois
TROY E. NEHLS, Texas ANTONIO DELGADO, New York
NANCY MACE, South Carolina CHRIS PAPPAS, New Hampshire
NICOLE MALLIOTAKIS, New York CONOR LAMB, Pennsylvania
BETH VAN DUYNE, Texas SETH MOULTON, Massachusetts
CARLOS A. GIMENEZ, Florida JAKE AUCHINCLOSS, Massachusetts
MICHELLE STEEL, California CAROLYN BOURDEAUX, Georgia
KAIALI`I KAHELE, Hawaii
MARILYN STRICKLAND, Washington
NIKEMA WILLIAMS, Georgia
MARIE NEWMAN, Illinois
TROY A. CARTER, Louisiana
------ 7
Subcommittee on Economic Development, Public Buildings, and
Emergency Management
DINA TITUS, Nevada, Chair
DANIEL WEBSTER, Florida ELEANOR HOLMES NORTON,
THOMAS MASSIE, Kentucky District of Columbia
JENNIFFER GONZALEZ-COLON, SHARICE DAVIDS, Kansas
Puerto Rico CHRIS PAPPAS, New Hampshire, Vice
MICHAEL GUEST, Mississippi Chair
BETH VAN DUYNE, Texas GRACE F. NAPOLITANO, California
CARLOS A. GIMENEZ, Florida JOHN GARAMENDI, California
SAM GRAVES, Missouri (Ex Officio) TROY A. CARTER, Louisiana
PETER A. DeFAZIO, Oregon (Ex
Officio)
CONTENTS
Page
Summary of Subject Matter........................................ v
STATEMENTS OF MEMBERS OF THE COMMITTEE
Hon. Dina Titus, a Representative in Congress from the State of
Nevada, and Chair, Subcommittee on Economic Development, Public
Buildings, and Emergency Management, opening statement......... 1
Prepared statement........................................... 3
Hon. Daniel Webster, a Representative in Congress from the State
of Florida, and Ranking Member, Subcommittee on Economic
Development, Public Buildings, and Emergency Management,
opening statement.............................................. 4
Prepared statement........................................... 5
Hon. Peter A. DeFazio, a Representative in Congress from the
State of Oregon, and Chair, Committee on Transportation and
Infrastructure, opening statement.............................. 5
Prepared statement........................................... 6
Hon. Sam Graves, a Representative in Congress from the State of
Missouri, and Ranking Member, Committee on Transportation and
Infrastructure, prepared statement............................. 83
WITNESSES
Andrew Phelps, Director, Oregon Office of Emergency Management,
on behalf of the National Emergency Management Association,
oral statement................................................. 7
Prepared statement........................................... 9
Kacey KC, State Forester and Firewarden, Nevada Division of
Forestry, oral statement....................................... 13
Prepared statement........................................... 14
Rich Elliott, Deputy Fire Chief, Kittitas Valley Fire and Rescue
(WA), on behalf of the International Association of Fire
Chiefs, oral statement......................................... 18
Prepared statement........................................... 19
Casey Hatcher, Deputy, Chief Administrative Officer, Butte
County, California, oral statement............................. 23
Prepared statement........................................... 25
SUBMISSIONS FOR THE RECORD
Article entitled, ``The Last Days Inside Trailer 83,'' by Hannah
Dreier, Washington Post, October 17, 2021, Submitted for the
Record by Hon. John Garamendi.................................. 40
Submissions for the Record by Hon. Dina Titus:
Statement of the National Low Income Housing Coalition....... 65
Western Governors' Association's Policy Resolution 2021-06,
Disaster Preparedness and Response......................... 77
Statement of the National Association of Mutual Insurance
Companies.................................................. 83
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
October 22, 2021
SUMMARY OF SUBJECT MATTER
TO: LMembers, Subcommittee on Economic Development,
Public Buildings, and Emergency Management
FROM: LStaff, Subcommittee on Economic Development, Public
Buildings, and Emergency Management
RE: LSubcommittee Hearing on ``Are FEMA's Assistance
Programs Adequately Designed to Assist Communities Before,
During, and After Wildfire?''
_______________________________________________________________________
PURPOSE
The Subcommittee on Economic Development, Public Buildings,
and Emergency Management will meet on Tuesday, October 26,
2021, at 10:00 a.m. in 2167 Rayburn House Office Building and
via Zoom to receive testimony. Members will receive testimony
from witnesses with expertise and experience in emergency
management, wildfire suppression, and federal disaster response
and recovery programs. The Subcommittee will hear from Andrew
Phelps, Director of the Oregon Office of Emergency Management,
on behalf of the National Emergency Management Association;
Rich Elliott, Deputy Chief of Kittitas Valley (WA) Fire &
Rescue, on behalf of the International Association of Fire
Chiefs; Kacey KC, State Forester and Firewarden of the Nevada
Division of Forestry; and Casey Hatcher, Deputy Chief
Administrative Officer for Butte County (CA).
BACKGROUND
Wildfires in the western United States are burning hotter,
more frequently, and causing an increasing and unprecedented
amount of damage and destruction to the natural and built
environment.\1\ Concurrently, the wildland urban interface
(WUI)--or the areas where residences and other development meet
or mix with undeveloped natural areas is growing.\2\ There
exist multiple federal assistance programs--including several
at the Federal Emergency Management Agency (FEMA)--for state,
local, tribal, and territorial governments and individual
survivors impacted by wildfire, dependent on whether the
President grants an emergency declaration, a major disaster
declaration, or a Fire Management Assistance Grant pursuant to
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (Stafford Act, P.L. 93-288, as amended).
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\1\ Parks, S. A., & Abatzoglou, J. T. (2020). Warmer and drier fire
seasons contribute to increases in area burned at high severity in
western US forests from 1985 to 2017. Geophysical Research Letters, 47,
e2020GL089858. Available at: https://www.fs.fed.us/rm/pubs_journals/
2020/rmrs_2020_parks_s002.pdf.
\2\ U.S. Department of Agriculture, Forest Service. New analyses
reveal WUI growth in the U.S. Available at: https://www.nrs.fs.fed.us/
data/wui/.
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For wildfires that receive a major disaster declaration,
federal assistance exists for individuals under- or uninsured
by private insurance who lose their homes to natural disasters
such as wildfire. This includes FEMA's Individual Assistance
(IA) programs and the Small Business Administration's (SBA)
Disaster Loans program, which may provide immediate assistance
directly to individuals following a major disaster.\3\ FEMA IA
programs include the Individuals and Households Program (IHP),
Mass Care and Emergency Assistance, the Crisis Counseling
Assistance and Training Program, Disaster Unemployment
Assistance, Disaster Legal Services, and Disaster Case
Management. IHP is the primary FEMA program to assist disaster
survivors; it covers housing needs such as home repair, limited
property replacement, and rental assistance.\4\
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\3\ University of Pennsylvania Risk Management and Decision
Processes Center. Wildfires and Recovery: FEMA's Individual Assistance
Funding Provides Important Support--But Unfunded Damages Remain. April
16, 2020. Available at: Wildfires and Recovery: FEMA's Individual
Assistance funding provides important support--but unfunded damages
remain--Risk Management and Decision Processes Center (upenn.edu).
\4\ CRS. FEMA Individual Assistance Programs: An Overview (R46014).
December 5, 2019. Available at: https://sgp.fas.org/crs/homesec/
R46014.pdf.
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Rather than a major disaster declaration for federal
assistance for wildfires, the president may grant a Fire
Management Assistance Grant (FMAG, Stafford Sec. 420). FMAGs
were established in the Disaster Management Act of 2000 (DMA2K,
P.L. 106-390) to provide fire suppression assistance to states
experiencing a wildfire at risk of becoming a major disaster.
As with a major disaster declaration, there is a non-federal
cost share requirement of 25 percent for FMAGs.\5\
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\5\ CRS. Fire Management Assistance Grants: Frequently Asked
Questions (R43738). August 17, 2021. Available at Fire Management
Assistance Grants: Frequently Asked Questions (congress.gov)
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FMAGs have successfully reduced the number of major
disaster declarations for wildfire.\6\ From fiscal year (FY)
2009 to FY 2018 FEMA awarded 374 FMAGs to states experiencing
wildfire, totaling $952,318,049 in financial assistance.\7\ The
statistics indicate that FMAGs are more common for wildfires as
33 FMAGs have been granted thus far in 2021.\8\ Whereas,
between FY 2009 and FY 2020, only 22 major disaster
declarations were declared for wildfires.\9\ FMAGs provide
states federal assistance when suppressing a fire, but the FMAG
declaration does not include access to FEMA's IA or PA
programs. For individuals impacted by FMAG-declared wildfires,
residences not covered by private insurance that are damaged or
destroyed by wildfire are not eligible for FEMA's IA or SBA's
disaster loans.
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\6\ GAO. Wildfire Disasters: FEMA Could Take Additional Actions to
Address Unique Response and Recovery Challenges. October 2019.
Available at https://www.gao.gov/assets/gao-20-5.pdf
\7\ Id.
\8\ FEMA. Declared Disasters. Available at: https://www.fema.gov/
disaster/declarations.
\9\ Id.
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The Disaster Recovery Reform Act of 2018 (DRRA, Div. D of
P.L. 115-254) included a significant enhancement to FMAG
assistance, authorizing post-disaster Hazard Mitigation Grant
Program (HMGP, Stafford Sec. 404) assistance to be made
available for FMAG declarations. FEMA administers ``HMGP Post
Fire'' assistance differently than traditional HMGP.\10\ The
committee has informally heard from stakeholders in the
emergency management community and local governments trying to
recover from wildfires that HMGP Post-Fire is more challenging
to utilize than traditional post-major disaster HMGP.\11\ That
said, investments in wildfire mitigation in the WUI could
significantly alleviate damage and destruction to private
property and limit future impact of wildfire.\12\
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\10\ FEMA. FEMA Policy: Hazard Mitigation Grant Program--Post Fire
Policy #207-088-2. April 29, 2019. Available at: https://www.fema.gov/
sites/default/files/2020-04/SignedPolicyFEMA_HMGP_Post-Fire_policy_207-
088-2_apr292019.pdf.
\11\ GAO. Disaster Resilience: FEMA Should Take Additional Steps to
Streamline Hazard Mitigation Grants and Assess Program Effects.
February 2021. Available at: https://www.gao.gov/assets/gao-21-140.pdf
\12\ FEMA. Multiple Mitigation Measures Save Home From Wildfire.
Available at: https://www.fema.gov/case-study/multiple-mitigation-
measures-save-home-wildfire.
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Wildfires that do result in a major disaster declaration
are those that incur the greatest dollar amount of damage.
California tops the list of approved declarations with nine
major disasters due to wildfire between FY 2009 and FY 2020.
Colorado and Oklahoma follow with three approved major disaster
declarations during the same period.\13\ Major disaster
declarations include some combination of FEMA's IA and PA
programs, as well as access to the post-disaster HMGP and
typically SBA loans.
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\13\ FEMA. Declared Disasters. https://www.fema.gov/disaster/
declarations
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Wildfires that impact rural counties and which receive FMAG
assistance typically incur a lower total dollar amount of
damage when compared to fires that burn in more populated
regions. However, fires impacting rural communities often burn
a greater percentage of the region's total housing stock.\14\ A
recent report published by CoreLogic found the total percentage
of homes burned in Wyoming, a state with a small and
predominately rural population, exceeds that of California.\15\
Fires that burn a high percentage of a region's property cause
a shortage of housing stock and displace a greater number of
residents.\16\ Wyoming has never received a major disaster
declaration for wildfire, but has been granted several FMAGs--
leaving individual survivors without access to FEMA's IA
assistance post-fire.\17\
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\14\ E&E News. Wyoming Tops California for Wildfire Risk, Report
Says. Sept 30, 2021. Available at: https://subscriber.politicopro.com/
article/eenews/2021/09/30/wyo-tops-calif-for-wildfire-risk-report-says-
281401.
\15\ CoreLogic. 2021 Wildfire Report. September 29, 2021. Available
at: https://www.corelogic.com/wp-content/uploads/sites/4/2021/09/2021-
Wildfire-Final-Infographic.pdf
\16\ E&E News. Wyoming Tops California for Wildfire Risk, Report
Says. Sept 30, 2021. Available at: https://subscriber.politicopro.com/
article/eenews/2021/09/30/wyo-tops-calif-for-wildfire-risk-report-says-
281401.
\17\ FEMA. Declared Disasters. Available at: https://www.fema.gov/
disaster/declarations.
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The map below depicts the historical distribution of FEMA's
IHP program where non-western states are more likely to receive
a major disaster declaration for hazards such as flooding,
hurricanes, or severe storms.\18\
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\18\ Natural Hazards. Does Post-Disaster Aid Promote Community
Resilience? Evidence from Federal Disaster Programs. June 1, 2021.
Available at: https://link.springer.com/article/10.1007/s11069-021-
04826-2
Figure 1. Distribution of cumulative IHP per capita by county
(1992-2015) \19\
* Map includes major disaster declarations for all hazards, not
just wildfire
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\19\ Id.
While FEMA's IA programs are not intended to meet the full
needs of disaster survivors, recent declared events have been a
cause for concern regarding both denial rates for IA, as well
as suspected fraudulent registrations for FEMA assistance.\20\
In May 2021, Chairs DeFazio and Titus, and Ranking Members
Graves (MO) and Webster sent a letter to the FEMA Administrator
expressing frustration that the approval rate for IHP
applications has reached an all-time low.\21\ Following the
September 2020 wildfires in Oregon, FEMA denied 70 percent of
IHP assistance requests after it filtered out applicants that
were potentially fraudulent.\22\ Following the 2017 and 2018
fire seasons in California, 48,856 individuals applied for IHP
and roughly only one-fifth received some amount of
assistance.\23\
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\20\ NPR. As Western Wildfires Worsen, FEMA is Denying Most People
Who Ask for Help. July 1, 2021. Available at: As Climate Change Worsens
Wildfires, FEMA Denies Most California, Oregon Claims : NPR
\21\ T&I. Letter to FEMA Administrator. May 13, 2021. Available at:
https://transportation.house.gov/news/press-releases/committee-leaders-
question-fema-after-approvals-for-disaster-survivor-aid-program-falls-
to-all-time-low.
\22\ NPR. As Western Wildfires Worsen, FEMA is Denying Most People
Who Ask for Help. July 1, 2021. Available at: As Climate Change Worsens
Wildfires, FEMA Denies Most California, Oregon Claims : NPR
\23\ University of Pennsylvania Risk Management and Decision
Processes Center. Wildfires and Recovery: FEMA's Individual Assistance
Funding Provides Important Support--But Unfunded Damages Remain. April
16, 2020. Available at: Wildfires and Recovery: FEMA's Individual
Assistance funding provides important support--but unfunded damages
remain--Risk Management and Decision Processes Center (upenn.edu)
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Applicants approved for IHP assistance to repair or replace
their homes often realize the grants do not cover full repair
and replacement costs, as insurance might. The maximum amount
of IHP assistance awarded for home replacement is $34,900. DRRA
removed limits on the amount of rental and other needs
assistance an applicant is eligible to receive in conjunction
with property repair and replacement assistance; the maximum
award for combined assistance is $72,000. Applicants deemed
eligible for SBA loans are eligible for up to $200,000 of
assistance via low-interest loans.\24\ All other costs of
recovery tied to personal property are the responsibility of
the survivors.
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\24\ Id.
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The application process for IHP has repeatedly been
described as overwhelming and confusing by disaster
survivors.\25\ Applicants must navigate a series of steps
before a decision is rendered on their application. For
example, if an individual's home is deemed habitable after a
disaster, they must apply and be denied an SBA loan before
being made eligible for home repair through FEMA's IHP. It has
been documented that this process is especially challenging for
individuals whose identity documents were destroyed during the
disaster, who are low-income, or who live in a mobile home on
land they do not own.\26\
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\25\ GAO. Wildfire Disasters: FEMA Could Take Additional Actions to
Address Unique Response and Recovery Challenges. October 2019.
Available at https://www.gao.gov/assets/gao-20-5.pdf.
\26\ Id.
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Yet challenges remain for survivors of wildfire major
disasters who do get approved for assistance. Communities
trying to recover from wildfires often face challenges finding
available rental stock or siting temporary housing sites.\27\
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\27\ See KEZI.com. FEMA denies request for some temporary housing
options for wildfire survivors. December 1, 2020. Available at: https:/
/www.kezi.com/content/news/FEMA-denies-request-for-some-temporary-
housing-for-wildfire-survivors-573251461.html; Los Angeles Times.
Californians moved to Oregon for affordable housing. Wildfires left
them homeless. September 21, 2020. Available at: https://
www.latimes.com/world-nation/story/2020-09-21/oregon-fires-destroyed-
lost-homes-california-housing; NPR Planet Money. How A Blistering
Housing Market Could Be Making Wildfires Even More Dangerous. September
14, 2021. Available at: https://www.npr.org/sections/money/2021/09/14/
1036085807/how-a-blistering-housing-market-could-be-making-wildfires-
even-more-dangerous.
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CONCLUSION
Given the risk that wildfire poses to communities, it is
critical to examine whether FEMA programs are meeting the needs
of wildfire-prone areas. While FMAGs have effectively helped
states cover fire suppression expenses, in an effort to fight
fires before they may cause damage and destruction which could
warrant a major disaster declaration, there are clear
limitations for residents living in or near the WUI and
communities trying to recover from these events.\28\ FEMA's IHP
can help survivors of major disasters afford temporary housing,
make some repairs, and begin to rebuild their homes,\29\ but
there are challenges for addressing post-disaster housing needs
for displaced survivors, especially those of lower-income or
other historically vulnerable populations.\30\ The Government
Accountability Office (GAO) has additionally reported that IHP
is not meeting the needs of low-income renters and homeowners
post-wildfire.\31\
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\28\ GAO. Wildfire Disasters: FEMA Could Take Additional Actions to
Address Unique Response and Recovery Challenges. October 2019.
Available at https://www.gao.gov/assets/gao-20-5.pdf.
\29\ CRS. FEMA Individual Assistance Programs: An Overview
(R46014). December 5, 2019. Available at: https://sgp.fas.org/crs/
homesec/R46014.pdf.
\30\ GAO. Wildfire Disasters: FEMA Could Take Additional Actions to
Address Unique Response and Recovery Challenges. October 2019.
Available at https://www.gao.gov/assets/gao-20-5.pdf.
\31\ GAO. Wildfire Disasters: FEMA Could Take Additional Actions to
Address Unique Response and Recovery Challenges. October 2019.
Available at https://www.gao.gov/assets/gao-20-5.pdf.
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WITNESS LIST
LAndrew Phelps, Director, Oregon Office of
Emergency Management, on behalf of the National Emergency
Management Association
LKacey KC, State Forester and Firewarden, Nevada
Division of Forestry
LRich Elliott, Deputy Chief, Kittitas Valley Fire
& Rescue (WA), on behalf of the International Association of
Fire Chiefs
LCasey Hatcher, Deputy, Chief Administrative
Officer, Butte County Administration (CA)
ARE FEMA'S ASSISTANCE PROGRAMS ADEQUATELY DESIGNED TO ASSIST
COMMUNITIES BEFORE, DURING, AND AFTER WILDFIRE?
----------
TUESDAY, OCTOBER 26, 2021
House of Representatives,
Subcommittee on Economic Development, Public
Buildings, and Emergency Management,
Committee on Transportation and Infrastructure,
Washington, DC.
The subcommittee met, pursuant to call, at 10:04 a.m., in
room 2167 Rayburn House Office Building and via Zoom, Hon. Dina
Titus (Chair of the subcommittee) presiding.
Members present in person: Ms. Titus, Mr. Garamendi, Mr.
Webster, Miss Gonzalez-Colon, Mr. Guest, and Mr. LaMalfa.
Members present remotely: Mr. DeFazio, Ms. Norton, Ms.
Davids of Kansas, Mrs. Napolitano, Mr. Carter of Louisiana, Mr.
Carbajal, Mr. Massie, and Mr. Gimenez.
Ms. Titus. The subcommittee will come to order.
I ask unanimous consent that the chair be authorized to
declare a recess at any time during today's hearing.
Without objection, so ordered.
I also ask unanimous consent that Members not on the
subcommittee be permitted to sit with the subcommittee at
today's hearing and ask questions if they feel like it.
Without objection, so ordered.
As a reminder, please keep your microphone muted unless
speaking. Should I hear any inadvertent background noise, I
will request that the Member please mute their microphone.
To insert a document into the record, please have your
staff email it to [email protected].
We will begin with an opening statement, and then I will
pass it to our ranking member for his opening statement.
I would like to welcome everyone to today's hearing and
thank our witnesses for joining us to discuss whether the
Stafford Act and the Federal Emergency Management Agency's, or
FEMA's, response, recovery, and mitigation programs that are
designed to help our communities before, during, and following
wildfire are working as they should be.
While southern Nevada, which is my district, downtown Las
Vegas, doesn't have the same magnitude of risk for wildfire as
elsewhere, the State certainly had similar experiences further
north as our neighbors in California, Oregon, and Washington.
All Western States have seen record-setting wildfires in
recent years. Drought conditions have resulted in forests that
are just ready to explode, and it can be caused from a
lightning bolt, a campfire spark, utility lines being
interrupted by trees, or an arsonist's match. We have seen all
of those.
As our witnesses note in their testimony, wildfire season
now starts earlier and lasts longer, finishes later. Fires burn
hotter, larger, and longer due to climate change. Fall storms,
like those bringing welcome precipitation to the West just this
week, arrive later, and they are less helpful in extinguishing
the still-raging forest fires.
We see that FEMA is providing an unprecedented number of
Fire Management Assistance Grants to States in order to provide
much-needed Federal assistance for fire suppression costs.
While I am sure our witnesses would rather not be experts
in all things related to wildfires, they do represent States
and communities that have been or currently are devastated by
these destructive and sometimes deadly events. The subcommittee
looks forward to hearing about their experiences, their
successes, and their frustrations in responding to, recovering
from, and mitigating against these firestorms.
My hope is that today's hearing will provide a clearer
picture as to whether FEMA's disaster and mitigation assistance
programs are flexible enough to address the challenges
currently faced by Western States.
And I would mention that, while the West's monstrous fire
complexes have received the largest amount of media attention
in recent years, forested States in the Southeast are also
experiencing wildfires with increased frequency.
What changes may be necessary to ensure that Federal
recovery programs, whether under FEMA or under HUD, meet the
needs in the wake of these wildfires as they do for disasters
such as tornadoes, hurricanes, and floods? We want to be sure
that we recognize the severity of wildfires and that we are
dealing with them accordingly.
So, what does recovery look like 1, 2, or 5 years after a
fire? How have survivors fared? Are housing needs being met in
a timely way, or are they just picking up and leaving like one-
offs? Do individuals have access to crisis counseling and
mental health services after they have experienced such deadly
and threatening events?
The mental health situation is often ignored, but we know
that it can have long-term impacts on both the community and an
individual. And I am proud to join our colleague,
Representative Ayanna Pressley, in introducing her Post-
Disaster Mental Health Response Act, which is bipartisan
legislation that expands access to FEMA's crisis counseling
program for all emergencies, not just those declared major
disasters.
A consistent thread across all of our FEMA-related
oversight seems to be--and we hear it from all of you--
burdensome bureaucracy and redtape. What might we cut with
statutory changes that will make this situation better? What
regulations or policies might FEMA need to revisit to be sure
they are fully considering all of the post-fire needs? And are
there any opportunities for a more united Federal, State, and
local approach to recovery?
The committee is scheduled to take up legislation tomorrow
in a markup that will provide some additional relief for
recipients of FMAGs, a bill to establish that 75 percent
Federal share is the minimum and that FEMA must work to
establish criteria for when the Federal share increases for
fires of a certain magnitude.
Additionally, in the Resilient AMERICA package introduced
by Chair DeFazio, Ranking Member Graves, Ranking Member
Webster, and myself, there are provisions to boost resources
for pre-disaster mitigation. And that includes providing
assistance for communities interested in updating their
building codes, establishing a pilot block grant program so
States can assist residents in the wildland-urban interface in
enhancing defensible space around their property, and also
installing fire-resistant building materials to reduce risk.
So, we have done a lot, but we have a lot to do, and we
appreciate the advice and information from our expert
witnesses. Thank you for joining us today. I look forward to
the discussion.
And I now yield the floor to Ranking Member Webster.
[Ms. Titus' prepared statement follows:]
Prepared Statement of Hon. Dina Titus, a Representative in Congress
from the State of Nevada, and Chair, Subcommittee on Economic
Development, Public Buildings, and Emergency Management
I'd like to welcome everyone to today's hearing and thank our
witnesses for joining us to discuss whether the Stafford Act and the
Federal Emergency Management Agency's (FEMA) response, recovery, and
mitigation programs are designed to help communities before, during,
and following wildfire.
While Southern Nevada doesn't have the same magnitude of risk for
wildfire as elsewhere, the state has certainly had similar experiences
further north as our neighbors in California, Oregon, and Washington.
All Western states have seen record-setting wildfires in recent
years. Drought conditions have resulted in forests ready to explode--
whether from a lightning bolt, errant campfire spark, utility lines
being interrupted by trees, or an arsonist's match.
As our witnesses note in their testimony, wildfire season starts
earlier and finishes later. Fires burn hotter, larger, and longer.
Fall storms--like those bringing welcome precipitation to the west
this week--arrive later and are less helpful in extinguishing still
raging infernos.
And we see that FEMA is providing an unprecedented number of Fire
Management Assistance Grants to states in order to provide much needed
federal assistance for fire suppression costs.
While I'm sure our witnesses would rather not be experts in all
things related to wildfire, they represent states and communities that
have been, or currently are, devastated by these destructive and often
deadly events.
The subcommittee looks forward to hearing about their experiences--
successes and frustrations--in responding to, recovering from, and
mitigating against these firestorms.
My hope is that today's hearing will provide a clearer picture as
to whether FEMA's disaster and mitigation assistance programs are
flexible enough to address the wildfire challenges currently faced by
western states.
While the west's monstrous fire complexes have received the largest
amount of media attention in recent years, forested states in the
southeast are experiencing wildfires with increasing frequency, as
well.
What changes may be necessary to ensure that federal recovery
programs--whether they be under FEMA or the Housing and Urban
Development's (HUD) Community Development Block Grant-Disaster Recovery
(CDBG-DR) program--meet the needs in the wake of wildfires as they do
for other disasters such as tornadoes, floods, and hurricanes?
What does recovery look like one, two, or three years post fire?
How have survivors fared? Are housing needs being met in a timely
way, or are they just picking up and leaving? Do they have access to
the crisis counseling and mental health services they may need after
experiencing their lives and livelihoods go up in smoke?
A consistent thread across all of our FEMA-related oversight seems
to be a burdensome bureaucracy. What red tape might Congress be able to
cut with statutory changes? What regulations or policies might FEMA
need to revisit to ensure it is fully considering needs of communities
post-fire? Are there opportunities for a more unified federal approach
to recovery?
The committee is scheduled to take up legislation at mark-up
tomorrow that will provide some additional relief for recipients of F-
MAGs: a bill to establish that 75 percent federal share is the minimum
and that FEMA must work to establish criteria for when the federal
share increases for fires of a certain magnitude.
Additionally, in the Resilient AMERICA package introduced by myself
along with Chair DeFazio, Ranking Member Graves, and Ranking Member
Webster, there are provisions to boost resources for pre-disaster
mitigation including: providing assistance for communities interested
in updating their building codes to reflect the latest hazard resistant
designs, establishing a pilot block grant program so that states
interested in assisting residents in the wildland-urban interface
enhance defensible space around their property, or installing fire-
resistant building materials to reduce risks.
I once again thank our witnesses for joining us today to share
their perspectives and experiences. I am grateful for your testimony
and look forward to our discussion.
Mr. Webster. Thank you, Chair Titus.
And thank you for our witnesses who are here with us today.
An all-hazards approach to disasters is critical to ensure
the preparedness and clear direction in responding to all the
disasters there are. However, each type of disaster has its own
peculiarities and challenges. Wildfires are no different. And,
unfortunately, wildfires have devastated communities across the
States in recent years, and there have been lots to manage,
lots to fight, lots to respond to.
So, it is critical for us to ensure FEMA, the Government
lead agency on disasters, is positioned to assist those
communities to prepare for, mitigate against, and recover from
wildfires.
The most effective actions to prepare for or mitigate
against wildfires may be very different than those actions
needed for floods or hurricanes or the like. And after a
disaster, whether it is a wildfire or hurricane, we need FEMA
to act effectively and efficiently to get assistance to
affected communities without costly delay and mountains of
paperwork.
We must find ways to make sure FEMA works for the
communities hit by the disaster, not against them. That is why
I am pleased we have witnesses here today who have firsthand
knowledge of what is needed and how FEMA programs can
effectively support efforts to prepare for and respond to
wildfires. We may learn a thing or two that we can apply to
other types of disasters as well.
I look forward to hearing the testimony of the witnesses
today. And thank you, Chair Titus. I yield back.
[Mr. Webster's prepared statement follows:]
Prepared Statement of Hon. Daniel Webster, a Representative in Congress
from the State of Florida, and Ranking Member, Subcommittee on Economic
Development, Public Buildings, and Emergency Management
Thank you, Chair Titus, and thank you to our witnesses joining us
today.
An all-hazards approach to disasters is critical to ensuring
preparedness and clear direction in responding to all disasters.
However, each type of disaster is different and has its own unique
challenges.
Wildfires are no different.
Unfortunately, wildfires have devastated communities across many
States in recent years.
There have been 114 fire management assistance declarations in 2020
and 2021 and 8 major disaster declarations for wildfires.
It is critical for us to ensure FEMA--the federal government's lead
agency on disasters--is positioned to assist those communities to
prepare for, mitigate against, and recover from wildfires--just as they
do with other disasters.
The most effective actions to prepare for or mitigate against
wildfires may be very different than actions needed for floods or
hurricanes. And after a disaster--whether wildfire or hurricane--we
need FEMA to act effectively and efficiently--to get assistance to
affected communities without costly delay and mountains of paperwork.
We must find ways to make sure FEMA works for the communities hit
by disaster, not against them.
That is why I am pleased we have witnesses here with us today who
have firsthand knowledge of what is needed and how FEMA programs can
effectively support efforts to prepare for and respond to wildfires. We
may learn a thing or two we can apply to other types of disasters as
well.
I look forward to hearing the testimony of the witnesses today.
Thank you, Chair Titus. I yield back.
Ms. Titus. Thank you, Mr. Webster.
I would now recognize Mr. DeFazio, chairman of the T&I
Committee, and Mr. Graves, the ranking member, in that order,
if they are present.
Mr. DeFazio. Thank you, Madam Chair. I appreciate that
you're holding this important hearing.
In particular, I would like to welcome Andrew Phelps, who
is the director of the Oregon Office of Emergency Management,
joining us as a witness. He has been critical in a number of
natural disasters that have impacted Oregon in recent years,
including last year's wildfires, which were the worst of at
least recent recorded history--5,000 structures, 9 people lost
their lives, tens of thousands evacuated, and it was
extraordinary.
And Oregon, working with FEMA, did, for the most part, a
good job. There are some issues that we will delve into a
little bit here regarding housing. Also, the whole issue, which
has been raised in the testimony I read, about the problems of
using HMGP funds for mitigation projects.
I think there is kind of a slant in FEMA over the years
that they really kind of got used to dealing with hurricanes
and floods, and wildfires were not so large or prevalent of an
issue until very recently. And I think a lot of the bureaucracy
hasn't quite adjusted to that.
In particular, mitigation prevention, but also mitigation
after. I was reading something about how there are problems
where there is no categorical exclusion for these recovery
projects. I read in one of the testimonies that it can take up
to 2 years to talk about putting in native plants and doing
other things to prevent landslides afterwards and begin to
recover.
So, I think a good deal of work needs to be done here, and
I am really looking forward to hearing from the witnesses.
Also, along with Chair Titus and Ranking Members Graves and
Webster, we raised questions earlier this year with FEMA
regarding denial rates. And there are different reasons. I know
we have to protect against fraud; I get that, totally get that.
But the process shouldn't be so difficult for people to get the
Individual Assistance they need.
And the documentation sometimes--for instance, in Puerto
Rico, you had to finally waive some of the documentation
requirements because the courthouses were gone. So, people
couldn't prove that that was their property or they had lived
there for so long, and started accepting some self-attestation.
And we have similar problems when it comes to the mobile home
parks, I think, several of which were burned during the fire
disasters in Oregon.
So, anyway, I look forward to hearing all the testimony
and, hopefully, looking at ways we can just make a few changes
in the way FEMA does things. Generally, I am very appreciative
of the Agency and its work, but I think we need a little
adjustment when it comes to wildfires, wildfire mitigation,
prevention, and recovery.
Thank you, Madam Chair.
[Mr. DeFazio's prepared statement follows:]
Prepared Statement of Hon. Peter A. DeFazio, a Representative in
Congress from the State of Oregon, and Chair, Committee on
Transportation and Infrastructure
Thank you, Chair Titus, and thank you to our witnesses for being
with us today. In particular, I'd like to thank Andrew Phelps, the
Director of the Oregon Office of Emergency Management who is joining us
as a witness. His leadership has been critical in responding to the
growing number of natural disasters that have impacted the state of
Oregon in recent years.
The issues we'll be discussing are critical for states like mine
that experience wildfires. Climate change and an expanding wildland-
urban interface are causing wildfires to inflict an unprecedented
amount of damage to the natural and built environment.
Oregon understands the gravity of this issue all too well. In 2020,
Oregon experienced the most devastating wildfire season in our state's
recent history. More than 5,000 structures across the state were
damaged, including thousands of homes in low-income communities. Tens
of thousands of Oregonians were forced to evacuate and, tragically,
nine people lost their lives. I remain committed to helping Oregonians
though the long recovery process in the wake of these fires.
The recovery process in Oregon has highlighted the importance of
FEMA's assistance programs and making sure they are designed to meet
the needs of wildfire survivors. I am grateful for FEMA's tireless work
in Oregon and across the U.S. to help disaster-impacted communities
recover. However, the growing number and severity of wildfires and
their impact, particularly in the West, makes it necessary to
reevaluate whether FEMA's programs are doing enough to support local
communities.
In the last year alone, FEMA has provided assistance to states
experiencing wildfires by issuing 33 Fire Management Assistance Grants
or F-MAGs and 5 Major Disaster Declarations. F-MAGs provide wildfire
suppression assistance to states so they can stop fires before they
become Major Disasters.
This high number of declarations causes us to ask the question,
``what can we do to protect our communities from these fires?'' The
answer is to invest in mitigation efforts. Mitigation is a commonsense
way to save lives and property, and it's cost effective. That's why I
strongly support finding ways to expand funding for mitigation projects
at the local and individual level.
After an F-MAG or Major Disaster Declaration, states are eligible
for Hazard Mitigation Grants or HMGP. However, local stakeholders have
told me that it is challenging to use HMGP funds for wildfire
mitigation projects. As I said previously, mitigation is the key to
reducing the devastating impact these disasters have upon communities.
Investing in defensible space around a home can be the difference
between a family's home being saved and being burned to the ground. We
must make sure that HMGP and other federal mitigation grants are
designed to accommodate the type of mitigation needed to protect
communities from wildfires.
As Chair Titus mentioned in her statement, I am pleased to have
introduced the Resilient AMERICA package. The improvements to hazard
mitigation that this legislation provides will help individuals and
communities make the investments in mitigation that are needed to
combat natural hazards.
While mitigation efforts can reduce the impact of wildfires, they
cannot eliminate it completely. That's why it is also vital that relief
programs are meeting the needs of survivor's post-fire.
In September of 2020, I was proud to pass the FEMA Assistance
Relief Act. This bill reduces the financial burden on states and
communities after natural disasters. I am eager to continue this work
and evaluate the F-MAG program to consider how amendments may reduce
the financial burden our communities face after a wildfire.
In May of this year, myself, Chair Titus, Ranking Member Graves,
and Ranking Member Webster sent a letter to FEMA raising concern
regarding denial rates for FEMA's Individual Assistance program and
increasing instances of fraud. I plan to work with FEMA to resolve
these issues and safeguard qualifying applicant's access to assistance.
Once again, thank you to our witnesses for joining us today. I look
forward to hearing your testimony and learning from your local
experience.
Ms. Titus. Thank you, Mr. Chairman.
Is Ranking Member Graves with us? No?
All right. I guess not, so we will go ahead and hear from
our witnesses. I would like to introduce them and welcome them.
Mr. Andrew Phelps has already been introduced by Chairman
DeFazio; he is the director of the Oregon Office of Emergency
Management, and he is here on behalf of the National Emergency
Management Association.
Ms. Kacey KC, who is a State forester and firewarden in the
Nevada Division of Forestry; Mr. Rich Elliott, deputy fire
chief, Kittitas Valley Fire and Rescue, on behalf of the
International Association of Fire Chiefs; and Ms. Casey
Hatcher, deputy, chief administrative officer at Butte County
Administration.
So thank you all for being here. We look forward to hearing
your testimony.
Without objection, our witnesses' full statements will be
included in the record.
Since your written testimony has been made a part of the
record, the committee would request that you limit your oral
testimony to 5 minutes.
So now we will proceed with our witnesses.
Mr. Phelps?
TESTIMONY OF ANDREW PHELPS, DIRECTOR, OREGON OFFICE OF
EMERGENCY MANAGEMENT, ON BEHALF OF THE NATIONAL EMERGENCY
MANAGEMENT ASSOCIATION; KACEY KC, STATE FORESTER AND
FIREWARDEN, NEVADA DIVISION OF FORESTRY; RICH ELLIOTT, DEPUTY
FIRE CHIEF, KITTITAS VALLEY FIRE AND RESCUE (WA), ON BEHALF OF
THE INTERNATIONAL ASSOCIATION OF FIRE CHIEFS; AND CASEY
HATCHER, DEPUTY, CHIEF ADMINISTRATIVE OFFICER, BUTTE COUNTY,
CALIFORNIA
Mr. Phelps. Thank you so much, Chairman DeFazio, for the
introduction, Chairwoman Titus, Ranking Member Webster, and
distinguished members of the committee, for allowing me to
testify today.
I am proud to provide testimony on behalf of NEMA, the
National Emergency Management Association, representing the
State emergency management directors of all 50 States,
Territories, and the District of Columbia.
The phrase ``spreading like wildfire'' is no longer just an
idiom. It is becoming an all-too-frequent reality for emergency
managers, first responders, and the communities we serve, as
the threat of wildfire continues to expand beyond Western
States, with devastating fires impacting our friends in the
Southeastern U.S. and along the east coast.
Managing the impacts from wildland fire is challenging and
unique. Given the high percentage of Federal land in Western
States and the checkerboard of land ownership, many wildland
fires originate on Federal lands before impacting local
communities. As a result, what begins as a Federal incident
often leads to costs to State and local governments.
Unfortunately, Federal disaster response and recovery
assistance has been delivered through the lens of floods and
hurricanes. Unlike those hazards, wildfires are no-notice
events, can burn for months, and often combine with one another
to create large, complex incidents.
We saw this repeatedly in Oregon last year. The 2020
firestorm was a worst-case fire scenario come to life for us in
Oregon as we fought fire while also battling a global pandemic.
Oregon's wildfire activity steadily increased over the past
decade, with more fires burning hotter in areas that
historically haven't burned and with fire season becoming a 12-
month event.
The September 2020 fires, however, were unlike anything we
had ever seen. Over the span of 2 days, dozens of new fires
ignited as what could be considered hurricane-force winds
whipped across our State, rapidly driving existing fires past
containment lines, overwhelming already-strained resource and
response systems, and torching homes, businesses, and critical
infrastructure in dozens of communities across Oregon. My heart
breaks for those who lost so much, and especially the nine
Oregonians who lost their lives.
Now, 14 months after the fires, we find strength and hope
as we continue to heal, grieve, and recover. Nearly every
destroyed home site has been cleared of hazardous materials and
other debris left behind by the flames. Hundreds of new homes
are being built, as long-term recovery groups help survivors
access necessary resources to help them write their own
recovery stories.
Through partnerships with Federal and State agencies,
philanthropic and nonprofit organizations, and the private
sector and local governments, neighborhoods, cities, and
natural spaces are showing signs of recovery. Oregon and her
people and communities are strong.
Our experience in Oregon, however, highlights the need for
changes in how we, as a Nation, apply existing emergency
programs and structures at the Federal level to these
disasters. Now, this hearing is slightly ahead of the ongoing
policy review process with my colleagues at NEMA, but I can
give you a sense of the issues we are examining to determine
recommendations.
FEMA should be the lead coordinating agency for all
incidents requiring Federal assistance to ensure coordination
and continuity between disaster response and recovery. They
must exercise leadership to ensure programs such as Public and
Individual Assistance adequately address the wildfire threat.
They should update incident period and declaration criteria and
include post-fire emergency work that is eligible under PA.
The predeployment of equipment through Fire Management
Assistance Grants, or FMAGs, is currently limited to out-of-
State resources. We should utilize this grant for prestaging
firefighting resources within the State to prevent fires from
reaching more severe levels of destruction.
FEMA policies for mitigation programs currently limit
mitigation activities on Federal land. Unfortunately, it is
often the impacts of fires on Federal land that lead directly
to the need for additional firefighting and mitigation on State
and private land. Creativity will be required to ensure
mitigation programs can assist in managing these events
holistically.
I also want to acknowledge our partners from FEMA who have
been assisting us in Oregon throughout our wildfire recovery.
Many of the innovative solutions to challenges we have
experienced should be memorialized in policy, because
disasters, after all, are policy issues. They are a result of
how we build, where we build, and the investments we choose or
do not choose to make.
Extreme weather, prolonged drought, and the devastating
fires we have experienced in Oregon are not anomalies or
outliers; they are indicators of what is to come. We must
ensure Federal programs can adequately support State and local
governments in response and recovery efforts and properly
evolve with this threat.
We at NEMA look forward to working with you in addressing
these challenges. And, once testimony is concluded, I am happy
to take any questions the committee may have. Thank you.
[Mr. Phelps' prepared statement follows:]
Prepared Statement of Andrew Phelps, Director, Oregon Office of
Emergency Management, on behalf of the National Emergency Management
Association
Thank you, Chairwoman Titus, Ranking Member Webster, and
distinguished members of the Committee for allowing me to testify
today.
I am proud to testify today on behalf of the National Emergency
Management Association (NEMA). NEMA represents the state emergency
management directors of all 50 states, territories, and the District of
Columbia. As Director of the Oregon Emergency Management Agency and on
behalf of my colleagues in state emergency management, we thank you for
holding this discussion on how programs of the Federal Emergency
Management Agency (FEMA) aid in the mitigation, response, and recovery
to wildfires.
Background
The mounting impacts of past fire suppression policies,
environmental and ecological alterations, disease outbreaks, and the
development growth within or adjacent to fire-prone ecosystems creates
the perfect storm for areas to be more susceptible to larger and vastly
destructive wildfires. As of October 12, 2021, nine states reported 45
large fires currently burning around the country. These fires have
burned a total of nearly 6.5 million acres of land across the country.
This is coming off the second-worst year in recent history, with over
10.1 million acres burned in 2020. This translates into enormous costs
for all levels of government, communities, businesses, and homeowners.
The average annual federal firefighting costs for the last five years
is $2.35 billion, more than $400 million higher than the ten-year
average of $1.9 billion. Not only are fires becoming more dangerous and
burning faster and further, but they are also increasingly costly in
suppression costs.
According to the U.S. Department of Agriculture Forest Service,
recent increased fire activity is a result of increasingly hot and dry
summers; stronger winds; insect and disaster infestations; and human
population growth in the Wildland Urban Interface. The risk of wildfire
impacts to lives, infrastructure, property, and natural resources is a
growing crisis that demands action in a comprehensive approach for
community protection and forest management. These recommendations are
the beginning of that comprehensive approach.
Managing the state and local emergency management impacts from
wildland fire is challenging and unique. Given the high percentage of
federal land in western states, many wildland fires originate on
federal lands before impacting local communities. As a result, the
federal incident results in costs to local communities for actions such
as structure protection, evacuation, and pre-positioning of resources.
Often these incidents also result in loss of homes, infrastructure,
resources, and sometimes cost lives. Post-fire effects from federal
incidents impact local communities when landslides, debris flows, and
flooding result and become local issues to resolve.
Leveraging federal grants for response or mitigation efforts
becomes problematic when they do not have adequate allowances for some
of the unique needs of fighting wildfires. In the long-term approach,
state and local land managers can be proactive in lessening threats to
communities, while federal land managers struggle to implement
meaningful fuels reduction projects near communities. In total, there
would be great benefit to federal agencies taking a more active role in
protecting communities before, during and after wildland fires
originating on federal lands. Throughout this statement I will
highlight some additional examples and remedies.
The Impact in Oregon
The 2020 firestorm was a worst-case fire scenario come to life for
us in Oregon, when Oregonians were already reeling from the impacts and
uncertainty of the COVID-19 pandemic. Oregon saw an increase in
wildfire activity over the past decade, with increasing frequency,
intensity, and duration of fire seasons. The September 2020 fires,
however, were unlike anything ever seen in the state. At the peak of
fire season, in a matter of days, dozens of fires ignited as hurricane-
force winds whipped across our state, driving existing fires past
containment lines, overwhelming already strained response systems,
torching homes, businesses, and critical infrastructure in dozens of
communities across Oregon.
We issued statewide warnings for wildfire in the days leading up to
the fires. Pre-event messaging and evacuation notices, community
planning, the quick actions of law enforcement and firefighters, and
the culture of preparedness built in Oregon, undoubtedly saved lives.
Despite the selfless and heroic work of first responders, nine
Oregonians tragically lost their lives. Where infrastructure still
allowed, local, state, and federal agencies issued alerts and warnings
and media partners amplified those messages. Despite our best effort,
tens of thousands were temporarily displaced and 4,500 homes were
destroyed, leaving thousands more without a home. Businesses were
burned to the ground, leaving workers jobless in an already struggling
economy. Toxic smoke blanketed the entire state, impacting the health
of every Oregonian, with Oregon's air quality listed as the worst in
the world for days on end.
Words like ``unprecedented'' fail to convey the devastation left
behind by these fires, and ``resilient'' and ``inspiring'' seem
inadequate descriptors of how Oregonians responded to the worst
wildfire disaster in the history of the state. Even as the state works
to grieve, heal, and recover, we continue responding to new wildfires,
leaving traumatized families and communities terrified they may be
next, and forcing those who lost their homes in the infernos wondering
how to navigate the complexities of an overly bureaucratic recovery
system.
Nearly 14 months after the fires, we find strength and hope. Nearly
every destroyed homesite has been cleared of hazardous materials and
other debris left behind by the flames. Hundreds of new homes are being
built, as long-term community recovery groups help survivors access
necessary resources to help them write their own recovery stories.
Through partnerships with federal and state agencies, philanthropic and
non-profit organizations, the private sector and local governments,
neighborhoods, cities, and natural spaces show signs of recovery.
Oregon and her people and communities are strong.
The devastating wildfires experienced over the past several years
in Oregon, along with historic ice storms, severe flooding, and record-
setting heat waves that have cost dozens of lives are not anomalies or
outliers. They are indicators of a changing hazard profile and point to
the types of emergencies and disasters Oregon and others will continue
to face. We must change how we views these emergencies. They are not
natural disasters, because disasters are not natural; disasters are
policy issues. They are a result of how we build, where we build, and
the investments we choose, or do not choose, to make.
Opportunities for Programmatic Improvements
As an association, NEMA is still working through the development of
specific policy and legislative recommendations. What I can share with
you today is the universe of issues we will examine to determine next
steps like adjustments to policy, Stafford Act amendments, or
regulatory changes. Overall, however, the most pressing issue is
leadership and a better understanding of the threat at the federal
level.
Wildfires can no longer be viewed as merely a fire service problem
or function of first responders. As these fires continue spreading and
having broader impacts, they become a whole-of-government hazard which
must be treated as such to include robust prevention activities.
Furthermore, to understand wildfires, one must first understand forest
management, drought, and the interplay with existing FEMA programs.
While NEMA would not recommend creating new, hazard-specific programs,
we believe existing programs could be tailored somewhat to meet the
evolving and continuing wildfire threat.
Clarify the Federal Role. FEMA should be the lead coordinating
agency for all multi-agency incidents across all phases of a wildfire,
including recovery. This will include ensuring FEMA's capacity to
successfully achieve interagency coordination through appropriate
resourcing, staffing (including wildfire subject matter expertise), and
authorities. Furthermore, FEMA must exercise leadership with its own
policies and ensure the Public Assistance Program and Policy Guide
(PAPPG) clarifies available assistance and reduces the amount of on-
the-fly policy interpretation currently being done within disparate
FEMA regions. Given the large amount of US Forest Service and Bureau of
Land Management lands that are continually impacted by wildfires,
coordination and land use agreements should be put in place prior to
wildfire season to ensure there are no delays in recovery due to
ownership issues. In many States across the Country, these federal
lands have trees that when burned, fall onto local, state, and private
property.
Prepositioning Deployments. When preparing to fight wildfires, one
of the most valuable capabilities is that of prepositioning
firefighting assets. Currently, eligible pre-deployment costs through
the Fire Management Assistance Grants (FMAG) are limited to out-of-
state resources. Allowing the state to utilize FMAG assistance for the
prepositioning of in-state resources would be a logical interim step to
requiring us to look outside our borders first. Consideration should
also be given to allow for funding the pre-staging of firefighting
resources to prevent fires from reaching the severity where an FMAG is
needed, much as we do for hurricanes or floods.
Definition of Incident Period and Declaration Criteria. Unlike a
hurricane that is predictive and leaves a specific trail of destruction
in its wake, wildfires are unpredictable and often overlapping. In some
cases, four or five fires start at different times in different
locations and merge to form one massive event. Current policies
dictating the establishment of an incident period are not conducive to
this type of event across multiple jurisdictions and authorities. There
are one of two ways in which this could be resolved. First, the initial
attack of a wildfire could qualify for emergency protective measure
once the National Geographic Area Coordination Center (GACC) and the
National Interagency Fire Center (NIFC) reach Preparedness Level (PL)
5. Secondly, instead of considering only localized impacts of fires,
declaration criteria could be based on statewide impacts to include
ongoing firefighting incidents. Furthermore, the declaration criteria
used for Individual and Public Assistance disasters are not well-suited
for informing fire declaration decisions as they do not consider the
full range of impacts of large fires on local, and especially rural,
communities and states.
Emergency Work Eligibility. Large fires expose burn scars to
erosion from wind and soil saturation. This often leads to landslides
and mudslides. The federal firefighting services recognize this hazard
and take emergency protective measures to protect property within their
jurisdiction under the Burned Area Emergency Response (BAER) and
Emergency Stabilization and Rehabilitation (ESR) programs. Similar
emergency stabilization measures taken by state and local governments
are eligible Category B measures under FEMA PA declarations. In
managing and FMAG, however, emergency protective measures outside the
FMAG incident period are ineligible, putting additional strain on state
and local resources. FMAG program guidance should mirror the same
eligibilities and time frames for emergency work as those found in the
PA program.
Mitigation & Wildfires. FEMA policies for mitigation programs
currently limit the execution of mitigation activities on federal land.
Unfortunately, it is often the impacts of fires on those federal lands
that lead directly to the need for additional firefighting and
mitigation on state and private land. This dichotomy could be resolved
by allowing states to conduct mitigation activities not only on state
land, but also those federal lands whose land and forest management
practices may directly impact wildfire-prone communities. Empower FEMA
to ensure other federal agencies are ``at the table'' for assessment,
recovery, and mitigation processes beforehand. Such an allowance,
coupled with FEMA having the authority to compel other federal agencies
to convene as necessary would greatly reduce the impact of wildfires on
both federal and non-federal land.
Wildfires dramatically alter the terrain and ground conditions of
the affected area. Communities impacted by wildfire may be at an even
greater risk of flooding and mudslides. Thus, the Disaster Recovery
Reform Act (DRRA) made clear that post wildfire mitigation efforts to
avoid future damage, hardship, loss, or suffering in any area affected
by a wildfire (like activities that avoid flooding and landslides) are
eligible for funding. FEMA should utilize the flexibility afforded in
the DRRA to the maximum amount possible and apply the same criteria
used by other federal agencies for approving soil stabilization and
reseeding projects on non-federal land when post-fire mitigation funds
are used.
Environment and History Preservation (EHP) Reviews. Managing EHP
reviews remains an issue both pre- and post-wildfire. By nature of the
environment in which wildfires occur, environmental reviews represent
an integral part of the preparedness and recovery to these events. EHP
reviews are cumbersome for wildfire recovery and mitigation proposals.
The lengthy timeline is often due to the lack of applicable Categorical
Exclusions under the National Environmental Policy Act (NEPA). This
leads to requirements for full environmental assessments which can take
a year or more to complete. This process may lead to the result of
simple targeted pruning and thinning in rural-residential
neighborhoods; or planting native samplings on a burned hillside. These
administrative delays impact these communities that need simple
mitigation tactics quickly. Such reviews should allow creative
approaches and flexibility in the grant application timeframe,
particularly for disadvantaged communities. Many of these concerns can
be improved by developing Programmatic Biological Opinions (BO) with
other federal regulatory agencies such as the U.S. Fish and Wildlife
Service and National Marine Fisheries Service for wildfire response,
recovery, and mitigation activities. These BO's can pave the way for
federal agencies to streamline approval of these activities via pre-
determined avoidance and minimization measures.
Recovery Policies. Many FEMA programs are built through the lens of
hurricanes and flood but could be properly adjusted to meet the ever-
growing wildfire threat with some modest adjustments. The PAPPG should
be updated to ensure the inclusion of wildfire-specific challenges
around debris removal and eligibility as well as the lingering toxicity
and contaminants once a wildfire has moved through a community. It
could also be amended to include a specific wildland fire disaster
indicator to recognize expenses related to an initial and extended
attack (IEA) indicator.
Conclusion
As emergency managers look to help our communities adapt to our
changing climate and take steps to reduce our shared risk, we must take
an intentional and deliberate approach to ensuring our disaster risk
reduction strategies and programs do not simply account for the
disasters we have faced before, but what we are certain to face
tomorrow. We must prepare our communities in a way that is equitable,
inclusive, and accessible as disasters have the greatest impacts on
those who can least afford them.
Wildfires are unique from other disasters such as hurricanes and
storms because they have the capability of decimating entire
communities to the point where nothing is left standing. The threat has
also moved from a fire season to a year-round persistent danger across
most of the Western United States and is no longer exclusive to this
region. Florida, Georgia, Alabama, Tennessee, and other states east of
the Mississippi River have also experienced large wildfires in recent
years. We are seeing increasingly large and severe wildfires; drought
conditions, low reservoir levels, and parched landscapes; and stress on
the electric grid due to extreme heat throughout the West. These
challenges are interconnected and cannot be looked at, or responded to,
in isolation, and FEMA's policies and response strategies need to
evolve with the threat. These policy gaps can be resolved by a
recognition of the unique threat posed by wildfires, the need for
adaptive policies, and a whole-of-government approach to finding
solutions. The state emergency managers, through NEMA, stand ready to
work with Congress and FEMA in identifying and implementing the
necessary changes to better respond to this dynamic threat.
Ms. Titus. Thank you, Mr. Phelps. We appreciate that.
Our next witness is from the State of Nevada. We are
delighted she is here. Ms. KC first joined the Nevada Division
of Forestry in 2002 and has served as State forester since
April of 2017.
Ms. KC has more than 15 years of professional experience in
forest management and natural resource conservation, including
her tenure as Nevada Division of Forestry deputy administrator
and as the program manager of Nevada's Sagebrush Ecosystem
Program.
She holds a degree in forestry resource and conservation
from the University of Montana. She is a native of
Gardnerville, Nevada. And she is the first female State
forester to head the Nevada Division of Forestry.
Congratulations on that. Welcome to the hearing, and we
look forward to your testimony.
Ms. KC. Thank you for the introduction.
Good morning, Chairwoman Titus, Ranking Member Webster, and
members of the committee. Again, my name is Kacey KC, State
forester/firewarden for the Nevada Division of Forestry. I
appreciate the opportunity to speak with you today and submit
my written testimony as the subcommittee examines FEMA's
wildfire assistance programs.
Climate change conditions, dangerous fuel accumulations,
and increased development in the wildland-urban interface have
caused significant increases in catastrophic loss of life,
property, and ecosystems across the United States, but, as you
have also heard this morning, most dramatically in the Western
United States.
These changes have increased burdens on insurance companies
and national programs like those managed by FEMA to assist with
the increase in the cost of not only wildfire suppression but
the losses suffered to homes and business owners.
In the last 21 years, Nevada has burned close to 10 million
acres, which averages to just over 470,000 acres per year. This
is more than double the previous 20-year period in Nevada. Of
note, within this 21-year period, Nevada has burned close to or
over 1 million acres annually in 6 different years--which, in
the previous 20 years, there was only 1 year, which was an
anomaly in that 20-year period.
The increase in fire frequency and intensity is requiring
more active ecosystem management to prevent catastrophic loss
prior to wildfires starting. In 2020, NDF, along with our
Federal and local government partners, treated over 182,000
acres, which was a 48-percent increase from 2019, despite
challenges related to the pandemic and workforce issues. This
year, we have collectively treated over 257,000 acres so far,
which is, for the first time ever probably, more than we have
burned in the State this year so far.
The Nevada Division of Forestry is designated as the
Governor's authorized representative for the application of
Fire Management Assistance Grants, or FMAGs, in Nevada. FEMA's
FMAG program is critical, and we very much appreciate the
support for State and local and Tribal governments because of
the 75-percent reimbursement rate afforded to those partners
for non-Federal wildfire suppression cost.
NDF applies for FMAGs on behalf of all local government
fire departments under contract in the State of Nevada, which
equates to 98 percent of the fire departments within the State.
FMAG eligibility is based on these primary criteria: threats to
human lives and property, availability of State and local
government firefighting resources, high fire danger conditions,
and the potential for major economic impact.
Although population size for threatened communities is not
explicitly identified in FEMA's guidance to States on FMAG
applications, it appears to be widely used when determining
eligibility. This has continuously ruled out many of Nevada's
largest and most affected areas for wildfire loss, which is our
rural areas, who do suffer severe economic loss to landowners,
to rural economies, to agricultural enterprises, mines,
tourism, and local and State governments.
In 2018, FEMA allocated Hazard Mitigation Grant Program, or
HMGP, funds for wildfire mitigation to those FMAG communities.
Since 2016, NDF has been awarded 17 FMAGs, and subsequently
over $10.7 million in HMGP funds, to those communities.
Of the $10.7 million, close to $8 million has been awarded
for wildfire mitigation projects, yet none of those funds have
been implemented on the ground due to a lengthy application and
environmental review process. The funds that were allocated for
equipment purchases have been executed and completed.
A portion of these HMGP funds is needed for emergency
stabilization measures immediately to ensure that there is no
further loss to lives and properties due to flooding or
landslides following rain or snow events after wildfires. FEMA
should create a program to advance the necessary portion of
these HMGP funds to recipients immediately upon approval so
that emergency stabilization measures can be put in place.
With lengthy delays of funding availability, we find
ourselves in a much more costly and time-consuming restoration
project due to ongoing erosion, sedimentation, and invasion of
nonnative fuels.
FEMA programs for floods and earthquake mitigation are very
well-established, with precalculated benefits and average costs
for certain projects to expedite review and approval. A similar
project should be developed for wildfire emergency
stabilization measures and mitigation projects for wildfires to
streamline the process and ensure that the actions can hit the
ground immediately.
Thank you for allowing me time to speak on this issue.
Following testimony, I, too, will be available for questions.
[Ms. KC's prepared statement follows:]
Prepared Statement of Kacey KC, State Forester and Firewarden, Nevada
Division of Forestry
Good morning, Chairwoman Titus, Ranking Member Webster, and Members
of the Committee. My name is Kacey KC, State Forester/Firewarden for
the Nevada Division of Forestry. I appreciate the opportunity to speak
with you today and submit my written testimony as the Subcommittee
examines FEMA's wildfire assistance programs.
Background
Climate change, dangerous fuel accumulations, and increased
development in the wildland urban interface has caused a significant
increase in catastrophic loss of life, property, and ecosystems across
the United States, most dramatically in the Western U.S. Fire seasons
have expanded to year-round wildfire occurrence and fire intensity has
increased, leaving little surviving native vegetation post-wildfire.
These fire frequencies have been shortened to lengths that only allow
short-lived, weedy, and flammable species to remain on our landscapes.
In many Western States, these changes are causing increased burdens on
insurance and national programs like those managed by FEMA to assist
with the increase in the costs of wildfire suppression and the losses
suffered to home and business owners.
Nevada's wildland fire occurrences have followed this same
trajectory. During the 20-year period between 1980 and 1999, Nevada
burned 4,160,929 acres. This is an average of 208,046 acres burned per
year. This 20-year period included the most devastating year on record,
1999, in which over 1.7 million acres burned (see graph below). The
wildfire events of 1999 were an anomaly within that period, as Nevada
had never experienced anywhere near 1 million acres burned since the
inception of wildfire data collection. In the next 21 years, from 2000
to 2020, Nevada burned 9,959,185 acres, which is an average of 474,247
acres burned per year, more than double the previous 20-year period. Of
note, within this latter 21-year period, Nevada has burned close to or
over 1 million acres annually in 6 different years. This is directly
correlated to climate in years of extended drought interrupted by a
year or two of above average precipitation and warmer overall
temperatures.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Table: Annual wildfire acreage burned in Nevada overlaid with Humboldt
River flows, which is indicative of most Nevada watershed response
showing Nevada's largest fire seasons by acres burned are the 2-3 years
following high water flows.
Between 2005 and 2020, wildfires have destroyed more than 89,000
structures, including homes and businesses in the United States. The
most damaging wildfires have occurred in the last few years, accounting
for 62 percent of the structures lost over the last 15 years
(Headwaters Economics, 2020). The following list shows significant
losses due to wildfires in the United States over the last decade
(NIFC, 2021).
2011: Texas--5,900 structures damaged or destroyed
2012: Colorado--3 civilian fatalities and 605 homes lost
2013: Arizona--19 firefighter fatalities and 129
structures destroyed
2014: California--341 residences destroyed;
Washington--342 residences destroyed
2015: Washington--3 firefighter fatalities and 342
residences destroyed
2016: Tennessee--14 fatalities, 2121 residences destroyed
2017: California--7,778 residences destroyed;
Florida--44 residences destroyed
2018: California--88 civilian and firefighter fatalities
and over 18,800 structures lost
2019: California--315 residences destroyed;
Alaska--57 residences destroyed
2020: Oregon--11 civilian and firefighter fatalities and
over 3000 structures destroyed;
California--10,500 structures destroyed and 33 civilian and
firefighter fatalities
The increased loss in structures, lives and ecosystems and further
damage from subsequent floods is requiring a significant increase in
the need for active ecosystem management across Nevada, better
coordination and participation among multiple partners, and increased
funding from multiple sources to address the threat of catastrophic
wildland fire loss.
Nevada's Use of FEMA Wildfire Funds
The Nevada Division of Forestry (NDF) is designated as the
Governor's Authorized Representative (GAR) for the application of Fire
Management Assistance Grants (FMAG) in Nevada. FEMA's FMAG program is
critical for state, local, and tribal government agencies because of
the 75% reimbursement rate afforded to these partners for wildfire
suppression costs of non-federal response assets. To be accepted, an
FMAG must be submitted when the threat of wildfire impact is imminent.
During the active response of suppression assets, the program assesses
the following criteria for eligibility: threats to human lives and
property, including critical infrastructure and watersheds;
availability of state and local government firefighting resources; high
fire danger conditions; and the potential for major economic impact.
NDF's on-call duty officers work with FEMA's regional officials and a
Forest Service Technical Advisor to submit a timely application that
meets the program's qualifying criteria, if they are present.
There are two primary issues NDF has identified with the FMAG
approval process:
1) Although population size for a threatened community is not
explicitly identified in FEMA's guidance to States on FMAG
applications, it appears size is widely used when determining
eligibility. This has continuously ruled out many of Nevada's rural
fires that have caused severe economic loss to landowners, rural
economies, agricultural enterprises, mines, tourism, and local and
state governments. This was brought to light when the FMAG request for
the South Sugarloaf Fire, a fire that burned over 364 square miles, was
denied originally and then again when appealed by NDF.
2) Eligibility for the same community varies year to year, even
when eligibility criteria remain the same and are consistently met.
This was evident in the FMAG request for the Nevada side of the
Tamarack Fire this year, which was originally denied; however, the same
community had received two FMAGs in previous years. This causes
confusion for GARs when supplying information to FEMA in the FMAG
process.
In 2018, FEMA allocated Hazard Mitigation Grant Program (HMGP)
funds for wildfire mitigation, rehabilitation, emergency stabilization,
and restoration to the community/county/state that was awarded an FMAG.
This first allocation in 2019 counted all successful FMAGs awarded from
2016-2018, then was allocated each year thereafter based on those years
approved FMAGs. Nevada was deemed an area of high wildfire threat and
was awarded the maximum amount of funding per FMAG through this HMGP
allocation. The allocated HMGP amount in Nevada started at $566,677 per
FMAG and has increased every year. Currently, Nevada receives $778,778
per FMAG. Since 2016, NDF has been awarded 17 FMAGs and subsequently
over $10.7 million in HMGP wildfire mitigation funds have been
allocated. Each year, FEMA and the State of Nevada's Division of
Emergency Management have solicited grant proposals for funds allocated
to Nevada. The State of Nevada, along with its local fire protection
organizations have applied and been selected for awards of the HMGP
Grants. Of that $10.7 million, close to $8 million has been awarded to
wildfire mitigation projects or equipment, approximately $1.5 million
went to mitigate other hazards and over $2.2 million was returned to
FEMA due to withdrawn applications. The complicated application process
and the length of time to award has caused many applicants,
particularly local government fire departments who do not have the
capacity to deal with this, to turn down these FEMA funds. NDF has
tried to apply on behalf of these jurisdictions to keep the funding in
Nevada, however, has also had difficulty navigating the process, which
averages two to three years to complete. Applications for equipment
purchases move through the FEMA application process with ease; however,
mitigation, fuel reduction, rehabilitation, and home hardening
processes all experience substantial delays.
The Nevada Division of Emergency Management (NDEM) is the recipient
of all HMGP funds in the State of Nevada, including wildfire
mitigation, as those funds are tied to the State of Nevada Enhanced
Hazard Mitigation Plan. NDEM works diligently with FEMA on behalf of
NDF and local government entities to ensure these wildfire mitigation
HMGP funds are used for wildfire mitigation in the most critical and
high-risk areas. Ecosystem management, cultural resource clearances,
and wildfire mitigation, however, are not NDEM's area of expertise,
which has caused delays in applicant receipt of funding and the funding
of projects that are not of the highest priority. State Forestry
Agencies like NDF have State Forest and Resource Management Action
Plans as well as Shared Stewardship Plans, created with state, federal,
and local government partners which identify the areas of highest
wildfire risk in need of treatments.
NDF has applied for, and been awarded, funds for five projects to
date through NDEM and the wildfire mitigation HMGP funds. The
application process is more challenging than most other sources of
mitigation funding but is manageable. Once selected, the environmental
clearance process is extensive and has taken over three years so far,
as we have not yet made it through any of those processes and received
funds for implementation. Much of this funding is necessary to assist
the affected county with immediate emergency stabilization measures to
ensure that when the first rain or snow falls following the fire, there
is no further damage to lives and property due to flooding or
landslides. If three years have passed before funding can be allocated,
then NDF and our partners have not been able to mitigate the post-
wildfire impacts to lives and property. We and our local partners find
ourselves in a much more costly and time-consuming restoration project
due to the ongoing erosion, sedimentation, and runoff processes that
tend to follow wildfires, particularly when known issues are not
managed in a timely manner following the wildfire occurrence. In
addition, the longer the time between the fire and the restoration
activities, the harder it is to avoid highly competitive non-native,
noxious species out competing native vegetation following fire and
contributing to the loss of water supplies for communities, habitat for
wildlife, and other economic activities tied to healthy ecosystems.
Suggestions to Ensure Successful Implementation of FEMA Funds
1) Ensure that FMAG eligibility criteria are equally applied
across all states and do not favor highly populated areas over more
rural areas, as loss of livelihoods and economic impacts are critical
regardless of overall human population.
2) Ensure FMAG eligibility criteria are clearly written and
understood by FEMA staff and applicants.
3) Have FEMA work directly with State Forestry agencies, like NDF,
and/or other federal land management agencies, who have been
implementing wildfire mitigation projects for over 100 years and have
current plans and strategies depicting the highest risk areas from
wildfire needing treatment, to ensure that wildfire mitigation (HMGP)
funds go to the highest priority risk reduction areas when they are not
being used solely for rehabilitation of the awarded FMAG fire. The GAR
for the wildfire HMGP funds should be the same as that for the FMAG
process and should align with the State Forestry agencies that manage
natural resources and wildfire risk reduction in the State.
4) Have FEMA and DEM receiving agencies establish agreements with
State Forestry agencies to expedite cultural resource reviews to ensure
expeditious application of wildfire mitigation HMGP funds on critical
risk reduction projects.
5) Allow an advance of a portion of the FMAG-related HMGP funds to
be awarded to allowable recipients immediately upon approval so that
emergency stabilization measures can be put in place for the protection
of lives, properties, and remaining natural and cultural resources.
6) FEMA programs for flood and earthquake are very well
established with set projects to expedite review and approval. Develop
a similar process for wildfire emergency stabilization measures and
mitigation projects to streamline the process of application review,
approval, and award to ensure that timely actions can be applied on the
ground.
7) Many States in the Western U.S. have identified wildfire as a
top priority in their Multi-Hazard Mitigation Plans. Funding for active
fuel management has traditionally gone directly to Department of
Interior and Department of Agriculture agencies, which then pass down
to states, local governments, and tribal entities. Traditional funding
streams should be continued and increased to address growing wildfire
occurrences. If FEMA is going to have a role in fuel management, it
should be clearly defined, and the process should mimic those of DOA
and DOI agencies.
8) FEMA grants require extensive Benefit Cost Analysis (BCA)
reports for submittal. The current criteria should be evaluated to
ensure it covers wildfire issues in addition to other funded disasters
equally. Also, pre-calculated benefits for wildfire mitigation should
be designed for common projects to expedite the application process.
Ms. Titus. Thank you very much, Ms. KC.
We will now go to Mr. Elliott.
Mr. Elliott. Good morning, Chair Titus, Ranking Member
Webster, and members of the subcommittee. I am Deputy Fire
Chief Rich Elliott with Kittitas Valley Fire and Rescue, which
is in central Washington State.
Today, I am representing the International Association of
Fire Chiefs as the chair of the Wildland Policy Committee. I
thank you for the opportunity to testify at today's hearing.
The wildland fire problem is a national problem. Every
State in the Union faces the threat of wildfires burning
through their communities. We must take comprehensive action to
address this problem. It will require cooperation between
Federal, State, Tribal, Territorial, and local governments as
well as the private sector and the general public.
FEMA programs can be used to address this wildland fire
problem. They can fund mitigation, preparedness, response and
recovery activities. Most importantly, they bring stakeholders
together to plan and cooperate before the fire occurs.
One example, FEMA's BRIC program, which is Building
Resilient Infrastructure and Communities, is an opportunity to
engage everyone to mitigate the cost of wildland fires. BRIC
grants can promote the use of building codes, such as the
International Wildland-Urban Interface Code, and fire-resistant
materials to reduce fire damage. They also can fund the removal
of hazardous fuels and protect community lifelines.
However, we must also use these grants to build capacity
for mitigation projects. Local jurisdictions require technical
assistance to educate the public about the importance of
activities like prescribed fire. Also, we need help in
navigating the environmental reviews and the litigation that
are part of the mitigation process. The Nation must also
develop an experienced workforce to handle a surge in
mitigation projects.
Due to budget shortfalls and COVID-19, fire departments
across the Nation are facing staffing shortages and challenges
procuring equipment. An example would be the semiconductor
shortage, which is delaying the delivery of brush trucks to
fight wildland fires.
Many fire departments must train their firefighters to
respond to wildland fires. Volunteer fire departments are
facing problems recruiting and retaining personnel due to
COVID-19 restrictions. Even career and combination fire
departments are unable to induct recruit classes at a rate they
require.
FEMA's grants, the Fire, SAFER, and EMPG programs, can help
with these challenges. Fire and SAFER provide matching grants
directly to local fire departments for training, equipment, and
staffing. The EMPG program can be used for planning for the
response to wildfires. And I thank you for the support of these
programs.
The FMAG program, mentioned before, is a tool for funding
the response to major wildland fires. It brings together
Federal, State, Tribal, Territorial, and local authorities to
work in a collaborative manner. However, there is room for
improvement.
We recommend that the committee consider the Wildfire
Recovery Act, H.R. 1066. This bill would allow FEMA to set
thresholds for raising the Federal match for FMAGs. This would
help communities devastated by wildfires to recover faster.
We also ask that FEMA use the FMAG to fund the full
footprint of the wildfire regardless of whether it crosses
jurisdictional boundaries. This will promote cross-border
cooperation during wildland fires.
FEMA can also take steps to improve mutual aid response.
The reimbursement process can take years to resolve between
FEMA and the States; the local fire department can be left
holding the bill. FEMA could make the reimbursement process
more transparent so that the local fire department can
determine when they will be reimbursed. In addition, FEMA could
standardize the reimbursement cost of common resources, like
volunteer firefighters.
FEMA could also adopt tools that complement the EMAC
system. For example, the National Mutual Aid System makes it
easier for fire chiefs to identify and request the closest
resources during a wildland fire. This program can support both
intrastate and interstate mutual aid.
The IAFC urges FEMA to promote community preparedness
efforts like Ready, Set, Go! which promote local preparedness
and planning. They educate homeowners about how to protect
their property and safely evacuate when necessary.
I thank this committee for its leadership in creating the
HMGP Post-Fire program. This allows affected areas to prevent
flooding after fires and create erosion barriers, reseeding,
and other activities.
After a fire, FEMA could provide additional technical
assistance to help communities recover and rebuild. In some
cases, latitude may be required so that a fire station could be
rebuilt in a safer location.
As I conclude, I emphasize the importance of action. In
2020, we had 59,000 fires burn across more than 10.1 million
acres. The Federal cost alone has increased from $240 million
in 1985 to $2.3 billion in 2020. Without aggressive action, we
can expect to see the severity of these fires increase as well
as the cost to lives and property.
The IAFC stands as a partner to local and State agencies,
and I will be available for questions after.
[Mr. Elliott's prepared statement follows:]
Prepared Statement of Rich Elliott, Deputy Fire Chief, Kittitas Valley
Fire and Rescue (WA), on behalf of the International Association of
Fire Chiefs
Good morning, Chair Titus, Ranking Member Webster, and members of
the subcommittee. I am Deputy Fire Chief Rich Elliott of the Kittitas
Valley (Washington) Fire and Rescue department and chair of the
Wildland Fire Policy Committee of the International Association of Fire
Chiefs. I appreciate the opportunity today to discuss the assistance
programs of the Federal Emergency Management Agency (FEMA) and how they
help communities before, during, and after wildland fires.
The IAFC represents the leadership of firefighters and emergency
responders worldwide. IAFC members are leading experts in firefighting,
emergency medical services, terrorism response, hazardous materials
incidents, wildland fire suppression, natural disasters, search and
rescue, and public-safety policy. Since 1873, the IAFC has provided a
forum for its members to exchange ideas, develop best practices,
participate in executive training, and discover diverse products and
services available to first responders.
America's fire and emergency services are the only organized group
of individuals who are locally situated, staffed, trained, and equipped
to respond to all types of emergencies. There are approximately 1.1
million men and women in the fire and emergency service--consisting of
approximately 300,000 career firefighters and 800,000 volunteer
firefighters--serving in over 30,000 fire departments around the
nation. They are trained to respond to all hazards ranging from
earthquakes, hurricanes, tornadoes, and floods to acts of terrorism,
hazardous materials incidents, technical rescues, fire, and medical
emergencies. America's fire and EMS personnel usually are the first on-
scene at an incident and the last to leave.
Every state in the nation can face the destruction and loss of a
major wildland fire. The year 2020 was one of the worst wildfire years
on record. Approximately 59,000 fires burned more than 10.1 million
acres. Overall, the cost of wildland fire suppression for the American
taxpayer continues to increase. In 1985, the U.S. Forest Service and
U.S. Department of Interior spent approximately $240 million on
wildland fire suppression. By 2020, these costs had escalated to
approximately $2.3 billion. These figures leave out state, tribal,
territorial, and local firefighting costs and the tragic loss of life
and private property caused by wildland fires.
The nation must focus on addressing the wildland fire problem,
especially for communities in the wildland-urban interface (WUI). This
task will require collaboration between federal, state, tribal,
territorial, and local governments along with the private sector and
the general public. Because of its support for states and local
communities through the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (P.L. 100-707), FEMA is an important partner
in the effort to address the wildland fire problem. FEMA specifically
can play a major role in mitigating wildland fires, preparing for
future fires, responding to these fires, and helping communities to
recover from them.
FEMA's Role in Mitigating Wildland Fires
FEMA's mitigation programs can play an important role in helping
communities prevent damage from wildland fires. To mitigate their risk,
communities must promote building codes to make structures fire
resistant; use prescribed burns and other forestry strategies and
remove hazardous fuels. FEMA's Building Resilient Infrastructure and
Communities (BRIC) program represents a $1 billion opportunity to
mitigate natural hazards, such as wildland fires. The BRIC program
funds efforts to adopt building codes and implement mitigation projects
that protect community lifelines. BRIC grantees are states, U.S.
territories, federally recognized tribal governments and Washington,
D.C., but local governments can be subapplicants. The BRIC grants have
supported programs to reduce the biomass and hazardous fuels in the WUI
and use it for electricity generation. In addition, it has funded
projects to support partnerships between local fire departments and
builders to adopt codes and guidelines to use fire-resistant materials
in designing roofs, exterior siding, doors, windows, decks, and other
housing components. By including a large amount of federal funding with
an opportunity for federal, state, local and private partners to work
together, the BRIC program represents a major new tool for mitigating
the threat of wildland fires. The IAFC thanks the subcommittee for its
leadership in creating the BRIC program.
There are challenges to mitigation that need to be addressed.
Legislation like the INVEST in America Act (H.R. 3684) and the Build
Back Better Act (H.R. 5376) would increase funding for the BRIC program
and forest management programs. However, there is a need to ensure that
proper planning is done on these projects. With the new focus on
mitigation, there is a need for greater technical assistance to address
issues like the National Environmental Policy Act review and associated
litigation. In addition, the national workforce shortage may create a
problem as jurisdictions across the nation all ramp up mitigation
projects at the same time.
To address these challenges, the nation must invest in building
capacity for mitigation efforts. It is important to educate the public
about mitigation practices and standardized practices. Also, the nation
must focus on continuing and maintaining projects in the WUI, not just
starting them. The IAFC also urges Congress to focus on using
collaboration between local fire departments; state and private
foresters; federal, state, tribal, territorial, and local elected
officials; the private sector and the public to build support for
mitigation as a discipline and longstanding effort to prevent wildland
fires.
FEMA's Role in Preparedness
FEMA's grant programs help local fire departments prepare for
wildland fires. Fire departments face several challenges in preparing
to respond to wildland fires. According to the National Fire Protection
Association's Fourth Needs Assessment of the U.S. Fire Service, 63% of
the surveyed fire departments provide wildland firefighting but have
not formally trained all of their personnel involved in wildland
firefighting.\1\ In addition, the COVID-19 pandemic has created
shortages of fire and EMS personnel and wildland fire training
opportunities. This problem especially affects the volunteer fire
service, where COVID-19 has restricted recruitment activities and
fundraising events. Volunteer fire departments are facing personnel
shortages due to COVID-19 because their volunteers may be in at-risk
categories, may be concerned about exposing their families to COVID-19,
or may be concerned that they will lose their jobs if they become ill.
Even career and combination fire departments have been unable to induct
new recruit classes into fire academies at the rate they need.
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\1\ Fourth Needs Assessment of the U.S. Fire Service, National Fire
Protection Association, November 2016, p. ix.
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In addition, fire departments are facing challenges with mutual aid
and COVID-19. To combat a wildland fire, it is important to get
firefighting resources on-scene as quickly as possible. Fire
departments rely upon their neighbors and intrastate--and even
interstate--resources to combat wildland fires. However, as COVID-19
has infected fire departments, fire personnel are unable to work due to
illness or quarantine. This reduces resources available for mutual aid.
In addition, some jurisdictions are unable to send resources in
response to mutual aid requests because they want to maintain staffing
at home in case of COVID-19 surges or they are concerned that their
personnel will be exposed to COVID-19 during mutual aid deployments. In
addition, the wildland fire year and hurricane season can both become
more severe at the end of summer and early in the fall, which means
that fire capabilities otherwise available for wildland fires may be
deployed for hurricane response. Federal wildland firefighters face
additional challenges like a pay cap that limits the time that they can
spend fighting fires in a year.
FEMA has important programs to help fire departments address these
challenges. The Assistance to Firefighters Grant (AFG) program and
Staffing for Adequate Fire and Emergency Response (SAFER) grants
provide peer-reviewed matching grants directly to local fire
departments. The AFG grants fund equipment, training, and fire
prevention programs which all can be used to prepare for wildland
fires. The SAFER grant program includes matching grants to hire career
firefighters and also funds recruitment and retention programs for
volunteer firefighters. We appreciate Congressional support for the AFG
and SAFER program during the pandemic, especially for including $100
million for the AFG program in the CARES Act (P.L. 116-136), and an
additional $200 million for the SAFER program and $100 million for the
AFG program in American Rescue Plan Act (P.L. 117-2). In addition, the
Emergency Management Performance Grants (EMPG) can be used to help
communities fund planning for wildland fires, including developing
evacuation plans.
The AFG's Fire Prevention and Safety grants also can fund community
preparedness programs. Local communities should take steps to mitigate
the risk of fires by removing hazardous fuels, promoting protective
areas around buildings, using fire-resistant building materials, and
planning for evacuations if necessary. The IAFC's Ready, Set, Go!
program provides a model program for community preparedness. The
program is a partnership with the U.S. Forest Service that promotes
wildfire awareness and preparedness in local communities; helps local
homeowners protect their homes and prepare for evacuation; and then
ensures that the local population can leave in time when a wildland
fire threatens. I ask that FEMA support programs like Ready, Set, Go!
in local communities.
FEMA also can take steps to improve mutual aid for local fire
departments. One of the greatest challenges that fire departments face
is the delayed reimbursement for interstate mutual aid deployments. The
reimbursement process can take a long time as the states and FEMA
negotiate reimbursement. Then the reimbursement must travel from the
state receiving FEMA assistance to the state that sent the fire
departments' resources, and then on to the local fire department. In
the interim, a local jurisdiction can wait years for reimbursement for
hundreds of thousands of dollars in costs from the mutual aid
deployment. The reimbursement process must be streamlined and more
transparent. The process should be fixed so that fire chiefs and local
jurisdictions can track their reimbursement requests through the
bureaucracy. In addition, basic costs should be standardized, including
the costs of common resources like volunteer firefighters.
In order to help order and track resources, the IAFC developed the
National Mutual Aid System (NMAS) as a proposed complement to the
national Emergency Management Assistance Compact (EMAC). NMAS will
allow a fire chief or state fire agency to identify required
firefighting resources within a state or in neighboring states, order
them, and then track them as they travel to the scene of the wildland
fire. This system will build surge capacity by making it easier to
identify and deploy the closest and most appropriate resources to a
wildland fire and get assets on-scene in a timely manner. A time-
effective response can bring a wildland fire under control faster and
reduce casualties and property damage.
The Fire Management Assistance Grant (FMAG) program is an important
tool that FEMA has for fighting wildland fires. The FMAG program funds
wildland firefighting activities with the purpose of preventing them
from becoming major disaster declarations. The FMAGs also promote
coordination between local authorities, state foresters and FEMA
regions to control a fire and reduce the damage that it can cause.
While FMAGs are important tools, there are opportunities to improve
them. The IAFC supports Representative Joe Neguse's Wildfire Recovery
Act (H.R. 1066), which would allow FEMA to set thresholds for raising
the federal cost-share for FMAGs. As we have seen recently, wildland
fires can destroy small towns in the WUI, which makes it difficult for
them to meet a 25% federal cost-share. If the federal government can
absorb more of the cost of the FMAG, it will allow those communities to
get back on their feet and start providing basic services to their
communities.
In addition, we ask that declared FMAGs be designed to cover the
footprint of the wildland fire. In 2020, the Evans Canyon Fire burned
into fire districts in both Kittitas County and its neighbor, Yakima
County. Unfortunately, FEMA determined that the fire damage in only
Yakima County warranted an FMAG declaration, which meant that agencies
like Kittitas Valley Fire and Rescue were not reimbursed for their
expenses. We ask that when an FMAG-declared fire covers more than one
jurisdiction, all affected jurisdictions be eligible to apply for
reimbursement.
FEMA's Resources for Recovery
After wildland fires strike, FEMA has several programs to help
local communities recover. Programs like the Individual Assistance and
Public Assistance programs help individual homeowners and local
governments survive and rebuild after a disaster. One program that I
would like to highlight is FEMA's Hazard Mitigation Grant Program
(HMGP) Post Fire. This program allows a state or territory to apply for
assistance after the first FMAG declaration of the fiscal year and the
opportunity closes six months after the close of that fiscal year. This
funding is extremely helpful for communities as they recover from
wildland fires. The post-fire grants allow communities to build erosion
barriers, re-seed land, and take other steps to prevent flooding after
wildland fires. The program also supports reforestation programs so
that areas burned by the fire can be rehabilitated to prevent further
damage. I thank the committee for creating this program.
I would like to highlight the need for FEMA to provide technical
assistance to communities as they navigate the Public Assistance
process. A small rural community in the WUI may not have the capability
to meet the paperwork requirements for requesting, managing, and
reporting on Public Assistance funding. In addition, there needs to be
some latitude in some of the Public Assistance requirements. For
example, it may not make sense to rebuild a fire station in the exact
same location where it was gutted by a wildland fire.
I thank the committee for allowing me to discuss FEMA programs'
roles in addressing the nation's wildland fire problem. The threat of
wildland fires is growing across the nation and the costs of responding
to these fires in dollars, property lost, and casualties is increasing.
FEMA is a vital partner in addressing the threat of meeting this
challenge. FEMA programs like the BRIC program can be used to mitigate
the threat of fires. The AFG, SAFER, and EMPG grants can help
communities prepare for wildland fires by developing training and
planning and paying for equipment and staffing. The FMAG program is a
helpful tool in funding wildland fire response and promoting
coordination between federal, state, tribal, territorial, and local
partners. Finally, FEMA's recovery programs, like the HMGP Post Fire,
can help communities prevent further damage and start to rebuild after
a wildland fire. It is important that federal, state, tribal,
territorial, and local governments work with the private sector and
general public to address this growing threat. The IAFC looks forward
to working with the committee to improve this collaboration.
Ms. Titus. Thank you, Mr. Elliott.
Our last witness is Ms. Hatcher, and I understand Mr.
LaMalfa would like to introduce Ms. Hatcher.
You will be recognized. Thank you.
Mr. LaMalfa. Thank you, Madam Chair Titus.
We are delighted to have today with us Casey Hatcher, who
has the opportunity to speak with us today about the various
issues she has run into as the deputy, chief administrative
officer for Butte County in my district in northern California.
She joined Butte County in 2011 as a member of the Economic
Development Unit, has worked in some shape or form on disaster
recovery since the 2008 California wildfires, including the
county's Emergency Operation Center and the disasters that
affected Butte County since the 2017 Oroville Dam spillway
incident; the 2017 Wall fire, Ponderosa fire, LaPorte fire, and
Cherokee fire; the 2018 Camp fire; the 2020 North Complex fire;
and, most recently, the million-acre 2021 Dixie fire.
She has a wealth of knowledge about these wildfires and
their response needs and how they impact county governments,
and I know she is eager to speak with all of us about this
today. And she has been a delight to work with and effective in
helping the recovery for all these disasters that we face in
northern California. I appreciate her insight today.
Thank you, Madam Chair.
Ms. Titus. Thank you, Mr. LaMalfa.
Ms. Hatcher, you can go ahead.
Ms. Hatcher. Good morning, Chair Titus and Ranking Member
Webster and members of the subcommittee.
And thank you, Congressman LaMalfa, for the introduction.
I appreciate your time today.
As deputy, chief administrative officer, as Congressman
LaMalfa mentioned, I serve as the Camp fire recovery director
for Butte County. Butte is a suburban county in northern
California with just under 210,000 residents. We are located
west of the Sierra Nevada Mountain Range, and a significant
portion of our county is in areas at risk for wildfires.
As Congressman LaMalfa mentioned, we are no stranger to
disasters. In just the last 5 years, we have experienced 12
disasters. Seven have Federal declaration. This includes the
2018 Camp fire, the most deadly and destructive wildfire in
California history.
Our county knows that FEMA assistance is critical for local
governments when recovering from disasters. We simply could not
do it alone. But it appears that the Stafford Act and FEMA are
designed more to serve areas prone to disasters like
hurricanes, storms, and floods than wildfires. But as the
severity and frequency of wildfires increases, the Stafford Act
and FEMA must change to better address these types of
disasters.
I will walk through a few examples today that highlight
what we have seen in recent wildfires in our county.
Housing is critical after a wildfire. Homes are destroyed,
and then residents cannot live back in the burn area until
debris removal is complete. Butte County lost 14 percent of its
housing stock in the 2018 Camp fire.
FEMA approved direct housing assistance, but it took 9
months before an official FEMA housing group site was ready
with manufactured housing units. In the meantime, fire
survivors lived in hotels, tents, trailers, slept in parks, or
moved from place to place. So much time lapsed that many people
waiting for FEMA housing moved from the area and resettled
permanently.
FEMA tried to place housing units back on individual
properties, which could have been a little faster. But, by its
own requirements, no one could live temporarily on the property
until the toxic debris was removed, which took about a year.
Additionally, the units didn't meet the building code to be
placed in the wildland-urban interface--you have talked about
this as the ``WUI''--because they didn't meet fire standards.
This also prevented the 600-plus manufactured housing units
that ultimately ended up in the FEMA group sites from being
sold to fire survivors as permanent housing solutions.
It appears the housing units FEMA has are most often used
in areas after storms and floods, and when we asked about
getting WUI-compliant units, we were told they simply didn't
have any in the system.
Moving on to debris removal, this is a critical step after
a wildfire because it literally clears the way for rebuilding.
Butte County advocated for almost a year for a debris removal
program for burnt hazardous trees. The program was ultimately
approved. It included trees that could fall into the roadway
and harm the public but not trees that pose an increased risk
to become fuel for future fires. Standing burnt trees can make
future fires worse and should be eligible for debris removal.
A unique factor of wildfires is they often burn on national
forest land. However, Forest Service land cannot be included in
debris removal programs funded by FEMA, and sometimes the
Forest Service is uninterested or unable to remove the debris
or trees on its own. This leaves burnt hazardous trees along
the roadway as fuel for future fires.
This happened in the Camp fire. This happened in the 2020
North Complex fire in Butte County. But it will be a more
significant issue for the 2021 fires, like the Caldor fire that
burned near Lake Tahoe in California.
Debris removal efforts after fires in our county put
hundreds of heavily loaded trucks on roads not constructed for
that type of traffic. FEMA was reluctant to approve permanent
work for road repairs and wanted to shift those costs to the
contractors who performed debris removal or to the private
utility companies that had been in the area restoring services
after the fire. This really left Butte County fighting for
assistance to repair crumbled roads.
After the 2020 North Complex fires, we estimate $35 million
is needed to pay the local share of costs for road repairs and
repairs that were denied by FEMA. And that is on top of $47
million in unmet road repair needs after the 2018 Camp fire
just 2 years earlier. This is more than our typical annual road
budget in total.
Local governments lack adequate funds for infrastructure
normally and cannot stretch those local funds to repair roads
after a major disaster.
I highlighted a few examples for you today, but there are
many more in the written testimony. And I am happy to answer
any questions from the subcommittee. Thank you for your time,
and thank you for considering the topic today and your focus on
emergency management.
[Ms. Hatcher's prepared statement follows:]
Prepared Statement of Casey Hatcher, Deputy, Chief Administrative
Officer, Butte County, California
Chair Titus, Ranking Member Webster, and Members of the
Subcommittee:
Thank you for the opportunity to share Butte County's observations
and experiences working with the Federal Emergency Management Agency
(FEMA) and its programs on natural disasters and events related to
wildfires. Butte County is located in northern California approximately
90 miles north of Sacramento with a western boundary of the Sacramento
River and an eastern boundary of the Sierra Nevada Mountains. The
majority of the County's approximately 209,000 residents live in five
incorporated towns or cities. The rest of our citizens live in small,
unincorporated rural communities. The County encompasses 1,636 square
miles of terrain with an elevation that spans from 90 to 7,800 feet
above sea level, making our geography incredibly diverse. Over half the
County's land is within a moderate, high, or very high fire severity
zone as designated by the State of California. The eastern-most
portions of the County are within the Plumas and Lassen National
Forests.
Unfortunately, Butte County is no stranger to disasters. In the
last five years alone, the County experienced twelve natural disasters,
including seven federally declared disasters. Currently, Butte County
is actively managing four disasters including three with federal
declarations.
In 2018, the Camp Fire struck Butte County and became the most
deadly and devastating wildfire in California's history, burning for 17
days, destroying 154,000 acres of public and private property, over
14,000 homes, and 5,000 businesses and other structures. The fire
forced the evacuation of more than 52,000 residents, injured 17 people
including 5 firefighters, and claimed 85 lives.
In 2020, California experienced its worst fire season on record as
fires burned across the entire State. Again, Butte County was the site
of the most deadly and destructive fire of the season, the North
Complex Fire. The fire started in Plumas County and burned into Butte
County more than three weeks later destroying 2,300 structures,
including over 1,500 homes, burning approximately 125,000 acres in
Butte County, and claiming 16 lives.
In 2021, the historic Dixie Fire, which started in Butte County,
burned into four other counties destroying 1,329 structures and
claiming one life. The Dixie Fire burned nearly one million acres
across northern California to become the largest single wildfire in
California's history.
These wildfires, along with other federally declared disasters
pertaining to drought and flooding, have tested the limits of disaster
response not only at the local County level, but at the state, and
federal level as well.
I have experience in Butte County's Emergency Operations Center in
response to numerous wildfires over the last decade. I currently
function as the Camp Fire Recovery Director and have been in this role
since shortly after the 2018 Camp Fire. The County still maintains a
Disaster Recovery Operation structure in response to the 2018 Camp Fire
and I work directly with FEMA staff in the ongoing recovery effort. My
testimony is focused on disaster recovery after the 2018 Camp Fire and
the 2020 North Complex Fire in Butte County as that is my recent,
direct experience with disaster response and recovery related to
wildfires.
FEMA assistance is critical for local governments in response and
recovery from disasters. The assistance provided to California counties
by the State of California through its Governor's Office of Emergency
Services and other State agencies is also vital. Butte County simply
cannot support the response and recovery from recent wildfires without
the support of the State of California and the federal government
through FEMA and other federal agencies.
The Stafford Act and FEMA are intended to assist areas prone to
disasters, in particular disasters related to hurricanes, storms, and
floods. However, as the severity of wildfire disasters increases, there
is tremendous opportunity for the Stafford Act, FEMA, and other federal
agencies to change in a way that better serves the specific needs of
communities before and after wildfires. I have outlined some of those
opportunities in this testimony, including changes to FEMA Individual
Assistance and Public Assistance. Now is the time to learn from recent
wildfire disasters and update the federal approach to disaster
prevention, response, and recovery in wildfire-prone communities.
Individual Assistance After a Wildfire
1. Eligibility for Individual Assistance
Disaster survivors must document residency to be eligible for
Individual Assistance from FEMA. However, prior to a disaster, some
residents can be precariously housed, nearly homeless, or living in
non-traditional household settings, such as multiple families living
together. Residents who were living with family or friends but not on
the official lease, or families living in homes left by deceased family
members who never officially completed the property transfer, could not
prove residency after being displaced by the 2018 Camp. These
individuals and families were left homeless after the fire. These
families and individuals often have the greatest need for resources
after a disaster. Yet they cannot qualify for assistance because they
cannot prove residency in the disaster area. The Stafford Act should be
amended to clarify eligibility for FEMA Individual Assistance to
disaster survivors who lack clear documentation of residency. This
would create an opportunity to assist individuals who are often the
most desperate after a disaster, preventing disaster homelessness and
creating a path toward recovery for underserved families and
individuals.
2. Direct Housing Assistance after a Wildfire
FEMA provides direct housing assistance to eligible disaster
survivors through its Individuals and Households Program. The 2018 Camp
Fire burned nearly 14,000 residences, approximately 14 percent of the
County's entire housing stock. FEMA approved direct housing assistance
including the construction of FEMA group sites where fire survivors
lived in manufactured housing units or travel trailers. Yet, it took
more than nine months after the Camp Fire before the first official
group site was ready for fire survivors. In the meantime, fire
survivors lived in hotels, tents and trailers, or moved from place to
place. So much time lapsed before FEMA group sites were available that
the 1,200 eligible households indicating a need for housing dropped to
680 as people moved from the area and many resettled permanently. FEMA
has an opportunity to work with states and local governments to
identify ways to construct temporary housing sites more quickly after a
wildfire.
The FEMA manufactured housing units can be set up on individual
properties to eliminate the need for large group sites. However, the
housing units used for the 2018 Camp Fire survivors did not meet the
California building codes for fire safety and could not be placed into
the Camp Fire burn scar, which is located in the Wildland Urban
Interface (WUI). This also prevented the units occupied by Camp Fire
survivors at the FEMA group sites from being sold to those families as
a permanent housing solution. At the time, County staff inquired about
getting WUI compliant units and were told they did not exist within the
FEMA system. It appears the FEMA housing model is directed more toward
flood-prone areas and not areas prone to wildfires. Providing
manufactured housing units that comply with fire safety measures that
can be placed temporarily and permanently in the WUI is critical to
providing housing assistance after a wildfire.
3. Disaster Case Management after a Wildfire
Immediate Disaster Case Management (IDCM) may be approved by FEMA
to assist disaster survivors. IDCM was approved after the 2018 Camp
Fire for 90 days, but this short period did not meet the needs of fire
survivors. Wildfires can have a long response period. Fires may burn
for weeks and communities may be under evacuation even longer while
areas are made safe to repopulate. For example, areas burned by the
2018 Camp Fire were evacuated for over a month. Additionally, owners
with debris from burned structures cannot return to the property to
live in temporary housing until the debris is removed and the property
is certified clean. The California Governor's Office of Emergency
Services completed the structural debris removal approximately one year
after the Camp Fire, which eventually created an opportunity for owners
to return to their properties to live in temporary housing while
rebuilding. IDCM is needed while fire survivors navigate the near-term
steps in recovery. Ideally, a smooth transition would exist between
IDCM and the Disaster Case Management Program (DCMP). Unfortunately,
what occurred after the 2018 Camp Fire was an abrupt gap in case
management support for fire survivors with no transition and then a
wait for another case manager through the DCMP. Wildfire disasters
often lead to hurried, traumatic evacuation experiences followed by the
complete destruction of a home. This layered trauma is exacerbated when
recovery services like IDCM and the DCMP are difficult to navigate.
The formula for determining how many case managers are needed for a
DCMP does not appear to adequately serve disaster survivors after a
wildfire. Just over 8,300 households requested support in their
recovery after the 2018 Camp Fire, yet the County was allotted only 15
DCMP case managers. Eventually, an additional eight case managers were
approved to serve fire survivors, but the caseloads still remained
overwhelming. Butte County eventually entered into an agreement using
AmeriCorps volunteers who served 1,200 Camp Fire survivors who had been
on a waiting list for over one year. The County's program added an
additional 52 case managers to meet the demand for recovery support.
Navigating disaster recovery is challenging even for resilient
survivors with financial resources. Wildfires often burn through rural,
disadvantaged communities where many fire survivors need additional
support for recovery. Providing reliable, coordinated case management
for wildfire survivors is critical to rebuilding these rural
communities. FEMA has an opportunity to coordinate with State and local
governments to understand the types of communities most often
devastated by wildfires and design case management programs to support
for those disaster survivors.
Public Assistance After a Wildfire
1. Reimbursement for Consecutive Disasters
When communities, such as Butte County, experience consecutive
major natural disasters, resources become strained, not only within the
local government, but within the community at large. This limits the
ability to respond to and recover from the immediate disasters as well
as any future disasters. Congress has an opportunity to amend the
Stafford Act to increase the federal reimbursement rate to 90 percent
for disasters occurring to the same region in consecutive years. This
additional reimbursement substantially increases the ability of the
local government and the community to respond and recover from all the
disasters.
2. Timelines for Submitting Claims for Reimbursement
Rural and suburban local governments often have limited emergency
management staff to navigate the sophisticated process of receiving
FEMA public assistance for emergency and permanent work. Local
governments typically divert existing staff from their work serving
local residents or hire temporary disaster workers to document and
submit expenses for reimbursement. For example, Butte County had just
90 days from its scoping meeting to complete this work for the
emergency protective measures after the 2020 North Complex Fire. FEMA
has an opportunity to amend the Public Assistance Program and Policy
Guide to account for the unique nature of wildfires, which may burn for
weeks, causing lengthy evacuations and requiring mutual aid resources
from hundreds of jurisdictions as areas are made safe for repopulation
and recovery.
3. Debris Removal after a Wildfire
Debris removal activities, such as clearance, removal, and
disposal, are eligible activities according to FEMA's Public Assistance
Program and Policy Guide. Debris removal is critical after a wildfire
because the debris from burned structures contains toxic materials and
must be removed and properly disposed. Additionally, burnt hazardous
trees pose a risk of falling and becoming fuel for future fires. The
removal of burnt hazardous trees was not initially included in the
authorized debris removal activities after the 2018 Camp Fire. It took
nearly one year after the fire for FEMA to approve a program to remove
burnt hazardous trees. Now, removal or structural ash and debris, along
with burnt hazardous trees, are often approved together for wildfires.
It is encouraging to see FEMA learn the unique needs of wildfire
disasters in this case.
Another opportunity to address debris removal after a wildfire
disaster is to make eligible the removal of burnt hazardous trees that
pose an increased risk to become fuel for future fires. Standing burnt
trees exacerbate future fires by precipitating spotting where segments
of branches can break off and fly into the convection column and cast
embers, essentially making the trees act like Roman Candle. The embers
from the standing burnt trees can be carried miles away, which is
exactly what happened in the 2018 Camp Fire. The heavy fuel loading of
fallen, dead trees can lead to extreme fire behavior in future fires as
grass, brush, and conifer reproduction begins to grow in between the
fallen, dead trees.
Debris removal is often a critical first step toward recovery for
local residents and communities. FEMA requires debris removal be in the
public's interest to be eligible for reimbursement. A Health Officer
must declare a local health emergency finding that debris removal is
necessary to reduce a threat to public health and safety. This
emergency must stay in place while debris removal activities are
completed. Debris removal after a wildfire can take months, yet the
local health emergency must be renewed every 30 days. If the local
health emergency lapses, debris removal activities become ineligible.
This timing can be difficult for small jurisdictions where governing
bodies often do not meet every week or even every two weeks. FEMA has
an opportunity to assist local governments by reducing administrative
hurdles and increasing the timeframe for renewing the local health
emergency.
4. Debris Removal in National Forests
A local health emergency finding that debris removal is necessary
to reduce a threat to public health and safety becomes the basis for a
local ordinance requiring private property owners to properly remove
and dispose of debris after a wildfire. Local ordinances apply to
privately owned property, but do not apply to state and federally owned
land including National Forests. Significant opportunities exist for
FEMA and the United States Forest Service to coordinate and ensure
burnt hazardous trees in National Forests are removed so they do not
present a danger to the public. Unfortunately, FEMA does not currently
allow USFS property to be eligible for debris removal activities even
when the trees are in a local government right-of-way. Land in National
Forests burned in both the 2018 Camp Fire and the 2020 North Complex
Fire in Butte County, leaving thousands of burnt hazardous trees along
the roadways. Numerous fires in 2021 including the Dixie and Caldor
Fires burned in National Forests as well and will face the same issue
if it is not resolved.
5. Permanent Work
Public infrastructure may be damaged or destroyed in a wildfire and
is eligible for permanent repairs funded by FEMA Public Assistance.
While building back a public facility destroyed in a fire may be
relatively straight forward, recovering other types of infrastructure
is more challenging. Specifically, permanent infrastructure, such as
roads and bridges, can be further damaged during portions of the
recovery and restoration effort, and for extended periods of time, even
years. Debris removal efforts after the 2018 Camp Fire and the 2020
North Complex Fire put hundreds of heavily loaded trucks on roads not
constructed for that type of truck traffic over a sustained about of
time. Debris removal after a wildfire often takes place during the wet
winter and spring months that follow fire season, which exacerbates the
damaged causes by heavy truck traffic. Roads simply crumble under these
circumstances. Additionally, private utilities traveled through the
area restoring power, telecommunications, and water service to
destroyed areas. The damages from these routine recovery efforts for
debris removal should be considered when FEMA assesses a road for
permanent recovery work so the road can be returned to pre-disaster
conditions.
After the 2020 North Complex Fire, FEMA was reluctant to approve
permanent work for road repairs and wanted to shift those costs to the
contractors who performed debris removal or to the private utility
companies restoring services to the area. This left Butte County
fighting for assistance to repair crumbled roads. Butte County
estimates $35.5 million is needed to pay the local share of costs for
road repairs and for repairs that were denied by FEMA. That $35.5 is on
top of $46.6 million in unmet road repair needs or local costs after
the 2018 Camp Fire. Disaster upon disaster in Butte County is creating
an infrastructure repair problem that could take decades to address
even with adequate funding. If roads are left in disrepair after a
disaster, it causes generational impacts to the infrastructure as local
governments lack the adequate local funds for road repair and
maintenance to address the disaster and recovery repairs while still
maintaining the rest of the road system throughout the jurisdictions.
Traditional infrastructure funding is not designed to fix disaster
damage. FEMA should fund permanent work to return infrastructure to
pre-disaster conditions.
I have outlined numerous opportunities to update the Stafford Act
and FEMA's Public Assistance Program and Policy Guide to more fully
address wildfires as these types of national disasters increase in
frequency and severity. State and local governments are a partner to
FEMA in this effort and together we can frame the best practice
guidelines for assisting communities before and after wildfires.
Thank you for this opportunity to testify before the Subcommittee.
Ms. Titus. Well, thank you, Ms. Hatcher.
This testimony has been very helpful.
We will now move on to Members' questions. Each Member will
be recognized for 5 minutes. And I will start by recognizing
the full committee chair, Mr. DeFazio.
Mr. DeFazio. Thanks, Madam Chair.
There is a pattern here, and particularly, I mean, first
raised by Andrew Phelps, about how FEMA really looks at these
disasters, as he says, ``through the lens of hurricanes and
floods but could be properly adjusted to meet the ever-growing
wildfire threat with some modest adjustments.'' And that is a
theme. We heard about housing units that weren't fireproof, et
cetera, et cetera.
So, if everybody could come up with one or two things that
you think--and state it briefly--that should be changed that
would orient FEMA more toward fires, fire recovery, and
mitigation of pre-fire, that would be helpful to me.
I am trying to kind of--this agency must have more acronyms
than any other agency in the Federal Government, so I have no
idea how to keep up with them. But if you can be specific, that
will be great.
Andrew, why don't we start with you.
Mr. Phelps. Thank you, Chairwoman Titus, Chairman DeFazio.
Well, let's call out maybe some of the references in the
PAPPG, another acronym, the Public Assistance Program and
Policy Guidance. I would recommend, a quick change or a really
impactful change would be how we view hazard trees.
By FEMA's definition, hazard trees are those that have a
split trunk, broken canopy, or are leaning at an angle of over
30 degrees. That is not the kind of damage you see to trees in
wildfires. Very often, wildfire trees will look perfectly
healthy on the outside and take a skilled arborist to make that
determination as to whether or not a tree can survive for
months or years after a fire.
Looking at how we handle private-property debris or
commercial debris removal, what constitutes a damaged concrete
slab--there are some nuances that we find after a fire burns
through an area that cause damage that may be repairable after
a hurricane or may be more obvious after a hurricane or a flood
but just needs much greater consideration following a wildfire.
Mr. DeFazio. OK.
Kacey, do you have some thoughts on this? I----
Ms. KC. Yes.
Mr. DeFazio [continuing]. Saw you nodding your head.
Ms. KC. Thank you.
I think the first one that pops up for me--this was a great
discussion. I think one of the big ones is working with
experts. It requires that local government, State government,
Federal Government, all of us, work together--emergency
managers, State forestry agencies.
Restoration and reparation after fires--in communities, it
looks very similar to other issues, other floods and other
disasters in some ways. In some ways, it doesn't. And so, we
need to set the standards to make sure that wildfire criteria
are looked at, those things that happen after fires.
But when you are looking at ecosystems, too, we have to
timely remove those trees if we are going to get any funding--
or get any money back from, say, the timber that could be sold.
We have to have markets to sell that timber. The current rate
of wildfire destruction in the Western United States, we don't
have a market for the timber that is coming off for normal
projects, let alone the mega-fires and giga-fires, or whatever
they are calling them today, that we are seeing.
And so, we need to work together to look at all the
criteria on how all these funds would be applied for wildfire
mitigation and precalculated benefits so that we can get this
money out there quickly to the ground.
Mr. DeFazio. OK.
Anybody else want to volunteer on this?
Mr. Elliott. Yeah. This is Rich Elliott on behalf of the
IAFC.
I would say the reimbursement process. We view the IAFC
members and local governments as a surge capacity, working with
the States and the Federal partners on medium-size incidents.
And if we can do this correctly, a lot of times we can keep
those small or medium-size incidents from becoming these large,
complex fires with multimillion-dollar price tags attached to
them.
And whether it is through the NMAS process or just
transparency or just a guarantee that, hey, this is when the
payments will come out, it would make the local governments a
little bit more willing to, sort of, lean forward and help the
neighbors, and, overall, the suppression cost would be reduced.
So, thank you.
Mr. DeFazio. Great.
Ms. Hatcher?
Ms. Hatcher. Thank you, Chair DeFazio, for the question.
I concur with everything that was mentioned by the other
witnesses and would just add that it is important to focus on
the people affected by wildfires and displaced by these large
disasters that are now occurring, and a focus on housing and
looking at the eligibility of people who can receive housing,
which I mention in my written testimony, and the type of
housing units and the way they are deployed. Unlike areas
affected by floods and storms, it is very difficult to deploy
large housing sites in wildfire areas, particularly close to
burn scars.
So, a focus on housing, I think, is really critical.
Mr. DeFazio. OK. Yeah. I saw that, in your county, they
brought in these units that cost $325,000 each. I don't know,
they must have been pretty nice. But they didn't have the
proper siding or any kind of fireproofing, right?
Ms. Hatcher. I think it is just not typical that they are
deployed for wildfires. I think they are used for floods and
hurricanes and storms. And so, what was so unfortunate is they
couldn't be placed inside the burn scar. So, they couldn't go
back on lots as temporary housing to be there for any number of
fire seasons, and then they couldn't be placed there
permanently.
I think that seems like a pretty simple fix, potentially,
understanding the diversity in States for building codes and
the ability to make them hardier against wildfires if that is
where they are going to be placed, either temporarily or
permanently.
Mr. DeFazio. Yes. That is definitely something we are going
to have to follow up on. The committee will need to follow up
with the leadership at FEMA in terms of developing units that
are suitable for areas that are fire-prone versus flood- or
hurricane-prone. Very different kinds of needs.
And I just--the price tag seems to me a bit exorbitant,
knowing we make very nice manufactured homes in Oregon, and
also I think we need to delve into that too. It seems very
high, particularly for one that isn't suitable for replacement
in that area.
So, thanks, everybody. I appreciate your suggestions and
look forward to working with you on that.
With that, I yield back the balance of my time, Madam
Chair.
Ms. Titus. Thank you, Mr. Chairman.
I now recognize Mr. Webster, our ranking member.
Mr. Webster. Thank you, Chair Titus.
Deputy Hatcher, you highlight challenges of FEMA's
deadlines for submitting for reimbursement and so forth. We
have run into that in hurricanes too. We have had some problems
with the timeline being too short or sometimes being too long
and things happening in the occurrence of those events that--
actually, in some cases, flooding. The flood doesn't come until
maybe 30 days after the event because the water is building.
So, anyway, how does that impact your ability to respond to
recovery activities and balance that with paperwork?
Ms. Hatcher. Thank you for the question, Ranking Member
Webster. I suspect this is not just a problem for wildfires
but, as you mentioned, in a State like yours, is also an issue
with storms, floods, and hurricanes.
The unique factor that wildfires have is that the length of
the fire can be prolonged, and then the area can be evacuated
for a significant period of time. After the Camp fire, the area
was evacuated for over a month before people could even go back
to view properties, get in to have FEMA do inspections, have
their insurance companies do inspections. So, the timelines for
those types of disasters can be quite different.
I think the PAPPG, as Mr. Phelps mentioned, the guidelines
that FEMA follows to operationalize these programs, should take
into consideration the uniqueness of the disaster when
establishing the administrative timelines, essentially, for
submitting for reimbursement.
And we had a very short timeline after the 2020 North
Complex fire. Luckily, we were a bit of a well-oiled machine
because we had just done it for the 2018 Camp fire. Otherwise,
we simply would not have been able to meet that timeline and
would have compromised local reimbursement.
We have a lot of experience, unfortunately, but I am
thinking of other rural communities who might experience a
wildfire and not be prepared with administrative staff or that
type of opportunity to meet those deadlines. So, I think FEMA
really needs to look at them more on a disaster-by-disaster
basis.
Mr. Webster. OK. So, do you think it should be a more
flexible timeframe that is permitted under each of these
scenarios, the ones you talked about, the one I talked about?
Ms. Hatcher. Yes. I think that, while they want to put in
place a standard, not every disaster is the same, so something
more flexible would help local communities respond.
Mr. Webster. You also mentioned in your testimony about
heavy equipment, trucks, I think, and other things to move,
probably to move things out of the way or whatever needs to be
done, but the roads that are there aren't designed to take the
heavy load.
Give a little bit more about what complicates that when you
go for reimbursement and so forth when maybe somebody is trying
to charge you for those damages?
Ms. Hatcher. When a fire burns through an area, it can
often scorch the pavement and damage the road, and those
repairs need to be made. But what often exacerbates the damage
to the roads is the emergency response and then the recovery
associated with debris removal from structures, debris removal
from trees, restoration of utilities in the area, the
firefight. There is a lot of damage on these local roads that
really are not rated for that type of truck traffic.
And we saw this really significantly in the 2020 North
Complex fire, where FEMA pushed back significantly on those
road repairs. They wanted to shift that responsibility
elsewhere. And the county simply doesn't have a mechanism to
collect those funds from other places for road repairs. You
know, FEMA's Public Assistance funding is designed for this
permanent type of work, for road repairs.
And we found ourselves really in a constant battle with
FEMA over this issue. And you kind of are left in this
adversarial relationship with FEMA that feels like they don't
understand the community and that maybe you are going to be
left with generational damages to your roads, because there
simply aren't local funds to fix them.
Mr. Webster. Yes. So, were they trying to charge you, or
were they trying to charge maybe a contractor that was hired to
do some of the heavy equipment movement of materials and so
forth? What was going on?
Ms. Hatcher. That is right. They indicated that we should
have it in the contracts with the debris removal contractors
that they should restore the roads. But that was not included
in the contracts the State had with the contractors, and there
was really no mechanism for them to repair the roads.
That is not a situation we have ever seen before. Perhaps
that has worked in other disasters, but not any that we have
heard of. So, they were trying to essentially transfer the
responsibility with no real ability to do it, which essentially
means that the road doesn't get repaired.
Mr. Webster. Thank you very much.
I yield back.
Ms. Titus. Thank you.
Ms. Norton? I recognize Ms. Norton.
Ms. Norton. Thank you, Madam Chair.
My first question is for Mr. Phelps of the Oregon Office of
Emergency Management.
Mr. Phelps, disaster survivors have found that the so-
called IHP application--Individuals and Households Program--
which is FEMA's primary program for home repair, property
displacement, and rental assistance--they found this
application to be overwhelming and even confusing.
This process is especially inaccessible to low-income
individuals and those who live in mobile homes or on land they
do not own.
What recommendation would you propose for streamlining the
IHP application process and ensuring that low-income survivors
can obtain access to disaster relief?
Mr. Phelps. Thank you for that, Representative. As we have
heard a little bit this morning, disaster recovery really needs
to be survivor-centric.
FEMA has made some improvements based on lessons they have
observed on our wildfire disasters. They have lowered some of
the barriers to proving residency or home ownership
documentation, going down to as far as self-attestation. That
is a great step in the right direction.
But we need to step away from this notion that, when we are
trying to offer assistance to survivors, the first thing we are
trying to do is prevent fraud, the second thing we are trying
to do is prevent an IG investigation, and then the third thing
we are trying to do is help survivors. Survivors and helping
survivors needs to be at the front end of every decision that
is being made.
One of the other successes that we had here in Oregon was a
reengagement with disaster survivors. Those folks that received
a denial letter early on, several months later FEMA came back
and met with those folks and said, OK, what were the barriers,
why were you denied, and what can we provide in terms of
assistance to help you navigate these processes?
That resulted in many millions of dollars that disaster
survivors in Oregon were entitled to being paid out that
wouldn't have otherwise been paid out had they not done that
reengagement.
So, the second bite at the apple, as it were, for disaster
survivors is important, but we need to ensure that FEMA is
proactively leaning forward, working with the States and local
communities to provide that assistance.
Anything that we can do to lower barriers to assistance
must be done. There are many Federal programs that offer
various assistance to folks during disasters, during blue-sky
days. We should do an audit of all of those programs, see what
those lowest barriers are to assistance, and apply those to
disaster scenarios, because this is a time when folks can least
afford to navigate complex bureaucracies and when they need the
help the most.
Ms. Norton. Thank you.
Ms. KC, your testimony notes that FMAG eligibility will
vary for the same community from year to year, even though the
community is experiencing the same threats to human lives and
property.
Could you describe the impact to your State's emergency
management planning as a result of the fluctuation in FMAG
eligibility?
Ms. KC. Thank you for the question, Ms. Norton. This is
Kacey KC again.
Yes, it tends to vary. I am not sure--we look at the
criteria for a qualifying FMAG experience. I am sure that there
are limited funds. Obviously, all of us--and when we are
competing with, let's say, California or Oregon in 2019, in
those years where there is devastation and large fires
everywhere, with a lot of homes and properties being threatened
and/or lost, that might be part of the reason. But that upfront
would help us to understand when we are applying.
This particular instance we are talking about is a
community within Nevada that has been impacted by wildfire and
evacuated for wildfire 3 of the last 5 years and has seen loss
to both homes and structures and infrastructure in the
community.
I think it is really critically important--Chairwoman Titus
brought it up earlier--that we remember, too, when we are
looking at the increase to these fires across the State, there
are huge impacts to the mental health of the people who are
continuously being evacuated. This is the third time those
folks have been evacuated, and this continues to impact them in
different ways.
So, we need to look at how this is applied, because, again,
going back to the FMAG for the payment--you know, the whole
purpose of an FMAG in general is to help assist local
government and State government response to these fires. It is
critical. The States and local governments don't have the
funding for the increased fires across our lands. And we do
have to ensure that we have the closest available resources
available to fire, regardless of the patch or the type of fire
department we work for.
So, I think those things are critical. And maybe just
understanding right upfront--the criteria are out there for
FMAG applications, but when they are in times of crunch or
there is a high need for the FMAG, what are they then looking
at to rank the States and the projects that are being applied
for.
Ms. Norton. Thank you.
My time has expired.
Ms. Titus. Thank you.
We will now go to Mr. Gimenez.
Mr. Gimenez. Thank you, Madam Chair.
And, Chief Elliott, I don't know if you know, but I was a
former fire chief for the city of Miami, so we are both
firefighters. And I know that the best way to deal with fires
is to prevent them, right, not even have them. So, I know that
FEMA has issues with reimbursement and the housing stock and
all that, and other people are going to be talking about that.
I am going to be talking about how to prevent these devastating
forest fires.
And so, fire needs three things: It needs an ignition
source, and it needs oxygen, and it needs fuel. The ignition
source, sometimes we can control it, sometimes we can't.
Oxygen, it is in the air, nothing you can do about that. But
the fuel you can do something about.
Are there some restrictions on the ability--and this also
could be answered by Ms. KC--on the ability to manage forests
and the fuel load of those forests so that, once a fire
actually starts, the severity of those fires can be diminished?
Are there some restrictions on your ability to do that?
Mr. Elliott. Absolutely. And some of them have been
referenced both directly and indirectly.
The ability to sort of process the biomass on our public
and private lands doesn't exist in a lot of communities. And I
would defer--I have been down to the State of Florida and the
State of Georgia and watched their--they have very active land
management programs, and their forests are generally healthy
and somewhat resistant to very complex and damaging fires. You
come up to the Northwest, where you think there would be
forests, and we don't do the job that we should be doing.
And I think that is true in a lot of communities, in a lot
of States, that, for a lot of different reasons, probably from
a whole bunch of different perspectives, we have degraded our
ability to manage the lands in a way that is healthy for the
next generation.
And that leads to clogged fuels. Whether it is prescribed
fire, whether it is some grazing, appropriate logging, those
type of things, a lot of those activities have been curtailed
or made very difficult. And, therefore, the land is ripe for a
very catastrophic fire that does a lot of damage.
Mr. Gimenez. So, would you say that that is a lack of
resources, money? Or is it regulations that kind of tie your
hands?
Mr. Elliott. In my experience, it is a combination of both
of those. And, yes, the regulations make it difficult and maybe
are driving the fact that there isn't infrastructure in terms
of private industry and a business to process those products
coming off the land. And so, I think it is probably a
combination of both of those.
And we need to look holistically at the health of our--it
is not only the forests. It is the grasslands; it is the
shrubsteppe. We have done some things wrong for 110 years, very
well-intentioned, and we probably need to change the narrative
a little bit over the next couple of decades.
Mr. Gimenez. Fair enough.
Would it be fair to say that, if we actually invested more
money in prevention, we could be saving a heck of a lot of
money in after-the-fact mitigation and all the money that we
have to spend after the big forest fire? Is that fair to say?
Is that an accurate statement?
Mr. Elliott. I think preparedness, mitigation, and
prevention all end up saving you money on the backside, yes,
absolutely.
Mr. Gimenez. Yes. In relation to what you said about
Florida, Georgia, et cetera, I know that, in Florida, we had
over 1 million acres of controlled burns, you know, the last
year, and yet in the entire State of California, I think they
had maybe 30,000. And the forest in California is a heck of a
lot bigger than and a lot more area than the ones in Florida.
We learned our lesson from the big fires that we had about
10, 15 years ago, and so we manage our wild areas, our forest,
I think a heck of a lot better. And so, I think as a
Government, I would like to see us more focused in on
regulations and also the way to actually manage the forest a
lot better and then we can prevent these large fires.
Ms. KC, would you say that that is accurate, that is an
accurate statement, or do you have a difference of opinion?
Ms. KC. Thank you for the question. No, I think that is a
very accurate statement. That is why I did highlight the fact
that we are working very closely together, State, Federal,
local government, in our State. We have created a shared
stewardship agreement under the Governor of the State of Nevada
to bring together all State, local government, Federal agencies
who have land management responsibilities to, one, we do have
limited resources, limited funding, and so we have to
prioritize our projects in the highest risk areas. And so, we
are looking at those areas. We have identified 13 in the State
of Nevada are actively working in all of them to address that
risk.
And just to give an example, this is a California fire
example, but the Caldor fire that came through Lake Tahoe, we
have been working collaboratively in the Lake Tahoe Basin for
decades. We learned early on that jurisdictional patches didn't
matter when fires came through, nor when bugs and insect and
disease come through, so we had to look at mitigation and
suppression the same way.
So, we implemented a tactic like the mutual aid tactic
spoken of earlier for fire suppression, for mitigating fuels in
the basin. And when you saw that fire come through the Tahoe
Basin, we had no single loss of structure, not any in that
basin. And it wasn't by chance. It was because of the 89,000
acres we had treated collectively in high-risk areas that gave
firefighters a safe place to defend those homes from.
And so, I think that that is so critical, making sure that
we are working together, addressing those highest risk areas,
and making sure that all of the management actions we are
taking are collaborative and really have an impact on what is
happening on the ground.
Mr. Gimenez. Thank you so much. My time is up, and I will
yield back, but I hope to be working with both of you to
develop some legislation too for mitigation purposes. Thank
you.
Thank you, Madam Chair.
Ms. Titus. Thank you.
I now recognize Mrs. Napolitano.
Mrs. Napolitano. Thank you, Madam Chair.
Ms. Hatcher, you state that trauma from wildfires can be
exacerbated [inaudible] FEMA's Immediate Disaster Case
Management and the Disaster Case Management Program. FEMA's
Crisis Counseling Assistance and Training Program play a role
[inaudible] especially in mental health. Is that true?
Ms. Hatcher. There is significant trauma that is
experienced by wildfire survivors, and that, I think, is
somewhat unique--although, to be fair, I don't want to take
anything away from other disasters--because they often can
occur quickly, evacuations have to happen immediately, and
there can be the trauma of a very hurried evacuation followed
by the loss of your house and all of your things.
And the Disaster Case Management we found after the 2018
Camp fire just simply wasn't adequate to address the needs from
a time perspective and the scope of the services for fire
survivors.
Mrs. Napolitano. Thank you very much. Well, that involves
also the housing. The temporary housing was inadequate because
it was built for floods and hurricanes. Maybe we could find the
less costly and better built in the future.
And, also, I am concerned about the fact that they don't
expedite the funds. Is there an issue with the paperwork or
with the turnaround time that you are faced with, anybody?
Ms. Hatcher. I can speak to that. We did receive some
expedited funds after the Camp fire because it was such a large
incident, and the amount of paperwork associated with just that
expedited claim activity is so substantial that we have had to
bring on additional staff just to help with those claims.
I want to be fair to FEMA and recognize the need to follow
the Stafford Act and to meet the policy guidelines, but it
feels like there is lots of opportunity to reduce the burden on
local governments who are so strapped for resources when
responding from wildfires.
Mrs. Napolitano. Would you be kind enough to recommend some
of those comments to us in the committee so we can benefit
further, ma'am? It would be greatly appreciated.
But it seems like we are not gearing for climate change for
any of the agencies. The paperwork for citizens, how do they
know what to apply for? If they are turned down, do they know
they can apply for the next batch? Or how long it takes between
them. Would somebody be able to answer that?
Mr. Phelps. This is Andrew from Oregon, Representative
Napolitano. Happy to speak to that issue.
Navigating a complex web of Federal programs, assistance
programs after you have lost everything--your home, your job,
and in some cases, family members--does nothing to alleviate
the trauma that folks have experienced during a disaster. I
applaud FEMA's efforts to assist with Disaster Case Management.
Finding ways to match folks in the community, getting
multicultural, multilingual folks out in the community to serve
as caseworkers and help folks navigate these complex problems,
those are all steps in the right direction.
But, again, we need to make sure that we are erring on the
side of helping survivors. Does fraud exist? It does exist. We
have got documentation of that here in Oregon from our
disasters. But when someone has been living in a hotel or a
motel or in their car for weeks and weeks and weeks after they
have lost their home in a fire, it is pretty easy to determine
that those folks are not trying to commit fraud; they are just
trying to rebuild their lives.
So, anything that we can do to lessen the burden, provide
that real almost social work case management approach to
disaster survivors, and understand that folks need to be met
where they are after a disaster. I am fortunate. If I was
impacted by a disaster, I could take a week off of work and
work through the process. A lot of folks aren't in that
position, and we need to make sure that those that are most
marginalized and disadvantaged in our communities are the ones
that get the most assistance.
Mrs. Napolitano. Especially the ones that have less income
and are minorities.
For all the witnesses, the GAO has stated that FEMA's
Individuals and Households Program is not meeting the needs of
low-income renters and homeowners post wildfire. In your
experience, what has been the most pressing obstacle in aid to
these populations, so that we can try to address that sooner
rather than later?
Casey?
Ms. Hatcher. This is Casey Hatcher, and I would echo what
Mr. Phelps had to say about needing to focus on the fire
survivor first and not the assumption of fraud or worrying
about an audit. I think this is what really prevents us from
individually assisting each person through their scenario.
We could reduce the barriers for eligibility for that
Individual Assistance and look to help people with their
individual scenario. Maybe they were multiple families living
in a household together and are having trouble proving
residency. Maybe they simply want assistance to live
temporarily outside of the county while they figure out their
rebuild. Maybe they need mental health resources.
But we saw, after the 2018 Camp fire, that the case
management assistance that came forward and the mental health
assistance just wasn't enough to address the magnitude of the
need from our fire survivors.
Mrs. Napolitano. Thank you very much. Provide those
comments to the committee, please.
Madam Chair, I yield back.
Ms. Titus. Thank you.
I now recognize Miss Gonzalez-Colon.
Miss Gonzalez-Colon. Thank you, Madam Chair. I have got one
question, and I want to yield to Mr. LaMalfa. My question will
be to Mr. Phelps. We manage some different things from FEMA,
one of the agencies that types--what types of categorical
exclusions must be helpful in your case. You highlight how the
environmental and historic preservation reviews can be
cumbersome and a challenge with the lack of categorical
exclusions that can help speed up the process. If you can point
out what specifically you are saying about this?
Mr. Phelps. Thank you, Representative. I would say when we
look at something like the EHP requirements, the environmental
and historical preservation requirements, very often when we
are looking at things like emergency protective measures, the
process of going back and recreating whether or not
considerations were made for environmental and historical
preservation, as we are trying to stop a wall of flames from
moving into a county and destroying thousands of homes and
taking lives, I think that is an unrealistic expectation.
So, we need to be a little bit more flexible, understand
the dynamic nature of wildfires in particular, and exercise
that flexibility to ensure that when our firefighters are out
there working in the heat, the smoke for days on end, they are
doing the best they can to both be good environmental stewards
but also save lives, protect the property, and also do what
they can to protect the environment.
Going back and trying to re-create some of that
documentation after the fact is overly cumbersome and places a
greater liability and strain on resources that are already
tapped to save lives and property.
Miss Gonzalez-Colon. Thank you, Mr. Phelps.
I want to yield the rest of my time to Mr. LaMalfa.
Mr. LaMalfa. Thank you, my colleague from Puerto Rico. I
appreciate the time and also working with you previously on
dealing with Puerto Rico's disasters and hurricanes. So, I hope
things are improving for you there as well. Thank you.
I will be speaking with Casey Hatcher here a little bit
from my home county of Butte. Obviously, we have faced a lot in
the last few years in northern California and in Butte County,
dating to the spillway disaster at Oroville Dam that has been
rebuilt well now.
And I want to say right upfront too that FEMA's response
has been very good, by and large, with what we have tried to
accomplish in all these disasters, and working with the State
and Cal OES, and just trying to break through what would have
been normal, you know, the bureaucracy that might happen, we
got some pretty rapid response on that.
But as Casey lined out here, there are things that maybe
are unnecessarily still bureaucratic in nature that we need to
work through, and just to get quick response, getting people
back in homes and things like that, or the FEMA trailers.
And I do share Chairman DeFazio's concern that if these
units are really costing $325,000 for a portable home, portable
building like that--I would envision it being $90,000 to
$120,000, $140,000. I don't know why something has to cost so
much just because Government is the one involved purchasing it.
So, we need to take a closer look at that.
But, Ms. Hatcher, would you elaborate a little bit on the
cost of repeated disasters. You talk about the roadways. Here,
right here, over my shoulder [indicating photo poster], this is
actually the front page of the Wall Street Journal--yesterday,
I believe it was--Highway 70, just across from Butte County in
Plumas County. I guess, Butte County is off the hook on that
one, so to speak, but this is just an example of post fire with
the amount of erosion. And we talked about this in a previous
hearing with Chief Randy Moore, can we do things to get on the
post-fire erosion and dangers we have there?
Anyway, Ms. Hatcher, please elaborate on the disaster post-
fire costs and the challenges the county faces on roads. We had
that with Oroville Dam and others.
Ms. Hatcher. Thank you, Congressman LaMalfa. That picture
is a really great example of exactly what happened. That is in
a burn scar, and that slide is what can happen after a fire
disaster. And when you are a small county like we are, and you
have a fire followed by a slide and a flood followed by a fire,
there is so much impact that strains your local resources to be
able to respond, that we would like to see changes to the level
of assistance that is provided to communities that have
consecutive disasters in some period of time, because there is
an inability to pay that local share of costs again and again
to address these varied types of disasters.
After a wildfire, the land needs time to restore itself,
and becomes more susceptible to slides and floods and things of
that nature, and you can see that type of consecutive disaster
happen.
Mr. LaMalfa. Yes. As I noted, your parents are in the U.S.
Forest Service as well, and we know that that land doesn't
restore itself. We have got to get back out and do the work on
that for restoration for all these hundreds of thousands of
acres. So, thank you, and I yield back my time.
Ms. Titus. Thank you, Mr. LaMalfa. We will come back to you
when it is your turn.
Now it is Mr. Garamendi.
Mr. Garamendi. Thank you, Madam Chair. I might like to
start here with asking for unanimous consent to enter into the
record a recent article in the Washington Post by Hannah Dreier
about the Erickson family who lost their home in the Camp fire.
So, I would like to have that entered into the record.
Ms. Titus. Without objection.
[The information follows:]
Article entitled, ``The Last Days Inside Trailer 83,'' by Hannah
Dreier, Washington Post, October 17, 2021, Submitted for the Record by
Hon. John Garamendi
The Last Days Inside Trailer 83
As climate disasters increase, a last-gasp FEMA camp for wildfire
survivors tests the government's obligations to the displaced.
by Hannah Dreier
Washington Post, October 17, 2021, at 9:00 a.m. EDT
https://www.washingtonpost.com/nation/2021/10/17/disaster-survivors-
fema-housing-trailer/
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Mike and Crystal Erickson's trailer at the FEMA park in Chico, Calif.
(Melina Mara/The Washington Post)
CHICO, Calif.--Mike Erickson had been living in the trailer park
for 341 days when he saw the new sign. It was unmissable, a blue
billboard at the entrance to what had become a place of last resort for
families made homeless by the worst wildfire in California history. Its
message was unmissable, too. In 12 days, the site would be closing and
everyone would have to be out.
Mike knew who had put it there. The same agency that had carved
this trailer park from nothing after the 2018 fire, transforming a 13-
acre field between a cemetery and a set of train tracks into a haven
for survivors to start rebuilding their lives: the Federal Emergency
Management Agency.
Nearly a hundred families lived at the site at one point, but one
by one they had been moving away until on this day in September only a
handful were left. Mike's trailer was at the farthest end. There were
no streets here and no addresses, just small numbers glued to the sides
of trailers. His was 83.
He trudged back through the gravel, wondering what to tell his
wife. ``I thought by now we'd have something figured out,'' he said.
Sixty years old, Mike had arrived at this moment because of a FEMA
program intended to be among its most merciful, but which has become
fraught with challenges in a time when whole communities are being
wiped out by unprecedented wildfires and storms.
When survivors are left with nowhere to go, the government sends
FEMA to give them free housing, typically for up to 18 months after the
date of the disaster. The agency has provided emergency trailers to
nearly 200,000 families over the past 15 years. But now, with disasters
and the needs that follow them increasing, the government finds itself
trying to decide what it owes the displaced. How long is truly long
enough to shelter the most vulnerable? Is it sufficient to give them
housing or do they need social services, too? And should an emergency
management agency really be playing landlord for years at a time in the
first place?
For Mike, the looming question was more urgent: What would happen
after these 12 days?
Inside the trailer, his wife, Crystal Erickson, 60, was lying in a
hospital bed that took up most of the small living room. Partially
paralyzed from a stroke and unable to navigate through the gravel with
her wheelchair, this is where she spent all her time.
``What's up, honey?'' she asked.
``FEMA came by. Same thing as always,'' he said, trying to sound
relaxed. But after 35 years together, she knew when something was
wrong.
Mike took her hand, patted it and let go. ``Just trust me,'' he
said.
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Inside, Mike helps his wife eat in her hospital bed. Crystal has
stroke-related mobility issues. (Melina Mara/The Washington Post)
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Sons Jacob and Ronald flank Mike, third from left, as he and Crystal,
left, pose for a family vacation photo in 2008. (Melina Mara/The
Washington Post)
* * *
Mike and Crystal were in this park because their home had been
destroyed by the kind of wildfire that was once unheard of in the
United States but that now, after so many others--the Dixie Fire, the
Caldor Fire--seems almost routine. Known as the Camp Fire, it had
started before dawn in November 2018, raced through terrain made
tinder-dry by drought, burned down almost every house in the mountain
town of Paradise, and killed 85 people and displaced 50,000, including
Mike and Crystal. They were among the last to evacuate and had driven
through thick black smoke listening to the pop of propane tanks
exploding.
Afterward, FEMA had to decide what to do with the people like the
Ericksons had just become--survivors without insurance, without means,
who had never been homeless before but were now.
It wasn't clear at first that the government would build a trailer
park. FEMA had turned away from those after the Hurricane Katrina
recovery effort, when families lingered in flimsy, formaldehyde-tainted
mobile homes. The agency experimented instead with making emergency
repairs directly to survivors' homes. It also partnered with the
Department of Housing and Urban Development to give families rental
subsidies and mandatory case management to connect them with social
services.
By 2013, the FEMA trailer park had gone almost extinct. But under
the Trump administration, the agency returned to building entire
communities of trailers from scratch, saying the alternatives were
costly and inefficient. The Government Accountability Office later
found it was impossible to evaluate this claim because FEMA doesn't
systematically track costs or outcomes for its housing programs. The
national council set up by Congress to advise the agency immediately
called on FEMA to resurrect its direct repair program, and elected
leaders from hard-hit states asked FEMA to bring back its HUD
partnership.
But FEMA continued to see trailer parks as the best option, at
least for the time being, saying in a statement: ``FEMA is evolving. We
are not the same agency from 10 years ago, and we will not be the same
agency in 10 years from now.'' As a result, thousands of families were
soon living in trailers again, including at the Chico site, which cost
more than $300,000 per trailer to set up. Mike and Crystal moved there
in September 2020. Before that, Crystal had spent six months in the
hospital, while Mike had bounced between motels and campsites. They
also lived temporarily at a different FEMA site. But Trailer 83 seemed
to offer a kind of stability they hadn't experienced since before the
fire.
The place came with rules, one of which said tenants had to submit
proof every fifteen days that they had applied for at least one
permanent housing option. Every fifteen days, Mike turned that in,
along with the results: nothing. Rental vacancies had fallen to less
than half of 1 percent in Chico as 20,000 fire survivors crammed into a
city of 90,000. Mike wrote personal letters to landlords of wheelchair-
accessible apartments but didn't hear back. When he went to sign up for
affordable housing, he learned that the waiting list was three years
long and closed to new applicants.
Now, with 11 days left before the deadline to move out, Mike
flipped through a notebook where he'd written down the names and
numbers of every official he had spoken with since the fire. As he
began making calls, he fidgeted with his hair, which he used to wear in
a buzz-cut but had grown out into tangled curls.
The first person he reached was a young woman at a social services
agency. He told her about who he had once been: a man who had coached
his son's Little League team, held a steady job, owned a home and had
lost that home in 2016, buried in medical debt after his wife's stroke.
He said they moved to a rental with their 18-year-old son, who helped
care for Crystal while he worked. He explained their son had initially
moved to Trailer 83, too, but FEMA had said he couldn't stay because he
wasn't on his parents' paperwork, and that with no one to help Crystal
during the day, Mike couldn't work, and so they were living on her
disability payments of $2,800 a month--$1,799.31 of which FEMA was now
billing them for because a few months earlier, overwhelmed, he had
missed turning in proof of his fruitless rental searches.
By the time he got around to telling the woman that they were about
to be evicted, she was letting him know that she couldn't help. ``We
don't really have room for new cases,'' she said, but offered to
connect him with another nonprofit.
``Okay, I sure appreciate it. Thank you,'' Mike said.
After a while, Crystal fell asleep and Mike slipped out for a walk.
There was no greenery at the site, no shade, and no color aside from
the green trash bins outside each home. He walked past Trailer 46,
where a small woman who liked to keep to herself peeked through the
blinds. Past Trailer 11, where a father, preparing to move out, was
trying to scrape off the glow-in-the-dark stars he'd put up for his
kids. Past Trailer 7, where a FEMA eviction notice fluttered on the
door, warning, ``We have not been able to contact you by telephone and
must speak with you right away.'' Mike knew that the man who lived
inside had a hole in his trachea and couldn't talk.
When he reached Trailer 32, a snarling German shepherd ran at him.
The dog had bitten him twice, but Mike liked visiting with its owner,
Jay Rose, who was stacking boxes in the truck he used for his job
hauling portable toilets.
``You mind if I ask if you found a place to go?'' Mike asked.
``No, just putting stuff in storage,'' Jay said. ``I'm gonna be the
last one in here.''
Mike told Jay about his efforts to find a place. ``I'm so fried
now, it's hard to even make contact,'' he said.
He didn't want to stay too long. He'd left his phone charging and
worried about missing a call from someone with a lead. He hurried back,
climbed the steps and checked his phone in his bedroom. No calls.
Jay Rose, left, one of the last people still living in the trailer
park, says goodbye to Mike while packing up to meet a move-out
deadline. (Melina Mara/The Washington Post)
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An overwhelmed Crystal is comforted by her son Jacob. (Melina Mara/The
Washington Post)
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Mike hits some golf balls in the gravel outside the trailer. (Melina
Mara/The Washington Post)
* * *
Mornings in the trailer often started the same way: With Crystal
hearing tires rolling on gravel and Mike looking out to see if it was
FEMA. With nine days to go, Crystal heard that crunch as Mike was
making coffee and braced herself, but it was only a garbage truck.
``I'm surprised they're still taking the trash away,'' Mike said, and
dropped the curtain.
But there was someone from FEMA there, on the other side of the
park. Housing task force leader Sharon Rodarte had come to check on the
last tenants. These were always the hardest cases--the families who
left behind wrecked appliances, or walls full of holes, or towering
piles of junk and trash, or in one case a dead dog. ``Some people
aren't grateful,'' she said when she walked up to Trailer 7 and
discovered that the man who couldn't speak had moved away overnight,
leaving behind a broken pipe that was gushing water beneath the unit.
Now she headed toward Trailer 83. Crystal heard the crush of tires
and a knock at the door. Rodarte explained that she was there because
she had a phone number for the Ericksons to call--``our housing
navigator for trying to find homes for people who are going to be
homeless.''
Mike grabbed his notebook and stepped outside, closing the door
behind him. He had written the word ``deficient'' in it, and he looked
down and read from the page. ``You know this place is deficient for
us,'' he said.
``Okay, I don't want to get into this,'' Rodarte said.
But Mike was off now, listing the things that had made life so
difficult in the trailer. No roll-in shower. No way to cool the place
below 78 degrees. No washer or dryer, even though it wasn't safe to
leave Crystal alone to go to a laundromat, which was why there were
five garbage bags of laundry sitting by the door.
``I'm gonna go,'' Rodarte said. ``Just give the man a call.''
``Okay, just walk away,'' Mike called after her. ``Thank you for
being so courteous and respectful.''
Back inside, Mike regretted getting mad. ``I'm exploding over
nothing lately,'' he told Crystal, who instantly blamed herself. She
had been more emotional since the stroke, cycling through feelings of
calm, fear, anger, grief, and now another emotion took hold, this time
making her cry. ``I'm sorry, honey. I'm so sorry,'' she said.
``It's not your fault, you know that. You didn't start that fire,''
Mike said. He turned on the television for her and gave her a sippy
cup, the kind a child might use, with two shots of brandy.
When he called the housing navigator, he got an automated message
saying that the phone system was down. Mike hung up and looked out
across the park. He wondered, how have so many people figured this out?
That evening, there was another knock at the door. This time it was
their daughter, Rita. She'd lost her home in the fire, too, and, like
their son, was barred from the extra trailer bedroom. She lived a few
blocks away, in a tent under an oak tree. Paradise fire survivors make
up about a third of Chico's growing homeless population, and many had
moved into the 100-person encampment where Rita was staying. Rita
didn't talk about all that went on there, like the man who had been
stabbed to death in a fight a few weeks earlier as she watched with
horror, prompting her to start carrying a hunting knife in her bra and
another in her backpack.
When she walked in, Crystal's mood changed again. ``Give me a
kiss,'' she called.
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Mike and Crystal's daughter, Rita, sits in a rickety beach chair at a
homeless encampment in Chico. (Melina Mara/The Washington Post)
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Using a net attached to a lifting machine, Mike helps Crystal out of
bed so she can use the bathroom. (Melina Mara/The Washington Post)
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Mike soothes Crystal's bed sores while she is lifted. (Melina Mara/The
Washington Post)
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Mike splashes his face with some water while packing up the family's
belongings. (Melina Mara/The Washington Post)
* * *
There were tasks Rita did almost immediately whenever she visited.
She combed Crystal's hair, trimmed her fingernails, gave her sponge
baths.
Mike did everything else. He checked Crystal's blood sugar five
times a day. He made her meals and helped feed her. He put fresh
bandages on the bedsores she'd been developing. And sometimes he left
her alone, as he did one morning with seven days left before the
deadline. He tried to get out every day to clear his head, even if it
was just to hit a few golf balls and watch them skip across the gravel.
Before he left, Crystal asked him to straighten her in bed so she
could breathe better. ``I think I'm a little cockeyed today,'' she
said.
``You've been cockeyed for years,'' he said, teasing.
Some things Crystal only let herself think about when she was
alone, like how badly she'd deteriorated since the fire. After her
stroke, she had still been able to sit up on her own. But with no
physical therapy in more than two years, she'd grown weak and rigid.
The only person who had come out was a nurse who monitored her blood-
thinning medication for a while, then said she had to stop because the
gravel was damaging her car.
Crystal had worked in nursing homes, and made Mike promise that he
would never put her in one. It was an easy promise for Mike to keep.
He'd grown up with distant parents--an alcoholic father and a strict
mother--and had wanted his own family to be close and loving. But
people with disabilities are often unnecessarily institutionalized
after natural disasters, especially if they are poor, according to a
2019 report from the National Council on Disability. Crystal didn't
think she could avoid long-term care much longer. Lately, she was
sleeping with the overhead light on because of a dream she'd been
having in which she had been sent to hell for being a burden on her
family.
When Mike got back from the store, she told him about how she was
longing to see trees and grass. ``I feel stupid for wanting that,'' she
said.
``It's not stupid,'' Mike said, and proposed they at least go out
to the porch. It was a 10-minute process to get her out of bed by
himself. He rolled her back and forth to get her into a net, which he
then attached to a lifting machine. He began pumping a lever to lift
the net into the air. When Crystal was suspended, he maneuvered her
toward a wheelchair, and then hit the lever again to lower her until
she could sit.
Outside, the air was dry and full of ash from two wildfires burning
nearby. Minutes passed. She was smiling. Then she looked uncertain.
Then she was in pain from her bedsores and started crying. Then she was
calling out for Mike, who had gone inside to do the dishes.
He rushed her back in and hoisted her in the net as her crying
turned to screaming. ``Oh God, just do it,'' she screamed, suspended
now above the bed. But Mike was afraid of letting her fall and was so
focused that he didn't hear the crunch of approaching cars.
It wasn't until someone was knocking that he looked out and saw two
FEMA security guards and two women who were strangers. ``Give me a
minute,'' he yelled. But the knocking got louder and so Mike paused and
threw the door open, revealing Crystal suspended in the net, clothed in
only a T-shirt.
``You might as well get a front-row seat,'' Mike said to the group.
The guards looked aghast and took a step back. ``You want to know why
we haven't gotten out of here? I'm doing this all day long.'' Mike
slammed the door. ``You're doing good,'' he said to Crystal as he
lowered her into bed and pulled up her sheet.
When he opened the door again, the guards had retreated to their
cars and only the two women remained. They said they were from a
disaster case management program and wanted to help Mike apply for a
subsidized apartment. ``FEMA just reached out to us, with the site
closing in a week,'' one of the women said. ``We're here to support
you.''
Mike felt a flood of relief. He invited them in, apologizing.
``Please do not apologize,'' the woman said. ``My heart is feeling
for you right now.''
She helped Mike fill out an application and said she would get them
signed up for food stamps, too. She suggested the Ericksons might be
able to buy their trailer and move it somewhere permanent, because FEMA
generally auctions them off at the end of housing programs, with bids
sometimes starting at a few hundred dollars.
Another mood shift for Crystal, as she thought of a trailer park
near her son and how nice it would be to see him more often.
The sense of hope the women brought with them carried over into the
next day, and the day after, five days to go now, as the Ericksons
waited to hear about the housing application and another stranger
arrived at their door. Word had started spreading among Paradise
survivors about their case. The visitor said he'd heard that Crystal
lived in a hospital bed and couldn't even shower. He had come over on
his own with a large rubber tub for her.
He and Mike wrestled the tub inside, moving bags of laundry to make
it fit. Soon, the trailer was filled with steam from hot water and the
comforting smell of bath soap.
``Oh, that feels good,'' Crystal said after Mike had put her in the
net and maneuvered her into the tub. She waved her arms beneath the
surface of the water, transfixed. She could feel her hands and legs
unclenching. She started splashing. ``Do I get to stay here forever?
Till they move us out?'' she asked. Mike smiled. ``Soak as long as you
want,'' he said.
They went to bed feeling better than they had in 349 nights. And
then came the next day, four days left, when the good feeling began to
drain away.
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Crystal gets her first real bath in a year, thanks to a concerned
wildfire survivor's gift of a rubber tub. (Melina Mara/The Washington
Post)
* * *
How is hope dashed? In three conversations.
First, the women came back and explained that the Ericksons
couldn't buy their trailer because FEMA wasn't selling them to
survivors who had failed to provide regular proof of rental searches.
Then, another case manager stopped by and told them that they
hadn't qualified for the apartment. Their income was too low. And there
was nothing else to apply for. ``Trust me--we have looked everywhere,
in every town. We are in a housing crisis in this county and we have
literally tried everything,'' she said.
And then a FEMA supervisor called to say that if the Ericksons were
not out by the deadline, they would be trespassing and he would call
the police. ``I'm sorry about it, but that's the way it goes,'' he
said. ``We're at the end of the game. It's really in your best
interests to move on.''
Mike felt his temper rising, but spoke softly so Crystal would not
hear. ``We'd love to move on,'' he said. ``We're not here because we
love to be here. You know that, right?''
``Well, we have done everything we can under federal law, as FEMA,
to help you out,'' the supervisor said.
Two days left to go now, and FEMA workers were showing up to
collect keys from the remaining tenants, including Jay Rose, the man
who had predicted he would be the last one left in the park.
The inspector who completed his walk-through waited with her finger
on the circuit breaker until he microwaved a last frozen breakfast
sandwich. ``Good luck,'' she said as she flipped off the power. He had
10 days paid at a motel, and then would be sleeping in his truck.
Away went Jay. Away went his snarling dog. Away went everyone else,
and by that evening, the only trailer left in the park with anyone
still home was the one where Crystal was in her hospital bed and Mike
was on the porch when a truck pulled up.
The man who got out had dozens of colorful tattoos over his arms
and legs, and he handed Mike a business card that said ``Stephen
Murray: Camp Fire Survivor/Supporter.'' He explained that he had helped
others facing eviction from FEMA parks and had heard from a friend of a
friend that the Ericksons were about to be put on the street. ``I'm
going to at least try to get you in a hotel for a few nights,'' he said
before he left.
What an unbelievable place this is, Mike thought as he leaned with
his elbows on the porch railing. Created out of nothing. About to be
nothing again. And his last version of hope coming down to a man who
had the slogan ``Stephen Murray Spreading Love'' tattooed on his biceps
and etched into a rubber bracelet, which he had slipped off his wrist
and onto Crystal's.
For three years now, it had been one strange and heart-rending
thing after another, going back to those first weeks after the fire
when Mike was living at a campground and had seen people clutching
blankets and struggling to speak coherently.
``I used to look down on them and think, `Can't you pull yourself
out of that?' But now I can't pull myself out of it, either,'' he said.
Mike needed to go in and check on Crystal, but he kept staring at
the moon, which was glowing red through the fire smog.
``I don't condemn them anymore,'' he said. ``I didn't understand
how far you can go down, I guess.''
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Stephen Murray, whose business card says ``Camp Fire Survivor/
Supporter,'' tells Crystal and Mike that he will help them find at
least a temporary place to stay. (Melina Mara/The Washington Post)
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Mike stops to regain his composure while moving boxes out of the
trailer. (Melina Mara/The Washington Post)
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Case managers tell Crystal and Mike that they have not qualified for
the apartment they had applied for a few days earlier. (Melina Mara/The
Washington Post)
* * *
One day left now, and when Mike woke up, he was struck by how quiet
the park had become. In that silence, his phone rang.
``Finding a handicap hotel room in California is hard,'' Stephen
said. ``But I've got one.''
And just like that, the Ericksons had a place lined up. It would be
for a week. Stephen said he would pay for it. He had also rented a
storage unit and would send someone for the hospital bed.
``Thank you,'' Mike said, and then told Crystal that they had a
place to go.
``It's got sidewalks, right?'' she asked.
``Yes,'' Mike said.
She tried to picture it. ``I'm so excited to get out of here,'' she
said.
Mike had some boxes saved, and he started taping them together. He
didn't need many. There wasn't much to pack, mostly donated clothes and
kitchen supplies.
``You're always so organized,'' Crystal said, watching Mike fold up
her blankets.
``Not this time,'' he said.
He taped together a new box and tossed in a pair of pliers that
were among the only things they'd saved from the fire, a self-help book
about managing stress and the notebook with his FEMA information.
It didn't take long. An hour and 14 small boxes. Now that they had
a destination, Mike arranged for a paratransit bus to come.
He rolled the lifting machine through the trailer for a last time,
swung Crystal in the net and lowered her in the wheelchair. A few more
minutes and he had the bed stripped and disassembled. Nothing more to
do but sit and wait.
``Way too quiet in here,'' Mike said, and unpacked the radio so he
could listen to music.
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Mike and Crystal, accompanied by Jacob, arrive at their hotel after
leaving the trailer on move-out day. (Melina Mara/The Washington Post)
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Her sons Ronald, left, and Jacob spend some time with Crystal at the
hotel. (Melina Mara/The Washington Post)
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In a moment of relief, Mike jumps into the hotel pool. (Melina Mara/The
Washington Post)
* * *
At last, there was the sound of tires on gravel, and a friend of
Stephen's took the boxes and the bed. Another rumble and the bus
arrived.
Mike followed Crystal down the ramp, leaving the trailer door open.
He helped strap her in and paid their fare. As the bus began rolling
away, Mike looked out the window, taking everything in one last time,
while Crystal squeezed her eyes shut.
``I don't want to look around. I can't stand this place,'' she
said.
Mike was remembering the early days when they first moved in,
before their son left. ``The kids not being able to stay with us, that
just tore our family apart,'' he said.
As they approached the entrance, Crystal glanced back at the lot.
``I liked it better when there were all those trailers,'' she said.
``It made a great driving range to hit the golf balls,'' Mike said,
and with that, the bus passed through the fence and turned right, and
the Ericksons were gone, except for a few things they had left behind.
A lawn chair, a fan, a mirror, a mop. All of it noted by a FEMA
inspector who came later that day. ``Okey-doke,'' he said. ``I've seen
a lot worse.'' The deadbolt didn't work, so he pulled the front door
shut and pronounced it good enough. ``We're finished,'' he said, and
hours later, as night settled in, Trailer 83 was a shadow in a dark
corner of an empty lot. There was nothing to break the silence as
midnight came and then went and the park was officially closed. The
housing program was over. FEMA had fulfilled its obligations to the
displaced.
At the motel across town, Crystal was asleep and Mike, who had been
so excited when they arrived that he jumped into the pool with a whoop,
lay awake in bed. They'd ordered pizza and watched a movie, and when
they got tired, Crystal had asked Mike to leave the overhead lights on.
Now, as she slept, he stared up at them, thinking that they couldn't
afford to stay beyond the week Stephen had booked.
They would need to find somewhere to go. He had six days left to
figure it out.
Mr. Garamendi. The article speaks about the human element
of the disaster and the long, long process that this particular
family--and, unfortunately, it is not a unique situation, but
it is one in which it exemplifies the complexity and the
difficulty that occurs after a disaster such as the Camp fire.
We are going to have to figure this out. The questions that
have been asked and the answers that have been given are all
most appropriate and begin to point out the nature of the
problem. Part of the problem is it is by the book, and several
of us have talked about maybe there ought to be a few efforts
to move beyond the book, the rules and the regulations and
flexibility there of those rules and regulations.
The second issue really goes to one of the long-term
housing needs, and that has been discussed here in some detail,
about the time it takes to be able to return to a community
that has been burned out. The other has to do with the housing
itself, which is an ongoing problem for the State of
California.
I would like to go to Deputy Chief Hatcher, if I could. Do
you think the answer is for FEMA to develop a mobile home park,
or what would be--or what other alternatives are there? What
would be the best solution, in your mind, in a case such as
Camp or, say, half of a Camp situation?
Ms. Hatcher. Thank you, Congressman Garamendi, for the
question.
We would like to see FEMA have solutions for temporary to
permanent housing that addresses the needs of those with the
fewest resources. You mentioned the Ericksons, which they were
the last family left in FEMA's group housing site after the
Camp fire.
And I want to be clear that FEMA assisted many, many
households, and we are incredibly thankful for the assistance
that comes from the Federal Government, but there has to be a
solution that looks to permanent help for folks as opposed to
just a temporary solution. Because we lost 14 percent of our
housing stock and less than 10 percent of that has been rebuilt
nearly 3 years after the Camp fire. And there is just simply
not an opportunity for those with few resources to quickly
recover after a wildfire like this because of the prolonged
nature of recovery.
Mr. Garamendi. Well, we have discussed the nature of the
temporary housing being built in such a way as to meet current
codes in California. That is one thing that may be able to deal
with this.
The other is the necessity for holistic support, and that
has been discussed in different ways here. The role of the
State of California is critical in this, because most of the
support systems are either funded by or directed by the State
that the county should carry out one or another of those
programs.
So I am really looking here for any one of you, and
perhaps, Casey, you seem to be the go-to person here, but--and
perhaps Mr. Phelps, how can we develop a solution in which all
of the resources that exist from healthcare to social services
to homeless programs of one sort or another, how can all of
those be focused for the benefit of those individuals, such as
the Ericksons and others whose homes have been destroyed in one
or another of these disasters?
Ms. Hatcher. I would say that we need to have a coordinated
approach. There are a whole variety of agencies that bring
resources to bear after a wildfire and they are often very
beneficial resources but sometimes can lack coordination.
And you are right that there is assistance coming from the
State of California and from the Federal Government. And I
mentioned earlier the Disaster Case Management. And we would
really like to see the case managers from FEMA better
coordinate with those that are in the local community from
community-based organizations to really set individuals on
their own path to recovery.
It can be incredibly difficult to navigate all of the
resources available after a disaster, and that could be a
really key piece. It maybe is not within the purview of this
committee, but other resources that come for housing assistance
like Community Development Block Grant funding for disaster
recovery that is overseen by HUD is kind of divorced from
coordinating with FEMA, and those pieces need to tie together
better.
Mr. Garamendi. Thank you very much. My time is expired.
There is a lot more to be said here about this issue of
coordination. I would point out that there is a major housing
element in the reconciliation bill that we hope to get out of
here soon.
With that, I yield back.
Ms. Titus. Thank you, Mr. Garamendi.
Back to Mr. LaMalfa.
Mr. LaMalfa. Thank you again, Madam Chair.
We find a lot of parallel concerns here with what Mr.
Garamendi was saying as well on the housing situation, I think.
And we also have to step back a little bit and really ask the
question, is it FEMA's long-term mission to be so far into
housing? We had to work to get them to approve temporary
housing for up to 2 years following the Camp fire for the folks
like down in Gridley, et cetera.
But is it really the proper role, so bringing up--is
there--we have to look at a mechanism, maybe a smoother handoff
to HUD longer term that would be for those folks that are
underinsured or not insured that get burned out. We are talking
in the Camp fire, Paradise, and others around Magalia, Yankee
Hill, Concow. And then also the situation we had where we lost
most of the town of Greenville up in Plumas County, and next
door to that, Canyondam. And then we have a situation over in
Lassen County, the town of Doyle.
So, you have all these issues that are going to be long-
term situations, and since FEMA is an emergency management
agency, we need to forge together a mechanism for a better
handoff. So, FEMA is going to have to keep responding to other
disasters, whether it is going to be the many fires that we are
going to face in the future and hurricanes and who knows,
earthquakes, whatever you are going to have in this country.
And that is not to take away from FEMA. That is not to take
away from need. I want to downplay that at all. The need is
going to be very great until we, on the wildfire side, do much,
much better at forest management and buffers we need around
these communities.
So, coming back to you again, Casey Hatcher--since we have
two Caseys--let me talk about quickly the Beckwourth fire
versus the Dixie fire. Beckwourth happened just before the
Dixie fire farther up north, in Easton, California, basically
about 10 days before Dixie.
Ironically, as I was returning from being up there with the
folks at the Beckwourth fire, I saw the Dixie fire had started
just a couple hours before I came down the Feather River Canyon
on 70, and there were fire folks on the scene already. But who
knew at that moment that that was going to turn in months later
to nearly 1 million acres.
In this case here, what we see is Greenville in Plumas
County versus Doyle up in Lassen County, you have two different
types of disaster. One group of survivors basically is going to
get assistance and one will not. And what we are talking about
with the Lava fire and Salt fire in Shasta and Siskiyou
Counties, you have--they are overstretched from disaster up
there as well.
So, you have issues where if those fires had happened
closer together in time, that they would have been more
eligible to make FEMA be able to draw all the fires into one
big disaster, I guess. We have the situation--it has to cause a
bigger threshold of disaster to have them become eligible for
it, so you have to have more damage to unlock Federal
assistance. So, if you can tie them together or--nobody wants a
bigger number.
So, Casey, given the record-setting fire seasons that we
have seen in 3 of the past 4 years, we are looking at--with
Butte County, but we know about your neighboring counties too,
are we at the point where we are going to have to keep needing
more and more resources to help fight these fires and begin the
long-term recovery? What are we looking at? It is pretty
discouraging.
Ms. Hatcher. It does seem to be that the frequency and
intensity is going up. And you mentioned a situation that we
had in 2017. We had two fires in the summer that didn't qualify
for a major disaster declaration from the Federal Government
and one that happened to be part of the fires that happened in
the North Bay in 2017 that did because it got grouped with it.
And they received resources and benefits that similarly sized
fires in our community didn't. But it is the consecutive nature
of the disasters and the ability for the local government to
operationalize assistance that really is at play.
When you look at Plumas County, which is where I grew up,
it is so small, and the resources that they need to help
Greenville are significant because of the size and the need of
their county. And those types of circumstances and the
consecutive nature of the disasters need to be considered when
we are taking a look at what type of assistance is provided to
communities, because we are seeing an increasing need for this
recovery and, as was mentioned earlier, an increasing need to
mitigate these types of disasters.
Mr. LaMalfa. Thank you. Appreciate it. My time is expired.
I yield back.
Ms. Titus. Thank you.
I now recognize Mr. Carter.
Mr. Carter. Thank you, Madam Chair.
A recent article in the Washington Post titled ``The Last
Days Inside Trailer 83'' detailed the last few days of a family
living in the Chico housing site. This article described the
difficulties that many wildfire survivors have finding
permanent housing after a disaster. It also describes how all
the rules and requirements in our disaster recovery program
actually affect people's everyday lives.
This story stuck with me because I saw how difficult it was
for the people in Louisiana after Katrina to get permanent
housing. Sixteen years later, we find ourselves with the same
situation with Ida. I also worry about the means for
constituents of Louisiana's Second Congressional District who
survived Ida.
What this article showed me was that no matter what
specific act of nature, whether it is a wildfire, heat wave, a
freezing spell, an earthquake, or a hurricane, those of us who
face any natural disaster face many of the same challenges
afterwards.
Mr. Phelps, any lessons learned that can be applicable to
hurricanes, moving forward from the wildfires, in the
experiences that you found yourself in?
Mr. Phelps. Thank you for that, Representative Carter. And,
first, happy birthday. I believe birthday wishes are in order
for you today, sir.
Mr. Carter. Thank you very much.
Mr. Phelps. We talk a lot about the Federal assistance and
the Federal family that comes to support you after a disaster.
We heard a little bit already about HUD and some of the
Community Disaster Block Grants that are available. That
funding needs to come sooner. We haven't yet received CDBG-DR
funding through HUD. We need to ensure that FEMA is in lockstep
with their partners in HUD.
I would recommend that they look at the model that we have
adopted here in Oregon. Days after the fires began, we
established a work group with emergency management, our Oregon
Department of Human Services, which was responsible for mass
care and the immediate sheltering needs, and the Oregon Housing
and Community Services Department, which handles housing across
the State. And we began charting out what our path would look
like for permanent housing for disaster survivors.
You don't have that same kind of relationship, I don't
think, between FEMA and HUD. To see more engagement,
interaction between those agencies earlier on in a disaster, it
avoids even the need for a handoff, which was discussed
earlier. These two agencies then are working in sync from the
beginning to identify long-term permanent housing solutions as
opposed to a stage gate process where folks are moving from
temporary shelter to intermediate housing to long-term housing.
The sooner we can get folks out of hotels, motels, or shelters
and into permanent housing, the better off our survivors and
the economic viability of our communities are going to be.
So, that would be one recommendation, ensure much closer
connectivity between FEMA and HUD early on in a disaster when
we know that hundreds of thousands of homes have been lost.
Mr. Carter. Any thoughts on how we can use the experiences
that you guys have had to establish paths to permanent housing?
Mr. Phelps. I think a lot of that is lowering some of the
barriers to accessing Federal assistance that we have talked
about already this morning and that is included in my written
testimony, ensuring that we have got case managers who
understand the complexities or the lack of affordable housing
in communities and can work in partnership with community-based
organizations, to think creatively and be innovative in how we
are siting affordable homes.
We keep putting these folks that have lost homes back into
hazard zones, whether it is moving them out of the wildland-
urban interface and into flood plains. That has got to stop. We
are just kicking the can down the road to the next disaster,
and we are putting our most vulnerable at risk.
Mr. Carter. And I think the Washington Post story really,
really zeros in on the personal side, human effect of how this
affects people when it becomes a matter of adding insult to
injury. We know that when people go through these horrific
natural disasters, they find themselves in a place where they
never could have imagined they would be. And then add further
insult to injury, when they seek help from Federal agencies,
they are treated very differently in often cases, where people
are made to have onerous requirements to prove who they are,
what they lost.
We know that fraud is a real case, but we should do things
to make it easier, more accessible for people to get resources
than to be treated like criminals when trying to get resources.
What do you think about truncating or lessening the
requirements to get these resources to people?
Mr. Phelps. It is an absolutely critical piece of this
puzzle. Again, I think FEMA has made great strides in the last
couple of months by changing their Individual Assistance policy
to reduce the barriers that folks have to show to prove home
ownership or residency. We need to see that applied across
other programs as well as folks try to access Federal
assistance.
Mr. Carter. Thank you very much. I yield back.
Ms. Titus. Thank you, Mr. Carter.
Now Mr. Guest.
Mr. Guest. Thank you, Madam Chairman.
Chief Elliott, in your report that was issued prior to your
testimony, on page 3, you talk about FEMA's role in mitigating
wildland fires. You say, ``FEMA's mitigation programs can play
an important role in helping communities prevent damage from
wildland fires.'' You talk about things such as prescribed
burns or removing hazardous fuels.
You also reference the BRIC program, the Building Resilient
Infrastructure and Communities program, and how that has the
opportunity to mitigate natural hazards. And you go on to say
that ``BRIC grants have supported programs to reduce the
biomass and hazardous fuels in the WUI and use it for
electricity generation.''
It sounds to me what you are referring to there is
generally just forest management, ways in which we can manage
the forest so that we can better prevent wildfires before those
fires begin, the old adage, ``An ounce of prevention is worth a
pound of cure.''
And so, I would ask, if you would, could you expand, Chief,
on the BRIC program, and particularly expand on the use of
things such as prescribed burns, and where you talk about the
reduction of biomass and being able to use that to generate
electricity?
Mr. Elliott. Yes, sir, and thank you for the opportunity.
So, what we are looking at from sort of a local perspective
is developing an infrastructure that makes the Federal
Government's and FEMA's efforts sustainable over the long term.
Removing fuel or active land management or active forest
management is an ongoing process, and so from our perspective,
we see the key to this as developing technologies in industries
and in some cases reinstalling industries in communities so
that we can process that biomass, to some extent make that an
economic contributor and take that liability and turn it into
an asset. And, yes, this is entirely about active land
management.
And when we talk about programs like the BRIC program,
really this goes back to the cohesive strategy, which two of
the elements there are resilient fire-resistant landscapes and
fire-adapted communities. And we have to accept the fact that
there is a fire interval on most of our lands in this country.
In other words, there is a cycle of fire that is going to come
back, and the longer we put that off through artificial
suppression, the more damaging that catastrophic fire is going
to be when those weather conditions or the fuel conditions are
bad.
So, the mitigation and the prevention efforts are
absolutely where we believe we should be focusing, because that
is going to create for our grandkids less of an issue with
wildland fire in the United States. We can't turn this around
in a year. We are doing what we can for the recovery and the
suppression, but we need to get ahead of this problem, and that
is going to be through active land management, mitigation, and
prevention.
Mr. Guest. And these forest management programs, is it your
opinion that, one, it would create a healthier forest, and then
ultimately that, in the long run, as this program continues to
play out, that we would have less damage, less destruction
because of the wildfires that are regularly occurring?
Mr. Elliott. Absolutely. All of those things done correctly
will produce a more resilient ecosystem, more resilient
landscape that we can use. And we also believe that, especially
in many communities, that this can redevelop industries or
create new technologies where those industries actually
contribute to the local communities as well, that this isn't
something we keep going back to the Federal Government for
fuels mitigation.
Mr. Guest. And when you talk about fuels mitigation, when
you talk about reduction of biomass, would that include things
such as thinning of forest land and things of that nature? If
you would just kind of explain in a little more detail, when
you are talking about those two categories more specifically,
what are you referring to?
Mr. Elliott. Yes. The caveat here is ``appropriate'':
appropriate logging, whether it be commercial or just thinning
projects, whether that be chipping projects, prescribed fire is
absolutely part of the solution. And we also look at the
reintroduction of grazing in certain lands. Again, all of this
balanced against--done in the context of what is correct and
what will actually contribute towards long-term forest health,
and, again, we are talking about grasslands and shrubsteppe as
well.
Mr. Guest. Thank you. Madam Chair, I am out of time. I
yield back.
Ms. Titus. Thank you.
I now would recognize Mr. Carbajal.
Mr. Carbajal. Thank you, Madam Chair. I want to thank all
the witnesses that are here today participating in our hearing.
Ms. Hatcher, in 2020, California experienced its worst fire
season on record as fires burned across the entire State. The
year 2021 is, again, proving that fire season is becoming year-
round, with over 2 million acres burned throughout California.
In my district, we just had the Alisal fire break out a few
days ago, on October 11. Thankfully, it is now 97 percent
contained, and I want to extend my thanks and gratitude to all
the firefighters and first responders that helped in this
effort.
While a lot of the focus centers around getting fires under
control, other important aspects are pre-fire deployment of
resources and post-fire response. From your experience in
county government, how can FEMA better support counties in
their post-fire response?
And after meeting with first responders, many have raised
the issue of the need to predeploy resources ahead of fire-
prone conditions. However, this places a cost burden on local
governments. What has been your experience in Butte County?
Ms. Hatcher. Thank you, Representative, for the question,
and I am so glad to hear the fire is becoming contained in your
community.
The post-fire resources that--the need is significant after
a wildfire, from everything to the cleanup to the housing to,
as has been mentioned here, mental health services and Disaster
Case Management support. I think one of the things that FEMA
could really do, not just right after a disaster but on an
ongoing basis, is to provide technical assistance and help
local governments to build capacity.
We had, before the Camp fire, one person in our office of
emergency management locally. And we grew that capacity to be
able to respond after the Camp fire and the 2020 North Complex
fire, but many rural and suburban communities simply don't have
those types of capacities. And I would recommend that there is
a lot of technical assistance even before a disaster strikes
that can be provided to local governments.
You also mentioned the staging of resources, and we have
seen this be an issue both before wildfires as well as other
events, storms, floods, things of this nature. I think the
flexibility of FEMA's mitigation assistance to recognize the
type of need, whether it is the clearing of fuels to prevent
disasters or whether it is the staging of resources to help to
protect life when there is a disaster, they have pretty strict
mitigation requirements that don't recognize some of those
other types of community lifelines that are in need.
Mr. Carbajal. Thank you.
Ms. KC, the Disaster Recovery Reform Act of 2018 included a
significant enhancement to FMAG assistance, authorizing post-
disaster Hazard Mitigation Grant Program assistance to help
local communities recover. However, as I have experienced this
firsthand in my district, there is an abundance of redtape that
has made these Federal dollars hard to access in many cases.
While my office was ultimately successful in working with
FEMA to ensure that over $13 million in Federal dollars were
awarded to the Santa Barbara County Flood Control and Water
Conservation District to help build a debris basin, the delays
experienced were clearly unacceptable. How can FEMA be a better
partner in helping alleviate the burden on local governments to
be able to access these resources and funds?
Ms. KC. Thank you for the question, Representative
Carbajal. I think you have heard a lot of the same, so I am
going to repeat what has been said maybe in a different way,
maybe in the same way. I think a lot of it is preplanning and
working together ahead of these disasters.
We experienced and are experiencing the same delays. We are
very thankful for those HMGP funds and the amount of funding
that is flowing through FEMA to help us recover from a
rehabilitation and revegetation side from wildfires in the
State of Nevada. But we are also experiencing those delays, and
I think part of that is the upfront planning with partners, not
just looking at the State through our emergency management, our
all-hazard mitigation plan, but State forestry agencies, local
governments.
We have plans for resource management. We know ahead of
time where fires--we can't predict where human cause starts
will happen, but we do know where fires are going to have the
greatest impact in our State, because we look at historical
data. We know where we are really dense in our forest, so we
need to look at those areas and work collectively.
We are very good at working together, land management
agencies, emergency management agencies, health departments. It
is probably time for us to expand that reach in the beginning
to work together to make sure that we are prepared, and we know
what plans are out there, and then FEMA could utilize those
plans that have been vetted by partners and worked
collaboratively to create for implementation, to expedite
implementation.
Mr. Carbajal. Thank you very much. I am out of time.
I yield back.
Ms. Titus. Thank you.
I have one question for anybody on the panel. We heard you
say that we need to put the fire survivor first. We know from
previous experience with evacuations, whether it is a hurricane
or earthquake, that many times people won't evacuate if they
can't take their animals with them, their pets. And nobody has
mentioned pets or wildlife or livestock. How does this fit into
FEMA's recovery plans? Or is it a housing problem?
Ms. Hatcher. Chair Titus, you are absolutely correct that
many times people will not evacuate unless they can take their
animals. And in Butte County, we offer large and small animal
shelters. And recently, our ag commissioner has developed a
program that allows people back into the evacuated areas to
feed commercial livestock in order to help promote the
evacuation of these areas, so that first responder personnel
can focus on fighting the wildfire instead of evacuating
individuals.
We are very pleased that FEMA reimburses this type of
assistance, and we think that they can better help facilitate
this by helping to share these types of best practices across
communities where they are being effective. It is a challenge
as shelters start to close and there aren't rental housing
units or permanent housing units for people to go with pets. It
is a challenge for getting people to move from shelters or
temporary housing assistance, though, and that is an area where
we could work with FEMA to develop some best practices.
Ms. Titus. I think that would be great. We would appreciate
that.
Can you tell us how it works in Nevada, Ms. KC?
Ms. KC. Yes. Thank you for the question, Chair Titus. It is
very similar. We work with our emergency management agencies,
our public health officials, so the response is very similar
from an evacuation of people, their pets, their livestock.
There is a lot of people that come together to ensure that
things get moved into the right areas.
One of the things that I would say upfront is when we talk
about the three tiers, the active land management, building
those resilient landscapes, fire-adapted communities, so that
is the construction in and around, and then making sure that we
have the proper suppression assets, that is the cohesive
strategy, that is how we are going to address this.
Some of FEMA's programs do address these issues. There are
lots of other programs in the Federal Government that also
address those. And so, coordination amongst those programs and
who is the right party to take on those responsibilities, we
need to make sure that that is part of our consideration as we
are moving into these disasters.
And just coordinating and planning ahead, you wouldn't
think about this necessarily, but a lot of the fires that have
been discussed today that happened in California had
significant impacts into the State of Nevada, both from
evacuees that came into the State of Nevada and have moved here
permanently. So, our housing market has been affected.
We have been building more and more houses into the
wildland-urban interface, trying to create affordable housing
where people can live, and so we are just kind of increasing
our risk here. So that coordination needs to happen, not only
within the State and amongst the State and Federal, local
government agencies, but also across State lines where we are
going to have impacts.
Ms. Titus. Well, one of the things we have heard throughout
the morning is this need for an all-of-Government approach. One
group that is also involved when businesses are affected is the
Small Business Administration. So, when we are looking at who
we need to coordinate with and who needs to be at the table,
and as we try to revise some of these provisions you all have
suggested, we want to be sure that that is the case and we
don't leave anybody out.
I would argue that you also need to have some
environmentalists at the table because that is where you are
going to hear some of the opposition to some of the more
extreme forest management issues, where it comes to endangered
species, et cetera.
Anybody want to comment on that?
Mr. Elliott. This is Rich Elliott. Yes, we have been
working to try and create some level of balance, because,
obviously, the rules that exist today exist for reasons. And
so, we need to take a more balanced approach when we talk about
active land management and make sure that what we are doing to
the land actually contributes to the long-term health of that
ecosystem.
If we can pair that with an economic benefit to the
community in terms of specific kinds of logging, grazing, those
types of things, that is an added benefit. But obviously this
has to be about restoring balance to our ecosystem across the
U.S.
And what we are seeing is, maybe it is weather patterns
but, you know, we certainly have a drought in the West, but our
ecosystems are stressed. And when they are stressed, even if it
is a traditionally more wet area, it only takes a few degrees
over a few years or a few percentage points in RH and suddenly
something will burn when it wouldn't normally burn.
And those are the kinds of realities that we are facing.
And, absolutely, this needs to be a very balanced approach, but
it needs to--there is probably going to need to be some
compromise on both sides. No logging, no grazing has not been a
good policy. Putting out every fire has not been a good policy
over the last 110 years, and we need to shift a little bit.
And probably developing in certain areas hasn't been a good
national policy, that we create risk in areas that we know are
going to burn catastrophically just due to their topography and
their vegetation, regardless of what kind of land management we
do.
Ms. Titus. Well, thank you, Chief.
As we wind up this morning, I have heard some things
repeated throughout all the questions and the answers. We need
more coordination and cooperation, an all-of-Government
approach. We need flexibility, one size doesn't fit all among
the programs and relief. We need to review the needs and
perhaps expand what services are available, and that includes
everything from mental health to paying highway repair. We need
mitigation and prevention, not just recovery efforts. And we
need to do this quickly because the situation is getting worse,
and it is becoming an existential issue.
So, I thank all of you for your testimony. We really
appreciate it.
Mr. Webster, anything you want to add?
Mr. Webster. I will just say, you summed it up well. All
these things are more expansive than we would ever think.
Floods are more than just water. It is all kinds of things. And
the same with hurricanes, fires, and so forth. So, thank you
for this hearing. It has really been great.
Ms. Titus. Thank you, Mr. Webster.
Also, I would ask unanimous consent to insert into the
hearing record the statement from the National Low Income
Housing Coalition. Without objection.
And is there another one, you said?
And also, I would like unanimous consent to insert into the
hearing record a statement from the Western Governors'
Association. That would include our Governor Sisolak.
[The information follows:]
Statement of the National Low Income Housing Coalition, Submitted for
the Record by Hon. Dina Titus
Chairman DeFazio, Ranking Member Graves, Subcommittee Chairwoman
Titus, Subcommittee Ranking Member Webster, and members of the
subcommittee, thank you for the opportunity to submit a statement for
the record on ways to ensure that our nation's disaster housing
recovery and response efforts address the unique and often overlooked
needs of the lowest-income and most marginalized survivors, including
people of color, people with disabilities, people experiencing
homelessness and others.
The National Low Income Housing Coalition (NLIHC) is dedicated
solely to achieving socially just public policy that ensures people
with the lowest incomes in the United States have affordable and decent
homes. NLIHC leads the Disaster Housing Recovery Coalition of more than
850 national, state, and local organizations, including many working
directly with disaster impacted communities and with first-hand
experience recovering after disasters. We work to ensure that federal
disaster recovery efforts prioritize the housing needs of the lowest-
income and most marginalized people in impacted areas.
NLIHC has worked on disaster housing recovery since Hurricane
Katrina, and from this experience, we have come to a simple conclusion:
America's disaster housing recovery system is fundamentally broken and
in need of major repair and reform. It is a system that was designed
for middle-class people and communities--a system that never
contemplated, and so does not address, the unique needs of the lowest-
income and most marginalized people. Because of this fundamental design
flaw, these families are consistently left behind in recovery and
rebuilding in disaster after disaster. The disaster recovery system not
only ignores the needs of the lowest income people, but it exacerbates
many of the challenges they faced prior to the storm: disaster response
and recovery often worsens the housing crisis, solidifies segregation,
and deepens inequality.
When disasters strike, the lowest-income and most marginalized
survivors are often hardest hit. They have the fewest resources and
face the longest, steepest path to recovery. Despite the clear need,
federal efforts frequently leave these survivors without the assistance
needed to recover and leave their communities less resilient to future
disasters. Without this critical assistance, many of the lowest-income
and most marginalized survivors return to uninhabitable homes, sleep in
cars or at shelters, double- or triple-up with other low-income
families, or pay more than half of their limited incomes on rent,
putting them at increased risk of displacement, eviction, and, in worst
cases, homelessness.
These barriers and opportunities are reflected in ``Fixing
America's Broken Disaster Housing Recovery System,'' a two-part report
published by NLIHC and Fair Share Housing Center of New Jersey.
Our policy recommendations reflect nine core principles that should
guide our country's disaster housing response and recovery:
1. Recovery must be centered on survivors with the greatest needs
and ensure equity among survivors, especially for people of color, low-
income people, people with disabilities, immigrants, LGBTQ people, and
other marginalized people and communities;
2. Everyone should be fairly assisted to fully and promptly
recover through transparent and accountable programs and strict
compliance with civil rights laws, with survivors directing the way
assistance is provided;
3. Securing help from government must be accessible,
understandable, and timely;
4. Everyone in need should receive safe, accessible shelter and
temporary housing where they can reconnect with family and community;
5. Displaced people should have access to all the resources they
need for as long as they need to safely and quickly recover housing,
personal property and transportation;
6. Renters and anyone experiencing homelessness before the
disaster must quickly get access to quality, affordable, accessible
rental homes in safe, quality neighborhoods of their choice;
7. All homeowners should be able to quickly rebuild in safe,
quality neighborhoods of their choice;
8. All neighborhoods should be free from environmental hazards,
have equal quality and accessible public infrastructure, and be safe
and resilient; and
9. Disaster rebuilding should result in local jobs and contracts
for local businesses and workers.
These core principles and the following policy recommendations
should serve as a guidepost for this committee and other federal
policymakers as you work to reform our nation's disaster housing
recovery framework.
Barriers to an Equitable Housing Recovery
After a disaster, including wildfires, displaced families must have
a safe, accessible, and affordable place to live while they recover.
FEMA programs can provide crucial assistance to help survivors recover
from a disaster by providing temporary shelter and financial assistance
and making basic structural repairs to homes. However, FEMA created
unnecessary and often insurmountable barriers to accessing these
programs, leaving many low-income survivors at increased risk of
displacement, eviction, and, in worst cases, homelessness.
FEMA programs are not designed to serve lower-income people with
the greatest needs; these households are consistently denied
assistance. For example, nearly 95% of applicants for recovery
assistance after the 2020 wildfire season were denied assistance by
FEMA.\1\ After the 2020 wildfire season in Oregon, FEMA had denied 70%
of non-fraudulent claims.\2\ This effect occurs during other disasters
as well. Applicants for assistance with the lowest incomes were denied
FEMA Individual Assistance (IA) at very high rates after Hurricane
Harvey. The vast majority of higher-income households were approved \3\
(see Figure 1).
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\1\ McMinn S. 2021. FEMA Rejected 95% of Aid Applicants During
California's Last Wildfire Disaster. Why?. Retrieved from https://
www.npr.org/2021/07/02/1011877546/fema-rejected-95-of-aid-applicants-
during-californias-last-wildfire-disaster-why
\2\ McMinn S. 2021. As Western Wildfires Worsen, FEMA is Denying
Most People Who Ask for Help. Retrieved at: https://www.npr.org/2021/
07/01/1010897265/as-western-wildfires-worsen-fema-is-denying-most-
people-who-ask-for-help
\3\ Adams, A. 2018. Low-income Households Disproportionately Denied
by FEMA Is a Sign of a System that is Failing the Most Vulnerable.
Retrieved from https://texashousers.org/2018/11/30/low-income-
householdsdisproportionately-denied-by-fema-is-a-sign-of-a-system-that-
is-failing-the-most-vulnerable/
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figure 1.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Although the early available data from FEMA's response to Hurricane
Ida show an improvement in IA eligibility rates overall, data from
other disasters in 2021 show similar denial rates to the past disaster
responses. Further analysis and access to granular application
information will be needed to determine if this trend holds for
applications by lower-income disaster survivors.
FEMA's Failure to Address Housing Needs
Despite the clear need, FEMA housing programs neglect the housing
needs of America's lowest-income disaster survivors and exacerbate
housing insecurity. Without the affordable and accessible homes
survivors need, many return to uninhabitable homes, sleep in cars or
tents, stay at shelters, double- or triple-up with other low-income
families, or pay more than half of their limited incomes on rent,
putting them at increased risk of eviction and, in worst cases,
homelessness.
Research from NLIHC demonstrates that disasters exacerbate the
existing rental housing crisis for households with the lowest
incomes.\4\ After Hurricane Sandy, households already dealing with
housing instability were further destabilized through displacement and
increased rents. Two years after Sandy, few new affordable homes had
been completed yet survivors were no longer eligible for federal rental
assistance.\5\
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\4\ National Low Income Housing Coalition. 2019. Long-term Recovery
of Rental Housing: A Case Study of Highly Impacted Communities in New
Jersey after Superstorm Sandy. Retrieved from https://nlihc.org/sites/
default/files/Sandy-Rental-Recovery-Report.pdf
\5\ Fair Share Housing Center, Latino Action Network & NAACP New
Jersey State Conference. 2015. The State of Sandy Recovery (Second
Annual Report). Retrieved from http://fairsharehousing.org/images/
uploads/State_of_Sandy_English_2015.pdf
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The impact of disasters on low-income people's housing needs is
made worse by FEMA's continued refusal to activate the Disaster Housing
Assistance Program (DHAP), rendering some survivors homeless.\6\ During
past disasters, both Republican \7\ and Democratic \8\ \9\
administrations upheld DHAP as a best practice for disaster housing
recovery. DHAP was created after hard-won lessons from Hurricane
Katrina, and it has been used successfully in some major disasters
since that time. Under DHAP, displaced families receive longer-term
direct rental assistance and case management services provided by local
housing professionals with extensive knowledge of the local housing
market. This assistance helps families find permanent housing
solutions, secure employment, and connect to public benefits as they
rebuild their lives.\10\
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\6\ National Low Income Housing Coalition. 2018. Setting the Record
Straight: FEMA's Failure to Address LongTerm Housing Needs of
Survivors. Retrieved from https://nlihc.org/sites/default/files/
FEMA_Setting-The-RecordFEMA-TSA.PDF
\7\ Homeland Security and Counterterrorism. 2006. The Federal
Response to Hurricane Katrina: Lessons Learned. Retrieved from https://
permanent.access.gpo.gov/lps67263/katrina-lessons-learned.pdf
\8\ Federal Emergency Management Agency. 2009. National Disaster
Housing Strategy. Retrieved from https://www.fema.gov/media-library-
data/20130726-1819-25045-9288/ndhs_core.pdf
\9\ Federal Emergency Management Agency. 2011. National Disaster
Recovery Framework: Strengthening Disaster Recovery for the Nation.
Retrieved from https://www.fema.gov/pdf/recoveryframework/ndrf.pdf
\10\ National Low Income Housing Coalition. 2017. Disaster Housing
Assistance Program. Retrieved from https://nlihc.org/sites/default/
files/DAHP-Program.pdf
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After recent disasters, FEMA instead relied on its Temporary
Shelter Assistance (TSA) program and other programs that are
inaccessible to many low-income survivors. TSA is intended to reduce
the number of survivors in congregate shelters by covering the cost of
staying in an approved hotel or motel for an initial period of up to 14
days. Once again, this is a program better suited to middle-class
households than to low-income people.
Low-income families are often unable to access TSA motels due to
financial and other barriers, including the practice of motels charging
daily ``resort'' fees and requiring security deposits or credit cards.
Because TSA must be renewed every 14 days, those disaster survivors who
are able to access the program face arbitrary deadlines that cause them
to scramble to submit required paperwork or leave the motel before
finding a permanent housing solution. While FEMA is authorized to
provide TSA for at least 18 months, the Trump administration abruptly
terminated \11\ the program for nearly 2,000 Puerto Rican families
displaced to the mainland after Hurricane Maria, forcing them to find
alternative housing or to return to their uninhabitable homes on the
island with just a few hours' notice. Without DHAP, states that
received large numbers of displaced Puerto Rican survivors--including
Massachusetts and Connecticut--saw increased homelessness by 14 percent
and 17 percent respectively.\12\ \13\
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\11\ National Low Income Housing Coalition. 2018. NLIHC's Response
to Court Ruling Allowing FEMA to Move Forward on Evicting Hurricane
Maria Survivors. Retrieved from https://nlihc.org/news/nlihcs-response-
courtruling-allowing-fema-move-forward-evicting-hurricane-maria-
survivors
\12\ Martin, T. 2019. After a Long Road, Hurricane Maria Evacuees
Settle in Massachusetts. Retrieved from https://www.wgbh.org/news/
local-news/2019/01/23/after-a-long-road-hurricane-maria-evacuees-
settle-in-massachusetts
\13\ Skahill, P. 2018. Hurricane Maria Drives Up Connecticut's
Homelessness Numbers. Retrieved from https://www.wnpr.org/post/
hurricane-maria-drives-connecticuts-homelessness-numbers
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To date, the Biden administration has failed to activate DHAP for
survivors of Hurricane Ida and other major disasters.
FEMA's other temporary housing assistance programs--Rental
Assistance and Direct Temporary Housing Assistance--are also
problematic for low-income families. Through its Rental Assistance
program, FEMA provides financial assistance to survivors to rent
temporary housing. The amount of assistance provided to survivors is
based on the impacted area's Fair Market Rent (FMR), which is often
considerably less than rental costs in the area to which survivors have
been displaced. Moreover, FEMA rental assistance covers rent and
utilities for only two months at a time, which is too short a timeframe
for many of the lowest-income survivors. Many landlords are often
unwilling to enter into leases with survivors when only two months of
rental assistance is assured.
Under FEMA's Direct Lease program, FEMA enters into lease
agreements with property owners to provide rent assistance for
survivors. A similar program, the Multi-Family Lease and Repair
program, allows FEMA to enter into lease agreements with multifamily
housing property owners and to make repairs to provide temporary
housing. Both programs, however, have extremely low rates of
participation by property owners and are inadequate to meet post-
disaster rental needs.\14\
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\14\ AP. 2020. FEMA Looks to Provide Hurricane Victims Temporary
Housing. Retrieved from: https://apnews.com/article/louisiana-
9541dafbac6b890535bb21dc58844d29
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After Hurricane Harvey, FEMA piloted a program where states take on
the responsibility of implementing and managing temporary housing
programs. These state-run disaster housing programs face significant
delays and do not address the full scale of housing needs because FEMA
continues to retain control over eligibility and the program-assignment
process. According to FEMA, only a few hundred families were served
under state-administered housing programs following Hurricanes Harvey
and Irma, despite damage to or destruction of more than 307,000 homes
in Texas \15\ and 65% of all homes in the Florida Keys.\16\ Other
programs like Multifamily Lease and Repair were wholly unsuccessful
because property owners declined to participate.
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\15\ CBS News. 2019. We're Still Here: Volunteers Rebuilding Homes
2 Years After Hurricane Harvey. Retrieved from https://www.cbsnews.com/
news/hurricane-harvey-houston-meet-the-volunteers-rebuilding-homes-all-
handshearts-2019-08-24/
\16\ CNN. 2017. Florida Official: Death toll rises to 12 in state,
Retrieved from: https://www.cnn.com/2017/09/12/us/irma-damage-
aftermath/index.html
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A similar situation is currently occurring in Louisiana during the
aftermath of Hurricane Ida. FEMA is reimbursing state-level agencies to
provide travel trailers to disaster survivors to utilize prior to the
deployment of FEMA Temporary Housing Units (THUs)--which typically take
four months to deploy. While the state has procured hundreds of travel
trailers, few families have received them as of this writing. In the
meantime, disaster survivors are being encouraged to sleep in tents on
their properties or utilize large tent encampments in several locations
around Southeast Louisiana.\17\
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\17\ Muller, W. 2021. As trailers trickle in, push for temporary
housing continues 6 weeks after Hurricane Ida. Retrieved from https://
www.houmatoday.com/story/news/2021/10/16/trailers-trickle-in-push-
temporary-housing-continues-6-weeks-after-hurricane-ida/8468315002/
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Due to the lack of housing assistance, one year after Hurricane
Harvey nearly 20% of individuals experiencing homelessness in Houston
reported that they became homeless as a result of the disaster.\18\
Without DHAP, homelessness increased in Houston by 18%.\19\ This is a
colossal failure of the federal government's disaster recovery efforts.
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\18\ Vigh, E. 2019. Hurricane Harvey Caused Homelessness Lingers in
Harris County 2 Years Later. Community Impact. Retrieved from https://
bit.ly/3hEvKHW
\19\ Ward, A. 2018. Homeless after Harvey: For Some, the Historic
Flooding in Houston Washed Away Shelter and Security. Retrieved from
https://www.houstonchronicle.com/news/houstonweather/hurricaneharvey/
article/Homeless-after-Harvey-For-some-the-historic-13171309.php
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Due to the rural nature of many areas struck by wildfires, FEMA
housing programs are even more disadvantaged. While areas suitable for
THU deployments are abundant in such areas, the units must be hooked up
to utilities and other infrastructure in order for them to be
inhabitable. Creating or replacing such infrastructure is time-
consuming, leading to large delays in temporary housing assistance that
allowed disaster survivors to become homeless. Five months after the
Camp Fire destroyed 14,000 homes in Butte County California, FEMA had
yet to set up THU's for disaster survivors.\20\ As a result, nearly
19,000 Camp Fire survivors moved to Chico, California, overwhelming the
city's social service systems and exacerbating the housing crisis
across the region.\21\
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\20\ Rittiman, B. 2019. FEMA `will not address all housing needs'
for Camp Fire Survivors. Retrieved from: https://www.abc10.com/article/
news/local/wildfire/fema-will-not-address-all-housing-needs-for-camp-
fire-survivors/103-3a323e14-752e-4716-98eb-e7bfbf367120
\21\ Wade, M. 2019. City of Chico `Overwhelmed' By Influx of Camp
Fire Survivors. Retrieved from: https://www.abc10.com/article/news/
city-of-chico-overwhelmed-by-influx-of-camp-fire-survivors/103-
3bb43c11-124a-4742-8278-3b8b6af08648
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During the current COVID-19 pandemic, FEMA should have activated
DHAP to provide housing and shelter for people experiencing
homelessness. DHAP could have been used to quickly move people out of
congregate shelters or encampments and into affordable homes, where
they can more easily keep themselves and their neighbors healthy.
Instead, FEMA has worked with some states and localities under its
Public Assistance program to place a very limited number of people
experiencing homelessness into temporary motels for self-quarantine and
self-isolation.
Before Public Assistance funding for these motels end, FEMA should
activate DHAP to help transition these individuals into permanent
housing, rather than allowing individuals to be pushed back into
homelessness as is already beginning to happen. For example, after
funding for a hotel voucher program in Fort Lauderdale, Florida ran out
on July 17, over 70 people experiencing homelessness who had been
temporarily residing at a Rodeway Inn & Suites were forced to leave,
even if they did not have a permanent housing plan.\22\
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\22\ Kelley, E. 2020. Fort Lauderdale Ending Program to House
Homeless in Hotels This Weekend. Retrieved from https://www.sun-
sentinel.com/coronavirus/fl-ne-fort-lauderdale-evicts-homeless-
20200717-h5vjhwlndnf6batks4rgegk3va-story.html
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FEMA Neglects the Needs of Marginalized Populations
People Experiencing Homelessness
People experiencing homelessness are often most at risk during a
wildfire or other disaster and have the fewest resources to recover.
People experiencing homelessness are unlikely to have the resources
needed to adequately prepare for or evacuate prior to a disaster, and
their unique needs are often overlooked by emergency managers when
planning for disasters. During the recovery, homelessness resources are
stretched thin to accommodate those households that became housing
insecure as a result of the disaster and resources for pre-disaster
homeless populations are deprioritized. Communities are often unable to
return to the level of care provided to people experiencing
homelessness before the disaster.
Given the level of homelessness prevalent in many areas at risk of
wildfires, the failure to integrate individuals experiencing
homelessness within the disaster response and recovery framework is
even more dangerous. In fact, individuals experiencing homelessness are
often unjustly blamed for starting wildfires, placing them at even more
risk of imprisonment and harassment.\23\
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\23\ French, P. 2021. Banning the Homeless Won't Keep California
From Burning. Retrieved From: https://newrepublic.com/article/163739/
los-angeles-homeless-encampments-wildfire
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Despite the clear need, people experiencing homelessness are often
excluded from or face additional barriers to FEMA resources, including
mass shelters and individual assistance. Following Hurricane Irma,
there were reports of people experiencing homelessness being forced to
wear armbands and be separated from other disaster survivors.\24\ Pre-
disaster homeless populations are often denied FEMA assistance, even if
all their belongings were destroyed in the disaster.\25\ These actions
further stigmatize people experiencing homelessness and often prevent
them from accessing the resources they need to stay safe.
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\24\ Dearen, J., & Kennedy, K. 2017. Yellow Wristbands, Segregation
for Florida Homeless in Irma. Retrieved from https://www.usnews.com/
news/us/articles/2017-09-29/yellow-wristbands-segregation-for-florida-
homeless-in-irma
\25\ Ehrlich, A. 2019. After Wildfires, Homeless People Left Out of
Federal Disaster Aid Programs, Oregon Public Broadcasting. Retrieved
from https://www.opb.org/news/article/fema-disaster-aid-wildfires-
homeless-people/
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During the current COVID-19 pandemic, people experiencing
homelessness are particularly at risk of severe illness and death from
coronavirus, yet many of these individuals have been unable to access
the assistance they need to self-isolate and self-quarantine.
Narrow eligibility criteria for FEMA reimbursement, however,
created significant barriers to moving people experiencing homelessness
to safety in hotels and motels. In San Francisco, for example, people
experiencing homelessness must be over the age of 60 or have documented
underlying health conditions in order to be deemed eligible. This
narrow interpretation of eligibility criteria has limited the
efficiency of San Francisco's hotel program.\26\ Additionally, FEMA
reimbursement of non-congregate shelter for people experiencing
homelessness is only made available if a Governor requests it; people
who are homeless in states with governors who do not prioritize their
needs are left with no assistance.
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\26\ Karlis, N. 2020. How Bureaucracy Kept the Bay Area from
Housing the Houseless. Retrieved from https://www.salon.com/2020/06/21/
how-bureaucracy-kept-the-bay-area-from-housing-the-houseless/
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Seniors and People with Disabilities
People with disabilities face barriers to assistance. They are two
to four times more likely to die or sustain a critical injury during a
disaster than people without disabilities.\27\ Despite an increased
risk of death and injury, many emergency plans do not address how local
officials can reach those with disabilities during a disaster. People
with disabilities are often diverted to ``special needs'' or ``medical
shelters,'' even if they do not require the level of care provided
there. This practice fosters forced institutionalization and places
people with disabilities at greater risk of injury or death.
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\27\ Timmons, P. ``Disaster Preparedness and Response: The Special
Needs of Older Americans,'' Statement for the Record, Special Committee
on Aging, U.S. Senate, September 20, 2017, available at https://
www.aging.senate.gov/imo/media/doc/SCA_Timmons_09_20_17.pdf.
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Individuals with disabilities struggle to evacuate from
wildfires.\28\ One reason for this is that emergency notifications
commonly lack accessibility for those with disabilities. Text-only or
audio-only messages can often fail to be understood and failures to
provide American Sign Language interpreters for emergency press
conferences can leave many in the dark. Given the rapid nature of
wildfires and the split-second evacuation needs, such messages should
be uniform and provided with all accessibility measures necessary for
individuals with disabilities to fully comprehend to such messages and
react.
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\28\ Morris, A. 2021. We Didn't Have a Plan: Disabled People
Struggle to Evacuate from Wildfires. Retrieved from https://
www.nytimes.com/2021/09/12/us/wildfires-disabled-people-evacuation.html
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The consequences of failure is clear from experiences during recent
hurricanes. During Hurricane Harvey, elderly residents in a Galveston,
Texas nursing home were photographed with floodwaters up to their
waists,\29\ and 14 nursing home residents in the largely unregulated
state nursing home industry died in 2017 from heat exhaustion when
their facility lost power in Hurricane Irma.\30\ The COVID-19 pandemic
has devastated people residing and working in nursing homes,
psychiatric hospitals, and other congregate settings for people with
disabilities. People living in these settings comprise less than 1% of
the U.S. population, but nearly 50% of coronavirus deaths.\31\
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\29\ Ferguson, J. W. 2017. Eighteen People Rescued from Flooded
Assisted Living Facility. Retrieved from https://www.galvnews.com/news/
free/article_e1ffff8e-435d-5c78-ab46-57d6bc7dc6a5.html
\30\ CNN. 2017. Husband and Wife Among 14 Dead After Florida
Nursing Home Lost A/C. Retrieved from https://www.cnn.com/2017/10/09/
health/florida-irma-nursing-home-deaths-wife/index.html
\31\ Mizner, S. 2020. COVID-19 Deaths in Nursing Homes are not
Unavoidable--They are the Result of Deadly Discrimination. Retrieved
from https://www.aclu.org/news/disability-rights/covid-19-deaths-in-
nursing-homes-are-not-unavoidable-they-are-the-result-of-deadly-
discrimination/
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Immigrants and People with Limited English Proficiency
Individuals with limited English proficiency often face difficulty
in accessing FEMA resources. For example, in Puerto Rico, FEMA
struggled to find translators or provide basic information in Spanish,
which is the predominant language on the island.\32\ While FEMA's
regulations require that such documents are produced, advocates
commonly express concern that the agency and its grantees regularly
distribute forms only in English or with limited translated versions.
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\32\ Davidson, J. 2020. How a lack of diversity at federal agencies
can have serious consequences. Retrieved from https://
www.washingtonpost.com/politics/how-a-lack-of-diversity-at-federal-
agencies-can-have-serious-consequences/2020/02/29/ceec904e-5a65-11ea-
8753-73d96000faae_story.html
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Given the agriculture nature of many areas that experience
wildfires, immigrant agricultural workers commonly experience the brunt
of such disasters. The failure of emergency response systems to include
translated information on assistance, shelters, and other recovery
information seriously precludes such households from accessing
assistance. In addition, the continued persecution of such populations
based on their immigration status often creates a culture of fear that
prevents such households from calling for help and receiving emergency
messaging even if it is translated. Many farmworkers are unaware of
approaching wildfires with many only learning of the danger upon
actively seeing the wildfire and fleeing.\33\
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\33\ NPR. 2015. ``Farm Workers in Wildfire Areas Aren't Always
Aware of Evacuation Plans.'' Retrieved from https://www.wkyufm.org/
post/farm-workers-wildfire-areas-arent-always-aware-evacuation-
plans#stream/0
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Onerous Title Documentation Requirements
For decades, eligible applicants were wrongfully denied FEMA
assistance due to inflexible and arbitrary requirements, rigid
interpretations of rules, and confusing and bureaucratic processes.
FEMA consistently requires disaster survivors to provide title
documentation in order to prove eligibility for the agency's Individual
Assistance (IA) \34\ program and other recovery aid, even though its
own guidance on Individual and Household Assistance allows alternative
documentation of ownership. Low-income homeowners, residents of
manufactured housing, renters without written leases, and other
individuals frequently lack such documentation or the ability to
quickly procure proper documents. FEMA's rigid and unnecessary policy
has harmed low-income disaster survivors since at least 1995.
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\34\ Individual Assistance (IA) programs provide financial and
program assistance directly to disaster survivors, as opposed to
governments or eligible nonprofits. See: https://www.fema.gov/media-
library-data/1565194429982-5674cd81399feaeb00cc72ab7fc4d84f/FACTSHEET
IndividualAssistanceProgram.pdf
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After Hurricane Maria, FEMA denied assistance to at least 77,000
survivors due to title documentation issues.\35\ For months, NLIHC's
Disaster Housing Recovery Coalition pushed FEMA to remove this
unnecessary obstacle to low-income Puerto Ricans receiving needed
assistance. Finally, FEMA's Office of Chief Counsel engaged and worked
with DHRC members Ayuda Legal Huracan Maria, Fundacion Fondo de Accesso
a la Justicia, and Servicios Legales de Puerto Rico to prepare a
``sworn statement'' that would allow Puerto Rican homeowners without
title documents to prove ownership of their homes so that they can
receive the assistance to which they are entitled. While FEMA allowed
survivors to use this method to apply for assistance, FEMA refused to
make the sworn statement available on its website or on social media.
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\35\ National Low Income Housing Coalition. 2019. Impact of
Hurricane Maria. Retrieved from https://nlihc.org/sites/default/files/
Hurricane-Impact-Maria.pdf
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These same issues occurred in the continental U.S. In North
Carolina and other parts of the American South, rural, historically
African American communities often do not use title systems, instead
implementing informal systems like those used in Puerto Rico. After
Hurricane Katrina, thousands of poor Alabamians were denied assistance
due to lack of formal title on their damaged homes. After Hurricane
Michael, FEMA denied assistance to as many as 50% of applicants in
certain parts of the panhandle largely due to elderly households and
mobile homeowners lacking FEMA-required title documentation.\36\ After
California's wildfires, FEMA denied assistance to 70% of applicants due
to title issues.\37\ Those denied were predominantly rural mobile
homeowners, many of them farmworkers or other low-income workers, who
do not have title to their homes. In all cases, FEMA refused to modify
its programs to accommodate the situation, choosing instead to deny
eligible applicants needed assistance to which they were entitled.
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\36\ National Low Income Housing Coalition. 2019. Impact of
Hurricane Michael. Retrieved from https://nlihc.org/sites/default/
files/Hurricane-Impact-Michael.pdf
\37\ National Low Income Housing Coalition. 2019. Impact of the
2018 California Wildfires. Retrieved from https://nlihc.org/sites/
default/files/Califonia-Wildfire-2018.pdf
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Work to reform FEMA's harmful policy began with efforts by NLIHC,
disaster survivors, and partners in Louisiana, Alabama, and Mississippi
after Hurricane Katrina, and they were continued by the DHRC and
advocates in Texas and Florida after Hurricanes Harvey and Michael, in
California after several wildfires, and in Puerto Rico in the aftermath
of Hurricane Maria.
After sustained advocacy, FEMA issued substantial changes in
September 2021 to how it conducts verification for occupancy and
ownership of disaster damaged homes.\38\ Under FEMA's new policy, these
survivors can now self-certify ownership of their homes when they do
not have other documentation, overcoming a major hurdle to recovery.
FEMA will also allow all survivors to submit a broader array of
documents to prove occupancy and ownership of their homes. These
changes are much needed and long overdue. In addition, attention must
be given to the implementation of these rules, which anecdotally have
not been applied evenly in the response to Hurricane Ida.
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\38\ NLIHC. 2021. FEMA Announces Major Improvements for Low-Income
Disaster Survivors. Retrieved from: https://nlihc.org/resource/fema-
announces-major-improvements-low-income-disaster-survivors
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Disincentives to apply for assistance like title documentation
requirements and resulting high denial rates not only limit immediate
assistance for low-income survivors, but also distort the entire
disaster recovery process because IA application data is used to make
funding determinations throughout the federal disaster recovery
process.
FEMA's Systemic Lack of Transparency
FEMA has consistently refused to clarify or make public important
information about its aid application process. By not releasing this
information, FEMA makes it difficult, if not impossible, to determine
who is eligible to receive assistance and why assistance is denied. A
confusing appeals process leads to higher denial rates for low-income
disaster survivors.
While FEMA, SBA, and HUD offer assistance programs to disaster
survivors, basic information on program eligibility is not made
publicly available. Without such information, disaster survivors often
apply to all programs with the hopes that at least some assistance will
be provided. For low-income individuals who may lack internet or phone
access or who may need special accommodations to allow them to apply,
completing multiple applications can be especially problematic. As a
result, many of the disaster survivors with the lowest incomes forgo
applying for assistance all together, despite their need.
FEMA has consistently refused to give survivors reasons upfront for
denials or opportunities for applicants to correct errors or provide
more information. Instead of receiving guidelines or clarification from
FEMA, survivors and advocates must work through a lengthy
administrative process in order to be given a reason for their denial.
The lack of clarity makes it more difficult for assistance
organizations attempting to inform and assist low-income survivors
after a disaster. As a result, appeals take longer and are more costly.
The FEMA appeals process is confusing and difficult. A denied
applicant must first submit a form explaining the dispute and providing
supporting documentation. FEMA denial letters, however, provide only
very vague reasons for the initial denial of assistance. The denied
applicant must refute all possible interpretations of the reason, or
they will lose their appeal. As a result, low-income survivors with
little access to legal representation or the money for a protracted
legal fight simply do not appeal at all.
It is extremely difficult to access basic data about FEMA programs
and processes. Freedom of Information Act (FOIA) requests to FEMA often
go months or years without being answered. NLIHC filed a FOIA request
in December 2018 requesting basic materials, including FEMA's
application for assistance, procedure manuals for determining
eligibility, and data sharing agreements with HUD and other federal
agencies. To date, FEMA has not provided these materials. In other
cases, FEMA refuses to provide basic information, claiming grounds of
privilege. In recent years, some progress has been made with the
release of data after major disasters through FEMA's OpenFEMA portal.
These changes, while a welcome development, are not enough and may not
be continued.
FEMA's Inflexibility and Inability to Adjust to New Conditions
Climate change means wildfires and other disasters are more
destructive, more frequent, and impact a broader geographic scope,
posing new challenges for FEMA and disaster recovery efforts. FEMA is
not adapting its thinking or its programs to respond to these
challenges, instead sticking to a rigid system of disaster aid and
recovery based on responding to contained local disasters. FEMA has
little capacity to effectively deal with both large, regional disasters
and the unique circumstances and needs of a specific community impacted
by a disaster.
FEMA has a rigid allegiance to protocol over outcomes, a stubborn
reliance on programs inaccessible to low-income survivors and
repeatedly refuses to release important data on recovery outcomes. FEMA
relies heavily on protocol written in Washington, D.C. and not on what
the agency hears from advocates, survivors, FEMA employees in the
field, and other stakeholders. FEMA systems are not designed to adapt
to situations on the ground. As a result, predictable issues repeatedly
arise after each disaster and go unaddressed by the agency, further
harming low-income survivors.
FEMA has consistently failed to learn larger lessons from past
disasters and apply them to future disaster recovery efforts. FEMA's
own internal watchdog, the Department of Homeland Security Office of
the Inspector General, removed criticisms from reports on the agency's
disaster response and replaced them with success stories, praising
FEMA's work.\39\ As a result of this lack of internal critique and
self-adjustment, FEMA repeats the same mistakes, and does similar harm,
disaster after disaster.
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\39\ U.S. Department of Homeland Security Office of Homeland
Security. 2019. Special Report: Review Regarding DHS OIG's Retraction
of Thirteen Reports Evaluating FEMA's Initial Response to Disasters.
Retrieved from https://www.oversight.gov/sites/default/files/oig-
reports/OIG-19-41-May19.pdf
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Equitable Solutions Centered on the Needs of Survivors
A reformed disaster housing recovery system that is centered on the
needs of the lowest-income and most marginalized survivors and their
communities must ensure opportunities for resident and public
engagement, systemic transparency, full accountability and due process,
robust equity and civil rights enforcement, fair mitigation practices,
and a focus on increased local capacity and benefit. These priorities
must be reflected in every stage of disaster recovery and response,
from pre-disaster emergency planning through long-term recovery and
post-recovery mitigation, to help address the systemic racism and
classism that have resulted in our broken current disaster housing
system.
Resident and Public Participation
A reformed disaster housing recovery and response framework must
ensure robust, ongoing, and timely opportunities for public engagement
through structured collaboration with stakeholders beginning with
emergency planning and response and continuing through the closeout of
recovery and mitigation programs. Residents must be empowered to make
decisions for themselves and their communities, and their input must be
given substantial weight.
Current disaster housing response and recovery efforts effectively
limit opportunities for impacted residents to meaningfully engage and
contribute to the rebuilding of their communities after a disaster.
State officials are under enormous pressure to respond and rebuild as
quickly as possible, often making any public input process rushed and
ineffective. Engagement is often limited because residents are unaware
of emergency response, rebuilding, and mitigation plans, whether
because state officials fail to announce public meetings or because
materials are provided only in English or in formats that are not
accessible, including to people with disabilities. Moreover, plans
often do not include essential information--including information about
how funds will be spent and who will be eligible for which funds--that
is needed for the public to engage effectively. Opportunities for
engagement are limited, irregular, and occur too late in the process.
Systemic Transparency
Basic, essential information about federal disaster response and
recovery efforts must be made publicly available in a timely manner.
This transparency must be systemized, so that it is not provided on an
ad hoc basis. Data transparency is critical to ensuring informed public
policy decisions, allowing greater public participation in disaster
recovery efforts, and helping public and private entities better
recognize gaps in services and identify reforms needed for future
disaster recovery efforts.
The current federal disaster response and recovery, however,
suffers from a systemic lack of data transparency. After past
disasters, this failure to provide basic transparency--ranging from
damage assessments, determination of unmet needs, program design and
implementation, grantee and subgrantee performance, and how federal
dollars are spent--has hampered efforts to effectively target and
distribute aid to those most in need.
Full Accountability and Due Process
Accountability and due process must be central in any reformed
disaster housing recovery and response framework. Federal efforts must
ensure that all eligible survivors receive the assistance needed to get
back on their feet.
The daunting application process for disaster aid discourages
survivors from applying for assistance. The application and appeals
processes are confusing, time-consuming, and frustrating. As a result,
low-income survivors--especially seniors, people with disabilities, and
people with limited English proficiency, and other individuals--face
high, unnecessary, and counterproductive barriers to receiving federal
disaster housing recovery assistance and many forgo applying for
assistance altogether. By not providing full accountability,
transparency, and due process to applicants, the federal government has
made it difficult--if not impossible--to determine who is eligible to
receive assistance and why assistance was denied, leading to higher
denial rates for low-income disaster survivors.
Robust Equity and Civil Rights Enforcement
Equity must be a central and explicit goal of federal disaster
housing response and recovery efforts, and each stage of the response
and recovery must be examined and reformed to ensure that federal,
state, and local efforts actively dismantle systems of oppression. All
emergency response, long-term recovery, and mitigation actions must be
designed and pursued in a manner that addresses and prioritizes the
needs of the lowest-income survivors, people of color, seniors, people
with disabilities, immigrants, and other protected classes. All such
actions must also be explicitly anti-racist: analyzed to determine if
they exacerbate, leave in place, or ameliorate existing or historic
patterns of segregation and discrimination in housing and
infrastructure, and remedied accordingly.
Fair Mitigation Practices
All emergency response, long-term recovery, and mitigation efforts
must be designed and pursued in a manner that provides survivors with
the choice to relocate or rebuild their communities resiliently,
minimizing displacement. As the climate changes, disasters will be both
more frequent and more destructive. In response, local and state
officials have begun to focus on mitigation and infrastructure
improvement. Too often, such upgrades go to more affluent communities,
while the needs of lower-income people and people of color are ignored.
Moreover, federal, state, and local recovery efforts may actively
contribute to displacement by failing to provide survivors with
meaningful choices to rebuild resiliently, relocate, or improve
infrastructure (such as storm drainage, floodplain management, and
other common mitigation measures) in their disaster-affected
communities. This effectively leaves low-income survivors at greater
risk for future disasters than they were prior to the disaster.
Increased Local Capacity and Benefit
All emergency response, long-term recovery and mitigation efforts
must maximize the engagement of local contractors and workers and build
the capacity of local community-based organizations, putting as much
federal resources as possible into the impacted economy and impacted
survivors.
Local community-based organizations and networks are in the best
position to engage with and have intimate awareness of the unique needs
of the lowest-income survivors. These local organizations often do not
receive the support needed to build capacity to scale up efforts
quickly after a disaster. By relying on out-of-town contractors for
everything from debris removal to repair of electrical grids, state and
local governments miss an opportunity provide employment, job training,
and contracting opportunities to low-income local workers and small-
and minority-controlled businesses, who often are in severe need of
work as a result of disasters' disruption to local business.
First Steps to Fix America's Broken Disaster Housing Recovery System
The ``Fixing America's Broken Disaster Housing Recovery System''
report provides specific policy recommendations to reimagine and
redesign a new disaster housing recovery framework that is centered on
the needs of the lowest-income and most marginalized survivors. This
work will take many years. However, there are a number of actions
Congress can take to immediately address some of the biggest challenges
facing survivors.
Permanently Authorize and Automatically Activate the Disaster Housing
Assistance Program (DHAP)
Congress should permanently authorize DHAP and automatically
activate it after every major disaster to provide longer-term housing
assistance and wrap-around services to low-income survivors. Such
assistance should be provided to eligible survivors until the long-term
housing recovery--including the rebuilding of affordable rental housing
stock--is complete.
Enact the ``Housing Survivors of Major Disasters Act''
Congress should enact the ``Housing Survivors of Major Disasters
Act,'' (H.R. 3037) \40\ introduced by Representative Adriano Espaillat
(D-NY) and Representative Jenniffer Gonzalez-Colon (R-PR). The bill,
which passed unanimously out of the House Transportation and
Infrastructure Committee in February 2020, contains critically needed
reforms to ensure that the lowest-income and most marginalized
survivors can access the housing assistance they need to rebuild their
lives. We thank the Committee for its work on this bill and ask that
you attach the legislation to any upcoming emergency disaster
supplementals or appropriations language.
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\40\ H.R. 3037, ``Housing Survivors of Major Disasters Act of
2021.'' Retrieved from https://www.congress.gov/bill/117th-congress/
house-bill/3037/related-bills?r=38&s=1
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The ``Housing Survivors of Major Disasters Act'' would address the
significant title-documentation challenges that have resulted in tens
of thousands of eligible disaster survivors being wrongfully denied
FEMA assistance. The bill would cement and expand upon recent FEMA
application process reforms in statute while also extending the
benefits of the new policy to those denied assistance in the past. It
would provide a new framework to make it easier for disaster survivors
to prove residency in disaster-impacted areas, either by completing a
``declarative statement'' form or by submitting a broader range of
acceptable documents such as utility bills, credit card statements, pay
stubs, and school registration in lieu of a formal title to property or
leases.
Ensure Equity is an Explicit Policy Goal
Congress must ensure that equity is a central and explicit goal of
federal disaster housing response and recovery efforts. Our current
disaster housing recovery framework exacerbates and reinforces racial,
income, and accessibility inequities at each stage of response and
recovery. Survivors of color and communities of color are
disproportionately harmed by the current disaster housing recovery
system.
Federal disaster housing response and recovery efforts must address
and prioritize the needs of the lowest-income and most marginalized
survivors, including people of color, people with disabilities,
immigrants, and other protected classes. All actions must be explicitly
anti-racist: analyzed to determine if they exacerbate, leave in place,
or ameliorate existing or historic patterns of segregation and
discrimination in housing and infrastructure and remedied accordingly.
Congress must ensure that disaster housing recovery efforts undo
the racial, income, and accessibility inequities embedded in our
current disaster housing recovery framework. Disaster recovery
efforts--which often include significant, robust funds--represent a
unique opportunity to rebuild in a way that addresses, rather than
entrenches, these disparities.
Require Full Transparency
Congress should require that FEMA provide basic, essential
information about federal disaster response and recovery efforts,
including damage assessments, determination of unmet needs, program
design and implementation, grantee and subgrantee performance, and how
federal dollars are spent. Congress should require FEMA to provide full
transparency on program eligibility, the aid application process, and
reasons for denials of assistance. Data collected by the government
must be open and accessible at the most granular and comprehensive
level, while protecting personally identifiable information. This
information must be made publicly available in a timely manner and this
transparency must be systemized, so that it is not only provided on an
ad hoc basis.
Data transparency allows policymakers and advocates to be informed
about program results and make policy improvements and incorporate best
practices into future activities. Issues of equity clearly exist in the
disaster recovery process, and Congress must require FEMA to implement
better transparency practices so the problems can be identified and
rectified.
Ensure Survivor-Centered Approaches to Assistance
Congress must ensure that every survivor receives assistance to
which they are entitled. FEMA maintains a culture of rigid allegiance
to narrowly defined protocol over outcomes; as a result, many disaster
survivors, including many of the lowest-income survivors, are
wrongfully denied needed assistance. Congress should require FEMA to
prioritize categorical eligibility, simplify the application and
appeals process, and track and report on outcomes to ensure recovery
aid reaches those in need.
Rather than creating and implementing numerous categories of
ineligibility, disaster assistance programs should employ broad-based
categories of eligibility, with the aim that every survivor receives
the recovery assistance to which they are entitled. Through the use of
damage assessments, geographic information, and other data, a reformed
federal disaster housing recovery system can provide categorical
eligibility to survivors in disaster-impacted areas. With a shift in
emphasis to categorical eligibility, many of the convoluted rules and
requirements employed by recovery assistance programs will no longer be
necessary, allowing for an easier, quicker, and more flexible
application process.
FEMA should allow for a flexible system of documentation for
distributing disaster recovery assistance. Applying the least
restrictive guidance regarding alternative documentation--and doing so
consistently across all jurisdictions--would cut down on wasted time
and confusion on the parts of both applicants and advocates alike. In
order to employ full categorical eligibility, there must be a system in
place that permits alternative documentation to ensure all survivors
can receive assistance.
Congress should also require FEMA, HUD, and other federal agencies
involved in disaster recovery efforts to work together and create a
single, universal application for aid to make the process easier,
quicker, and more flexible, reducing the administrative burden and
speeding the process.
Address the Unique Needs of People Experiencing Homelessness
Congress should enact legislation to ensure equitable treatment of
individuals experiencing homelessness through the response and recovery
effort. Pre-disaster homeless populations are often denied FEMA
assistance. Even if they lost all of their belongs in the disaster,
FEMA will often deny survivors any benefits once their status as pre-
disaster homeless is established.\41\ With no resources to adequately
prepare or recover from a disaster, people experiencing homelessness
are among the most harmed disaster survivors.
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\41\ Ehrlich, A. 2019. After Wildfires, Homeless People Left Out of
Federal Disaster Aid Programs, Oregon Public Broadcasting. Retrieved
from https://www.opb.org/news/article/fema-disaster-aid-wildfires-
homeless-people/
---------------------------------------------------------------------------
FEMA has interpreted current law to deny assistance to people
experiencing homelessness prior to a disaster, despite their
exceptional needs. Congress should enact clarifying legislation to
ensure that people experiencing homelessness prior to the disaster have
access to the same emergency shelter and disaster relief assistance as
other survivors, including rental assistance.
Conclusion
Our country must develop a new disaster housing recovery system
that centers the housing needs of the lowest-income survivors,
including people of color, people with disabilities, and others. In
addition to addressing immediate housing needs caused by the pandemic,
Congress should address our nation's pervasive structural and racial
inequities and reform federal disaster planning and response efforts to
be inclusive and intersectional. We must reform existing programs by
centering racial equity and equity for all historically marginalized
people to ensure that affordable housing investments and federal
disaster recovery resources reach all impacted households.
Western Governors' Association's Policy Resolution 2021-06, Disaster
Preparedness and Response, Submitted for the Record by Hon. Dina Titus
October 25, 2021.
The Honorable Dina Titus,
Chairman,
Subcommittee on Economic Development, Public Buildings, and Emergency
Management, Committee on Transportation and Infrastructure.
House of Representatives, 2165 Rayburn House Office Building,
Washington, DC 20515.
The Honorable Daniel Webster,
Ranking Member,
Subcommittee on Economic Development, Public Buildings, and Emergency
Management, Committee on Transportation and Infrastructure,
House of Representatives, 2164 Rayburn House Office Building,
Washington, DC 20515.
Dear Chairman Titus and Ranking Member Webster:
In advance of the Subcommittee's October 26, 2021 hearing, ``Are
FEMA's Assistance Programs Adequately Designed to Assist Communities
Before, During, and After Wildfire?'', attached please find the Western
Governors' Association (WGA) Policy Resolution 2021-06, Disaster
Preparedness and Response.
In the resolution, Western Governors address pre- and post-disaster
challenges in the West, as well as the flexibility and inclusivity of
federal disaster-related programs, standards and processes for program
access, and the administration of assistance. The resolution also
addresses issues related to risk reduction, intergovernmental
communications, and funding to meet these challenges.
I request that you include this document in the permanent record of
the hearing, as it articulates Western Governors' policy positions and
recommendations on this important issue.
Please contact me if you have any questions or require further
information. In the meantime, with warm regards and best wishes, I am
Respectfully,
James D. Ogsbury,
Executive Director, Western Governors' Association.
attachment
______
Western Governors' Association
Policy Resolution 2021-06
Disaster Preparedness and Response
A. Background
1. Major disasters, emergencies and extreme weather events are
devastating to the people, property, economy, and natural environment
of the communities in which they occur. The outcomes of disasters and
emergencies can often be far-reaching, with effects on the national
economy, infrastructure, and the import and export of commodities.
2. In the United States, disasters and emergencies and their
economic and public costs have increased significantly in recent years.
Federal disaster declarations (including emergency declarations, major
disaster declarations, and fire management assistance grants) have
surged since they were first utilized in 1953. From 1953 to 1989, the
average number of annual federal disaster declarations was 27.8. That
number escalated to an annual average of 108.7 from 1990 to 2016. The
year 2020 saw a record 308 disaster declarations by the federal
government. Of these declarations, 230 were for emergencies or major
disasters, surpassing the previous record of 128 dating back to 2011.
3. The federal government plays a critical role in disaster and
emergency response and long-term recovery efforts. Accompanying the
greater number of disasters has been an increasing level of federal
disaster aid. From 1980 to 2009, the number of federally declared
disasters which resulted in costs exceeding $1 billion averaged
approximately 4.5, annually. That number has surged. From 2016 to 2020,
the numbers rose with an average 16.2 disasters exceeding $1 billion in
costs each year. In 2020, there were a record-setting 22 disasters that
exceeded $1 billion in costs.
4. Proactive emergency management efforts, such as hazard
mitigation and risk reduction activities, have an incredible return on
investment. Research has shown that actions taken before a disaster to
reduce hazards save, on average, six dollars in future response and
recovery costs for every dollar spent on hazard mitigation. At a time
when state budgets are struggling to keep up with more frequent and
costly disasters, investing in hazard mitigation could have a
profoundly positive effect on state and local budgets.
5. Certain types of disasters pose unique threats to western
states and have occurred with greater frequency in recent decades.
These include floods, droughts, tornadoes, mudslides, earthquakes,
hurricanes, and, particularly, wildfires. Wildfires consumed
approximately three million acres nationwide in 1960. In three of the
past six years, over ten million acres have burned annually. 2020 saw
10.1 million acres affected by wildfire, of which nearly ninety-five
percent were in western states. Federal agencies' wildfire suppression
costs have increased from less than $240 million in 1985 to over $2.2
billion in 2020. Experts project that wildfires will continue to
worsen, in terms of acreage burned and in economic effects.
6. Disasters and emergencies have disproportionate effects on
different populations and communities. Race and ethnicity, language,
education and economic barriers, and immigration status can negatively
affect the outcomes of those experiencing an emergency or disaster.
These factors have effects beyond the initial response and extend to
recovery, risk reduction, and preparedness program accessibility and
equity.
7. The National Response Framework and National Disaster Recovery
Framework describe how the federal government, states, territories,
localities, tribes, and other public and private sector institutions
should respond to and recover from disasters and emergencies. Local
emergency agencies--police, firefighters, and medical teams--are to be
the first responders in a disaster or emergency. State, territorial,
local, and tribal governments have the lead roles in disaster response
and recovery. Federal agencies can become involved in disaster and
emergency response when resource capacity or effective emergency
management is beyond the capabilities of a state, territory or tribe.
These federal efforts are primarily directed through the Department of
Homeland Security's Federal Emergency Management Agency (FEMA).
8. Governors have a key role in managing emergency response.
Governors typically are the state or territorial elected official
responsible for making a state disaster declaration and directing
disaster response in their jurisdiction. Governors are also responsible
for deploying their state National Guard in emergency situations.
Governors hold the sole authority to request federal assistance when a
disaster overwhelms state and local capabilities, and are responsible
for negotiating and implementing interstate mutual aid agreements.
9. Disaster and emergency response and long-term recovery create a
significant financial burden. When authorized by FEMA, the Public
Assistance, Individual Assistance, and Hazard Mitigation programs
provide federal funding which can alleviate this strain. Affected
homeowners may seek Individual Assistance; state and local governments
may seek Public Assistance to reimburse for costs incurred from debris
removal, emergency protective measures during the response, and
permanent repair of damaged public infrastructure; and Hazard
Mitigation funds can help communities rebuild and become more resilient
against future disasters. Other federal agencies, such as the Small
Business Administration, Department of Agriculture (USDA), Department
of Housing and Urban Development (HUD), and Federal Highway
Administration also have programs designed to assist in disaster and
emergency recovery efforts. For example, the USDA Natural Resource
Conservation Service (NRCS) Emergency Watershed Protection Program is
designed to protect people and properties from flooding that often
follows wildfire events.
10. In recent years, some petitions for long-term federal recovery
aid have been denied. This has been most apparent in petitions for
Individual Assistance to counties affected by disasters and
emergencies, but has also occurred in connection with state requests
for Public Assistance. A denial of federal aid compounds problems for
affected communities struggling to recover from the devastation of a
disaster or emergency and slows recovery efforts in many western
states.
11. While most disasters affect a specific local area, the COVID-
19 public health emergency was national in scope. The COVID-19 pandemic
has highlighted the need for close coordination between federal, state,
territorial, local and tribal governments in emergency management. The
pandemic continues to cause significant disruption across the world,
requiring ongoing attention from Governors and emergency management and
public health officials, affecting the lives of all Americans, and
complicating the flow of goods and services across international
borders.
B. Governors' Policy Statement
1. Governors need maximum flexibility to respond to disaster and
emergency circumstances that may evolve quickly over the course of a
disaster through the initiation of recovery. Therefore, we should
expeditiously remove any barriers limiting a Governor and their
executive branch agencies' ability to save taxpayer money and expedite
response and recovery efforts while safeguarding lives, property and
the environment. Western Governors recognize that planning processes
and disaster and emergency protocols are important aspects of emergency
management, but that Governors also need significant freedom to adapt
those plans to changing circumstances during the evolution of a
disaster or emergency.
2. Federal, state, territorial and tribal efforts to prepare for,
mitigate against, respond to, and recover from emergencies and
disasters must ensure programs and response efforts are inclusive,
equitable, and accessible and representative and reflective of the
affected communities. Concepts of inclusivity, diversity, equity and
accessibility must be included from initial development of programs,
policies and procedures to reduce risk in our communities and address
post-disaster survivor needs.
3. Western Governors recognize that community resilience is key to
ameliorating the effect of many disasters and emergencies. Hazard
mitigation and risk reduction are the most cost-effective ways to
protect lives, property, infrastructure and the environment from the
effects of natural and human-caused hazards. Effective risk reduction
strategy development and implementation leverage broad stakeholder
input across multiple disciplines, sectors and levels of government.
Infrastructure planning should include consideration of risk reduction
measures for known hazards as well as address the dynamic hazard
profile created by a changing climate. We must plan for tomorrow, not
yesterday.
4. Western Governors encourage Congress and federal agencies to
reassess the structure of disaster mitigation grant programs, which can
be too restrictive or narrowly tailored to address community needs.
Additionally, establishing consistent administration standards for
different federal grant programs, including the Hazard Mitigation Grant
Program, the State Homeland Security Program, and the Building
Resilient Infrastructure and Communities and Emergency Management
Performance Grant programs, would streamline application processes and
eliminate confusion at the local level.
5. Federal agencies conducting disaster recovery and assistance,
as well as the programs which they administer, should receive adequate
and consistent funding and allow Governors and their designated
executive branch agencies to have critical input on where those funds
are needed most. The lack of speed, certainty and consistency in
appropriation of federal disaster funding, such as HUD Community
Development Block Grant-Disaster Recovery (CDBG-DR) funds, are a
hinderance to coordinated recovery efforts and effective utilization of
public funds. For example, there is no current appropriation (or public
consideration) of funding for the 2020 California wildfires, which
occurred more than seven months ago. Additionally, the inconsistent
incorporation of HUD mitigation resources (CDBG-MIT) is an obstacle to
effective coordination of mitigation efforts across program areas.
6. Many rural western communities have less concentrated
populations than eastern states, making it difficult for western states
and territories to qualify for Individual Assistance and Public
Assistance declarations. Additionally, certain criteria, such as
considering Total Taxable Revenue of the entire state when evaluating
whether to provide a major declaration for a localized event, makes it
virtually impossible for large states to receive a declaration. Federal
processes used to evaluate the need for access to disaster aid programs
should be reconsidered. Federal agencies should reexamine the standards
used to determine the provision of Individual Assistance to homeowners
and the access to federal aid needed for recovery from disasters and
emergencies that affect western states and territories. The
historically underfunded USDA NRCS Emergency Watershed Protection
Program should be revisited and strengthened.
7. Western Governors recognize that as the first responders to a
disaster or emergency, states, territories, local governments, and
tribes have better information about local conditions and needs in the
response and immediate recovery phases of a disaster or emergency. FEMA
and other applicable federal agencies should work directly with
individual states and territories, through Governors or their
designees, to jointly identify disaster risks and methods by which such
risks may be addressed. In collaboration with Governors or their
designees, federal agencies should reassess the administrative
mechanisms to establish the most effective means to determine the
necessity and provision of federal disaster assistance.
8. Federal agencies should provide state, territorial, local, and
tribal government officials with accessible and clear information on
available federal resources and programs and the most effective
utilization of those resources in disaster recovery. WGA has worked
with federal partners to improve interagency coordination on post-
wildfire restoration work, including a roadmap of assistance available
to communities affected by wildfire and identification of
``navigators'' to help communities prioritize post-wildfire restoration
needs. Western Governors urge the federal government to prioritize the
funding of these important efforts, as they should have a positive
effect on maximizing the value of restoration work and, more
importantly, addressing the needs of communities affected by wildfire.
9. Western Governors recognize that while aid may be provided
following a disaster, the event itself could be avoided or minimized if
resources were directed to pre-disaster mitigation efforts. Rebuilding
is too-often provided in a delayed fashion or conducted without
safeguards necessary to prevent future disaster-related damages. This
compounds the vulnerability of western communities and resources in the
face of disasters. Federal legislation should reconsider the important
role of pre-disaster mitigation that reduces the risk and minimizes the
effects of disasters and emergencies. When possible, pre-disaster
mitigation should be incentivized at the state and local levels.
Additionally, some western and midwestern states are at risk of
catastrophic earthquake. Mitigation assistance beyond that currently
administered by FEMA is needed. Finally, mitigation funds tied to Fire
Management Assistance Grant (FMAG) declarations assist fire-ravaged
communities. The FMAG and Hazard Mitigation Grant Program (HMGP) Post
Fire Grant programs should be continued.
10. Western Governors encourage the Administration to consider
actions to increase communication between and cohesion of federal
agencies in disaster and emergency response. The Executive Branch
should consider placing FEMA in the lead role to coordinate
communication between and cohesion of federal agencies in disaster and
emergency response. Strengthening federal emergency management
processes to promote single, comprehensive points of contact would
streamline state-federal coordination and help ensure states and
territories can allocate resources where they are most needed. Western
Governors support the consideration of a national emergency management
strategy to provide consistent lines of communication between federal,
state, territorial, local and tribal governments.
11. Federal agencies should seek to eliminate duplicative
administrative processes to streamline post-disaster assistance.
Multiple agencies requiring overlapping or duplicative reviews for
post-disaster assistance adds time and cost to recovery efforts.
12. Western Governors recognize the need for clear, consistent,
truthful and timely communication about the scope and scale of
disasters and emergencies, both between all levels of governments and
between governments and their constituents. Clearly articulating what
is known, and what is not known, about a disaster or emergency is
critical to developing and executing an effective response from
governments, promoting public confidence in those response actions, and
empowering citizens to make informed decisions about their safety and
welfare.
C. Governors' Management Directive
1. The Governors direct WGA staff to work with Congressional
committees of jurisdiction, the Executive Branch, and other entities,
where appropriate, to achieve the objectives of this resolution.
2. Furthermore, the Governors direct WGA staff to consult with the
Staff Advisory Council regarding its efforts to realize the objectives
of this resolution and to keep the Governors apprised of its progress
in this regard.
This resolution will expire in June 2024. Western Governors enact new
policy resolutions and amend existing resolutions on a semiannual
basis. Please consult http://www.westgov.org/resolutions for the most
current copy of a resolution and a list of all current WGA policy
resolutions.
Ms. Titus. Well, that will conclude our hearing. I hope
that these excellent witnesses will stay available to us and
provide us with your wise counsel as we try to address some of
these issues.
I ask unanimous consent that the record of today's hearing
remain open until such time as our witnesses have provided
answers to any questions that may be submitted now in writing.
I also ask unanimous consent that the record remain open for 15
days for any additional comments and information submitted by
the Members or the witnesses so they can be included in the
record of today's hearing.
Without objection, so ordered.
We now stand adjourned.
[Whereupon, at 11:50 a.m., the subcommittee was adjourned.]
Submissions for the Record
----------
Prepared Statement of Hon. Sam Graves, a Representative in Congress
from the State of Missouri, and Ranking Member, Committee on
Transportation and Infrastructure
Thank you, Chair Titus.
Wildfires have impacted communities across the Nation.
On a bipartisan basis, this committee has worked to improve FEMA
and the federal government's emergency management system.
The goal is to help communities prepare for, mitigate against, and
respond and recover from disaster.
Unfortunately, paperwork, red tape, and conflicting interpretations
of law create hurdles for many communities hit by disaster.
That is why I introduced bipartisan bills, including the Preventing
Disaster Revictimization Act and, just last week, the SPEED Recovery
Act, to help individuals and communities cut through the red tape in
FEMA assistance.
These bills will help communities--especially small and rural
communities--to recover more quickly from all disasters, whether those
are wildfires, floods or other events.
But we know every disaster is different.
I look forward to hearing from the witnesses today on the unique
challenges of wildfires and how FEMA can be best positioned to help.
Thank you, Chair Titus. I yield back.
Statement of the National Association of Mutual Insurance Companies,
Submitted for the Record by Hon. Dina Titus
The National Association of Mutual Insurance Companies (NAMIC) is
pleased to provide comments to the United States House of
Representatives Committee on Transportation and Infrastructure
Subcommittee on Economic Development, Public Buildings, and Emergency
Management on the topic of the threat of worsening natural disasters.
As Americans around the nation continue to be impacted by and recover
from severe natural catastrophes like wildfires, we thank Chairwoman
Titus and Ranking Member Webster, as well as full committee Chairman
Peter DeFazio and Ranking Member Sam Graves for holding today's hearing
on such an important topic.
NAMIC is the largest property/casualty insurance trade group with a
diverse membership of more than 1,400 local, regional, and national
member companies, including seven of the top 10 property/casualty
insurers in the United States. NAMIC members lead the personal lines
sector representing 66 percent of the homeowner's insurance market and
53 percent of the auto market. Through our advocacy programs we promote
public policy solutions that benefit NAMIC member companies and the
policyholders they serve and foster greater understanding and
recognition of the unique alignment of interests between management and
policyholders of mutual companies.
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Unique Capability and Role of Insurance Industry in Managing Climate
Risk
Despite an unprecedented level of natural disasters over the last
decade, the U.S. property/casualty insurance industry always has been
well positioned and fully capable to serve policyholders and play a
critical role in the disaster mitigation and recovery process, standing
shoulder-to-shoulder with the federal government and emergency
responders to help victims recover and rebuild. With the U.S. expecting
to face increasingly severe climate impacts in the years ahead, the
property/casualty insurance industry looks forward to continuing
fulfilling this critical role, but it is now more important than ever
to consider the devastating impact of severe weather events. During
this critical time, as the U.S. is affected by catastrophes in all
corners of the nation, including devastating wildfires, we must ensure
we are doing all we can to protect communities across the nation ahead
of the next disaster.
To put it simply, no industry has done more to advance real-world
policies designed to combat climate risk than the property/casualty
insurance industry, and insurers look forward to continuing to push for
policies rooted in science to better protect homes and communities.
NAMIC has been working to promote resiliency efforts in the U.S. for
decades. In 2011, recognizing the growing number of severe climate
events, NAMIC launched the BuildStrong Coalition, a group of insurers,
architects, emergency managers, builders, contractors, fire fighters,
and code officials all dedicated to building stronger in the face of
the risks from a shifting climate. The Coalition launched one year
after the industry funded construction of the Insurance Institute for
Business and Home Safety Research Center, which conducts state-of-the-
art research into the how-to of resilient construction. While few
organizations in Washington were talking about the need to make
communities more resilient, NAMIC and the BuildStrong Coalition for
years were working to educate Congress about the lifesaving power of
stronger building codes and mitigation and the need to create a
national mitigation investment strategy. In 2018, the landmark Disaster
Recovery Reform Act (DRRA) was enacted into law. The DRRA is a
transformational law that is making America's communities more
resilient, including through the creation of a massive new pre-disaster
mitigation fund, the Building Resilient Infrastructure and Communities
(BRIC) Program. That program is already generating new resources for
states and localities to implement and enforce resilient building
codes.
The Building Resilient Infrastructure and Communities Program
Pursuant to the DRRA, an amount equal to 6 percent of disaster
relief spending can automatically be deposited into the BRIC Program,
which will award grants on an annual basis to states and communities
all over the country in order to undertake projects and perform other
risk reducing activities that are designed to mitigate. Because of the
way the BRIC Program is structured, where funds are prioritized for
states and communities that have stronger resiliency standards in
place, communities are incentivized to actively understand where they
stand on a national basis in terms of resilience, and are empowered to
plan tangible actions that would amplify their to draw down the impacts
of disaster hazards. The DRRA also ensures BRIC funds can be used
ability for the enforcement of strong building codes and requires that
construction performed using BRIC funds be built to modern codes.
The first application period ran from Sept. 30, 2020 to Jan. 31,
2021, and the application period for the next round of funding will
open tomorrow, on Sept. 30, 2021. Demand for the first round of BRIC
funding, in which BRIC is awarding $500 million to states and
communities, was heavy. FEMA received nearly $5.5 billion in
applications from 53 states and territories, with 8 states applying for
projects totaling $200 million or more. On the heels of this high
demand, President Biden announced on May 24 that the next round of
funding for the BRIC Program in Fiscal Year 2021 will award $1 billion
in funding. This represents the largest-ever funding level for risk-
reducing mitigation measures before disasters in the U.S. In a sign of
how much the pre-disaster landscape has changed, as recently as 2015
the federal government provided a total of $30 million to states and
communities for pre-disaster mitigation efforts.
The Path Forward--Resilient America Act
Congress should continue to lead the way as we pursue the goal of
enacting policies to provide incentives for ensuring our nation's
communities--including underserved communities--are being fortified. As
such, NAMIC commends Chairman DeFazio, Ranking Member Graves,
Chairwoman Titus, and Ranking Member Webster for the recent
introduction of the bipartisan H.R. 5689, the Resilient America Act.
The Resilient America Act is a critical piece of legislation that
includes a host of important policies that will provide resources for
communities to protect homeowners in the face of devastating
catastrophes, including wildfires. The bill includes a number of
important provisions that will increase state and local capacity for
mitigation by significantly boosting BRIC funding levels, create new
tools and incentives for the state and local adoption of modern
building codes, as well as those that will help harden the nation's
communities and lifeline infrastructure, including electric and energy
grid. Importantly, the legislation would also ensure that a certain
percentage of BRIC funds can be used towards building code enforcement,
and critically, would help address aging structures by utilizing BRIC
funds to provide resources and incentives to individuals and
communities for the purpose of undertaking retrofits.
NAMIC views the Resilient America Act as an important next step to
follow the DRRA during this critical time where the nation is
experiencing more and more severe weather events. We thank you for
holding today's hearing and look forward to working together in an
effort to advance the Resilient America Act and create a stronger, more
resilient America.
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