[Federal Register Volume 63, Number 31 (Tuesday, February 17, 1998)]
[Notices]
[Pages 7793-7794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3863]


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FEDERAL EMERGENCY MANAGEMENT AGENCY


Draft American Indian and Alaska Native Policy

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice, with request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA) has developed a 
draft American Indian and Alaska Native Policy that reflects the 
Agency's commitment to a government-to-government relationship. The 
draft policy reinforces the importance of partnership between and among 
all levels of government on issues related to disaster preparedness, 
mitigation, response and recovery. Contained within this draft policy 
are guiding principles for FEMA's interactions with Tribal governments.

DATES: We invite your comments on this policy and are extending the 
comment period to March 15, 1998.

ADDRESSES: Please send written comments to the Office of Policy and 
Regional Operations, Federal Emergency Management Agency, 500 C Street, 
SW., Washington, DC 20472. Comments may also be submitted via 
facsimile, (202) 646-4215, or by e-mail to Tribal.L[email protected].

FOR FURTHER INFORMATION CONTACT: Rachael A. Rowland, Intergovernmental 
Affairs, Office of Policy and Regional Operations, Federal Emergency 
Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-
2889.

SUPPLEMENTARY INFORMATION: In order to provide more time for comments 
on this draft policy we are republishing this notice, which first 
appeared in the Federal Register on November 17, 1997, and we are 
extending the comment period to March 15, 1998. The draft FEMA American 
Indian and Alaska Native Policy follows:
    The United States has historically bonded together during times of 
disaster to provide assistance to those who have suffered the losses of 
loved ones or personal belongings. The guiding principle of the Federal 
Emergency Management Agency is ``people helping people.'' It is in this 
spirit that the Federal Emergency Management Agency declares its policy 
towards American Indians and Alaska Natives.
    The American Indian and Alaska Native tribal governments hold a 
unique status in the United States with the rights and benefits of 
sovereign nations. This policy outlines the principles under which all 
employees of the Federal Emergency Management Agency are to operate 
with regard to American Indian and Alaska Native tribal governments. 
This policy is based on the United States Constitution, Federal 
treaties, policy, statutes, court decisions, and the ongoing political 
relationship between Indian tribes and the Federal Government.
    In recognition of the historic relationship between the United 
States, the American Indians and Alaska Native tribal governments, the 
Federal Emergency Management Agency supports a government-to-government 
relationship between the Federal Government and American Indian and 
Alaska Native tribes.
    This policy pertains to federally recognized tribes and provides 
guidance to employees of the Federal Emergency Management Agency for 
issues affecting American Indians and Alaska Natives. This policy does 
not apply to Federal Emergency Management Agency interactions with 
State-recognized tribes, Indians, or Alaska Natives who are not members 
of tribes with respect to matters provided for by Federal statute or 
regulation.
    This partnership is intended to be flexible and dynamic to provide 
for the evolution of the partnerships between the Federal Emergency 
Management Agency and American Indian governments. Working 
relationships between the Federal Emergency Management Agency and the 
American Indian governments will be generally consistent nationwide; 
however, they will vary according to the legal basis and management 
requirements for each relationship.
    This policy is adopted pursuant to and consistent with existing law 
and does not preempt or modify the authorities of the Federal Emergency 
Management Agency or other Federal departments and agencies. Nor does 
the policy suggest recognition of tribal authority that does not 
currently exist. However, the Federal Emergency Management Agency need 
not wait for judicial recognition over emergency management programs 
when such authority is already supported by law. This policy is for 
internal management only and shall not be construed to grant or vest 
any right to any party in respect to any Federal action not otherwise 
granted or vested by existing law or regulations.

Definitions

    Indian Tribe: Any tribe, band, nation, Pueblo, or other organized 
group or community, including any Alaska Native Village (as defined in, 
or established pursuant to the Alaska Native Claims Settlement Act (43 
U.S.C. 1601 et seq.)), that is acknowledged by the Federal Government 
to constitute a tribe with a government-to-government relationship with 
the United States and eligible for the programs, services, and other 
relationships established by the United States for Indians because of 
their status as Indians and tribes.
    Tribal Government: The recognized government of an Indian tribe and 
any affiliated or component Band government of such tribe that has been 
determined eligible for specific services by Congress or officially 
recognized by inclusion in 61 Fed. Reg. 58211, November 13, 1996, 
``Indian Entities Recognized and Eligible to Receive Services from the 
United States Bureau of Indian Affairs.''

Policy Principles

    The following policy statements provide general guidance to Federal 
Emergency Management Agency

[[Page 7794]]

employees for responsibilities associated with interactions with 
American Indian and Alaska Native governments.
    1. The Federal Emergency Management Agency recognizes and commits 
to a government-to-government relationship with American Indian and 
Alaska Native tribal governments. The Federal Emergency Management 
Agency recognizes that the tribal right of self-government flows from 
the inherent sovereignty of Indian tribes and Indian nations and that 
Federally recognized tribes have a unique and direct relationship with 
the Federal Government. The Federal Emergency Management Agency further 
recognizes the rights of each tribal government to set its own 
priorities and goals for the welfare of its membership and that the 
Federal Emergency Management Agency will deal with each tribal 
government, when appropriate as determined by FEMA, to meet that 
tribe's needs.
    2. The Federal Emergency Management Agency acknowledges the policy 
commitments of the U.S. Congress and the Chief Executive as precedents. 
The Federal Emergency Management Agency recognizes House Concurrent 
Resolution #331, passed in 1988, which declares the policy ``To 
Acknowledge the Contribution of the Iroquois Confederacy of Nations to 
Reaffirm the Continuing Government-to-Government Relationship between 
Indian Tribes and the United States Established in the Constitution.'' 
In addition, the Federal Emergency Management Agency incorporates the 
Policy Memorandum of the White House, issued April 29, 1994, herein, as 
it guides the Executive Departments and Agencies in the ``Government-
to-Government Relations with Native American Tribal Governments.''
    3. The Federal Emergency Management Agency acknowledges the trust 
relationship between the Federal Government and American Indian and 
Alaska Native tribes as established by specific statutes, treaties, 
court decisions, executive orders, regulations, and policies. The 
Federal Emergency Management Agency recognizes its fiduciary 
relationship and recognizes its trust responsibility. Where appropriate 
as determined by FEMA, the Federal Emergency Management Agency will 
consult and work with tribal governments prior to implementing certain 
actions when developing legislation, regulations, or policies that will 
affect the sovereignty of tribal governments, their development efforts 
and their lands and resources.
    4. The Federal Emergency Management Agency will, where appropriate 
as determined by FEMA, consult and work with tribal governments before 
making decisions or implementing policy, rules or programs that may 
affect tribes to ensure that tribal rights and concerns are addressed. 
The Federal Emergency Management Agency recognizes that, as a sovereign 
government, the tribe is responsible for the welfare and rights of its 
membership. FEMA will, where appropriate as determined by FEMA, involve 
Indian tribes and seek tribal input at the appropriate level on 
policies, rules, programs and issues that may affect a tribe's 
sovereignty.
    5. The Federal Emergency Management Agency will encourage 
cooperation and partnership among Tribal, State, and local governments 
to resolve issues of mutual concern relating to emergency management. 
Effective emergency management requires the cooperation, partnership, 
and mutual consideration of neighboring governments, whether those 
governments are neighboring tribes, States, local governments, or 
Indian nations. Accordingly, the Federal Emergency Management Agency 
will encourage early communication and partnership among tribes, 
States, local governments, and Indian nations. This is not intended to 
lend Federal support to any one party to the jeopardy of the interests 
of the other. Instead, it recognizes that, in the field of emergency 
management, problems are often shared and the principle of partnership 
between equals and neighbors often serves the best interests of both.
    6. The Federal Emergency Management Agency will identify and take 
appropriate steps to remove any impediments that diminish working 
directly and effectively with tribal governments. The Federal Emergency 
Management Agency recognizes that there may be legal, procedural, 
organizational or other impediments that affect its working 
relationships with Indian tribes. The Federal Emergency Management 
Agency will apply the requirements of Executive Order 12875 
(``Enhancing the Intergovernmental Partnership'') to design solutions 
and tailor Federal programs, when appropriate as determined by FEMA, to 
address specific or unique needs of tribal communities. The Federal 
Emergency Management Agency will also use the National Performance 
Review and government reorganization to implement effective means for 
direct cooperation with tribal governments on issues that directly 
affect them.
    7. The Federal Emergency Management Agency will work cooperatively 
with other Federal Departments and agencies, where appropriate as 
determined by FEMA, to further the goals of this policy. The Federal 
Emergency Management Agency recognizes the importance of and is fully 
committed to the fulfillment of interagency partnership and will 
encourage communication, coordination and cooperation among all 
governmental agencies to ensure that the rights of tribal governments 
are fully represented and upheld.
    8. The Federal Emergency Management Agency will internalize this 
policy to the extent possible so that it will be incorporated into 
ongoing and long-term planning and management processes, as well as 
day-to-day operations. The Federal Emergency Management Agency will to 
the extent possible effectively and fully incorporate all of the 
principles of this policy into all operations and basic tenets of its 
mission. The Agency will identify the office or individual to 
coordinate this policy and act as a liaison with American Indian and 
Alaska Native Tribes in implementing and working with the policy and 
principles.
    9. The effective date of this policy is upon signature by the 
Federal Emergency Management Agency after coordination and consultation 
with tribal governments. As Director of the Federal Emergency 
Management Agency, I am designating Intergovernmental Affairs, Office 
of Policy and Regional Operations, as the focal point for coordination 
and implementation of this Interim Policy. I am further appointing a 
task force of representatives of the various program and support 
elements of the Federal Emergency Management Agency to define those 
ways in which the Agency can, when appropriate as determined by FEMA, 
fulfill the terms of this Interim Policy.
    Therefore, as Director of the Federal Emergency Management Agency, 
I hereby direct all Agency components to implement this policy by 
incorporating all of the above principles in their planning and 
management activities, their legislative initiatives, as well as their 
policy development.

    Dated: January 30, 1998.
James L. Witt,
Director.
[FR Doc. 98-3863 Filed 2-13-98; 8:45 am]
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