[Federal Register Volume 64, Number 7 (Tuesday, January 12, 1999)]
[Notices]
[Pages 2096-2097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-642]


      

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Part VI





Federal Emergency Management Agency





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Final Agency Policy for Government-to-Government Relations with 
American Indian and Alaska Native Tribal Governments; Notice

  Federal Register / Vol. 64, No. 7 / Tuesday, January 12, 1999 / 
Notices  

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FEDERAL EMERGENCY MANAGEMENT AGENCY


Final Agency Policy for Government-to-Government Relations with 
American Indian and Alaska Native Tribal Governments

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice; final policy statement.

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SUMMARY: This final policy statement has been developed to guide FEMA's 
interactions with American Indian and Alaska Native Tribal governments 
in response to a policy memorandum issued by the President on April 29, 
1994. President Clinton's memorandum directed agency and department 
heads to ensure that the Federal Government operates within a 
government-to-government relationship with Federally recognized Tribal 
governments. This policy reflects the extensive and insightful comments 
received over the last twelve months. The comments received and the 
Agency's response to those comments are contained within an 
accompanying notice detailing statements of consideration.

EFFECTIVE DATE: September 25, 1998.

FOR FURTHER INFORMATION CONTACT: Kyle W. Blackman, Federal Emergency 
Management Agency, 500 C Street SW. Washington, DC 20472, (tel.) (202) 
646-2776 or (email) [email protected]. 

SUPPLEMENTARY INFORMATION: On June 24, 1997, as Director of the Federal 
Emergency Management Agency (FEMA), I presented a draft Agency policy 
on American Indian and Alaska Natives to Tribal leaders on the Standing 
Rock Sioux Reservation. At that time, I encouraged the beginning of a 
dialogue between FEMA and this nation's first inhabitants on issues 
associated with emergencies and disasters.
    Following that historic meeting, I wrote to the leaders of all of 
the Federally recognized Tribes, State Governors, State Emergency 
Management Directors, and national constituency and officials 
organizations requesting their review and comment on the draft policy. 
On November 17, 1997, we published the policy in the Federal Register 
for public comment (62 FR 61329). On February 17, 1998, we published 
another Federal Register notice extending the comment period until 
March 15, 1998 (63 FR 7793). Subsequently, we published an announcement 
of the Agency's consultation sessions on the draft policy in the 
Federal Register on March 6, 1998 (63 FR 11260).
    With the publication today of the final Agency policy, we commit 
FEMA to the deliberate and thoughtful implementation of this policy. We 
intend to select not more than five Tribal governments to begin to 
refine the policy. With the practical experience of working with Tribal 
governments on emergency management programs, we believe that we can 
identify and resolve significant programmatic issues, as well as 
identify any resource and staffing requirements to support this policy. 
Within one year of the publication of this policy, we shall develop a 
five-year implementation plan.
    The final Federal Emergency Management Agency Policy for 
government-to-government Relations with American Indian and Alaska 
Native Tribal Governments follows:
    In the face of disasters, the citizens of the United States have 
historically come together to assist those who have suffered losses. It 
is in this spirit that the Federal Emergency Management Agency commits 
itself to building a strong and lasting partnership with American 
Indians and Alaska Natives to prepare them for the hazards they face, 
to reduce their disaster vulnerabilities, to respond quickly and 
compassionately when disasters strike, and to assist them to recover in 
their aftermath.

Introduction

    The Federal Emergency Management Agency recognizes and acknowledges 
that American Indian and Alaska Native Tribal governments hold a unique 
status in the United States of America with the rights and benefits of 
sovereign nations. The Federal Emergency Management Agency has 
developed this policy to affirm the Agency's understanding, support, 
and pursuit of a government-to-government relationship with American 
Indian and Alaska Native Tribal governments.
    This policy outlines the guiding principles under which all 
employees of the Federal Emergency Management Agency are to operate 
with regard to Federally recognized American Indian and Alaska Native 
Tribal governments. This policy does not apply to interactions with any 
other Tribal governments or any other Alaska Native Tribal governments.
    The Federal Emergency Management Agency acknowledges the trust 
relationship between the U.S. government and American Indian and Alaska 
Native Tribal governments as established by specific statutes, 
treaties, court decisions, executive orders, regulations, and policies. 
The Federal Emergency Management Agency further acknowledges the 
precedents of the Constitution, the President of the United States, and 
the U.S. Congress as the foundation of this policy's content.
    This policy is intended to be flexible and dynamic to provide for 
the evolution of the partnerships between and among the Federal 
Emergency Management Agency, Tribal governments, State and local 
governments, and other Federal agencies. Working within existing 
statutes and authorities, the Federal Emergency Management Agency will 
endeavor to be consistent in its dealings with Tribal governments 
throughout the country.
    This policy is consistent with existing law and does not alter or 
supersede the authorities of the Federal Emergency Management Agency or 
those of any other Federal departments and agencies. Further, this 
policy does not diminish or modify existing Tribal government authority 
in any way, nor does it suggest recognition of Tribal authority that 
does not currently exist beyond the inherent attributes of sovereign 
Tribal authority to protect Tribal interests and welfare. The Federal 
Emergency Management Agency has authority to work with Tribal 
governments concerning emergency management programs under existing 
law.

Definitions and Terms

Federal Emergency Management Agency

    An independent agency of the U.S. Government established by 
Reorganization Plan No. 3 of 1978, whose employees are subject to the 
policies and guiding principles contained herein. Also referred to in 
this document as ``the Agency.''

Indian Tribe

    Means an Indian or Alaska Native Tribe, band, nation, pueblo, 
village, or community that the Secretary of the Interior acknowledges 
to exist as an Indian Tribe under the Federally Recognized Indian Tribe 
List Act of 1994, 25 U.S.C. 479a.

Tribal Government

    The recognized governing body of an Indian Tribe, band, nation, 
pueblo, village, or community, including any Alaska Native Village 
defined in or established pursuant to the Alaska Native Claims 
Settlement Act (85 Stat. 688).

Policy Principles

    The following policy principles define the commitment of the 
Federal Emergency Management Agency and its employees to build a strong 
and lasting partnership with American Indian and

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Alaska Native Tribal governments. These principles will serve to guide 
and direct the Agency's interactions with American Indian and Alaskan 
Native Tribal governments.
    These principles mirror and reinforce the philosophy embodied in 
President Clinton's April 29, 1994, Memorandum for the Heads of 
Executive Departments and Agencies entitled ``Government-to-Government 
Relations with Native American Tribal Governments''.
    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 Tribes 
as nations and that Federally recognized Tribes have a unique and 
direct relationship with the Federal government.
    The Federal Emergency Management Agency will consult, to the extent 
practicable and to the extent permitted by law, with American Indian 
and Alaska Native Tribal governments before taking actions that affect 
Federally recognized Tribal governments to ensure that Tribal rights 
and concerns are addressed.
    The Federal Emergency Management Agency recognizes that, as a 
sovereign government, each Tribal government has the right to set its 
own priorities and goals for the welfare of its membership, which 
include the considerations Tribal governments make to fulfill their 
responsibilities to their non-Tribal residents, relatives, employees, 
and neighbors. The Federal Emergency Management Agency will involve 
Tribal governments in consultations to the extent practicable to seek 
their input on policies, programs, and issues so that they may evaluate 
the potential impacts for themselves.
    The Federal Emergency Management Agency acknowledges the trust 
relationship between the Federal Government and American Indian and 
Alaska Native Tribal governments as established by specific treaties, 
court decisions, statutes, executive orders, regulations, and policies.
    In recognition of this trust responsibility, the Federal Emergency 
Management Agency will evaluate to the extent possible the impact of 
policies, programs, and activities on Tribal trust resources and assure 
that it considers the rights and concerns of Tribal governments in its 
decision-making.
    The Federal Emergency Management Agency will identify and take 
appropriate steps to the extent practicable to eliminate or diminish 
procedural impediments to working directly and effectively with Tribal 
govemments.
    The Federal Emergency Management Agency recognizes that there may 
be legal, procedural, organizational, or other impediments that affect 
its working relationships with Tribes. To the extent practicable and 
permitted by law, the Federal Emergency Management Agency will apply 
the requirements of Executive Order 12875, ``Enhancing the 
Intergovernmental Partnership,'' and Executive Order 12866, 
``Regulatory Planning and Review,'' to design solutions and tailor 
Agency programs to address specific or unique needs of Tribal 
governments.
    The Federal Emergency Management Agency will work in partnership 
with other Federal departments and agencies to the extent practicable 
to enlist their support of cooperative efforts to further the goals of 
this policy.
    The Federal Emergency Management Agency recognizes the importance 
of interagency communication, coordination, and cooperation to pursue 
and implement its Tribal policy and to fulfill the Agency's commitment 
to work with Tribal governments in a government-to-government 
relationship.
    The Federal Emergency Management Agency will encourage cooperation 
and partnership between and among Federal, Tribal, State, and local 
governments to resolve issues of mutual concern related to emergency 
management.
    Effective emergency management requires the cooperation, 
partnership, and mutual consideration of neighboring governments, 
whether those governments are neighboring Tribal, State, or local 
governments. Accordingly, the Federal Emergency Management Agency will 
encourage pursuing partnerships in the interest of emergency 
management. The Agency's support is not intended to lend Federal 
support to any one party to the jeopardy of the interests of another. 
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.
    The Federal Emergency Management Agency acknowledges as precedents 
the policy commitments and decisions of the executive, legislative, and 
judicial branches of the United States Government.
    The Federal Emergency Management Agency's policy for government-to-
government relations with American Indian and Alaska Native Tribal 
governments reinforces and incorporates the commitments contained in 
various Presidential policies emphasizing that such a government-to-
government relationship be pursued. The Agency's policy also recognizes 
the 1988 U.S. House of Representatives Concurrent Resolution #331, 
which declares the policy ``To acknowledge the contribution of the 
Iroquois Confederacy of Nations . . . and to reaffirm the continuing 
government-to-government relationship between Indian tribes and the 
United States established in the Constitution.'' Further, this policy 
acknowledges the importance and precedence of treaties, court 
decisions, statutes, executive orders, and regulations regarding Tribal 
policy without extensive citations.
    The Federal Emergency Management Agency will use its best efforts 
to institutionalize this policy within the fundamental tenets of the 
Agency's mission.
    The Federal Emergency Management Agency will fully and effectively 
incorporate to the extent practicable all of the principles of this 
policy into the daily activities and operations of Agency employees. 
This policy is designed to reflect an ongoing and long-term planning 
and management effort.
    As Director of the Federal Emergency Management Agency, I designate 
the Preparedness, Training and Exercises Directorate to serve as our 
liaison with American Indian and Alaska Native Tribal governments on 
policy issues. Further, each of the Agency's ten regional offices has 
designated an individual as the focal point for the coordination and 
implementation of this policy.
    This policy is subject to periodic review based upon lessons 
learned in the course of its implementation. Therefore, as Director of 
the Federal Emergency Management Agency, I am hereby directing all 
Agency components and staff to implement this policy by incorporating 
all of the principles above in their activities, policies, and 
programs.

    Dated: September 25, 1998.
James L. Witt,
Director.
[FR Doc. 99-642 Filed 1-11-99; 8:45 am]
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