Draft American Indian and Alaska Native Policy

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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