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

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

[[Page 2097]]

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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