[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]
[[Page 2095]]
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Part VI
Federal Emergency Management Agency
_______________________________________________________________________
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
[[Page 2096]]
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) kyle.blackman@fema.gov.
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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