[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.Liaison@fema.gov.
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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