Stafford Act Amendments (Sandy Relief Bill) Passes: Includes Tribal Emergency Requests Provision

Here is the bill (H.R. 152), and relevant text (Section 1110):

SEC. 1110. TRIBAL REQUESTS FOR A MAJOR DISASTER OR EMERGENCY DECLARATION UNDER THE STAFFORD ACT.

    (a) Major Disaster Requests- Section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) is amended–
      (1) by striking `All requests for a declaration’ and inserting `(a) In General- All requests for a declaration'; and
      (2) by adding at the end the following:
    `(b) Indian Tribal Government Requests-
      `(1) IN GENERAL- The Chief Executive of an affected Indian tribal government may submit a request for a declaration by the President that a major disaster exists consistent with the requirements of subsection (a).
      `(2) REFERENCES- In implementing assistance authorized by the President under this Act in response to a request of the Chief Executive of an affected Indian tribal government for a major disaster declaration, any reference in this title or title III (except sections 310 and 326) to a State or the Governor of a State is deemed to refer to an affected Indian tribal government or the Chief Executive of an affected Indian tribal government, as appropriate.
      `(3) SAVINGS PROVISION- Nothing in this subsection shall prohibit an Indian tribal government from receiving assistance under this title through a declaration made by the President at the request of a State under subsection (a) if the President does not make a declaration under this subsection for the same incident.
    `(c) Cost Share Adjustments for Indian Tribal Governments-
      `(1) IN GENERAL- In providing assistance to an Indian tribal government under this title, the President may waive or adjust any payment of a non-Federal contribution with respect to the assistance if–
        `(A) the President has the authority to waive or adjust the payment under another provision of this title; and
        `(B) the President determines that the waiver or adjustment is necessary and appropriate.
      `(2) CRITERIA FOR MAKING DETERMINATIONS- The President shall establish criteria for making determinations under paragraph (1)(B).’.
    (b) Emergency Requests- Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191) is amended by adding at the end the following:
      `(c) Indian Tribal Government Requests-

      `(1) IN GENERAL- The Chief Executive of an affected Indian tribal government may submit a request for a declaration by the President that an emergency exists consistent with the requirements of subsection (a).
      `(2) REFERENCES- In implementing assistance authorized by the President under this title in response to a request of the Chief Executive of an affected Indian tribal government for an emergency declaration, any reference in this title or title III (except sections 310 and 326) to a State or the Governor of a State is deemed to refer to an affected Indian tribal government or the Chief Executive of an affected Indian tribal government, as appropriate.
      `(3) SAVINGS PROVISION- Nothing in this subsection shall prohibit an Indian tribal government from receiving assistance under this title through a declaration made by the President at the request of a State under subsection (a) if the President does not make a declaration under this subsection for the same incident.’.
    (c) Definitions- Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended–
      (1) in paragraph (7)(B) by striking `; and’ and inserting `, that is not an Indian tribal government as defined in paragraph (6); and';
      (2) by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively;
      (3) by inserting after paragraph (5) the following:
      `(6) INDIAN TRIBAL GOVERNMENT- The term `Indian tribal government’ means the governing body of any 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 et seq.).'; and
      (4) by adding at the end the following:
      `(12) CHIEF EXECUTIVE- The term `Chief Executive’ means the person who is the Chief, Chairman, Governor, President, or similar executive official of an Indian tribal government.’.
    (d) References- Title I of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended by adding after section 102 the following:

`SEC. 103. REFERENCES.

    `Except as otherwise specifically provided, any reference in this Act to `State and local’, `State or local’, `State, and local’, `State, or local’, or `State, local’ (including plurals) with respect to governments or officials and any reference to a `local government’ in sections 406(d)(3) and 417 is deemed to refer also to Indian tribal governments and officials, as appropriate.’.
    (e) Regulations-
      (1) ISSUANCE- The President shall issue regulations to carry out the amendments made by this section.
      (2) FACTORS- In issuing the regulations, the President shall consider the unique conditions that affect the general welfare of Indian tribal governments.

SEC. 1111. RECOMMENDATIONS FOR REDUCING COSTS OF FUTURE DISASTERS.

    (a) Report to Congress- Not later than 180 days after the date of enactment of this division, the Administrator of the Federal Emergency Management Agency shall submit to Congress recommendations for the development of a national strategy for reducing future costs, loss of life, and injuries associated with extreme disaster events in vulnerable areas of the United States.
    (b) National Strategy- The national strategy should–
      (1) respect the constitutional role and responsibilities of Federal, State, and local governments and the private sector;
      (2) consider the vulnerability of the United States to damage from flooding, severe weather events, and other hazards;
      (3) analyze gaps and duplication of emergency preparedness, response, recovery, and mitigation measures provided by Federal, State, and local entities; and
        (4) include recommendations on how to improve the resiliency of local communities and States for the purpose of lowering future costs of disaster response and recovery.
This entry was posted in Author: Matthew L.M. Fletcher, Legislation, Research and tagged , , , . Bookmark the permalink.

2 Responses to Stafford Act Amendments (Sandy Relief Bill) Passes: Includes Tribal Emergency Requests Provision

  1. Pingback: Navajo Nation Press Release of Disaster Relief Bill Approval | Turtle Talk

  2. Pingback: Turtle Talk Poll: What is the Biggest Indian Law News Story of 2013? | Turtle Talk

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s