Division of Homeland Security & Emergency Management

Al Cavallo

• Brief Disaster Assistance Overview with an emphasis on Tribal Roads

• Declaration Process

• Proposed Stafford Act Change

• State and Federal Funding

State Disaster’s

Emergency repairs begin as needed

Disaster occurs

Special note: Photographs of the damage should be taken prior to beginning any emergency repairs to document eligibility or the repairs could become ineligible.

State Disasters

• Communities-2 wks to report damages– DHS&EM may help with initial assessment– Tribal road damages must be reported to the Emergency

Relief for Federally Owned Roads, (ERFO) Coordinator, (formal notice of intent within 2 weeks after the event).

• Local Disaster Declaration should request State Assistance, if needed, and be specific on what is requested

State Disasters

• DHS&EM Response Section will assist the community at their request with initial life, health safety assessments

• Preliminary damage assessment (PDA) normally conducted on site.

• The team conducting preliminary damage assessment may include other state agencies such as, DOT, DEC, DNR, etc…

Decisions

• DHS&EM convenes the disaster policy cabinet

• The Disaster Policy Cabinet recommends

course of action to the Governor

• Governor makes final decision

• DHS&EM implements the Governors decision

Federal Disasters(Stafford Act)

• State has 30 days to request Federal Assistance, (federal disaster declaration)

• Preliminary Damage Assessment– Joint Local/State/Federal team– Looking for eligible Stafford Act damages

• Governor makes request to President• President makes decision• FEMA and DHS&EM implement the

program

Local Declarations

• Local Disaster EmergenciesLocal Disaster Emergencies

– Declared Declared onlyonly by Principal Executive Officer of by Principal Executive Officer of political subdivision (AS 26.23.140)political subdivision (AS 26.23.140)

– Resolutions by Village Councils can support but Resolutions by Village Councils can support but do not invoke local gov’t executive powers do not invoke local gov’t executive powers

– If specific requests for assistance are not If specific requests for assistance are not spelled out in the Local Declaration, then a spelled out in the Local Declaration, then a short letter by Mayor can list detailed needs.short letter by Mayor can list detailed needs.

Proposed Change to Stafford Act

• To enable federally recognized tribal governments to directly request a federal emergency or disaster declaration to the President of the United States.

• Option to choose whether to directly request a separate declaration or to receive assistance, as they do presently, under a declaration for a State. 

Some Pros and Cons• Acknowledge the sovereignty of federally recognized

Indian Tribes;• Allow federally recognized tribal governments to prepare

and respond more effectively to disasters in their jurisdictions;

• Ensure equal access for tribal governments in applying for disaster funds, in the same manner that states can; and

• Provide fair and consistent consideration for assistance across Tribal Nations, including those tribes whose geographic boundaries cross multiple states.

Some Pros and Cons• Tribal governments must certify and provide the required

25% supplemental funds beyond the 75% federal share;• Tribal governments must obtain Statewide Single Audit

to meet Federal Single Audit Act;• Tribal governments must demonstrate significant severe

and widespread damages of their facilities to individually qualify; and

• Tribal governments must have a current Hazard Mitigation Plan to be eligible for a federal disaster declaration.

Ownership Determination

• Who has legal responsibility for permanent repairs to facilities, roads?– Owner– By agreement

• Lease• Contract

Road Repair Legal Responsibility

• Owner could be State DOT&PF, City, Village/Council

• ERFO eligible?– Tribal Village/Council is responsible if on

Indian Reservation Road (IRR) inventory

• ER eligible?– AK DOTPF is responsible if federal-aid road

Roads-Legal Responsibility

• Who will be the Applicant for funding?

• Three Probable Applicants– 1. Tribal Village/Council – ERFO Roads– 2. City - Roads within the Community– 3. AK DOT&PF – State Owned and Federal

Aid Highways• a. Rural Major Collectors – Airport Access

Roads

• Some communities have a mix of city, state and village roads.

• If road on IRR inventory, the Tribal Village is responsible to apply for ERFO funding.

• Damage due to lack of road maintenance is not an eligible cost.

STARTING RECOVERY

• Team will arrive on-site.

• Will conduct Applicants Briefing.– Overview of disaster recovery process.– May combine with kick-off mtg with each

applicant.

• Will utilize info developed on legal responsibility for particular roadway.

• Will write Scope of Work for projects.

STARTING RECOVERY

• Projects may include:– Debris removal– Emergency protective measures

• Emergency repairs to roads.• Emergency equipment rentals.

– Permanent repairs to roads.– May be other eligible costs.

STARTING RECOVERY

• Costs not eligible:– Damages due to lack of maintenance.– Repairs made to improve roads beyond pre-

disaster conditions.– Damages caused by a different event.

• Event dates will be set forth in Governor’s Declaration and/or President’s Declaration.

FEMA POLICY

• Effective July 24, 2007• FEMA to provide funding for the

permanent repair/replacement of roads on American Indian and Alaska Native Tribal lands, regardless of their status with BIA.

• FEMA indicates BIA has no specific authority for permanent repair/replacement of roads damaged by a major disaster.

Recent Disaster Funded Road Projects

• 2008 Tanana Basin Floods

– DOT&PF Northern Region, 4 Projects, $230,000.– City of Nenana, 1 Project, $360,000.– Fairbanks North Star Borough, 4 Projects, $240,000.– North Slope Borough, 1 Project, $23,000.

Recent Disaster Funded Road Projects

• 2009 Spring Flooding

– Akiachak (ANV/ANVSA), 1 Project, $190,900.– Crooked Creek (ANV/ANVSA), 2 Projects,

$128,700.– Eagle (ANV/ANVSA), 2 Projects, $317,000.– Stevens Village (ANV/ANVSA), 4 Projects,

$208,000.– Tuluksak (ANV/ANVSA), 2 Projects, $450,000.

Recent Disaster Funded Road Projects

• 2011 Spring Floods

– Crooked Creek (ANV/ANVSA), 1 project, $115,000

– DOT&PF, 1 project $70,000

Recent Disaster Funded Road Projects

• 2012 West Coast Storm

– Native Village of Goodnews Bay - $18,300

Summary

The Disaster Assistance Public Assistance Program assists in

restoring community infrastructure.

It is a supplemental cost reimbursement program with specific

eligibility requirements.

The proposed change to the Stafford Act could have a

significant impact in the way Tribal Governments interact

with both FEMA and the state in future disasters.

This concludes the presentation

J. Ward 11/20/97

Additional information can be obtained from:

FEMA’s Web Sites (www.ready.gov or www.fema.gov) or

DHS&EM Web Site (www.ready.alaska.gov)

Information provided in this presentation is current as of November 2012.

Questions?