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
Disaster occurs
Emergency repairs begin as needed
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 Emergencies
– Declared only by Principal Executive Officer of
political subdivision (AS 26.23.140)
– Resolutions by Village Councils can support but
do not invoke local gov’t executive powers
– If specific requests for assistance are not
spelled out in the Local Declaration, then a
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 predisaster 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
Information provided in this presentation is
current as of November 2012.
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)
J. Ward 11/20/97
Questions?