Only tribes that are federally recognized can make disaster declaration  requests. Tribes Considered Sovereignty, Finances, FEMA Support, and Emergency Management Capacity When Deciding How to Request a Disaster Declaration

Officials from the tribes that responded to our survey and those we  interviewed reported that there are several factors they took into  consideration when deciding whether to make a direct request or to join a  state’s request for a disaster declaration, during the 2013 to 2016 period. On the basis of the cumulative responses from these officials, we found  that tribal sovereignty, financial matters, FEMA support, and the tribe’s  emergency management capacity were key factors in their decision- making process. For example, in  instances where the state’s request for a major disaster declaration has  been denied, tribes now have the option to request disaster assistance  directly as a result of this new authority. Tribes’ Emergency Management Capacity

Tribal officials’ confidence in the tribe’s capacity to manage the major  disaster declaration process and subsequently administer the recovery  without assistance from a state was a key factor in determining whether  or not to seek a request directly or join a state request. FEMA Has Created Pilot Guidance for Tribes and Offers Training and Technical Assistance on Directly Requesting Disaster Declarations

Since the passage of SRIA in 2013, FEMA has implemented various  policies tailored to tribes that wish to make a direct request to the  President, through FEMA, for federal disaster assistance. FEMA officials told us that, before beginning the development of  regulations on tribal disaster declarations, they intend to operate under  the pilot guidance for at least 2 years. According to officials, they have identified data they would like to collect  to assess the guidance before finalizing it. In addition, FEMA has RTLs in  each regional office that are a primary point of contact for tribal  governments that have questions or require technical assistance on  FEMA programs. They provided technical comments,  which we incorporated as appropriate. GAO staff who made key contributions to this report  are listed in appendix V.

Appendix I: Objectives, Scope, and Methodology

The objectives of this study were to examine (1) the factors that influence  selected tribes’ decisions about how to seek federal assistance through a  major disaster declaration and (2) the actions the Federal Emergency  Management Agency (FEMA) is taking to assist tribal efforts to request  and manage disaster declarations. Although the  information gathered from our survey and site visits cannot be  generalized across the tribes, our observations and the tribal officials’  responses underscored the uniqueness of each tribe and each disaster,  as well as offering important details regarding the opportunities and  challenges for tribes under this new authority. We also interviewed FEMA officials about the actions they had taken to  help tribes make informed decisions about whether they would prefer to  exercise the new authority.
Why GAO Did This Study

Since the Sandy Recovery Improvement Act (SRIA) of 2013, federally recognized Indian tribes affected by major disasters have had the option to make disaster declaration requests directly to the President of the United States or join a state's request for federal disaster assistance. Prior to this, tribes had to receive assistance through a state.
GAO was asked to assess the implementation of this new authority. This report addresses (1) the factors that influenced selected tribes' decisions about how to seek federal disaster assistance, and (2) the actions FEMA has taken to help tribes exercise the new authority.
GAO analyzed FEMA's pilot guidance for tribal declarations and interviewed FEMA and tribal emergency management experts. GAO also surveyed the 36 tribes who made requests for disaster assistance in fiscal years 2013-2016 about the factors that influenced their decision making. Twenty three tribes responded. GAO visited seven tribes selected from among the survey respondents to represent different FEMA regions and disaster types. The site visits cannot be generalized but provided valuable insights into the opportunities and challenges of exercising this new authority.

What GAO Found

According to tribal officials GAO surveyed and interviewed, there are several factors they considered when deciding whether to make a direct request or to join a state's request for a major disaster declaration. Key factors that tribes reported considering were the (1) importance of tribal sovereignty, (2) financial matters such as the timeliness with which they receive funds, (3) the level of support they anticipated receiving from the Federal Emergency Management Agency (FEMA), and (4) their own emergency management capacity. For example, survey results showed that tribal officials' confidence in their capacity to manage the declaration was a key factor in determining whether to make a request directly. Specifically, various elements of emergency management capacity, as illustrated below, could affect tribes' ability to manage a declaration.
FEMA has developed pilot guidance for tribal declarations and solicited comments from tribes, as part of its effort to consider the needs of tribes and develop regulations. According to FEMA officials, they are currently assessing the effectiveness of policies and procedures based on data collected from tribal declarations since the passage of SRIA. These officials said they intend to begin the rulemaking process as soon as 2 years into the pilot, but may delay if they cannot collect enough data about different disaster situations during that time to conduct a complete analysis. Until the regulations are final, officials say they will exercise flexibility whenever possible. In addition, the agency offers training on the tribal declaration process and has dedicated staff who act as primary points of contact for tribal governments that require technical assistance.

What GAO Recommends

GAO is not making any recommendations in this report.