1. FEMA Tribal Consultation Policy

2. FEMA’s Mission
To support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards

3. FEMA Programs Response Recovery Preparedness Grants
Hazard Mitigation Grant Program
National Flood Insurance Program
Recovery includes:
- Individual assistance (direct and financial assistance to individuals for housing and other disaster related needs)
- Public assistance (supplemental Federal disaster grant assistance for debris removal, emergency protective measures, and the repair, replacement, or restoration of disaster-damaged, publicly owned facilities and the facilities of certain Private Non-Profit (PNP) organizations)

4. FEMA-Tribal Partnership
Personnel
National Tribal Affairs Advisor - Milo Booth
FEMA Tribal Branch
Regional Tribal Liaisons (RTLs)
Tribal Affairs Website
Tribal Integration Group (TIG)
Tribal governments and their members are an essential part of our nation’s emergency management team.
FEMA is committed to a Nation-to-Nation relationship with our tribal partners.

5. FEMA-Tribal Partnership
Training for Tribal Representatives
Emergency Management Institute -
2012 Stafford Act Amendment
Current Consultation on the Pilot Tribal Declarations Guidance (FEMA Office of Response and Recovery)
Tribal Homeland Security Grant Program
NRCC ESF-15 Tribal Desk
Tribal governments and their members are an essential part of our nation’s emergency management team.
FEMA is committed to a Nation-to-Nation relationship with our tribal partners.

6. Tribal Consultation Policy
Signed August 2014
Implements Executive Order and President Obama’s Memorandum of November 5, 2009 on Tribal Consultation
FEMA Office of External Affairs consulted with tribes nationwide to receive input on the draft policy (October 2013 – March 2014)
Citations:
Executive Order of November 6, 2000
Consultation and Coordination with Indian Tribal Governments (65 Fed. Reg , Nov. 9, 2000)
Memorandum of November 5, 2009
Tribal Consultation (74 Fed. Reg , Nov. 9, 2009)
Purpose
The Consultation Policy is designed to:
Enhance FEMA’s government-to-government relationships with tribes
Support tribal efforts in preparation for, mitigation of, response to, and recovery from hazards and disasters.
Establish a regular process for consultation
Cover all actions that have tribal implications
Scope and External Audience
The Consultation Policy:
Applies to all FEMA officials who consult or coordinate with tribes
Sets forth broad guidelines for consultation
Is intended to be reviewed and updated regularly
Will reflect FEMA’s ongoing engagement with tribal partners

7. Purpose
Guide FEMA officials on how to engage Indian tribes and Tribal Officials in regular and meaningful consultation on actions that have tribal implications
Enhance FEMA’s government-to-government relationship with tribes

8. Definitions Indian Tribe or Tribe Tribal Officials
An Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. §479a
Tribal Officials
Elected or duly appointed officials of Indian tribal governments or authorized intertribal organizations

9. FEMA Roles & Responsibilities
Senior Agency Officials
Officials that report to the FEMA Administrator
Responsible for consultation in their offices
Tribal Consultation Coordinators (TCC)
Designated by a Senior Agency Official
Implement tribal consultation policy in their offices

10. FEMA Roles & Responsibilities
National Tribal Affairs Advisor (NTAA)
FEMA’s subject matter expert on tribal affairs
Regional Tribal Liaisons (RTLs)
Based in 9 of FEMA’s regional offices
First FEMA point of contact for tribes
Provide technical assistance on FEMA programs
Help Senior Agency Officials and TCCs during consultation

11. FEMA Roles & Responsibilities
Office of External Affairs (OEA)
Maintains and coordinates all public communications
Office of Chief Counsel (OCC)
Offers legal counsel and support on consultation
FEMA Administrator
For Final Regulations or Proposed Legislation that have tribal implications → certifies to OMB that FEMA followed the consultation requirements in E.O

12. Consultation – 4 Phases Identification Notification Input Follow-up
Determine whether to consult on an action, the type of consultation to initiate, and who should be involved
Identification
Senior Agency Official contacts Tribal Officials
Notification
FEMA receives input from Tribal Officials and incorporates the input into FEMA’s decision making process
Input
FEMA follows-up with Tribal Officials to communicate the decision on the action and provides feedback if appropriate
Follow-up
There are four phases of consultation at FEMA: identification, notification, input, and follow-up. We will discuss each of those phases in more detail in the following slides.

13. Phase 1: Identification
Issues for consultation can be identified in two ways:
FEMA may identify an action, or
An Indian tribe or Tribal Official may request FEMA to consider consultation on an action by contacting the NTAA

14. How FEMA determines whether to conduct consultation on an action
Does FEMA’s proposed action have tribal implications?
The Senior Agency Official determines whether the action has tribal implications
The Senior Agency Official works with their Tribal Consultation Coordinator, the National Tribal Affairs Advisor, and the Office of Chief Counsel
An example of consultation required by law is consultation required by Section 106 of the National Historic Preservation Act.
The second question, “does FEMA’s proposed action have tribal implications” is the standard that comes from the Executive Order on Tribal Consultation.

15. Phase 1: What is an Agency Action?
FEMA actions are:
Regulations or rules,
Legislative proposals,
Policies, guidance documents, directives, or other policy statements
The TCP applies to FEMA actions commenced on or after August 12, 2014

16. Phase 1: When is there a tribal implication on a FEMA action?
When the FEMA action has a substantial direct effect on:
One or more Indian tribes
The relationship between the Federal Government and Indian tribes
The distribution of power and responsibilities between the Federal Government and Indian tribes

17. What is a substantial direct effect?
Generally refers to an effect or impact on a tribe or tribes that is (all three):
Either beneficial or adverse;
Directly caused by the FEMA action; AND
Significant
The Senior Agency Official works with their TCC, the NTAA, and OCC to determine whether the action has tribal implications.

18. Phase 1: How to determine which method of consultation to use
When: Early in the process
Who: The Senior Agency Official works with the Tribal Consultation Coordinator, the Office of External Affairs, and the National Tribal Affairs Advisor
What: There are several ways to conduct consultation

19. Factors to Consider Complexity of the action
Number of Indian tribes impacted
Scope, scale, and degree of tribal implications
FEMA and tribal time and resource constraints
Stated preference of the Indian tribe(s) affected
Unique cultural sensitivities of Indian tribes
Technological capabilities of tribes

20. How to determine whom to consult
Tribal Officials or designees of federally- recognized tribes
Examples of designees
Tribe’s emergency management or disaster point of contact or subject matter expert
Tribal council members
Employees from the tribal government like public works, transportation, cultural, etc.

21. Consultation – 4 Phases Identification Notification Input Follow-up
Determine whether to consult on an action, the type of consultation to initiate, and who should be involved
Identification
Senior Agency Official contacts Tribal Officials
Notification
FEMA receives input from Tribal Officials and incorporates the input into FEMA’s decision making process
Input
FEMA follows-up with Tribal Officials to communicate the decision on the action and provides feedback if appropriate
Follow-up
There are four phases of consultation at FEMA: identification, notification, input, and follow-up. We will discuss each of those phases in more detail in the following slides.

22. Phase 2: Notification When FEMA will notify
Early enough for tribes to provide meaningful input and for FEMA to consider that input
What will be included in notification
Overview of the consultation process
Topics to be discussed
How input will be received and timeline
FEMA contact information

23. Phase 2: Notification How tribes will be notified
In writing, typically this is in the form of a letter from the Administrator
NTAA maintains current contact information for Tribal Officials of federally recognized tribes
Examples of additional methods to notify, after send letter
Phone calls
Relevant media

24. Consultation – 4 Phases Identification Notification Input Follow-up
Determine whether to consult on an action, the type of consultation to initiate, and who should be involved
Identification
Senior Agency Official contacts Tribal Officials
Notification
FEMA receives input from Tribal Officials and incorporates the input into FEMA’s decision making process
Input
FEMA follows-up with Tribal Officials to communicate the decision on the action and provides feedback if appropriate
Follow-up
There are four phases of consultation at FEMA: identification, notification, input, and follow-up. We will discuss each of those phases in more detail in the following slides.

25. Phase 3: Input FEMA meets with tribes and receives input
Purpose is to hear tribal perspectives, and discuss questions and concerns
This phase continues until FEMA has sufficient input to make an informed decision

26. How to Document Consultation
Discuss how the consultation will be documented with participating Indian tribes
Documentation should include, at a minimum:
Date and location
List of FEMA and Indian tribal participants
Summary of issues discussed
Thorough description of input received from Indian tribes and Tribal Officials
Consultation usually occurs in the regions. The record of consultation is a way that FEMA can capture tribal feedback. FEMA officials in the regions will send that feedback to headquarters so policy makers can consider tribal input in the development of the FEMA action that has tribal implications.
Example of documentation include:
A FEMA note taker
A video or voice recording
A professional transcript
Comments submitted in response to a Federal Register notice
If a voice or video recording is made at a consultation event, the facilitator must notify participants about the recording.

27. Examples of Documentation
FEMA note taker
Video or voice recording
Professional transcript
Comments submitted to FEMA in response to a Federal Register Notice

28. Consultation – 4 Phases Identification Notification Input Follow-up
Determine whether to consult on an action, the type of consultation to initiate, and who should be involved
Identification
Senior Agency Official contacts Tribal Officials
Notification
FEMA receives input from Tribal Officials and incorporates the input into FEMA’s decision making process
Input
FEMA follows-up with Tribal Officials to communicate the decision on the action and provides feedback if appropriate
Follow-up
There are four phases of consultation at FEMA: identification, notification, input, and follow-up. We will discuss each of those phases in more detail in the following slides.

29. Phase 4: Follow-Up When follow-up with Indian tribes occurs
Once FEMA finalizes the action
What follow-up with Indian tribes includes
Informs tribes of the resolution
How to follow-up with Indian tribes
Typically in writing, but may also use a number of other methods
Follow-up typically includes: a description of the action that was consulted on, the dates that the consultation occurred, FEMA’s decision on the action, and the contact information for a FEMA employee that can provide any technical assistance or respond to any questions. In some instances, follow-up may include a summary of input received or a final product, such as a copy of a final policy.
Other methods of follow-up include, but are not limited to: FEMA’s website, background in a policy or the preamble of a rulemaking, letters, , other forms of correspondence, publication in relevant media or the Federal Register, verbal communication, or follow-up through other suitable means.

30. FEMA Tribal Resources Personnel Tribal Affairs Website
National Tribal Affairs Advisor - Milo Booth
FEMA Tribal Branch
Regional Tribal Liaisons (RTLs)
Tribal Affairs Website
Tribal Integration Group (TIG)
Tribal governments and their members are an essential part of our nation’s emergency management team.
FEMA is committed to a Nation-to-Nation relationship with our tribal partners.

31. Questions and Comments?