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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
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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.
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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
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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…
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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
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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
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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.
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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.
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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.
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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.
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Ownership Determination
• Who has legal responsibility for permanent repairs to facilities, roads?– Owner– By agreement
• Lease• Contract
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Recent Disaster Funded Road Projects
• 2011 Spring Floods
– Crooked Creek (ANV/ANVSA), 1 project, $115,000
– DOT&PF, 1 project $70,000
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Recent Disaster Funded Road Projects
• 2012 West Coast Storm
– Native Village of Goodnews Bay - $18,300
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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.
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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.
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Questions?