Navajo Nation Press Release on Disaster Relief Bill Approval

Here. Our post with the bill text is here. The press release text:

Bipartisan Disaster Relief Bill Approved

 Tribes To Be Treated Like States, Navajo President Encouraged

WASHINGTON—In a 62-36 vote, the Senate last night approved HR 152, a $50.5 billion package aimed at providing relief and assisting the recovery of communities that were devastated by last October’s Hurricane Sandy.

Included in the measure are provisions that change federal disaster laws to treat tribes as state, rather than local governments.

Having actively encouraged the changes since early last year through meetings and letters with congressional and administration officials and staff, Navajo Nation President Ben Shelly expressed his thanks to Congress for this bold affirmation of tribal sovereignty.

“The Navajo Nation has had a distinct government since before the United States gained its independence from a colonial power. The United States is committed by law and treaty to the self-governance of the Navajo Nation, and working with us on a government-to-government basis. The passage of this bill is a welcoming sign of the blossoming recognition nationally of the sovereignty of the Navajo Nation as a co-equal government within the United States. I appreciate the bipartisan team in Congress that approved this bill, and the bold leadership of the Obama Administration and FEMA Administrator Craig Fugate in endorsing the proposal”.

After the president signs the bill into law, FEMA will hold consultations on the successful implementation of the measure in the coming months.

Stafford Act Amendments (Sandy Relief Bill) Passes: Includes Tribal Emergency Requests Provision

Here is the bill (H.R. 152), and relevant text (Section 1110):

SEC. 1110. TRIBAL REQUESTS FOR A MAJOR DISASTER OR EMERGENCY DECLARATION UNDER THE STAFFORD ACT.

    (a) Major Disaster Requests- Section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) is amended–
    (1) by striking `All requests for a declaration’ and inserting `(a) In General- All requests for a declaration’; and
    (2) by adding at the end the following:
    `(b) Indian Tribal Government Requests-
    `(1) IN GENERAL- The Chief Executive of an affected Indian tribal government may submit a request for a declaration by the President that a major disaster exists consistent with the requirements of subsection (a).
    `(2) REFERENCES- In implementing assistance authorized by the President under this Act in response to a request of the Chief Executive of an affected Indian tribal government for a major disaster declaration, any reference in this title or title III (except sections 310 and 326) to a State or the Governor of a State is deemed to refer to an affected Indian tribal government or the Chief Executive of an affected Indian tribal government, as appropriate.
    `(3) SAVINGS PROVISION- Nothing in this subsection shall prohibit an Indian tribal government from receiving assistance under this title through a declaration made by the President at the request of a State under subsection (a) if the President does not make a declaration under this subsection for the same incident.
    `(c) Cost Share Adjustments for Indian Tribal Governments-
    `(1) IN GENERAL- In providing assistance to an Indian tribal government under this title, the President may waive or adjust any payment of a non-Federal contribution with respect to the assistance if–
    `(A) the President has the authority to waive or adjust the payment under another provision of this title; and
    `(B) the President determines that the waiver or adjustment is necessary and appropriate.
    `(2) CRITERIA FOR MAKING DETERMINATIONS- The President shall establish criteria for making determinations under paragraph (1)(B).’.
    (b) Emergency Requests- Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191) is amended by adding at the end the following:
    `(c) Indian Tribal Government Requests-

Continue reading