A "Hole-in-the-Community" Approach: How Federal Disaster Policy Overlooks Indigenous Communities

Abstract

Although both the Stafford Act and the general federal trust obligation require the U.S. government to make and implement disaster policy for the benefit of Tribes, it is unclear to what extent federal policy (1) supports Tribal disaster mitigation, preparedness, response, and recovery efforts, or (2) integrates techniques to achieve those goals based on Indigenous knowledges. This project begins to explore these issues by examining Federal Emergency Management Agency (FEMA) policies. FEMA administers several Hazard Mitigation Assistance grant programs that fund regional, state, local, and Tribal government projects to mitigate the impacts of natural hazards and other disaster events. By analyzing the content of FEMA policy documents, interviewing Tribal environmental experts, and analyzing FEMA grant data, we explore the barriers Tribal governments face when trying to access these programs. We find that 1) administrative and other burdens, including required hazard mitigation plans and benefit-cost analysis, make it difficult for Tribal governments to qualify for grants; 2) FEMA grant programs are culturally and otherwise inaccessible in ways that systematically disadvantage Tribal applicants; and 3) FEMA recognizes its trust obligation to Tribal governments as defined by applicable law but has not taken the practical steps necessary to meet that obligation. We close with recommended changes to federal policy, including the establishment of an interagency Tribal government task force and changes to benefit-cost analysis, and suggested workarounds for Tribal applicants seeking to engage with the system as it currently exists, including a focus on alternative sources of funding from agencies other than FEMA.