FEMA Has a New Tribal Consultation Policy

The Federal Emergency Management Agency has released the details of a new policy that governs how the Agency consults with American Indian and Alaskan Native tribes. Back in 2009 President Barak Obama issued a Presidential memorandum that called on all federal departments and agencies to put in place specific plans to improve their consultation with tribes in the development of Federal policies that have tribal implications. Several agencies have already rolled out their new policies with the latest being FEMA. The new policy outlines the consultation process between FEMA and tribes including how the agency will handle high-level, formal consultations about big regulatory issues. However, the new policy also outlines how FEMA will handle less formal consultations about routine operational matters. The new policy includes a “Tribal Consultation Planning Checklist” that is intended to help FEMA determine whether or not a consultation is necessary and the process that will be used if its determined a consultation is needed. The new policy stipulates that consultations with tribes occur early in the decision making process and that tribal officials have input into that process. However, the new policy includes language noting that FEMA is not required to agree to any particular result that may be suggested during a consultation. Rather the consultation is intended to help FEMA officials make better informed decisions. The new policy also includes a requirement that FEMA formally communicate to tribes the results of the agencies decision making process. FEMA’s new tribal consultation policy was formally adopted on August 12th but will be subject to a review within 3-years. FEMA Administrator Craig Fugate issued a statement Tuesday claiming that the new policy strengthens FEMA’s effort to support the emergency management needs of Indian Country. He went onto note that the policy will ensure that Tribal leaders continue to have a voice in shaping how FEMA partners with communities before, during and after disasters.