What is the tribal government’s role in flood mitigation and emergency management?

Depending on their classification per the Stafford Act, tribes may work with the Federal Emergency Management Agency (FEMA) in different capacities.

• Federally-recognized tribes can choose to operate with powers similar to those of a state (and work directly with FEMA as a direct recipient of funding), a local government (and work with FEMA through their state as a subrecipient of funding to the state), or both.
• State-recognized tribes are considered local governments and must work through their states when interacting with FEMA; they do not have the option to act as a state.

See the definitions of Indian Tribal Governments and local governments in the Stafford Act and the FEMA Tribal Policy, the most recent version of which is hosted on the FEMA Tribal Affairs webpage.

Tribal government borders can cross multiple counties and States. This complexity can lead to unique challenges when working to address flooding on tribal lands. Specifically with regard to the FEMA National Flood Insurance Program (NFIP), any tribe with land use authority – regardless of their classification in the Stafford Act – can join the NFIP as a community, even if no flood hazard map exists that covers all tribal lands. Communities that participate in the NFIP must “adopt and implement local floodplain management regulations that contribute to protecting lives and reducing the riesgo of nueva construcción and substantial improvements from future flooding.” Participation in the NFIP can help a tribal government protect its community members against financial losses resulting from flood disasters and may help decrease their individual flood insurance primas.

Tribal governments that do not have floodplain management regulations or other plans in place (e.g., hazard mitigación plans, disaster plans, etc.) may have difficulty accessing federal funding due to eligibility requirements that must be met to access these funds. Tribal governments should ensure they have the necessary plans and regulations in place to ensure eligibility to these key funding streams, as a lack of access can deepen cycles of disaster loss. In 2013, the Eastern Band of Cherokee Indians in North Carolina experienced flood damages totaling more than $5.4 million. They received $3.3 million in federal assistance, of which $1.3 million was contingent on having a disaster plan in effect. Without a disaster plan, the tribe would have received assistance totaling less than half of their estimated damages.

The following resources may help tribal government officials better understand their roles and responsibilities around flooding and mitigation.

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