Designating Areas Eligible for Assistance, Definition of Tribal Lands

After the President declares that an emergency or major disaster exists in a State, areas within the State are designated as eligible for assistance. FEMA’s regulatory definition of “designated area” eligible for assistance under each program (Public Assistance, Individual Assistance, and the Hazard Mitigation Grant Program) is “any emergency or major disaster-affected portion of a State which has been determined eligible for Federal assistance.” (44 CFR 206.2(a)(4)). In practice, FEMA typically identifies counties, parishes, independent cities, and Tribal governments as “designated areas” eligible for assistance.

FEMA would like your opinion on how FEMA should designate Tribal areas eligible for assistance for any or each of the FEMA assistance programs (Public Assistance, Individual Assistance, and the Hazard Mitigation Grant Program) and what FEMA should use as the definition of Tribal lands during the pilot program.

FEMA welcomes comments on any or all of the topics addressed below in the manner you prefer. Comments are also welcomed on any other issues that may not be covered in the below topics.

Designating Areas Eligible for Assistance, Definition of Tribal Lands

Disaster Designation of Tribal Lands

This would only apply if the tribal govt. is requesting separately from the state. All land within the limits of an Indian reservation that is under the jurisdiction of the US govt, all dependent Indian communities and all allotments still in trust, located on or off reservations are generally areas where tribal sovereignty applies. These areas can be located in multiple states and often not contiguous. Just as counties ...more »

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