WASHINGTON, D.C. – Bipartisan legislation authored by U.S. Senators Gary Peters (D-MI) and Mike Rounds (R-SD) that requires FEMA to accept requests from Tribal governments to receive a Fire Management Assistance Grant (FMAG) Declaration has advanced in the Senate. Currently, FEMA can accept Emergency and Major Disaster Declaration requests from Tribal governments, but the agency is not authorized to accept FMAG requests directly from Tribes. This limitation impedes Tribes’ capacity to access federal resources for wildfire management directly and undermines Tribal independence by forcing them to work through state governments rather than having the option to interact directly with federal authorities for this specific type of assistance. The bill was advanced by the Senate Homeland Security and Governmental Affairs Committee where Peters serves as Chair, and now moves to the full Senate for consideration.
“As natural disasters like wildfires become more frequent, Tribal governments must have a clear and direct path to request for federal funding,” said Senator Peters. “Current regulations prevent FEMA from accepting FMAG Declarations from Tribes, but my bipartisan bill will close this gap and ensure Tribal governments have the option to directly access FEMA funding when emergencies strike.”
“Tribes in South Dakota and across the nation shouldn’t have to go through unnecessary extra steps to receive assistance for wildfire management,” said Senator Rounds. “I am pleased to co-lead this legislation with Senator Peters, which would allow tribes to directly request Fire Management Assistance Grant declarations from FEMA. This maintains tribal sovereignty, instead of making tribes a sub-recipient of a state emergency declaration.”
Currently, FEMA offers three types of declarations for wildfire disaster assistance: Fire Management Assistance Grant (FMAG) Declarations, Emergency Declarations, and Major Disaster Declarations. While the Sandy Recovery Improvement Act granted federally recognized Tribal governments the authority to directly request Emergency and Major Disaster Declarations from the President or go through a state request, this does not extend to FMAG Declarations. As a result, FEMA is not authorized to accept direct requests from Tribal governments, which means Tribes can only receive FMAG assistance as subrecipients of state-approved declarations, despite their status as sovereign nations.
The bipartisan Fire Management Assistance Grants for Tribal Governments Act would amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to require FEMA to accept Fire Management Assistance Grants (FMAGs) requests directly from Tribal governments that are affected by a fire. The bill would ensure FEMA is authorized to accept Tribal governments requests for a FMAG Declaration directly or through a state request, making it the same for all three declaration types.
Below are statements in support of the senators’ bipartisan legislation:
“The National Congress of American Indians (NCAI) thanks Senators Gary Peters and Mike Rounds for introducing the Fire Management Assistance Grants for Tribal Governments Act. This critical legislation recognizes the need to bring tribal governments to full parity with state governments in requesting assistance to manage and prevent wildfires,” said Larry Wright, Jr., Executive Director of the National Congress of American Indians. “NCAI appreciates the Senators’ commitment to addressing this oversight, acknowledging the authority and capability of tribal governments to declare disasters and protect their citizens from imminent threats. These amendments ensure that emergency disaster assistance requests from tribal governments will be treated with the same urgency and consideration as those from states. NCAI looks forward to the regulatory amendments that will follow the passage of this bill, fostering robust discussions on enhancing partnerships between tribal governments and federal agencies to safeguard Indian Country from the escalating threat of wildfires.”
“This legislation will allow Tribal Governments to request all three types of disaster declarations: Emergency, Major, or Fire Management. Currently, Tribes must go through a state for a Fire Management Assistance Grant Declaration, but have the option to request their own Emergency and Major Disaster Declarations,” said Gary Edwards of the Chief Executive Office of the National Native American Law Enforcement Association. “Once this legislation becomes law, the Tribes will stand on equal footing with states in making all three Disaster Declaration. We thank Senators Peters and Rounds for their leadership on this issue.”
“When disasters strike, county officials and emergency responders play a critical role in the immediate response and longer-term efforts to help our communities and residents recover,” said National Association of Counties Executive Director Matthew Chase. “Counties work closely with our tribal partners to ensure that necessary resources are available after a disaster. The bipartisan Fire Management Assistance Grants for Tribal Governments Act would allow tribal governments to request a fire management declaration directly from FEMA, which would result in assistance reaching the ground more efficiently. We thank Senators Peters and Rounds for introducing this legislation and urge its swift consideration.”
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