Virtual Tribal Consultation on Cost of Assistance Estimates in the Disaster Declaration Process
FEMA is extending the public comment period for Cost of Assistance Estimates in the Disaster Declaration Process for the Public Assistance Program proposed ruled. This meeting will help ensure all interested parties have sufficient opportunity to review and provide comments on the proposed changes.
Date: March 23, 2021
Time: 2:00 pm - 4:00 pm
On December 14, 2020, the Federal Emergency Management Agency (FEMA) published a proposed rule, Cost of Assistance Estimates in the Disaster Declaration Process for the Public Assistance Program. In order to comply with sections 1232 and 1239 of the Disaster Recovery Reform Act of 2018 (DRRA), FEMA proposed to revise the estimated cost of assistance disaster declaration factor that is used to evaluate a governor’s request for a major disaster under the Public Assistance Program. The proposed revisions would more accurately assess states’ disaster response capabilities and comply with the DRRA requirement for FEMA to review and update its disaster declaration factors.
The Sandy Recovery Improvement Act of 2013 amended the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide tribal governments the option to choose whether to make a request directly to the President for a Federal emergency or major disaster declaration or to seek assistance as part of a state’s declaration request. In January 2017, following extensive tribal consultation, FEMA published the Tribal Declaration Pilot Guidance which started the pilot phase of tribal declaration implementation that remains in effect today.
Tribal governments that make a direct declaration request will continue to be subject to the factors outlined in the Tribal Declaration Pilot Guidance and would not be impacted by this proposed rule. However, tribal governments that choose to apply through a state may be impacted by the higher minimum thresholds and state per capita thresholds proposed by this rulemaking.
To register to make remarks during the meeting, please indicate that on the registration form. FEMA will be prioritizing comments from representatives and members of tribal nations. If there is time remaining in the meeting after all registered speakers have finished, FEMA will invite comments from others in attendance.
Written comments on the proposed rule are accepted until 11:59 pm ET on Monday, April 12, 2021, and must be submitted via the Federal eRulemaking Portal at https://www.regulations.gov.