SENATE JOINT MEMORIAL 51

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Richard C. Martinez

A JOINT MEMORIAL

REQUESTING THE UNITED STATES CONGRESS TO AMEND THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT TO ALLOW TRIBAL GOVERNMENTS TO DIRECTLY APPLY FOR FEDERAL DISASTER AID.

     WHEREAS, in 2011, a number of New Mexico pueblos were severely and adversely affected by natural disasters, including the Las Conchas fire, which affected the Pueblo of Santa Clara, Pueblo of Cochiti, Pueblo of Jemez, Pueblo of Acoma and Pueblo of San Ildefonso, both directly and through subsequent flooding events and snow emergencies; and

     WHEREAS, although federally recognized tribes have a government-to-government and trust relationship with the United States, pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, only states, through the governor, can make disaster declaration requests directly to the president of the United States; and

     WHEREAS, amending that law would acknowledge the sovereignty of federally recognized Indian tribes and the trust relationship of the United States and would enhance the working relationship between tribal governments and the federal emergency management agency, yielding better emergency response outcomes; and

     WHEREAS, the United States house of representatives is considering legislation that would amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act, which provides authorization for the federal emergency management agency to include procedures for Indian tribal governments to directly request of the president of the United States a disaster declaration on their respective reservations and to provide a cost share waiver for nonfederal contributions; and

     WHEREAS, on July 21, 2011, the United States senate committee on Indian affairs held a hearing entitled "Oversight Hearing on Facing Floods and Fires - Emergency Preparedness for Natural Disasters in Native Communities", in which the main tribal witness was Governor Walter Dasheno of the Pueblo of Santa Clara, who testified to the value of allowing Indian tribes to request directly of the president of the United States a disaster declaration on their reservations and to provide cost share waivers; and

     WHEREAS, the United States senate committee on Indian affairs is working on draft legislation to address the concerns raised by the governor of the Pueblo of Santa Clara; and

     WHEREAS, on December 7, 2011, the federal emergency management agency announced that it supports amending federal law to allow federally recognized tribal governments to make disaster declaration requests directly to the president;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the United States congress be requested to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to allow federally recognized Indian tribes to make disaster declaration requests directly to the president of the United States and to provide for cost share waivers; and

     BE IT FURTHER RESOLVED that the New Mexico congressional delegation be requested to support such an amendment and to work closely with the New Mexico tribes on the terms of the amendment; and

     BE IT FURTHER RESOLVED that copies of this memorial be sent to the speaker of the United States house of representatives, the president pro tempore of the United States senate and the members of the New Mexico congressional delegation.

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