For purposes of HMGP, HMGP Post Fire, BRIC and FMA, federally recognized tribes may apply to FEMA directly as an applicant, or they may apply as a subapplicant through their state or territory.[48] For the purposes of HMGP assistance, federally recognized tribes may obtain their own disaster declaration consistent with Section 401 of the Stafford Act.[49] Federally recognized tribes can also be recipients under a state’s declaration. If they choose to become a recipient under the state’s disaster declaration, they must do so before the application period closes. In this case, the assistance will be apportioned based on the damage the federally recognized tribe sustained from the disaster on the tribal land. Finally, federally recognized tribes may choose to be subapplicants under a state’s disaster declaration. If a state receives a declaration that includes tribal lands, the tribal government may choose to be either a subrecipient or recipient for HMGP funding.
If a federally recognized tribe is interested in requesting HMGP assistance as an applicant based on the tribe’s own disaster declaration, the federally recognized tribe must submit a disaster declaration request.
Once a tribal government receives a declaration, the tribal government becomes the recipient for the administration of any assistance authorized by the President for the declared incident, which may include the HMGP.
A tribal government acting as a recipient will assume the responsibilities of a state under 44 CFR Part 206, Subpart N for the purposes of administering the award.[50] Federally recognized tribes interested in acting as a recipient must have a FEMA-approved tribal mitigation plan in accordance with 44 CFR § 201.7. However, if a federally recognized tribe with a FEMA-approved tribal mitigation plan coordinates the review of its plan with the state, the tribe also has the option to apply as a subapplicant through that state or another federally recognized tribe.
To be eligible for HMA funding, tribal applicants and subapplicants must have a FEMA-approved tribal mitigation plan that has been adopted by the tribe in accordance with 44 CFR § 201.7 and the tribal mitigation planning policy.
For more information regarding tribal declarations, refer to the FEMA “How a Disaster Gets Declared” and “Tribal Declarations Pilot Guidance” webpages.