FEMA Is Stepping Back: What It Means for Tribal Nations

Key points

Still in effect: the tribal mitigation plan requirement, the option to request a tribal declaration, and the Stafford Act insurance rules.
Proposed: revised declaration criteria, a lump sum Public Assistance grant to each state, tribe or territory, and sliding cost shares. Several require Congress.
BRIC no longer funds mitigation planning, but an approved tribal mitigation plan is still required for FEMA mitigation grants.
As the federal role narrows, insurance carries more of the cost of recovery on tribal facilities.

What FEMA has said

In September 2026, FEMA described its approach to recovery as “state-led and federally supported” ¹, and its Administrator stated that emergency preparedness and disaster response are most effectively managed by state and local governments ². The FEMA Review Council, whose final report was approved on May 7, 2026, framed its central recommendation as a return of “leadership for emergency response and recovery to the States, Tribes and Territories” ³.

Most coverage has focused on states, but the Council’s framework applies equally to tribal governments, which would manage their own recovery with FEMA in a supporting role ^3,4.

What the Review Council recommended

According to the Congressional Research Service, the Council recommended the following ⁴:

revising the criteria for major disaster declarations, including raising Public Assistance cost thresholds to account for inflation;
replacing site by site Public Assistance reimbursement with an up-front, lump sum formula grant to each state, tribe or territory, which that government would administer;
sliding scale cost shares for Public Assistance and mitigation, tied to preparedness; and
implementation in phases over two to three years.

CRS notes that executive action could carry out some of these recommendations, such as changes to declaration criteria, while many others would require legislation. CRS also notes that some past up-front awards experienced delays and cost overruns. The Council reported engaging at least 20 tribal nations during its review ⁴.

The capacity question

CRS has also examined whether states can absorb these responsibilities. Its September 2026 report cites a survey of 37 state emergency management agencies that identified insufficient staff and funding as their two most significant challenges, and it notes earlier findings that tribal officials face challenges building and maintaining emergency management capacity ⁵. FEMA made a similar observation when it released its first National Tribal Strategy in 2022: “many of our tribal nations have very small emergency management offices” ⁶.

Status at a glance

Status	Item	Authority type
In effect	A FEMA approved tribal mitigation plan is a condition of non-emergency Stafford Act assistance and FEMA mitigation grants, and must be reviewed and updated at least every five years ⁷	Federal regulation, 44 C.F.R. § 201.7
In effect	A tribal government may request its own declaration or receive assistance under a state’s declaration ⁸	Federal agency guidance
In effect	FEMA may not pay for losses covered by insurance, and a repaired facility must keep required insurance to remain eligible for future assistance ⁹	Federal statute, Stafford Act §§ 311 and 312
In effect	The fiscal year 2024 and 2025 BRIC funding notice removed funding for hazard mitigation planning and retained a $50 million tribal set-aside ¹⁰	Federal funding notice, March 25, 2026
Proposed	Revised declaration criteria, lump sum Public Assistance grants and sliding cost shares ⁴	Advisory recommendations; several require Congress
Proposed	H.R. 4669, the Fixing Emergency Management for Americans Act of 2025, was ordered reported by the House Transportation and Infrastructure Committee 57 to 3 on September 3, 2025, and has not received a floor vote. CRS describes a provision that would allow federally recognized tribes to receive Fire Management Assistance Grants ¹¹	Proposed federal legislation
Not yet issued	Formal FEMA policy, regulation or funding notice implementing the Council’s recommendations on declarations, cost shares or Public Assistance ^1,4	Statements of direction only

Statements of direction do not change eligibility. Eligibility changes through formal FEMA policy, funding notices, regulations or legislation.

Implications for tribal nations

Authority and cost. The framework treats tribes as managers of their own recovery ^3,4. This is consistent with tribal self-determination, and it may also shift more of the initial cost of a disaster to the tribe.
Declaration criteria. If thresholds rise, a disaster that is severe for a tribal community may fall below the federal standard. Tribal leaders raised this concern during the Council’s review ¹².
The state pathway. FEMA’s tribal declarations guidance recognizes that some states do not pass federal funding through to tribes ⁸. States absorbing more of their own costs may be less able to accept tribes as subrecipients.
A lump sum model. A formula grant administered by the tribe would give the tribe more control over project decisions and more responsibility for documentation, procurement and closeout ⁴.
Insurance. With less federal assistance, insurance proceeds become the primary source of recovery funding for tribal facilities. Coverage limits, deductibles and flood coverage carry greater consequence, and the Stafford Act insurance rules continue to apply to any federal assistance that is received ⁹.
Mitigation planning. BRIC no longer funds plan development ¹⁰, but an approved tribal mitigation plan remains a condition of FEMA mitigation grants and non-emergency assistance ⁷.

Perspectives

Supporters, including the administration, maintain that disasters are managed most effectively by the governments closest to them, that recovery should not wait on a federal declaration, and that FEMA’s role should center on risk reduction and capacity building ^1,2.

Critics, including tribal leaders, have pointed to the absence of a tribal representative on the Review Council and to the risk that higher thresholds would place federal assistance out of reach for many tribes ¹². The capacity findings summarized by CRS raise the related question of whether state, tribal and territorial governments have the staff and reserves to take on these responsibilities ⁵.

Six steps tribal governments can take now

These steps apply under current rules and would continue to apply under a reduced federal role.

Review insurance on every tribal facility: limits, deductibles, flood coverage and the property schedule, including any obtain and maintain requirement attached to a prior FEMA grant.
Decide the declaration pathway in advance: whether the nation would request its own declaration or proceed under the state’s, and whether the state passes federal funds through to tribes.
Confirm the mitigation plan’s approval date. If the plan expires within two years, schedule the update and identify a funding source.
Review the emergency management code and emergency operations plan, which establish the authority to act quickly after a disaster.
Consider an emergency reserve, which shortens the time between a disaster and the first repairs.
Monitor formal FEMA notices and pending legislation, including H.R. 4669.

Common questions

Has FEMA changed the rules for tribal disaster declarations?

Not as of October 21, 2026. A tribe may still request its own declaration or receive assistance under a state’s declaration under FEMA’s Tribal Declarations Interim Guidance. The Review Council recommended revised declaration criteria, but FEMA has not issued formal policy implementing them.

Does a tribe still need a FEMA approved hazard mitigation plan?

Yes. Under 44 C.F.R. § 201.7, an approved tribal mitigation plan remains a condition of non-emergency Stafford Act assistance and FEMA mitigation grants, and the plan must be reviewed and updated at least every five years. BRIC no longer funds plan development.

What is the lump sum Public Assistance proposal?

The Review Council recommended replacing site by site reimbursement with an up-front formula grant to each state, tribe or territory, based on hazard characteristics and affected population, which that government would administer. It is a recommendation, not a rule, and CRS notes that many of the Council’s recommendations would require legislation.

Working with Okla Risk Advisors

Okla Risk Advisors is a firm whose principal is an Executive General Adjuster with a master’s degree in Indigenous Peoples Law. ORA works with tribal governments, and with the insurers, contractors and public entities involved in tribal recovery, on:

To discuss a file or a question, email chrischambers@oklariskadvisors.com or use the contact page. The firm accepts engagements from either side of a dispute.

About the author

Chris Chambers is an Executive General Adjuster and the founder of Okla Risk Advisors. He has more than 25 years of catastrophe property and casualty experience and has deployed to many of the large-scale U.S. disasters since 2004. He holds an MLS in Indigenous Peoples Law from the University of Oklahoma, is a member of the Oklahoma Indian Bar Association, and is an enrolled citizen of the Choctaw Nation of Oklahoma. He holds NFIP certification at all four levels and FEMA IS-318.b certification.

This article is general information, not legal advice. It reflects public statements and documents available as of October 21, 2026.

Sources

FEMA, FEMA Approves Nearly $43 Million in Funding to Help Communities Recover from Recent Disasters (Sept. 29, 2026). Federal agency press release
FEMA, FEMA Announces Nearly $180 Million to Help Communities Strengthen Their Resilience (Sept. 18, 2026). Federal agency press release
FEMA Review Council, Final Report (May 7, 2026). Federal advisory report
Cong. Research Serv., IN12693, FEMA Review Council: Final Report (May 15, 2026). Congressional research
Cong. Research Serv., R49336, Understanding State Capacity for Emergency Management (Sept. 3, 2026). Congressional research
Tribal Business News, FEMA releases first-ever National Tribal Strategy (Aug. 2022) (quoting FEMA Administrator Deanne Criswell). News report
44 C.F.R. § 201.7 (2025), text. Federal regulation
FEMA, Tribal Declarations Interim Guidance (Dec. 2024). Federal agency guidance
Robert T. Stafford Disaster Relief and Emergency Assistance Act §§ 311, 312, 42 U.S.C. §§ 5154, 5155. Federal statute
FEMA, FEMA Announces $1 Billion in Federal Funding to Help States Mitigate Impact of Disasters (Mar. 25, 2026). Federal agency press release
Fixing Emergency Management for Americans Act of 2025, H.R. 4669, 119th Cong. (2025), bill text; Cong. Research Serv., R49028, Fixing Emergency Management for Americans Act of 2025: Context, Overview, Summary of Provisions (July 10, 2026). Proposed federal legislation
ICT, Cherokee Nation pushes for tribal input within the FEMA Review Council (Sept. 27, 2025). News report