Consideration for Tribes
What is the Tribe’s Current Mitigation and Planning Capacity?
One major consideration for tribes is whether a tribe has the capacity to manage the planning grant. Tribes can apply for HMGP and BRIC either directly as an applicant or through the state as a subapplicant. As a direct applicant, a tribe would be responsible for managing the grant and any related project funding but would also have more control of the project. However, tribes and tribal groups—for example, the Morongo Band of Mission Indians in California and the Tanana Chiefs Conference in Alaska, which both contributed to this report—have highlighted that many tribes simply do not have the staff capacity, time, or financial resources to apply directly. Applying through the State Emergency Management Hazard Mitigation Office can minimize these management costs, assist with matching requirements, and may help access technical assistance. Still, other obstacles can arise as the tribe has less control over the application and project, and the states themselves sometimes have their own capacity challenges with a limited number of staff to help tribes initially access HMGP and BRIC funds. Both approaches have benefits and drawbacks depending on the tribe’s capacity, needs, and relationship with the state.
Collaboration with Local, State, and Federal Partners on Energy Resilience
Tribes need to have an approved hazard mitigation plan to be eligible for BRIC and HMGP funds. Tribes can choose to develop multi-jurisdictional plans in partnership with other tribes and/or local governments. Multi-jurisdictional plans may be submitted with grant applications, so long as each participating federally recognized tribe has adopted the plan, which must meet the requirements for tribal mitigation planning specified in Title 44 of the Code of Federal Regulations (CFR) §201.7. FEMA provides hazard mitigation guides and planning tools for tribes here.
If possible, it can be very beneficial to work with the state government. Some tribes have established formal memorandums of understanding (MOUs) or have otherwise collaborated directly with state governments—their emergency management offices, public health departments, or even state universities—to increase tribal capacity and improve planning for disasters and other emergencies. While not always geared toward energy resilience, such agreements and partnerships, which can include joint planning, training and exercises, may help in developing and submitting HMGP and BRIC applications. This can be especially important for non-federally recognized tribes, which can only apply for FEMA funds through their states.
Other organizations may also be able to assist. These groups can leverage their own resources to help tribes with grant writing or technical support to help navigate the grant and application process. For example, the Tanana Chiefs Conference (TCC), an association of 42 members including 37 federally recognized tribes in Alaska, recently worked together with five tribes and the state’s hazard mitigation office to develop individual sub-applications, which are ultimately bundled into the state’s application for hazard mitigation funding. For tribes without the capacity to develop projects and submit applications, and especially where the state hazard mitigation offices also have limited outreach capacity, leveraging this type of assistance can help bridge these gaps and connect tribes to HMGP and BRIC opportunities.
Tribes can also seek state-level grants and funding opportunities for resilience and clean energy, which can be used to leverage HMGP and BRIC funding. In 2021, California created a $2 million Tribal Government Challenge Planning Grant program, which can be used for climate resilience and to improve access to clean energy. However, grants like these may not be available or accessible to all tribes. In these cases, tribes can work directly with FEMA, as described below, to receive funding and assistance for hazard mitigation planning as well as developing and submitting project applications, along with other technical assistance.
FEMA Technical Assistance Can Help Tribes Navigate HMGP and BRIC
FEMA Regional staff can provide technical assistance to federally recognized tribes during hazard mitigation plan development. FEMA training and technical assistance, provided for the HMGP and BRIC programs, can also be a helpful resource tribes can pursue to navigate the project development and application process. FEMA may prioritize tribal governments for non-financial Direct Technical Assistance (DTA) under the BRIC program. Five tribes received DTA through BRIC in 2021.
As an example, the Morongo Band of Mission Indians in Southern California received BRIC Technical Assistance starting in 2020. The tribe faces serious flooding challenges; in recent years, a major wildfire around the reservation exacerbated these flood risks. According to emergency management leaders for the tribe, the reservation has also been experiencing public safety power shutoffs during periods of extreme heat and are often without power longer than nearby areas following outages and disaster events since it’s more difficult to access and quickly restore service in remote areas. As a result, the tribe is looking to bolster its energy resilience by installing distributed solar resources on tribal government buildings. Simultaneously, they are working with FEMA to address other hazards like flooding, which disrupt local power distribution, disconnect the tribe from outside communities, and inhibit emergency response within the reservation. Tribal emergency management staff emphasized the critical role FEMA’s technical assistance played in helping the Morongo Band navigate the BRIC program, walking the tribe through each of the necessary steps including both the planning and project development phases.
How Can Tribal Projects Show a Positive Cost-Benefit?
For remote, less populous tribal communities located on large areas of land like the Morongo Band, the cost-benefit analysis stage of their FEMA HMGP and BRIC project applications can be a significant challenge. Fortunately FEMA has technical assistance available to tribes to guide them through the grant application process from start to finish. This may involve working with tribal leaders to determine how projects can demonstrate a positive cost-benefit. Tribes receiving BRIC technical assistance can ultimately receive funding to cover the costs of their work relating to the technical assistance, such as the development of the cost benefit analysis. While tribes can reach out to FEMA early and directly, FEMA will also release additional guidance for eligible communities that are unable to calculate or demonstrate cost effectiveness of their mitigation project during the review process, which will explain how FEMA can help.
Improve Reliability and Rebuild with Clean Energy
After disaster strikes, tribes have an opportunity through FEMA HMGP to rebuild their communities and energy systems with resilient, renewable energy resources that can further tribal energy sovereignty and environmental stewardship goals, improving long-term energy resilience and security for tribal residents. Through FEMA’s BRIC program, tribes can implement clean energy projects before an actual disaster in a way that similarly ensures electric reliability for the future and facilitates tribal energy sovereignty and stewardship of energy resources. In other words, FEMA’s HMGP and BRIC programs can help tribes maintain full control over their local energy resources in line with other tribal priorities.
Basic Eligibility and Requirements
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BRIC
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HMGP
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Purpose:
BRIC is available to support tribes and territories conducting hazard mitigation projects before a disaster occurs.
$2.295 billion available for FY 2022, with over $2.1 billion available through competitive grants.
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Purpose:
HMGP focuses on post-disaster rebuilding and future threat reduction.
The Biden administration has made $3.46 billion available through HMGP to mitigate climate change impacts.
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Eligibility:
States, territories, tribal governments with a federal disaster declaration in the seven years before applications open are all eligible. There is a BRIC Tribal Set-Aside of $50 million, from which tribal governments can apply for capacity building activities, mitigation projects, and management costs.
Federally recognized tribal governments may apply as either a direct applicant or as a subapplicant. Non-federally recognized tribes are also eligible but may only apply as a subapplicant.
For project grants, both tribal applicants and subapplicants must have a FEMA-approved Tribal Hazard Mitigation Plan by the application deadline and at the time of obligation of grant funds.
Planning grants do not require an approved Hazard Mitigation Plan.
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Eligibility:
States, territories, tribal governments are all eligible. Details on eligibility and project selection criteria can be found on FEMA’s HMGP webpage and in the Code of Federal Regulations, Part 206.
For both project and planning grants, tribal applicants must have a FEMA-approved Hazard Mitigation Plan (HMP) by the application deadline and at the time of obligation of grant funds. For project grants, tribal subapplicants must have an approved Local or Tribal Hazard Mitigation Plan before funds are obligated. Subapplicants do not need an HMP to apply for planning grants.
Tribes must have an approved Administrative Plan identifying positions and minimum number of personnel needed to implement the HMGP.
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There is a 25% match requirement for HMGP and BRIC projects. Disadvantaged rural communities, which would include many tribes, may be eligible for a 90%/10% cost share.
- Per new federal law in 2022, all emergency or major disaster declarations occurring or beginning between Jan. 1, 2020, and Dec. 31, 2021 are eligible for a 90%/10% cost share.
Funds can come from state or local government, individuals, construction labor, funds from a flood insurance policy, or other sources.
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Allowable Uses: Mitigation projects, mitigation planning and plan updates, building code activities and enforcement, property acquisition, project scoping, management costs, etc.
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*This list is not all-inclusive; more eligibility details can be found on FEMA’s HMGP and BRIC webpages. FEMA has also developed a BRIC program support guide for tribal governments.
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Submitting Applications
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BRIC
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HMGP
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For the BRIC Tribal Set-Aside, each proposed capacity-building activity and mitigation project must be submitted as an individual subapplication. Thus, a tribal government can submit one or more subapplications.
Tribes must rank all capacity building activity subapplications in order of prioritization, then rank all mitigation project subapplications.
All mitigation projects are evaluated against FEMA’s eight Technical Criteria. If FEMA receives more eligible subapplications than a given year’s Tribal Set-Aside can support, remaining tribal mitigation projects will be evaluated via the BRIC national competition and further evaluated against Qualitative Criteria. Capacity building activities are not evaluated against either the Technical or Qualitative Criteria.
Application Process: Explains how to submit applications and where to find more assistance.
Application Deadline: Jan. 27, 2023. Subapplicants should contact their State Hazard Mitigation Officer to find out their deadline to submit subapplications.
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FEMA regulations require that a federally recognized tribe interested in requesting HMGP funds directly as an applicant submit a disaster declaration request to FEMA within 30 days of the incident.
HMGP Administrative Checklist: A plan for use of HMGP funds must be approved before receiving HMGP grants. This page can help tribes develop the required Administrative Plans and lists the minimum criteria plans must meet for FEMA approval.
Application Process: Explains project scoping, project development, and project submission.
Application Deadline: 12 months after the date of the presidential major disaster declaration under which the application is being made. If requested, FEMA may extend the application submission timeline in 30- to 90-day increments, not to exceed 180 days. For more information, see 44 CFR Section 206.436.
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* Subapplicants must meet the state applicant’s requirements and deadlines and adhere to the state applicant’s priorities.
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New for HMGP and BRIC in 2022
The Department of Homeland Security Appropriations Act of 2022 includes a provision that increases the federal cost share for the Hazard Mitigation Grant Program (HMGP) to at least 90% for all emergency or major disaster declarations occurring or beginning between Jan. 1, 2020, and Dec. 31, 2021. While many tribes may already be eligible for this increased federal cost share, this new policy ensures that all applicants, including tribes, are eligible for increased funding.
Several changes were made to the BRIC program for 2022 along with significantly increased funding that doubled the BRIC Tribal Set-Aside. Importantly, a cost-benefit analysis is no longer needed prior to applying for a BRIC grant, though it is still needed to obtain funding. FEMA may assist federal recognized tribal governments or disadvantaged communities with the development of a cost-benefit analysis for mitigation projects after a project has been submitted. The 2022 BRIC grant cycle also now allows entities working in collaboration with an Economically Disadvantaged Rural Community (EDRC) to build and submit a subapplication on their behalf and include an authorization letter with the subapplication permitting them to do so. Additional changes can be found here, including newly adjusted technical and qualitative criteria to increase points given to disadvantaged communities and tribes, and to encourage increased community outreach by applicants throughout the process. These changes may be beneficial for many tribes, including non-federally recognized tribes, as many of these changes aim to improve equity in the distribution of BRIC grants.
Unsure of Where to Begin? Try Starting Here:
The State Hazard Mitigation Officer or the FEMA Regional Office’s Regional Tribal Liaison can help tribes understand how to get the HMGP or BRIC application process started. Additionally, FEMA’s National Tribal Affairs Advisor within the Office of External Affairs serves as a single point of contact between the FEMA Administrator, FEMA’s Regional Tribal Liaisons, and tribal governments across the country, and can help navigate the process or connect tribes with additional resources or assistance.
Conclusion
Tribes have more opportunities than ever to take advantage of FEMA’s Hazard Mitigation Grant Program and Building Resilient Infrastructure and Communities program. Increased federal funding for these programs, combined with new program changes, aims to increase accessibility of these programs to disadvantaged communities and tribes, focusing hazard mitigation assistance where it is often needed the most.