Tribal Policy - Research Paper Example

 Tribal Policy I. THESIS The current state of national relationship between the United States government and a number of subsequent governments representing some tribes within the national scope is growing sore. As such, this paper will write a policy dubbed the lucrative policy, which will guide interactions between the United States government and these particular tribes. II. AGENCY: The Federal Emergency Management Agency (FEMA). III. ACTION: Notice; lucrative policy statement IV. NEED FOR THE TRIBAL POLICY Following the policy memorandum issued by the president in April 29, 1994, it was clear that there was need to develop a lucrative policy statement that would direct and ensure federal operations of intergovernmental relations. V. ISSUES REGARDING THE POLICY Over the last twelve months, the government of the United States has been receiving extensive and insightful comments related to its operations with other tribal governments. The incorporation of The Federal Emergency Management Agency created a responsive platform for containing the comments within a detailed statement of consideration. VI. PROPOSED SOLUTIONS The Director of The Federal Emergency Management Agency presented a draft stating the Federal Emergency Management Agency’s policy encouraging a dialogue between the government of the Federal Emergency Management Agency and the United States’ first inhabitants such as Alaska Natives and American Indians on matters related to disasters and emergencies. VII. EXPECTED RESULTS In accordance to historic meeting set by the Federal Emergency Management Agency’s Director, the expectations were that there would be consultation sessions between Tribal governments and the United States government. VIII. CONCLUSION Within the last paragraph of this essay, you will find the Federal Emergency Management Agency policy consideration acting as a basis for interactions between the state government and the Tribal Governments. The Federal Emergency Management Agency does not provide a law that supersede his or of any other Federal Emergency Management Agency and departments. Policy Statement With reference to the set policies, it is agreeable that the Federal Emergency Management Agency does recognize and acknowledge that Alaska Native and American Indian Tribal governments have a holding of spectacular and unique status within the United States of America. As such, they have an entity to benefits and rights of this sovereign nation (Office of the Federal Register, 2011). In this paper, with the Federal Emergency Management Agency as the mediator, I will develop a lucrative policy with the aim of affirming the Federal Emergency Management Agency’s support, understanding, and a pursuit of a compassionate intergovernmental relationship with Alaska Native and American Indian Tribal governments. This policy statement will also outline the specific and guiding principles under which every staff working for the Federal Emergency Management Agency should operate with respect to federally recognized and acknowledged Alaska Native and American Indian Tribal governments. Note that, this policy lacks application to interactions with any or particular tribal government that is not apparent to the ones subjected to recognition. The Federal Emergency Management Agency does acknowledge and trust the relationship shared by the United States government and Alaska Native and Indian American Tribal governments. This is so due to presence of underpinnings that includes established treaties, specific statutes, regulations, executive orders, court decisions, and policies (Congress, 2004). Further, the Federal Emergency Management Agency acknowledges the advent precedents of the Constitution, the United Congress, and the President of the United States of the America as the founder of the Federal Emergency Management Agency’s policy. The intension of this policy presents flexibility and dynamicity that provides for the evolution of intense partnerships among and between the Federal Emergency Management Agency, Tribal governments, local and state governments as well as other federal agencies. For endeavor, the Federal Emergency Management Agency will continue to work within the existing authorities and statutes in order to be consistent in every particular undertaking with Tribal governments allover the nation. Apart from that, the policy does not supersede the powers of the Federal Emergency Management Agency and does not modify or diminish the existing authority of the Tribal government in whichever means. According to its stipulations, it does not suggest any means of recognizing Tribal authority that is not inexistence currently beyond the inherent sovereign attributes of Tribal power or authority in order to protect tribal welfare and interests. However, it is worthwhile noting that that The Federal Emergency Management Agency does have the power or authority to operate together with tribal governments regarding programs that concern emergency management particularly under the existing law (Michael & Ella, 2007). Introduction Problem statement Due to failure of reviewing the existing responses and requests, Craig Fugate who is the Chief Administrator of the Federal Emergency Management Agency, on January 5, 2010, sent a letter to every federally recognized Tribe within the United States requesting and subsequently transmitting a request of response review. This was in line with the existing policy of The Federal Emergency Management Agency that the Federal Emergency Management Agency originally issued on the 25th day of September in 1998 (Aehe, 2012). The Federal Emergency Management Agency asked the Tribal governments to submit their suggested revisions thirty days after they received initial material, which was in Liaison with the Federal Emergency Management Agency’s Tribal policy. Following the recurrent changes and transformations, The Federal Emergency Management Agency had to establish an internal group that will work towards determining changes and making updates that the Federal Emergency Management Agency needed in order to ensure that the document is comprehensive and provides subsequent ways of meeting the community’s tribal needs. The existing status Well, the Federal Emergency Management Agency does recognize the vitality of Alaska Native and American Indian participation and acknowledges that their Tribal Government’s essence congruent in enhancing national relations. As such, The Federal Emergency Management Agency vows to continue seeking their hand in consultation. As of today, The Federal Emergency Management Agency has a commitment towards enhancing implementation of the set policy by facilitating close working relationship between the Tribal governments and the United States governments by publicizing the revised policy (Spencer, 2011). The existing rapport between The Federal Emergency Management Agency and the governments appears a bit healthy as some of the government officials from both sides echo the Federal Emergency Management Agency’s authority and policy by expressing sentiments depicting their ultimate support towards achieving the mission (Collard & Anthony, 2009). Historically, when one part of America faces a disaster, the rest of the country comes together as a joint block to help the calamity stricken community. This historical belief is in line with the policy that The Federal Emergency Management Agency issued on September 25, 1998 applying to both Tribal governments of Alaska Native and American Indians. It stated that, following The Federal Emergency Management Agency’s commitment towards establishing a strong and a long lasting relationship between the Alaska Natives and the American Indians (House, 2005). In the spirit of these communities, it will assist in preparation of the calamities that they face, help in reducing vulnerabilities in terms of disasters facing them, and ensure quick and effective response when disasters strike as well as recovery in their aftermath. With regard to the principles of The Federal Emergency Management Agency, there is recognition of need to offer support to the indifferent status of the Alaska Natives and American Indians. Furthermore, The Federal Emergency Management Agency recognizes and supports the unique status of these tribes’ governments as regards their way of engaging in meaningful discussions at times of developing and implementing directives of the policy that has the potent ability of assisting these Tribal communities with their emergency management requirements (United States Code, 2005). This means that, they include, but not limited, establishment, sustenance, and improvement of Tribal capability to make preparations for, protection against, response to, recovery from, and all hazards mitigation. This lucrative policy outlines all The Federal Emergency Management Agency employees operate with regard to the recognized federal Tribal Governments of Alaska Natives and American Indians. As a matter of course, it is true to say that, The Federal Emergency Management Agency acknowledges the set and inherent sovereignty of Alaska Native and American Indian Tribal governments, nation to nation rapport between and among the United States Government just as established by treaties, statutes, policies, and regulations as well as trust and responsibility of the federal government. Upon defining areas of recognition and acknowledgement as regards this policy, it is right to highlight the targeted scope and audience (Miriam, 2007). After publication of the document, the Federal Emergency Management Agency set out that this policy will apply to every disaster declared. Its intention is to guide all personnel equipped with the responsibility of engaging in every aspect of coordination and consultation with the tribal communities all over the United States that are recognizable by the federal government. Authority According to the Federal Emergency Management Agency, this lucrative policy derives its authority from the 2002 Homeland Security Act, which is response to the amendment of the Robert Stafford Disaster Relief and Emergency Assistance Act. It also acts under the 1994 Federally Recognized Indian Tribe List Act, the Executive Order 13175, Consultation, and Coordination with Indian Tribal Governments, and the President’s Memorandum of November 5, 2009, regarding Tribal Government Consultation (Clark, 2005). After authority comes purpose whereby in this case, the main function of the this document is to respond to the Presidential Memorandum that was directing every Federal Emergency Management Agency and department to come up with a detailed course of action for compliance with Executive Order 13175. Research results make it clear that both the current president of the United States of America Barrack Obama and Secretary Janet Napolitano have commitment towards increasing the scope of countrywide relationship building with every tribal community all over America. Consequently, the department of Homeland Security announced an ideal initiative that will increase coordination and consultation with Tribes that are federally recognizable nationwide. This fell under establishing and building a stronger partnership with these Tribes in order to protect the safety and security of every individual living in tribal lands via Department of Homeland Security Tribal Consultation and Coordination Plan (Leonard, 2009). While vowing to support effort of DHS and the Administration, the Federal Emergency Management Agency engaged all the tribes, federally recognized, to draw together suggested revisions to the existing Tribal Policy of The Federal Emergency Management Agency. The preparation of this policy will support and enhance the relationship between Alaska Native and American Indian Communities and establish means of mitigating, recovering, and responding to any particular manmade or natural disasters and hazards. Way forward Upon addressing the background and current or existing status of the relationship between The Federal Emergency Management Agency, the U.S Government, and the Tribal Governments, this policy derived the following principles codes defining the commitment that offers a long lasting solution to the problems mentioned. The Federal Emergency Management Agency posted directives stating principles of interactions between and among the United States Government and the American Indian and Alaska Native Tribal Governments. It also mirrored Department of Homeland Security commitment towards ensuring implementation of Executive Order 13175, which provides for consultation and coordination of the federal government with Alaskan Native and American Indian Tribal governments (Francis, 2011). Given the fact that The Federal Emergency Management Agency recognizes and acknowledges the sovereignty, authority, rights, and the indifferent statues of Tribal Governments, it sought to committed working and partnership with Indian Tribes on a national basis. Following its acknowledgement, The Federal Emergency Management Agency showed need for a concerted effort among the Tribal Governments of Alaska Native, American Indian, and the Federal Emergency Management Agency in view of establishing meaningful and regular collaboration and consultation in the process of developing policies that possesses tribal implications. Moreover, in order to attain a balanced rapport among the concerned authorities, The Federal Emergency Management Agency made it crystal that, a strengthened bond between the United States government and the Tribal Governments of Alaska Natives and American Indian can help build a national relationship bound to remain effective (Francis, 2010). This will reduce or minimize the recurrent imposition of the existing unfunded mandates upon the Indian Tribes. As elaborated, The Federal Emergency Management Agency recognizes and recognizes the establishment and existence of Tribal Governments and trusts in responsibility expressed by the Federal Government to these federally recognized communities. Therefore, in pursuit of this recognition and trust in responsibility, The Federal Emergency Management Agency has a proposed mechanism fro evaluating the outcome of activities, programs, and policies based on Tribal resources. The acknowledgement sets room for considering the concerns and rights of Tribal Governments during the process of decision-making. The Federal Emergency Management Agency proposed a set of platform where all governments can have assistance should they seek it while setting priorities for the particular interests and wants of their people since it is relational to The Federal Emergency Management Agency programs (Federal Emergency Management Agency, 2008). With the help of The Federal Emergency Management Agency Tribal Governments will identify and subsequently obtain appropriate and reasonable steps for diminishing or eliminating procedural impediments that act as obstacles towards effective working with these Tribal Governments. Due to the reason that The Federal Emergency Management Agency recognizes that there might be presence of organizational, procedural, and legal as well as other impediments that pose challenges concerning its working relationship with Tribes, it engages reasonable and appropriate steps for solving any problem that may arise due to miscalculations (Burns, 2007). While solving such problems, The Federal Emergency Management Agency will need to apply the requirements set out by the Executive Order 13175 as well as the Plan by the Department of Homeland Security to develop a congruent Tribal Coordination and Consultation Policy, which will in turn integrate and enhance intergovernmental partnership. As permitted by law, to this end, The Federal Emergency Management Agency will have the capability to examine the extensive feasibility of strengthening the set national relationship together with the federally recognized Tribal nations. This will take effect in areas such as reviewing portions of Robert Stafford Disaster Relief and Emergency Assistance Act, encouraging states in order to incorporate the fountain inclusion of Tribal governments into grant processes and programs that supports the cognitive trust and responsibility between the nationwide rapport and the government. While on the same track of coming up with a profound system of presenting elective solutions, The Federal Emergency Management Agency declared that setting up of on site stations of homeland security at regional scope will enhance and expand the existing efforts of training (Leonard, 2009). It will also enhance delivery of regional emergency management training programs to Tribal locations making it relevant and well understood to every concerned individual. As precedents, The Federal Emergency Management Agency acknowledges the policy commitments as well as the decisions made by the Legislature, Executive, and the judicial arms of the Government of the United States. The lucrative policy reinforces or better yet incorporates the commitments found in the Presidential policies bearing and emphasizing the pursuit of such a style of nationwide relationship. This policy by the Federal Emergency Management Agency also recognizes the Concurrent Resolution #331 in 1998 by the House of Representatives. It declares that the policy should acknowledge the Iroquois Confederacy of Nation’s contributions and reaffirms the continuum of national relationship between the Alaskan Natives, Indian Tribes, and the United States just as established by the Constitution (Burns, 2007). Expected outcomes Within the fundamental tenets, the Federal Emergency Management Agency will employ all its best and concerted efforts in order to institutionalize the lucrative policy with accordance to the Federal Emergency Management Agency’s mission. With this vein, The Federal Emergency Management Agency will include or incorporate the principles provided by this policy into the daily activities and operations of the Federal Emergency Management Agency. This will in turn result to continuous, extensive, and long lasting management effort and planning (Clark, 2005). Incorporation of the plan will also lead to development of an implementation plan of action that will heighten the Federal Emergency Management Agency’s level of cognitive and meaningful coordination, consultation, and collaboration with Alaska Native and American Indian tribal governments. As expected, The Federal Emergency Management Agency will make a draft of this particular course of action in consultation with the Federal Emergency Management Agency’s Tribal Working Group. Additionally, the Federal Emergency Management Agency’s National Tribal Liaison will facilitate the coordination. Thus, the expectations are that this policy will execute plans to support greater and broader participation of tribal governments by allowing the nationwide tribal liaison to reach out for tribal governments and eliminate exclusion of a number of tribes purposely because they do not affiliate with a professional organization (Miriam, 2007). Ultimately, this policy expects to implement the courses of actions upon the existing tribal partnerships, which will in return promote safety, and security of all people living in these tribal lands. Conclusion In conclusion, for a long time, the lucrative policy has endeavored considering a wide variety of standard needs and unique factors with indifferent characteristics while designing the above a stated guidelines. As there is variability among policies regarding governance, there also exists a need to permit for variability over time. Hence, it is of paramount importance that consultation plans established and developed by the Federal Emergency Management Agency remain dynamic, transforming as situations and circumstances, political input indicates (House, 2005). Once the Federal Emergency Management Agency has its basic and lucrative policy in place, it is recommendable that it seeks to integrate all concerted with those of other agencies and departments. It is fundamental since these intergovernmental consultations and coordination will benefit both the governments and the Federal Emergency Management Agency. References Aehe, (2012). Postsecondary Education for American Indian and Alaska Natives: Higher Education for Nation Building and Self-Determination: Aehe, Volume 37, Number 5. New Jersey: John Wiley & Sons. Burns, L. (2007). Fema (Federal Emergency Management Agency): An Organization in the Crosshairs. New York: Nova Publishers. Clark, J. (2005). The Complete NPA User's Manual: A Comprehensive Guide and Reference for the Nationwide Programmatic Agreement ("NPA") for Section 106 Historic Preservation Review of the Undertakings of the Federal Communications Commission. Washington D.C.: Pike & Fischer - A BNA Company. Collard, J. & Anthony, N. (2009). Leadership and Intercultural Dynamics. Charlotte: IAP Congress (U.S.), (2004). Congressional Record, V. 145, Pt. 21, November 17, 1999 to December 3, 1999. Washington D.C.: Government Printing Office. Federal Emergency Management Agency, (2008). FEMA Strategic Plan; Fiscal Years 2008-2013. New York: FEMA. Francis, M. (2010). FEMA Disaster Cost-Shares: Evolution and Analysis. Darby, PA: DIANE Publishing. Francis, M. (2011). FEMA Disaster Housing: From Sheltering to Permanent Housing. Darby, PA: DIANE Publishing. House (U.S.), (2005). United States Code, 2000, Supplement 3, V. 2: Title 12, Banks and Banking, to Title 20, Education, January 2, 2001 to January 19, 2004. Washington D.C.: Government Printing. Leonard, B. (2009). Formaldehyde and FEMA Trailers: Interim Staff Analysis. Darby, PA: DIANE Publishing. Michael, P. & Ella, I. (2007). The American Indian and Alaska Native Student's Guide to College Success. Westport : Greenwood Publishing Group. Miriam, J. (2007). Rebuilding Native Nations: Strategies for Governance and Development. Arizona: University of Arizona Press. Office of the Federal Register (U.S.), (2011). Code of Federal Regulations, Title 25, Indians, Pt. 1-299, Revised as of April 1, 2011. Washington D.C.: Government Printing Office. Spencer, T. (2011). The Encyclopedia of North American Indian Wars, 1607–1890: A Political, Social, and Military History. Santa Barbara: ABC-CLIO. United States Code, (2005). United States Code, 2000, Supplement 2, V. 2: Title 19, Customs Duties, to Title 39, Postal Service, January 2, 2001 to January 6, 2003. Washington D.C.: Government Printing Office. Read More