Montana Indian Nations Working Group
The Montana Indian Nations Working Group was formed as a sub-committee of the Homeland Security Task Force in January 2003. The Working Group’s membership includes homeland security and emergency management points of contact for each of the seven Indian Nations, US Attorney’s Office, Customs and Border Patrol, Indian Health Services, County Emergency Management, Dept. of Public Health and Human Services, Bureau of Indian Affairs, Governor’s Office, and MT Disaster & Emergency Services Division provides the staff support. The Working Group met monthly for the first two years through conference calls or face-to-face meetings. Currently meetings are held face-to-face with a schedule of every two to three months.
Accomplishments to date are:
· Emergency management and homeland security program managers communicate and assist each other on a regular basis.
·
Expanding the Emergency Management
Performance Grants (EMPG) to include all Indian
Nations.
·
CSKT,
·
The Crow, Northern Cheyenne, and
· Each Indian Nation has developed a terrorism annex and a Homeland Security Strategic Plan.
· The Blackfeet have taken a lead in educating and promoting the need for additional resources along the Canadian Border.
·
The CSKT, Blackfeet,
·
The
· The Chippewa-Cree are active members of the Central Montana Interoperable Communications Consortium.
· Sent a letter of request to the Bureau of Indian Affairs for their law enforcement personnel to actively participate in emergency management and interoperable communications planning efforts.
·
CSKT and Blackfeet have represented the Indian
Nations Working Group in national meetings promoting
· Development of a Memorandum of Understanding (MOU) with all Indian Nations for the use of resources during an emergency or disaster.
· Building a relationship between the Crow, Northern Cheyenne, Big Horn and the Billings HazMat team for hazardous materials planning and response.
· Briefings to Tribal Leaders, Councils, and Organizations on the activities of the Working Group.
· Development of communications with Indian Health Service.
· The development and approval of by-laws.
· Presented the First ever, Tribal Nations Homeland Security Conference, in Polson, Montana. October 2009
Activities currently working on are:
· Development of a master list of training capabilities and qualified personnel availability for each Indian Nation.
· The development and implementation of interoperable communications system.
· Development of emergency management training in an effort to assist and support each other during an emergency or disaster.
Barriers to overcome are:
Indian Nations Points of Contact
Confederated Salish
& Kootenai Tribe
Homeland Security –
Emergency Management – Dale Nelson – dalesn@cskt.org 690-2880 FAX 676-2554
TERC – Dale Nelson – dalesn@cskt.org 690-2880 FAX 676-2554
Bio-Terrorism grant – Barb Plouffe – barbp@cskt.org
Tribal Chair – Ernest Moran csktcouncil@cskt.org 675-2700
Blackfeet Tribe
Homeland Security – Robert DesRosier – rjdrosi@3rivers.net 338-7667 cell 450-0646
Emergency Management –
TERC –
Health – June Tatsey – 338-6317
Bio-Terrorism grant – Nora Kennedy – 338-4326 or 338-2481 – nlk@3rivers.net
Tribal Chair – Willie Sharp wsharp@blackfeetnation.com or adayrider@blackfeetnation.com 338-5194
Glacier Co DES Coordinator –
873-2084
cell 450-1105
Fort Peck
Homeland Security –
Emergency Management – Chris Headdress – chrisheaddress@yahoo.com 650-6731
Linda Weeks – lweeks@nemontel.net 768-2337
Dana Buckles – shungaska@yahoo.com 768-5322
TERC – Linda Weeks – lweeks@nemontel.net 768-2337
Dana Buckles – shungaska@yahoo.com 768-5322 FAX 768-5323
Health – Gary James Melbourne, 768-5301
Bio-Terrorism grant – Ken Hull – Ken.hull@ihs.gov – 768-5322
Brownsfield –
Tribal Chair – A.T.
Chippewa Cree
Risk Management –Marva Stump –395-5705
Homeland Security and Emergency Management – Ted Whitford tedewhitford@hotmail.com 395-4875 or 262-3598 cell
Tim Martin, Public Safety Director – 395-4513 or 212-5321
TERC – Ted Whitford tedewhitford@hotmail.com 395-4875 or 262-3598 cell
Health – Fawn Tadios 395-4486
PHEP (PHN) grant – Janet Runnion - jrunnion@rbclinic.org 395-4486 ext 2102
Tribal Chair –
Chief of Staff –
Crow
Homeland Security – William Driftwood Sr. – williamd@crownations.net 638-4036 cell 620-2220
Emergency Management –
cell 620-1643
TERC – Henry Rides Horse Jr. – henryr@crownations.net 638-3752
Health – Sharon Peregoy – 638-3966
Bio-Terrorism grant – William Driftwood Sr. – williamd@crownations.net 638-3724 cell 620-2220
Tribal Chair – Cedric Black Eagle 638-3715
Northern Cheyenne
Homeland Security –
Emergency Management –
Otto Braided Hair 477-8161
TERC – Ed Joiner –des@cheyennenation.com 477-6914
FAX 477-6882
Health – J David Roundstone, 477-6722
Tribal Chair – LeRoy Spang – 477-6284
Fort Belknap
Homeland Security –
Emergency Management – Buddy Horn – gilbert.horn@ihs.gov 353-3173 or 390-2903
TERC – Buddy Horn – gilbert.horn@ihs.gov 353-3173 or 390-2903
Tribal Health – Velva Doore - 353-8486
Bio-Terrorism grant –
Tribal Chair – Tracy King – 353-8302 or 353-2205
Little Shell
Tribal Chair – John Sinclair, 1-800-300-1614 or 452-2892
Indian Health
Services
Carol Boyner (406) 247-7096 carol.boyner@ihs.gov
BIA – Emergency
Management
J Scott Logan,
Tribal Liaison and Projects Support
FEMA Region VIII
DFC 710
(303) 235-4850
Tim Lambourne,
Tribal Liaison
CBP Havre Sector
(406) 399-1355
Governor’s Indian
Affairs Office
Lesa Evers (406) 444-3713 levers@mt.gov
Billie Rusek (406) 444-3702 brusek@mt.gov
Sheena Wilson (406) 444-5503 swilson@mt.gov
MT Disaster & Emergency Services
(406) 324-4777
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Tribal Emergency Management Summit a Historic Success
By
Lynda Zambrano, NWTEMC Executive Director
Dale Nelson, Emergency Manager for the Confederated Salish and Kootenai Tribes
of the Flathead Nation discusses the CSKT mutual aid response to the Blackfeet
Nations wildfire in January 2012
Gilbert
‘Buddy’ Horn, Emergency Manager from the Fort Belknap Reservation in the
northeastern region of Montana, discussed their 2011 flooding event which
resulted from a high winter snowpack that rapidly melted during spring months.
Horn remarked that the tribe is still working with FEMA to finalize the
federal disaster declaration they received from FEMA Region 8.
The Blackfeet Nation, Confederated Salish and Kootenai
Tribes,
Crow Nation,
WHEREAS, Montana’s Tribal Nations possess responsibilities for disaster and emergency prevention, mitigation, preparedness, response, and recovery operations in their respective jurisdictions; and
WHEREAS, Tribal Nations are subject to natural and man-made disasters, which could overwhelm their Tribal resources; and
WHEREAS, Tribal Nations have limited resources and trained personnel for disaster and emergency response, and there may be times when a Tribal Nation must call upon one or more Tribal Nations for aid and assistance to respond to a disaster or an emergency; and
WHEREAS, an informed, cooperative, coordinated response by all Tribal Nations provides the most safe and cost-effective response to disasters and emergencies
NOW, THEREFORE,
BE IT RESOLVED THAT
1.
PURPOSE AND SCOPE
A. The purpose of this MUTUAL AID AGREEMENT (“AGREEMENT”) is to provide a formal mechanism for cooperation and coordination between Montana Tribal Nations involving disaster and emergency resources.
B. The scope of services of this Agreement includes, but is not necessarily limited to, trained and equipped fire, law enforcement, emergency medical services, public health, public works, emergency management, and other Tribal resources.
2.
COMMAND STRUCTURE:
Basic all-hazard
response shall utilize the National Incident Management System (NIMS) as
recommended by the United States Department of Homeland Security (DHS) to
establish Unified Command.
3. DEFINITIONS:
A. “Disaster” means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property damage resulting from any natural, man-made or criminal cause, including, but not limited to, tornadoes, windstorms, snowstorms, floods, earthquakes, landslides, mudslides, fires, explosions, acts of terrorism, air or water contamination requiring emergency action to avert danger or damage, infestations, riots, sabotage, disruption of services, accidents involving radiation by-products or other hazardous materials, bio-terrorism, or incidents involving weapons of mass destruction.
B. “Disaster and emergency services” means the preparation for and carrying out of disaster an emergency functions and responsibilities, other than those for which military forces or other Tribal, Federal, or state agencies are primarily responsible, to prepare for, mitigate, respond to, prevent, and recover from injury and damage resulting from emergencies or disasters.
C. Disaster and Emergency Services (DES)” means an office in which the coordinators prepare and plan response for emergencies and disasters, respond to them when they occur, assist individuals and institutions to recover from them, mitigate their effects, reduce the risk of loss and prevent related disasters from occurring.
D. “Disaster and Emergency Services Coordinator” means a Tribal Nation employee who coordinates all activities pertaining to the Tribal Nation’s emergency management program.
E. “Emergency” means the imminent threat of a disaster causing immediate peril to life or property that timely action can avert or minimize.
F. “Incident” means an event or occurrence, caused by an individual, organization, entity, or by natural phenomena, requiring action by disaster and emergency services personnel to prevent or minimize loss of live or damage to property or natural resources.
G. “Participant” means a tribal government who is signatory to this Agreement.
H. “Prevention” includes but is not limited to appropriate sharing
of intelligence and information, planning, training and exercise of responders, mitigation activities, and citizen education and training.
4.
REQUEST FOR ASSISTANCE:
A.
A Tribal Nation requesting assistance under this agreement shall be
formalized in writing through the Tribal Chairperson or the Tribal Disaster and
Emergency Services Coordinator. The
request shall utilize a request for assistance form similar to the sample hereto
attached.
See Appendix I, sample Request for
Assistance form.
B. A Tribal Nation receiving a request for assistance shall immediately determine their resources and trained personnel availability and notify the requesting Tribal Nation as soon as practicable. The extent of aid to be provided under this Agreement shall be determined solely by the assisting Tribal Nation. The assisting Tribal Nation may withdraw any resource or trained personnel at any time. In that event, the assisting Tribal Nation shall make timely notification of resource withdrawal to the Disaster and Emergency Coordinator or Tribal Chairperson of the requesting Tribal Nation.
C.
Personnel
employed by the assisting Tribal Nation may respond to disaster and emergencies
as authorized or directed by their employer Tribal Nation, provided each
employee meets the minimum training and certification requirements of the
request. An assisting Tribal Nation
may designate and send a trained Tribal disaster and emergency services liaison
with the resources or personnel sent pursuant to a request.
5. COSTS
A.
Each Tribal Nation shall be responsible for the training, equipping and salary
of their employee responders for the duration of the deployment.
Each Participant shall be responsible for any liability, injury, damage or loss that me be incurred as a result of any suit, claim, demand, judgment or settlement made against its officers, employees, or agents resulting from their (non-criminal) intentional or negligent acts, errors, or omissions in connection with any activities performed under this Agreement. Each participant also agrees to hold harmless, indemnify and defend all other Participants from any and all losses, liabilities, injury, damage, claims or expenses (including attorney’s fees and costs) of any nature caused by the (non-criminal) intentional or negligent acts, errors, or omission of such Participant’s officers, employees or agents in connection with any activities performed under this Agreement.
7.
LIMITED WAIVER OF SOVEREIGN IMMUNITY
For
purposes of a Participant’s enforcement of the obligations under Section 6, the
undersigned Participants agree to a limited waiver of sovereign immunity as
follows: (A) the waiver is limited to only Participants to this Agreement
seeking to enforce obligations under Section 6; (B) the waiver is limited to the
Tribal Court of the Participant who is the defendant in the action.
The waiver is limited to only monetary damages with a maximum aggregate
ceiling of $50,000 for all claims that may be brought by a Participant arising
from an incident, including attorney’s fees to bring those claims; and (C) where
a Participant has insurance coverage over the claim, the amount of monetary
recovery by a Participant seeking enforcement may be up to the policy limits of
such insurance coverage, and the defending Participant agrees not to raise
sovereign immunity as a defense up to policy limits.
Except for the limited waiver of sovereign immunity set forth above, the
Participants’ sovereign immunity remains in full force and effect in all other
respects and against all other persons and claims.
8.
ANNUAL
REVIEW
The Disaster and Emergency Coordinators for the Tribal Nations shall meet annually to review this Agreement and to discuss improvements to coordination and implementation. A list of the Coordinators is attached as Appendix 2, and will be updated annually.
9.
AMENDMENTS
Changes within the scope of this Agreement shall be made by the approval
of all signatory Tribal Nations.
10.
TERMINATION
Any Tribal Nation to this Agreement may terminate
their participation in this Agreement for any reason at any time by providing
written notice to other Participants.
Any outstanding obligations of the withdrawing Tribal Nation under
Sections 6 and 7 shall survive such termination.
11.
TERM - REVISED
This Agreement shall take effect on the date the fourth Participant signs the Agreement. This Agreement will be reviewed annually by the Indian Nations Working Group and every fifth year by each of the Tribal Councils.
12.
SIGNATURES
By signature hereon, the undersigned Tribal Nations agree to support and
participate in the activities as set forth in this Agreement.
The Tribal Nations have duly authorized the undersigned person to sign
this Agreement on behalf of their Nation.