Overview: U.S. Disaster Management Policy Trends – 911, Katrina, Sandy

Kenneth C. Topping, FAICP3ICUDR U.S. Field Study

WorkshopBoulder, CO

July 12, 2013

Wildland FireCommunities at Risk

Source: USDA Forest Service and DOI

U.S. Disaster Management Policy – Piecemeal, Multi-level, Evolving

• U.S. is large and decentralized• Federal legislative, judicial, executive systems are

interdependent with those of 50 states• States, in turn, rely on actions on 88,000 local governments

(cities, counties, special districts, etc.)• Disaster management operates both top-down (e.g., NIMS)

and bottom-up (e.g., federal disaster declarations)• Policy is determined by law and administrative practice at

multiple levels • All federal, state, local government actions subject to same

test: compliance with U.S. Constitution

Evolution of Primary Disaster Laws (Directly address emergencies)

• Federal Disaster Relief Act, 1950• National Flood Insurance Act, 1968• Emergency Planning and Community Right-to-Know Act

(EPCRA), 1986• Robert T. Stafford Disaster Relief and Emergency Assistance

Act (Stafford Act), 1988 • National Flood Insurance Reform Act, 1994• Disaster Mitigation Act of 2000 (DMA 2000)• Homeland Security Act of 2002• Post-Katrina Emergency Reform Act (PKEMRA), 2006• Biggert-Waters Act, 2012

National Flood Insurance Act (1968)• Established National Flood

Insurance Program (NFIP) providing:– Private flood insurance backed by

federal government – 100-year and 500-year floodplain

mapping– Community Rating System rewards

better performing communities with lower flood insurance rates

• Amended to provide:– Flood hazard mitigation plans – Flood mitigation assistance grants

Stafford Act (1988) – Main Provisions• Bottom-up emergency response/preparedness system:– Mutual aid governor’s emergency proclamation

Presidential disaster declaration

• Individual and Household Assistance Program: – Basic disaster relief (up to $28,800 for 4-person household)

• Public Assistance Program– Provides post-disaster infrastructure restoration grants

• Hazard Mitigation Grant Program (HMGP)– Provides post-disaster hazard mitigation grants to prevent

repetitive losses

Evolution of Secondary Disaster Laws (Indirectly address emergencies)

• Small Business Administration Act (SBA), 1953• Flood Control & Coastal Emergency Act (FCEE), 1955• Federal-Aid Highway Act, Section 125, 1956• Housing and Community Development Act, 1974 • Public Works Act (PWA), 1976• Water Resources Development Act (WRDA), 1986• National Dam Safety Act, 2006

Disaster Management Policy Shifts

• 1990s – Stafford Act, NFIP implementation • 2001 – 9/11 shifted policy to anti-terrorism• 2005 – Katrina renewed interest in natural disasters • 2006 – PKEMRA: led to National Disaster Recovery

Framework• 2011 – Tohoku-Oki Earthquake and Tsunami: triggered

reevaluation of nuclear, tsunami policies• 2012 – Biggert-Waters Act tightened down on flood

insurance subsidies• 2012 – SuperStorm Sandy raised visibility of sea level

rise, climate adaptation needs

Four Phases of Emergency Management

Primary U.S. Emergency Management Laws and SystemsLaw/System Mitigation Preparedne

ssResponse Recovery

National Flood Insurance Act, 1968: established National Flood Insurance Program (NFIP)

Created national mapping system showing 100 and 500 year floodplains

Provides private flood insurance backed by federal government; insurance rates based on Community Rating System (CRS)

Robert T. Stafford Disaster Relief and Emergency Assistance Act, 1988

Established Hazard Mitigation Grant Program (HMGP)

Formalizes bottom-up emergency management procedures (state proclamations, federal declarations)

Established:1) Individual andHousehold Assistance Program (relief)2) Public Assistance Program (restoration)

Disaster Mitigation Act of 2000

Required state and local hazard mitigation plans to qualify for HMGP;Added Pre-Disaster Mitigation (PDM) grants

National Incident Management System (NIMS), 2004

Established national ICS standard; Requires state and local ICS to comply with NIMS

National Response Framework (NRF), 2007

Updates federal preparedness requirements

Expands federal recovery guidelines (ESF # 14)

New Disaster Management Administrative Systems

• National Response Framework, 2004 (founded on National Response Plan, 1992)• National Incident Management System (NIMS), 2004 –

standardized ICS protocol • Presidential Policy Directive – 8, 2011 – new overarching

administrative system• National Disaster Recovery Framework (NDRF), 2011 • Threat and Hazard Information Risk Assessment (THIRA),

2011 – new annual exercise tool• National Mitigation Framework, 2013

Emerging Disaster Management Policy Challenges

• Congress reluctant to amend disaster laws • Shifts emphasis to new administrative systems• Strong counter-terrorism emphasis in administrative

policies tends to overshadow attention to coordinated hazard mitigation and disaster recovery action

• Differences in authority exist between statutory vs. administrative policies

• Statutory and policy overlaps or gaps yield confusion• New administrative systems do not guarantee integration• Question: how clearly develop and implement effective

mitigation-recovery policies for the future?

Some Questions

• U. S. disaster policy trends which we should consider?• How are these influenced by recent catastrophic disaster

events in the U.S. and elsewhere?• How might such trends affect transferability of disaster

recovery lessons between countries?• What do these trends mean for long-term adaptation to

climate change?