Unit 11. Insular Areas

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1 Appendix A Insular Areas Slide 1 Unit 11 Insular Areas Introduction FEMA OCC Field Operations Slide 2 Topics Jurisdictions Stafford Act and Other Legal Authorities Other Federal Agencies Deployment Issues Logistics Issues Cost Share Adjustments Citizenship & Immigration Issues Miscellaneous Introduction to FEMA OCC Field Operations Appendix A Page A 1

2 Slide 3 Jurisdictions Commonwealth and Territories of the United States American Samoa (AS) Guam (GU) Northern Mariana Islands (MP or CNMI) Puerto Rico (PR) U.S. Virgin Islands (VI or USVI) Slide 4 Jurisdictions Freely Associated States under Compacts of Free Association Republic of the Marshall Islands (MH or RMI) Federated States of Micronesia (FS or FSM) Republic of Palau (ROP) Page A Introduction to FEMA OCC Field Operations Appendix A

3 Slide 5 Stafford Act and Other Legal Authorities Stafford Act Sec Definitions "United States" means the 50 States, the District of Columbia (DC), Puerto Rico, the Virgin Islands (USVI), Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands (CNMI) "State" means any State of the United States, DC, Puerto Rico, USVI, Guam, American Samoa, and CNMI "Governor" means the chief executive of any State Reference: 42 U.S.C Slide 6 Other Legal Authorities Insular Area Grants Management Provisions Special provisions, not withstanding other law, to minimize the burden caused by application and reporting procedures for certain grant-in-aid programs available to the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Government of the Northern Mariana Islands (hereafter referred to as Insular Areas ). Reference: 48 U.S.C. 1469a Introduction to FEMA OCC Field Operations Appendix A Page A 3

4 Slide 7 Other Legal Authorities Compacts of Free Association with FSM & RMI From , the Compacts provided for FEMA to provide disaster assistance modeled on Stafford Act type assistance. In 2003, the US Compacts with FSM and with RMI were amended and extended for an additional 20 years with significant changes relating to disaster assistance. U.S. Agency for International Development (USAID) Office of Foreign Disaster Assistance (OFDA) is now charged with providing disaster assistance under revised Compact terms and related agreements FEMA provides operational and financial support to USAID in the event of a U.S. Declaration Reference: 48 U.S.C. 1901, 1921, 1921d (f)(1)(a) Slide 8 Other Federal Agencies United States Department of the Interior (DOI), Office Of Insular Affairs (OIA) United States Agency for International Development (USAID), Office of U.S. Foreign Disaster Assistance (OFDA) Page A Introduction to FEMA OCC Field Operations Appendix A

5 Slide 9 Deployment Issues Immunizations and health Travel documents Length of stay After Hours Illness/death Slide 10 Logistics Issues Goods: o Buy American Act Communication: o Satellite phones o Time zones Transportation of goods and people o Fly America Act o Jones Act o Seaplanes/boats Lodging and Rental Cars Introduction to FEMA OCC Field Operations Appendix A Page A 5

6 Slide 11 Logistics Issues, Continued Buy American Act Requirements Compliance With Buy American Act -No funds authorized to be appropriated under this Act (DMA2K) or any amendment made by this Act may be expended by an entity unless the entity, in expending the funds, complies with the Buy American Act. 42 U.S.C Reference: 42 U.S.C U.S.C. 10a -10d FAR Part 25 Slide 12 Logistics Issues, Continued Fly America Act Requirements Fly American Act requires the use of a US flag carrier for all air travel funded by the U.S. Government unless an exception applies per Federal Travel Regulations (FTR). Reference: 49 U.S.C FTR Page A Introduction to FEMA OCC Field Operations Appendix A

7 Slide 13 Logistics Issues, Continued Jones Act Requirements The Jones Act requires goods shipped between U.S. ports to be carried on U.S.-registered ships Applies to PR, and Guam Limited application to CNMI Does not apply to AS, USVI, FSM or RMI. Reference: 46 U.S.C. Chapter U.S.C note Slide 14 Logistics Issues, Continued Lodging Limited commercial lodging Rental Cars In the Pacific, there may be limited or no rental cars available under the Government Rental Car Agreement May need to obtain authorization to pay for rental car insurance under the FTR. May need to utilize FTCA procedures and supplemental insurance coverage under government credit cards for rental car damages Introduction to FEMA OCC Field Operations Appendix A Page A 7

8 Slide 15 Insular Area Cost Share Waivers Under the Stafford Act, only the Public Assistance (PA) program federal cost share can be adjusted above 75% The Federal cost share for ONA is statutorily set at 75% and for HM program is up to 75% If the area falls under the Insular Areas Act (America Samoa, Guam, the U.S. Virgin Islands, and the CNMI), the non federal cost share for PA, ONA or HMGP is mandatorily waived under $200,000 If the cost share is $200,000 or more, any cost sharing arrangement becomes discretionary under 48 U.S.C. 1469a(d) Reference: 48 U.S.C.1469a(d) Slide 16 Citizenship & Immigration US Citizens: persons born in PR, USVI, Guam, and CNMI US Nationals: persons born in AS or the child of US Nationals Habitual Residence Status: FSM and RMI citizens- not eligible in the US as Qualified Aliens for most Federal public benefits CNMI and AS have their own immigration laws Page A Introduction to FEMA OCC Field Operations Appendix A

9 Slide 17 Miscellaneous Cultural and Language Differences Appropriate Dress Land ownership issues Crossing the Dateline Gateway to foreign ports Slide 18 Questions? Introduction to FEMA OCC Field Operations Appendix A Page A 9

10 (Intentionally left blank) Page A Introduction to FEMA OCC Field Operations Appendix A

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