Mobile Home Transfers To Tribal Governments
September 11, 2007
Section 689k of the 2007 DHS Appropriations Act (Public Law 109-295) authorizes the Administrator of the Federal Emergency Management Agency (FEMA) to dispose of unused temporary housing units owned by FEMA by transferring them to other federal departments and agencies. This provision states that if the FEMA Administrator decides to dispose of any unused units that are declared excess under this new authority, FEMA will work in coordination with the Department of Interior or other appropriate federal agencies in order to transfer such units to tribal governments if appropriate. The FEMA Administrator has determined that there are some unused units that meet the requirements of this provision for transfer to tribal governments.
FEMA has made available 1,000 unused mobile homes located in Hope, Arkansas and Texarkana, Texas for transfer to tribal governments. While FEMA will not impose a cost for the mobile homes, tribal governments will be responsible for transportation, unit set up, and if necessary, retrofitting. The Department of Housing and Urban Development's (HUD) has determined that these costs will be considered eligible costs under the Indian Housing Block Grant program.
The 1,000 mobile homes were manufactured in accordance with the Manufactured Home Construction and Safety Standards set forth in Volume 24 of the Code of Federal Regulations (CFR) Part 3280. These standards require formaldehyde emission levels in manufactured housing not to exceed 0.2 parts per million (ppm) for plywood and 0.3 ppm for particleboard materials.
FEMA is sending notification of the availability of these mobile homes to tribal governments, as well as an official request form (see attached). The deadline for tribal governments to submit this request form to FEMA is October 15, 2007.
FEMA, in consultation with the General Service Administration, HUD, and the Department of Interior's Bureau of Indian Affairs, as well as tribal governments, developed the distribution plan. FEMA will randomly allocate one mobile home to each requesting tribe until all tribes that have requested mobile homes have been allocated one. Tribes, if any, which have requested only one mobile home and have had their request fulfilled will be removed from the allocation process. FEMA will then allocate a second mobile home to each tribe that has requested at least two mobile homes until all tribes that have requested two mobile homes have been allocated a second unit. The allocation process will continue in this manner until all the available mobile homes have been allocated.
Units will be matched as much as possible to the corresponding roof load zone and thermal zone for each Tribe. Due to the very limited number of northern and middle roof load zone units, the northern and middle roof load zone units will be allocated to appropriate climate areas separately, until these units are depleted. If the number of requested northern and middle roof load zone units exceeds our supply, units will be allocated according to the highest poverty level and lack of complete plumbing and kitchen facilities data from the U.S. Census of the year 2000. Units will match corresponding wind zones.
All units allocated to northern tribes may not match the northern roof load and thermal climate zones. Tribes will have the opportunity to turn down units they have been allocated that do not match their climate zones after receiving their award letter.
After the units are allocated to tribes, HUD will notify tribes by letter of how many units they are to receive, with the corresponding Vehicle Identification Numbers (VINs), a Standard Form 122 (transfer order), and a Release Authorization Form. Once tribes receive this award letter, they should contact the appropriate storage facility (either Texarkana, Texas or Hope, Arkansas) to schedule pick up of the unit(s).
Tribes will have the opportunity to reject any or all units allocated to them at the time of pick up, but may not select other units at that time as replacement for any not accepted. Tribes will have 60 days from the date of the award letter's certified mail receipt to pick up the units from the FEMA facilities identified, unless otherwise coordinated with the FEMA storage site contact. Mobile homes not picked up within the pickup period may be allocated to another tribe.
Below is the language from the 2007 DHS Appropriations Act (Public Law 109-295), Subtitle E, SEC. 689k. DISPOSAL OF UNUSED TEMPORARY HOUSING UNITS.
(a) IN GENERAL-Notwithstanding section 408(d)(2)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(d)(2)(B)), if the Administrator authorizes the disposal of an unused temporary housing unit that is owned by the Agency on the date of enactment of this Act and is not used to house individuals or households under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) after that date, such unit shall be disposed of under subchapter III of chapter 5 of subtitle I of title 40, United States Code. (The reference to the United States Code is to 40 U.S.C. 541-559 and refers largely to the General Services Administration's procedures for disposing of property belonging to the United States.)
(b) TRIBAL GOVERNMENTS -Housing units described in subsection (a) shall be disposed of in coordination with the Department of the Interior or other appropriate agencies in order to transfer such units to tribal governments if appropriate.
Last Modified: Thursday, 13-Sep-2007 16:31:15 EDT