Federal Judges Restore FEMA Aid to Arizona Tribes After Devastating Cuts

U.S. District Judge Richard Stearns ordered FEMA to take steps to restore the Building Resilient Infrastructure and Communities program after the agency canceled it under the Trump administration, reopening a critical funding pipeline for tribal nations across Arizona, including the Navajo Nation, White Mountain Apache Tribe, and Hopi Tribe communities that stretch across Apache County.

The agency canceled the BRIC program, but Judge Stearns ruled that the cancellation was unlawful and ordered the agency to reinstate the funding. Now, $1 billion is available to states, local governments, and tribes. The program is designed to help communities harden public infrastructure against fires, floods, earthquakes, and other natural hazards before disasters strike rather than reacting after damage occurs.

States and tribes will have 120 days to apply for the new funding opportunity, which covers fiscal years 2024 and 2025, since FEMA rescinded the prior year's opportunity. That means tribal governments in Apache County are now in a race against that deadline to submit applications for projects that were effectively frozen out when the program was abruptly shut down.

Arizona Attorney General Kris Mayes was among the state officials who brought legal action against the cancellation. "Today's order is a reminder that the law is not optional, even for the federal government," Mayes stated following the ruling. Arizona joined other Democratic-led states in challenging the termination, and AZ Native Democrats amplified the stakes, pointing to tribal communities as among the most disaster-exposed and least-resourced to absorb the loss of federal preparedness funding.

While the resumed funding restores access to badly needed assistance for some areas, FEMA imposed new rules in line with the Trump administration's attempt to push more responsibility to states and tribes, meaning tribal governments will face an application process that carries new administrative requirements.

Stearns ordered FEMA to file a status report within two weeks outlining the steps it is taking to reverse its termination of the BRIC program and issue 2025 and 2026 notices of funding opportunity. FEMA must issue a notice of funding opportunity for fiscal year 2024 in compliance with the Infrastructure Investment and Jobs Act within 21 days of the order.

For Apache County's tribal governments, the clock is now running. The Navajo Nation, White Mountain Apache Tribe, and Hopi Tribe each maintain emergency management offices capable of submitting BRIC applications directly. It has been one year since President Trump approved any state or tribe's request for hazard mitigation funding, a typical add-on to major disaster declarations, leaving a significant backlog of unmet need that the restored program must now address. Tribal officials who had shelved infrastructure projects during the program's suspension will need to move quickly to get applications ready within the 120-day window.