Bill to override disaster declaration denials introduced in Congress

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During a special meeting held on Tuesday, April 28, the Archuleta County Board of County Commissioners (BoCC) approved a letter to Sen. Michael Bennet in regard to a newly proposed bill in Congress, the Disaster Declaration Transparency Act. 

A press release from Bennett’s office on April 29 explains, “ Colorado U.S. Senators Michael Bennet and John Hickenlooper together with U.S. Representatives Raja Krishnamoorthi, Joe Neguse, and Brittney Pettersen introduced legislation that would allow Congress to override a Presidential denial of federal disaster relief funding and create a new fast-track process to ensure states like Colorado are not left without support.”

During the BoCC’s April 28 special meeting, County Manager Longinos Gonzalez explained that there were two versions of a letter available to the BoCC to potentially approve.

Gonzalez mentioned that because the final draft of the proposed bill is not available yet, one version of the letter goes into more detail, while the other version is “more neutral.”

Commissioner Warren Brown explained that he was contacted by Bennett’s representative for the area and was told that Bennett was looking to introduce a bill “that essentially would address disaster declarations that were denied,” put through an appeal and denied a second time, “then it go before the Senate and the House for a joint resolution that would essentially override a declination, and that is it in total.”

Brown also mentioned the commissioners were provided with two separate letters, one essentially being “a letter of neutrality” and the other one being a letter of support.

Bennett’s press release states, “Earlier this year, President Trump denied Colorado’s request and appeal for disaster assistance for the Lee and Elk Fires in August 2025 and the Southwest Colorado flooding in October 2025. Both events met the statutory and practical criteria for a Major Disaster Declaration as well as [Federal Emergency Management Agency’s] fiscal threshold to warrant federal aid.”

During the meeting, Brown explained that he had reached out “for the other side of this bill potentially,” noting those would be Republican counterparts, but that he has not received any reply, possibly because they are waiting on more information.

“But, at the end of the day, I have to say that Sen. Bennett has been particularly good to our community, and this on the surface sounds appealing,” Brown said, noting the county is “out” more than $13 million from the October 2025 flooding disaster declaration that was declined.

Brown went on to mention that with “not knowing what we don’t know,” his recommendation was to go with the more neutral version of the letters.

That letter states the BoCC “submits this statement regarding the proposed Disaster Declaration Transparency Act with cautious optimism. This proposed bill is intended to improve the consistency, clarity , and accountability of disaster assistance determinations.”

The letter also notes that disaster assistance through the Federal Emergency Management Agency (FEMA) was denied on two occasions.

It adds, “These outcomes have affected the county’s recovery efforts and placed additional strain on local resources. The absence of clearly defined criteria and a transparent appeals process have made it difficult to assess how determinations are reached, particularly for rural communities.”

Brown also read the other letter version that included verbiage that the BoCC “is writing to express support” of the proposed bill, and that the bill “represents an important step towards ensuring disaster assistance decisions are fair, consistent and accountable.”

Brown explained that the BoCC could also choose to take “no position” on the matter.

Commissioner Veronica Medina commented that after reviewing and hearing both letters read, “I understand the intent, and I appreciate that.”

She added, “We are still trying to recover, and it does make it difficult when funds are not available.”

Medina indicated that with the final document not in place yet, she would prefer to not take a position and wait until the final document is ready.

Commissioner John Ranson indicated that if the BoCC were to approve a letter, he’d prefer the more neutral one.

“I’m tired of their politics,” Ranson said, “I think it’s all for naught.”

Ranson added that it wouldn’t hurt the constituents if the county were to “make an effort” with the letter.

Medina made a motion to not take a position on the matter, but it died for the lack of a second. 

Ranson then motioned to submit the more neutral letter read by Brown in regard to the newly proposed bill.

Medina asked for clarification on if that letter is to not to support the bill.

“Essentially, this is a neutral statement, “ Brown said.

Ranson’s motion was then unanimously approved.

Bennett’s press release also explains, “Specifically, this bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to give Congress a fast and clear way to respond when a president denies a governor’s request for a major disaster declaration. If a president rejects a request in certain cases, such as when FEMA recommends approval or when past decisions support approval, the president must notify Congress within 24 hours and provide a written explanation. After that, members of Congress can introduce a simple joint resolution within a set number of days that directs the president to approve the disaster declaration. The bill also sets up fast-track procedures in both the House and Senate to ensure a timely vote.” 

“Disasters don’t care about state lines or politics, and neither should our President’s response,” said Bennet via the press release. “Following the Lee and Elk Fires and the flooding in Southwest Colorado last year, every single member of the Colorado delegation was united: our communities needed federal assistance. The President outright rejected our calls for federal support. As natural disasters increase, Congress must be able to push past political retribution and help our cities and counties meet the challenge posed by these events.”

“The president is putting politics over Americans in crisis. We have to fight for a way forward,” said Hickenlooper via the press release. “Disaster relief should never be tied to politics. Your zip code and your vote should not decide whether you can rebuild.”

According to information accompanying the press release, “During the last year and a half, the Trump Administration denied approximately 27 percent of Federal Emergency Management Agency (FEMA) disaster declarations nationwide, a nearly 72 percent increase in the rate of denials compared to presidential administrations since 2001.

“These denials came after FEMA documented that damage due to natural disasters met its fiscal threshold to warrant aid. The Administration has neither provided substantive concerns with nor justifications for their decisions to deny disaster aid, leaving disaster-affected communities paying the tab.”

Other area and state elected officials have voiced support for the bill, the press release indicates.

“After historic flooding damaged critical infrastructure in Pagosa Springs and Archuleta County, Colorado’s request for federal support was denied without a clear explanation to understand the decision,” said Shari Pierce, Pagosa Springs mayor, through the press release. “Our community is already financially strained, and this denial exacerbates the burden on our community to try to fund necessary repairs to our infrastructure. This innovative bill gives Congress the tools to advocate for communities like ours that were denied much-needed assistance. I applaud and am grateful for Senator Bennet’s leadership on this legislation.”

“Colorado needs the federal government to be a reliable partner in helping our communities recover from natural disasters,” said Gov. Jared Polis. “Colorado did everything right to receive federal support after last year’s devastating fires and floods, only to be denied twice without justification — leaving impacted communities without much-needed federal support. This legislation would ensure states get clear reasoning for any denials of major disaster funding, and allows Congress to override any denial that’s not based on the facts. I appreciate Senator Bennet’s leadership on this important issue and urge Congress to support this legislation for Colorado and communities across the country.” 

The bill can be found at https://bit.ly/42AUYQb.

clayton@pagosasun.com