[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR206.34]

[Page 424-425]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
             CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY
 
PART 206--FEDERAL DISASTER ASSISTANCE FOR DISASTERS DECLARED ON OR AFTER NOVEMBER 23, 1988--Table of Contents
 
                   Subpart B--The Declaration Process
 
Sec. 206.34  Request for utilization of Department of Defense (DOD) resources.

    (a) General. During the immediate aftermath of an incident which may 
ultimately qualify for a Presidential declaration of a major disaster or 
emergency, when threats to life and property are present which cannot be 
effectively dealt with by the State or local governments, the Associate 
Director may direct DOD to utilize DOD personnel and equipment for 
removal of debris and wreckage and temporary restoration of essential 
public facilities and services.
    (b) Request process. The Governor of a State, or the Acting Governor 
in his/her absence, may request such DOD assistance. The Governor should 
submit the request to the Associate Director through the appropriate 
Regional Director to ensure prompt acknowledgment and processing. The 
request must be submitted within 48 hours of the occurrence of the 
incident. Requests made after that time may still be considered if 
information is submitted indicating why the request for assistance could 
not be made during the initial 48 hours. The request shall include:
    (1) Information describing the types and amount of DOD emergency 
assistance being requested;
    (2) Confirmation that the Governor has taken appropriate action 
under State law and directed the execution of the State emergency plan;
    (3) A finding that the situation is of such severity and magnitude 
that effective response is beyond the capabilities of the State and 
affected local governments and that Federal assistance is necessary for 
the preservation of life and property;
    (4) A certification by the Governor that the State and local 
government will reimburse FEMA for the non-Federal share of the cost of 
such work; and
    (5) An agreement:
    (i) To provide all lands, easements and rights-of-way necessary to 
accomplish the approved work without cost to the United States;
    (ii) To hold and save the United States free from damages due to the 
requested work, and to indemnify the Federal government against any 
claims arising from such work; and
    (iii) To assist DOD in all support and local jurisdictional matters.
    (c) Processing the request. Upon receipt of the request, the 
Regional Director shall gather adequate information to support a 
recommendation and forward it to the Associate Director. If the 
Associate Director determines that such work is essential to save lives 
and protect property, he/she will issue a mission assignment to DOD 
authorizing direct Federal assistance to the extent deemed appropriate.
    (d) Implementation of assistance. The performance of emergency work 
may not exceed a period of 10 days from the date of the mission 
assignment.
    (e) Limits. Generally, no work shall be approved under this section 
which falls within the statutory authority of DOD or another Federal 
agency. However, where there are significant unmet needs of sufficient 
severity and magnitude, not addressed by other assistance, which could 
appropriately be addressed under this section of the Stafford Act, the 
involvement of other Federal agencies would not preclude the

[[Page 425]]

authorization of DOD assistance by the Associate Director.
    (f) Federal share. The Federal share of assistance under this 
section shall be not less than 75 percent of the cost of eligible work.
    (g) Project management. DOD shall ensure that the work is completed 
in accordance with the approved scope of work, costs, and time 
limitations in the mission assignment. DOD shall also keep the Regional 
Director and the State advised of work progress and other project 
developments. It is the responsibility of DOD to ensure compliance with 
applicable Federal, State and local legal requirements. A final report 
will be submitted to the Regional Director upon termination of all 
direct Federal assistance work. Final reports shall be signed by a 
representative of DOD and the State. Once the final eligible cost is 
determined, DOD will request reimbursement from FEMA and FEMA will 
submit a bill to the State for the non-Federal share of the mission 
assignment.
    (h) Reimbursement of DOD. Reimbursement will be made in accordance 
with Sec. 206.8 of these regulations.