[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: 44CFR206.35]

[Page 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. 206.35  Requests for emergency declarations.

    (a) When an incident occurs or threatens to occur in a State, which 
would not qualify under the definition of a major disaster, the Governor 
of a State, or the Acting Governor in his/her absence, may request that 
the President declare an emergency. The Governor should submit the 
request to the President through the appropriate Regional Director to 
ensure prompt acknowledgment and processing. The request must be 
submitted within 5 days after the need for assistance under title V 
becomes apparent, but no longer than 30 days after the occurrence of the 
incident, in order to be considered. The period may be extended by the 
Associate Director provided that a written request for such extension is 
made by the Governor, or Acting Governor, during the 30-day period 
immediately following the incident. The extension request must stipulate 
the reason for the delay.
    (b) The basis for the Governor's request must be the finding that 
the situation:
    (1) Is of such severity and magnitude that effective response is 
beyond the capability of the State and the affected local government(s); 
and
    (2) Requires supplementary Federal emergency assistance to save 
lives and to protect property, public health and safety, or to lessen or 
avert the threat of a disaster.
    (c) In addition to the above findings, the complete request shall 
include:
    (1) Confirmation that the Governor has taken appropriate action 
under State law and directed the execution of the State emergency plan;
    (2) Information describing the State and local efforts and resources 
which have been or will be used to alleviate the emergency;
    (3) Information describing other Federal agency efforts and 
resources which have been or will be used in responding to this 
incident; and
    (4) Identification of the type and extent of additional Federal aid 
required.
    (d) Modified declaration for Federal emergencies. The requirement 
for a Governor's request under paragraph (a) of this section can be 
waived when an emergency exists for which the primary responsibility 
rests in the Federal government because the emergency involves a subject 
area for which, under the Constitution or laws of the United States, the 
Federal government exercises exclusive or preeminent responsibility and 
authority. Any party may bring the existence of such a situation to the 
attention of the FEMA Regional Director. Any recommendation for a 
Presidential declaration of emergency in the absence of a Governor's 
request must be initiated by the Regional Director or transmitted 
through the Regional Director by another Federal agency. In determining 
that such an emergency exists, the Associate Director or Regional 
Director shall consult the Governor of the affected State, if 
practicable.
    (e) Other authorities. It is not intended for an emergency 
declaration to preempt other Federal agency authorities and/or 
established plans and response mechanisms in place prior to the 
enactment of the Stafford Act.

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