[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: 44CFR206.40]

[Page 427-428]
 
              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. 206.40  Designation of affected areas and eligible assistance.

    (a) Eligible assistance. The Associate Director has been delegated 
authority to determine and designate the types of assistance to be made 
available. The initial designations will usually be announced in the 
declaration. Determinations by the Associate Director of the types and 
extent of FEMA disaster assistance to be provided are based upon 
findings whether the damage involved and its effects are of such 
severity and magnitude as to be beyond the response capabilities of the 
State, the affected local governments, and other potential recipients of 
supplementary Federal assistance. The Associate Director may authorize 
all, or only particular types of, supplementary Federal assistance 
requested by the Governor.

[[Page 428]]

    (b) Areas eligible to receive assistance. The Associate Director 
also has been delegated authority to designate the disaster-affected 
areas eligible for supplementary Federal assistance under the Stafford 
Act. These designations shall be published in the Federal Register. A 
disaster-affected area designated by the Associate Director includes all 
local government jurisdictions within its boundaries. The Associate 
Director may, based upon damage assessments in any given area, designate 
all or only some of the areas requested by the Governor for 
supplementary Federal assistance.
    (c) Requests for additional designations after a declaration. After 
a declaration by the President, the Governor, or the GAR, may request 
that additional areas or types of supplementary Federal assistance be 
authorized by the Associate Director. Such requests shall be accompanied 
by appropriate verified assessments and commitments by State and local 
governments to demonstrate that the requested designations are justified 
and that the unmet needs are beyond State and local capabilities without 
supplementary Federal assistance. Additional assistance or areas added 
to the declaration will be published in the Federal Register.
    (d) Time limits to request. In order to be considered, all 
supplemental requests under paragraph (c) of this section must be 
submitted within 30 days from the termination date of the incident, or 
30 days after the declaration, whichever is later. The 30-day period may 
be extended by the Associate Director provided that a written request is 
made by the appropriate State official during this 30-day period. The 
request must include justification of the State's inability to meet the 
deadline.