[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR206.36]

[Page 425]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 206--FEDERAL DISASTER ASSISTANCE FOR DISASTERS DECLARED ON OR AFTER 
NOVEMBER 23, 1988--Table of Contents
 
                   Subpart B--The Declaration Process
 
Sec. 206.36  Requests for major disaster declarations.

    (a) When a catastrophe occurs in a State, the Governor of a State, 
or the Acting Governor in his/her absence, may request a major disaster 
declaration. 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 30 
days of the occurrence of the incident in order to be considered. The 
30-day period may be extended by the Associate Director, provided that a 
written request for an extension is submitted by the Governor, or Acting 
Governor, during this 30-day period. The extension request will 
stipulate reasons for the delay.
    (b) The basis for the request shall be a finding that:
    (1) The situation is of such severity and magnitude that effective 
response is beyond the capabilities of the State and affected local 
governments; and
    (2) Federal assistance under the Act is necessary to supplement the 
efforts and available resources of the State, local governments, 
disaster relief organizations, and compensation by insurance for 
disaster-related losses.
    (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) An estimate of the amount and severity of damages and losses 
stating the impact of the disaster on the public and private sector;
    (3) Information describing the nature and amount of State and local 
resources which have been or will be committed to alleviate the results 
of the disaster;
    (4) Preliminary estimates of the types and amount of supplementary 
Federal disaster assistance needed under the Stafford Act; and
    (5) Certification by the Governor that State and local government 
obligations and expenditures for the current disaster will comply with 
all applicable cost sharing requirements of the Stafford Act.
    (d) For those catastrophes of unusual severity and magnitude when 
field damage assessments are not necessary to determine the requirement 
for supplemental Federal assistance, the Governor or Acting Governor may 
send an abbreviated written request through the Regional Director for a 
declaration of a major disaster. This may be transmitted in the most 
expeditious manner available. In the event the FEMA Regional Office is 
severely impacted by the catastrophe, the request may be addressed to 
the Director of FEMA. The request must indicate a finding in accordance 
with Sec. 206.36(b), and must include as a minimum the information 
requested by Sec. 206.36 (c)(1), (c)(3), and (c)(5). Upon receipt of the 
request, FEMA shall expedite the processing of reports and 
recommendations to the President. Notification to the Governor of the 
Presidential declaration shall be in accordance with 44 CFR 206.39. The 
Associate Director shall assure that documentation of the declaration is 
later assembled to comply fully with these regulations.