[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR206.37]

[Page 426]
 
              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. 206.37  Processing requests for declarations of a major disaster or 
emergency.

    (a) Acknowledgment. The Regional Director shall provide written 
acknowledgment of the Governor's request.
    (b) Regional summary. Based on information obtained by FEMA/State 
preliminary damage assessments of the affected area(s) and consultations 
with appropriate State and Federal officials and other interested 
parties, the Regional Director shall promptly prepare a summary of the 
PDA findings. The data will be analyzed and submitted with a 
recommendation to the Associate Director. The Regional Analysis shall 
include a discussion of State and local resources and capabilities, and 
other assistance available to meet the major disaster or emergency-
related needs.
    (c) FEMA recommendation. Based on all available information, the 
Director shall formulate a recommendation which shall be forwarded to 
the President with the Governor's request.
    (1) Major disaster recommendation. The recommendation will be based 
on a finding that the situation is or is not of such severity and 
magnitude as to be beyond the capabilities of the State and its local 
governments. It will also contain a determination of whether or not 
supplemental Federal assistance under the Stafford Act is necessary and 
appropriate. In developing a recommendation, FEMA will consider such 
factors as the amount and type of damages; the impact of damages on 
affected individuals, the State, and local governments; the available 
resources of the State and local governments, and other disaster relief 
organizations; the extent and type of insurance in effect to cover 
losses; assistance available from other Federal programs and other 
sources; imminent threats to public health and safety; recent disaster 
history in the State; hazard mitigation measures taken by the State or 
local governments, especially implementation of measures required as a 
result of previous major disaster declarations; and other factors 
pertinent to a given incident.
    (2) Emergency recommendation. The recommendation will be based on a 
report which will indicate whether or not Federal emergency assistance 
under section 502 of the Stafford Act is necessary to supplement State 
and local efforts to save lives, protect property and public health and 
safety, or to lessen or avert the threat of a catastrophe. Only after it 
has been determined that all other resources and authorities available 
to meet the crisis are inadequate, and that assistance provided in 
section 502 of the Stafford Act would be appropriate, will FEMA 
recommend an emergency declaration to the President.
    (d) Modified Federal emergency recommendation. The recommendation 
will be based on a report which will indicate that an emergency does or 
does not exist for which assistance under section 502 of the Stafford 
Act would be appropriate. An emergency declaration will not be 
recommended in situations where the authority to respond or coordinate 
is within the jurisdiction of one or more Federal agencies without a 
Presidential declaration. However, where there are significant unmet 
needs of sufficient severity and magnitude, not addressed by other 
assistance, which could appropriately be addressed under the Stafford 
Act, the involvement of other Federal agencies would not preclude a 
declaration of an emergency under the Act.