[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR206.35]



[Page 426-427]

 

              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. 206.35  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



[[Page 427]]



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.