[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: 44CFR206.37]



[Page 428]

 

              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.