[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: 44CFR206.40]



[Page 429]

 

              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. 206.40  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.

    (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.