[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 44CFR206.34]



[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.  206.34  Request for utilization of Department of Defense (DOD) resources.



    (a) General. During the immediate aftermath of an incident which may 

ultimately qualify for a Presidential declaration of a major disaster or 

emergency, when threats to life and property are present which cannot be 

effectively dealt with by the State or local governments, the Associate 

Director may direct DOD to utilize DOD personnel and equipment for 

removal of debris and wreckage and temporary restoration of essential 

public facilities and services.

    (b) Request process. The Governor of a State, or the Acting Governor 

in his/her absence, may request such DOD assistance. The Governor should 

submit the request to the Associate Director through the appropriate 

Regional Director to ensure prompt acknowledgment and processing. The 

request must be submitted within 48 hours of the occurrence of the 

incident. Requests made after that time may still be considered if 

information is submitted indicating why the request for assistance could 

not be made during the initial 48 hours. The request shall include:

    (1) Information describing the types and amount of DOD emergency 

assistance being requested;

    (2) Confirmation that the Governor has taken appropriate action 

under State law and directed the execution of the State emergency plan;



[[Page 427]]



    (3) A finding that the situation is of such severity and magnitude 

that effective response is beyond the capabilities of the State and 

affected local governments and that Federal assistance is necessary for 

the preservation of life and property;

    (4) A certification by the Governor that the State and local 

government will reimburse FEMA for the non-Federal share of the cost of 

such work; and

    (5) An agreement:

    (i) To provide all lands, easements and rights-of-way necessary to 

accomplish the approved work without cost to the United States;

    (ii) To hold and save the United States free from damages due to the 

requested work, and to indemnify the Federal government against any 

claims arising from such work; and

    (iii) To assist DOD in all support and local jurisdictional matters.

    (c) Processing the request. Upon receipt of the request, the 

Regional Director shall gather adequate information to support a 

recommendation and forward it to the Associate Director. If the 

Associate Director determines that such work is essential to save lives 

and protect property, he/she will issue a mission assignment to DOD 

authorizing direct Federal assistance to the extent deemed appropriate.

    (d) Implementation of assistance. The performance of emergency work 

may not exceed a period of 10 days from the date of the mission 

assignment.

    (e) Limits. Generally, no work shall be approved under this section 

which falls within the statutory authority of DOD or another Federal 

agency. However, where there are significant unmet needs of sufficient 

severity and magnitude, not addressed by other assistance, which could 

appropriately be addressed under this section of the Stafford Act, the 

involvement of other Federal agencies would not preclude the 

authorization of DOD assistance by the Associate Director.

    (f) Federal share. The Federal share of assistance under this 

section shall be not less than 75 percent of the cost of eligible work.

    (g) Project management. DOD shall ensure that the work is completed 

in accordance with the approved scope of work, costs, and time 

limitations in the mission assignment. DOD shall also keep the Regional 

Director and the State advised of work progress and other project 

developments. It is the responsibility of DOD to ensure compliance with 

applicable Federal, State and local legal requirements. A final report 

will be submitted to the Regional Director upon termination of all 

direct Federal assistance work. Final reports shall be signed by a 

representative of DOD and the State. Once the final eligible cost is 

determined, DOD will request reimbursement from FEMA and FEMA will 

submit a bill to the State for the non-Federal share of the mission 

assignment.

    (h) Reimbursement of DOD. Reimbursement will be made in accordance 

with Sec.  206.8 of these regulations.