[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: 44CFR206.36]



[Page 428-429]

 

              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.  206.36  Requests for major disaster declarations.



    (a) When a catastrophe occurs in a State, the Governor of a State, 

or the Acting Governor in his/her absence, may request a major disaster 

declaration. 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 30 

days of the occurrence of the incident in order to be considered. The 

30-day period may be extended by the Associate Director, provided that a 

written request for an extension is submitted by the Governor, or Acting 

Governor, during this 30-day period. The extension request will 

stipulate reasons for the delay.

    (b) The basis for the request shall be a finding that:

    (1) The situation is of such severity and magnitude that effective 

response is beyond the capabilities of the State and affected local 

governments; and

    (2) Federal assistance under the Act is necessary to supplement the 

efforts and available resources of the State, local governments, 

disaster relief organizations, and compensation by insurance for 

disaster-related losses.

    (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) An estimate of the amount and severity of damages and losses 

stating the impact of the disaster on the public and private sector;

    (3) Information describing the nature and amount of State and local 

resources which have been or will be committed to alleviate the results 

of the disaster;

    (4) Preliminary estimates of the types and amount of supplementary 

Federal disaster assistance needed under the Stafford Act; and

    (5) Certification by the Governor that State and local government 

obligations and expenditures for the current disaster will comply with 

all applicable cost sharing requirements of the Stafford Act.

    (d) For those catastrophes of unusual severity and magnitude when 

field damage assessments are not necessary to determine the requirement 

for supplemental Federal assistance, the Governor or Acting Governor may 

send an abbreviated written request through the Regional Director for a 

declaration of a major disaster. This may be transmitted in the most 

expeditious manner available. In the event the FEMA Regional Office is 

severely impacted by the catastrophe, the request may be



[[Page 429]]



addressed to the Director of FEMA. The request must indicate a finding 

in accordance with Sec.  206.36(b), and must include as a minimum the 

information requested by Sec.  206.36 (c)(1), (c)(3), and (c)(5). Upon 

receipt of the request, FEMA shall expedite the processing of reports 

and recommendations to the President. Notification to the Governor of 

the Presidential declaration shall be in accordance with 44 CFR 206.39. 

The Associate Director shall assure that documentation of the 

declaration is later assembled to comply fully with these regulations.