[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: 44CFR206.5]



[Page 421-422]

 

              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 A_General

 

Sec.  206.5  Assistance by other Federal agencies.



    (a) In any declared major disaster, the Associate Director or the 

Regional Director may direct any Federal agency to utilize its 

authorities and the resources granted to it under Federal law (including 

personnel, equipment, supplies, facilities, and managerial, technical, 

and advisory services) to support State and local assistance efforts.

    (b) In any declared emergency, the Associate Director or the 

Regional Director may direct any Federal agency to utilize its 

authorities and the resources granted to it under Federal law (including 

personnel, equipment, supplies, facilities, and managerial, technical, 

and advisory services) to support emergency efforts by State and local 

governments to save lives; protect property, public health and safety; 

and lessen or avert the threat of a catastrophe.

    (c) In any declared major disaster or emergency, the Associate 

Director or the Regional Director may direct any Federal agency to 

provide emergency assistance necessary to save lives and to protect 

property, public health, and safety by:

    (1) Utilizing, lending, or donating to State and local governments 

Federal equipment, supplies, facilities, personnel, and other resources, 

other than the extension of credit, for use or distribution by such 

governments in accordance with the purposes of this Act;

    (2) Distributing medicine, food, and other consumable supplies; or

    (3) Performing work or services to provide emergency assistance 

authorized in the Stafford Act.

    (d) Disaster assistance by other Federal agencies is subject to the 

coordination of the FCO. Federal agencies shall provide any reports or 

information about disaster assistance rendered under the provisions of 

these regulations or authorities independent of the Stafford Act, that 

the FCO or Regional Director considers necessary and requests from the 

agencies.



[[Page 422]]



    (e) Assistance furnished by any Federal agency under paragraphs (a), 

(b), or (c) of this section is subject to the criteria provided by the 

Associate Director under these regulations.

    (f) Assistance under paragraphs (a), (b), or (c) of this section, 

when directed by the Associate Director or Regional Director, does not 

apply to nor shall it affect the authority of any Federal agency to 

provide disaster assistance independent of the Stafford Act.

    (g) In carrying out the purposes of the Stafford Act, any Federal 

agency may accept and utilize, with the consent of the State or local 

government, the services, personnel, materials, and facilities of any 

State or local government, agency, office, or employee. Such utilization 

shall not make such services, materials, or facilities Federal in nature 

nor make the State or local government or agency an arm or agent of the 

Federal Government.

    (h) Any Federal agency charged with the administration of a Federal 

assistance program may, if so requested by the applicant State or local 

authorities, modify or waive, for a major disaster, such administrative 

conditions for assistance as would otherwise prevent the giving of 

assistance under such programs if the inability to meet such conditions 

is a result of the major disaster.