Title 44 CFR 206.34

ebenthall on PRODPC68 with CFR

§ 206.34

44 CFR Ch. I (10–1–08 Edition)

public sector, and the community as a
whole. Information collected is used by
the State as a basis for the Governor’s
request, and by FEMA to document the
recommendation made to the President
in response to the Governor’s request.
It is in the best interest of all parties
to combine State and Federal personnel resources by performing a joint
PDA prior to the initiation of a Governor’s request, as follows.
(a) Preassessment by the State. When
an incident occurs, or is imminent,
which the State official responsible for
disaster operations determines may be
beyond the State and local government
capabilities to respond, the State will
request the Regional Director to perform a joint FEMA-State preliminary
damage assessment. It is not anticipated that all occurrences will result
in the requirement for assistance;
therefore, the State will be expected to
verify their initial information, in
some manner, before requesting this
support.
(b) Damage assessment teams. Damage
assessment teams will be composed of
at least one representative of the Federal Government and one representative of the State. A local government
representative, familiar with the extent and location of damage in his/her
community, should also be included, if
possible. Other State and Federal agencies, and voluntary relief organizations
may also be asked to participate, as
needed. It is the State’s responsibility
to coordinate State and local participation in the PDA and to ensure that
the participants receive timely notification concerning the schedule. A
FEMA official will brief team members
on damage criteria, the kind of information to be collected for the particular incident, and reporting requirements.
(c) Review of findings. At the close of
the PDA, FEMA will consult with
State officials to discuss findings and
reconcile any differences.
(d) Exceptions. The requirement for a
joint PDA may be waived for those incidents of unusual severity and magnitude that do not require field damage
assessments to determine the need for
supplemental Federal assistance under
the Act, or in such other instances determined by the Regional Director

upon consultation with the State. It
may be necessary, however, to conduct
an assessment to determine unmet
needs for managerial response purposes.
§ 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;
(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:

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Federal Emergency Management Agency, DHS
(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

§ 206.35

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 § 206.8 of these regulations.
§ 206.35 Requests for emergency declarations.
(a) When an incident occurs or
threatens to occur in a State, which
would not qualify under the definition
of a major disaster, the Governor of a
State, or the Acting Governor in his/
her absence, may request that the
President declare an emergency. 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 5 days
after the need for assistance under title
V becomes apparent, but no longer
than 30 days after the occurrence of the
incident, in order to be considered. The
period may be extended by the Associate Director provided that a written
request for such extension is made by
the Governor, or Acting Governor, during the 30-day period immediately following the incident. The extension request must stipulate the reason for the
delay.
(b) The basis for the Governor’s request must be the finding that the situation:
(1) Is of such severity and magnitude
that effective response is beyond the
capability of the State and the affected
local government(s); and
(2) Requires supplementary Federal
emergency assistance to save lives and
to protect property, public health and
safety, or to lessen or avert the threat
of a disaster.
(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) Information describing the State
and local efforts and resources which
have been or will be used to alleviate
the emergency;
(3) Information describing other Federal agency efforts and resources which

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