44 Cfr 206.35-36

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§ 206.35

44 CFR Ch. I (10–1–10 Edition)

§ 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 Administrator 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 Assistant Administrator
for the Disaster Assistance Directorate
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
have been or will be used in responding
to this incident; and
(4) Identification of the type and extent of additional Federal aid required.
(d) Modified declaration for Federal
emergencies. The requirement for a Governor’s request under paragraph (a) of

this section can be waived when an
emergency exists for which the primary responsibility rests in the Federal government because the emergency involves a subject area for
which, under the Constitution or laws
of the United States, the Federal government exercises exclusive or preeminent responsibility and authority.
Any party may bring the existence of
such a situation to the attention of the
FEMA Regional Administrator. Any
recommendation for a Presidential declaration of emergency in the absence of
a Governor’s request must be initiated
by the Regional Administrator or
transmitted through the Regional Administrator by another Federal agency.
In determining that such an emergency
exists, the Assistant Administrator for
the Disaster Assistance Directorate or
Regional Administrator shall consult
the Governor of the affected State, if
practicable.
(e) Other authorities. It is not intended for an emergency declaration to
preempt other Federal agency authorities and/or established plans and response mechanisms in place prior to
the enactment of the Stafford Act.
§ 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 Administrator 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 Assistant Administrator
for the Disaster Assistance Directorate, 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

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