44 Cfr 206.35

§ 206.35

44 CFR Ch. I (10–1–13 Edition)

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 Assistant Administrator for the Disaster Assistance Directorate through the appropriate Regional Administrator 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:
(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 Administrator shall gather adequate information to support a recommendation and forward it to the Assistant
Administrator for the Disaster Assistance Directorate. If the Assistant Administrator for the Disaster Assistance

Directorate 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
Assistant Administrator for the Disaster Assistance Directorate.
(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 Administrator 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 Administrator 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 § 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

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Federal Emergency Management Agency, DHS
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

§ 206.36

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
(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.

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