44 Cfr 206.36

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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§ 206.37

44 CFR Ch. I (10–1–13 Edition)

(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 Administrator 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 addressed to the Administrator
of FEMA. The request must indicate a
finding in accordance with § 206.36(b),
and must include as a minimum the information requested by § 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 Assistant Administrator for
the
Disaster
Assistance
Directorateshall assure that documentation of the declaration is later
assembled to comply fully with these
regulations.

§ 206.37 Processing requests for declarations of a major disaster or
emergency.
(a) Acknowledgment. The Regional Administrator shall provide written acknowledgment of the Governor’s request.
(b) Regional summary. Based on information obtained by FEMA/State preliminary damage assessments of the affected area(s) and consultations with
appropriate State and Federal officials
and other interested parties, the Regional Administrator shall promptly
prepare a summary of the PDA findings. The data will be analyzed and
submitted with a recommendation to
the Assistant Administrator for the
Disaster Assistance Directorate. The
Regional Analysis shall include a discussion of State and local resources
and capabilities, and other assistance
available to meet the major disaster or
emergency-related needs.
(c) FEMA recommendation. Based on
all available information, the Administrator shall formulate a recommendation which shall be forwarded to the
President with the Governor’s request.
(1) Major disaster recommendation. The
recommendation will be based on a
finding that the situation is or is not of
such severity and magnitude as to be
beyond the capabilities of the State
and its local governments. It will also
contain a determination of whether or
not supplemental Federal assistance
under the Stafford Act is necessary and
appropriate. In developing a recommendation, FEMA will consider
such factors as the amount and type of
damages; the impact of damages on affected individuals, the State, and local
governments; the available resources
of the State and local governments,
and other disaster relief organizations;
the extent and type of insurance in effect to cover losses; assistance available from other Federal programs and
other sources; imminent threats to
public health and safety; recent disaster history in the State; hazard mitigation measures taken by the State or
local governments, especially implementation of measures required as a
result of previous major disaster declarations; and other factors pertinent
to a given incident.

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