44 Cfr 206.48

Federal Emergency Management Agency, DHS
Stafford Act, unless the Federal share
is increased under this section.
(b) We recommend an increase in the
Federal cost share from seventy-five
percent (75%) to not more than ninety
percent (90%) of the eligible cost of
permanent work under section 406 and
of emergency work under section 403
and section 407 whenever a disaster is
so extraordinary that actual Federal
obligations under the Stafford Act, excluding FEMA administrative cost,
meet or exceed a qualifying threshold
of:
(1) Beginning in 1999 and effective for
disasters declared on or after May 21,
1999, $75 per capita of State population;
(2) Effective for disasters declared
after January 1, 2000, and through December 31, 2000, $85 per capita of State
population;
(3) Effective for disasters declared
after January 1, 2001, $100 per capita of
State population; and,
(4) Effective for disasters declared
after January 1, 2002 and for later
years, $100 per capita of State population, adjusted annually for inflation
using the Consumer Price Index for All
Urban Consumers published annually
by the Department of Labor.
(c) When we determine whether to
recommend a cost-share adjustment we
consider the impact of major disaster
declarations in the State during the
preceding twelve-month period.
(d) If warranted by the needs of the
disaster, we recommend up to one hundred percent (100%) Federal funding for
emergency work under section 403 and
section 407, including direct Federal assistance, for a limited period in the initial days of the disaster irrespective of
the per capita impact.
[64 FR 19498, Apr. 21, 1999]

§ 206.48 Factors considered when evaluating a Governor’s request for a
major disaster declaration.
When we review a Governor’s request
for major disaster assistance under the
Stafford Act, these are the primary
factors in making a recommendation
to the President whether assistance is
warranted. We consider other relevant
information as well.
(a) Public Assistance Program. We
evaluate the following factors to evalu-

§ 206.48

ate the need for assistance under the
Public Assistance Program.
(1) Estimated cost of the assistance. We
evaluate the estimated cost of Federal
and
nonfederal
public
assistance
against the statewide population to
give some measure of the per capita
impact within the State. We use a figure of $1 per capita as an indicator that
the disaster is of such size that it
might warrant Federal assistance, and
adjust this figure annually based on
the Consumer Price Index for all Urban
Consumers. We are establishing a minimum threshold of $1 million in public
assistance damages per disaster in the
belief that we can reasonably expect
even the lowest population States to
cover this level of public assistance
damage.
(2) Localized impacts. We evaluate the
impact of the disaster at the county
and local government level, as well as
impacts at the American Indian and
Alaskan Native Tribal Government levels, because at times there are extraordinary concentrations of damages that
might warrant Federal assistance even
if the statewide per capita is not met.
This is particularly true where critical
facilities are involved or where localized per capita impacts might be extremely high. For example, we have at
times seen localized damages in the
tens or even hundreds of dollars per
capita though the statewide per capita
impact was low.
(3) Insurance coverage in force. We
consider the amount of insurance coverage that is in force or should have
been in force as required by law and
regulation at the time of the disaster,
and reduce the amount of anticipated
assistance by that amount.
(4) Hazard mitigation. To recognize
and encourage mitigation, we consider
the extent to which State and local
government measures contributed to
the reduction of disaster damages for
the disaster under consideration. For
example, if a State can demonstrate in
its disaster request that a Statewide
building code or other mitigation
measures are likely to have reduced
the damages from a particular disaster,
we consider that in the evaluation of
the request. This could be especially

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§ 206.48

44 CFR Ch. I (10–1–13 Edition)

significant in those disasters where, because of mitigation, the estimated public assistance damages fell below the
per capita indicator.
(5) Recent multiple disasters. We look
at the disaster history within the last
twelve-month period to evaluate better
the overall impact on the State or locality. We consider declarations under
the Stafford Act as well as declarations
by the Governor and the extent to
which the State has spent its own
funds.
(6) Programs of other Federal assistance. We also consider programs of
other Federal agencies because at
times their programs of assistance
might more appropriately meet the
needs created by the disaster.
(b) Factors for the Individual Assistance Program. We consider the following factors to measure the severity,
magnitude and impact of the disaster
and to evaluate the need for assistance
to individuals under the Stafford Act.
(1) Concentration of damages. We
evaluate the concentrations of damages to individuals. High concentrations of damages generally indicate a
greater need for Federal assistance
than widespread and scattered damages
throughout a State.
(2) Trauma. We consider the degree of
trauma to a State and to communities.
Some of the conditions that might
cause trauma are:

(i) Large numbers of injuries and
deaths;
(ii) Large scale disruption of normal
community functions and services; and
(iii) Emergency needs such as extended or widespread loss of power or
water.
(3) Special populations. We consider
whether special populations, such as
low-income, the elderly, or the unemployed are affected, and whether they
may have a greater need for assistance.
We also consider the effect on American Indian and Alaskan Native Tribal
populations in the event that there are
any unique needs for people in these
governmental entities.
(4) Voluntary agency assistance. We
consider the extent to which voluntary
agencies and State or local programs
can meet the needs of the disaster victims.
(5) Insurance. We consider the
amount of insurance coverage because,
by law, Federal disaster assistance cannot duplicate insurance coverage.
(6) Average amount of individual assistance by State. There is no set threshold
for recommending Individual Assistance, but the following averages may
prove useful to States and voluntary
agencies as they develop plans and programs to meet the needs of disaster
victims.

AVERAGE AMOUNT OF ASSISTANCE PER DISASTER
[July 1994 to July 1999]

Average Population (1990 census data) ............................................
Number of Disaster Housing Applications Approved .........................
Number of Homes Estimated Major Damage/Destroyed ...................
Dollar Amount of Housing Assistance ................................................
Number of Individual and Family Grant Applications Approved ........
Dollar Amount of Individual and Family Grant Assistance .................
Disaster Housing/IFG Combined Assistance .....................................

NOTE: The high 3 and low 3 disasters, based
on Disaster Housing Applications, are not
considered in the averages. Number of Damaged/Destroyed Homes is estimated based on
the number of owner-occupants who qualify
for Eligible Emergency Rental Resources.
Data source is FEMA’s National Processing
Service Centers. Data are only available
from July 1994 to the present.

Small states
(under 2 million
pop.)

Medium states
(2–10 million
pop.)

1,000,057 ...........
1,507 ..................
173 .....................
$2.8 million
495 .....................
1.1 million ...........
3.9 million ...........

4,713,548 ...........
2,747 ..................
582 .....................
$4.6 million
1,377 ..................
2.9 million ...........
7.5 million ...........

Large states
(over 10 million
pop.)
15,522,791
4,679
801
$9.5 million
2,071
4.6 million
14.1 million

Small Size States (under 2 million population,
listed in order of 1990 population): Wyoming,
Alaska, Vermont, District of Columbia,
North Dakota, Delaware, South Dakota,
Montana, Rhode Island, Idaho, Hawaii, New
Hampshire, Nevada, Maine, New Mexico, Nebraska, Utah, West Virginia. U.S. Virgin Islands and all Pacific Island dependencies.
Medium Size States (2–10 million population,
listed in order of 1990 population): Arkansas,

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Federal Emergency Management Agency, DHS
Kansas, Mississippi, Iowa, Oregon, Oklahoma, Connecticut, Colorado, South Carolina, Arizona, Kentucky, Alabama, Louisiana, Minnesota, Maryland, Washington,
Tennessee, Wisconsin, Missouri, Indiana,
Massachusetts, Virginia, Georgia, North
Carolina, New Jersey, Michigan. Puerto
Rico.
Large Size States (over 10 million population,
listed in order of 1990 population): Ohio, Illinois, Pennsylvania, Florida, Texas, New
York, California.
[64 FR 47698, Sept. 1, 1999]

§§ 206.49–206.60

[Reserved]

Subpart C—Emergency
Assistance
SOURCE: 55 FR 2296, Jan. 23, 1990, unless
otherwise noted.

§ 206.61

Purpose.

The purpose of this subpart is to
identify the forms of assistance which
may be made available under an emergency declaration.
§ 206.62

Available assistance.

In any emergency declaration, the
Regional Administrator or Administrator may provide assistance, as follows:
(a) Direct any Federal agency, with
or without reimbursement, to utilize
its authorities and the resources granted to it under Federal law (including
personnel, equipment, supplies, facilities, and managerial, technical and advisory services) in support of State and
local emergency assistance efforts to
save lives, protect property and public
health and safety, and lessen or avert
the threat of a catastrophe;
(b) Coordinate all disaster relief assistance (including voluntary assistance) provided by Federal agencies,
private organizations, and State and
local governments;
(c) Provide technical and advisory assistance to affected State and local
governments for:
(1) The performance of essential community services;
(2) Issuance of warnings of risks or
hazards;
(3) Public health and safety information, including dissemination of such
information;

§ 206.67

(4) Provision of health and safety
measures; and
(5) Management, control, and reduction of immediate threats to public
health and safety;
(d) Provide emergency assistance
under the Stafford Act through Federal
agencies;
(e) Remove debris in accordance with
the terms and conditions of section 407
of the Stafford Act;
(f) Provide assistance in accordance
with section 408 of the Stafford Act;
and
(g) Assist State and local governments in the distribution of medicine,
food, and other consumable supplies,
and emergency assistance.
[55 FR 2296, Jan. 23, 1990, as amended at 67
FR 61460, Sept. 30, 2002]

§ 206.63 Provision of assistance.
Assistance authorized by an emergency declaration is limited to immediate and short-term assistance, essential to save lives, to protect property
and public health and safety, or to lessen or avert the threat of a catastrophe.
§ 206.64 Coordination of assistance.
After an emergency declaration by
the President, all Federal agencies,
voluntary organizations, and State and
local governments providing assistance
shall operate under the coordination of
the Federal Coordinating Officer.
§ 206.65 Cost sharing.
The Federal share for assistance provided under this title shall not be less
than 75 percent of the eligible costs.
§ 206.66 Limitation on expenditures.
Total assistance provided in any
given emergency declaration may not
exceed $5,000,000, except when it is determined by the Administrator that:
(a) Continued emergency assistance
is immediately required;
(b) There is a continuing and immediate risk to lives, property, public
health and safety; and
(c) Necessary assistance will not otherwise be provided on a timely basis.
§ 206.67 Requirement when limitation
is exceeded.
Whenever the limitation described in
§ 206.66 is exceeded, the Administrator

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