Order Code RL33090
CRS Report for Congress
Received through the CRS Web
Robert T. Stafford Disaster Relief and Emergency
Assistance Act: Legal Requirements for Federal
and State Roles in Declarations of an Emergency
or a Major Disaster
September 16, 2005
Elizabeth B. Bazan
Legislative Attorney
American Law Division
Congressional Research Service ˜ The Library of Congress

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Robert T. Stafford Disaster Relief and Emergency
Assistance Act: Legal Requirements for Federal and
State Roles in Declaration of an Emergency or a Major
Disaster
Summary
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, P.L. 93-
288, as amended, 42 U.S.C. §§ 5121-5206, and implementing regulations in 44
C.F.R. §§ 206.31-206.48, provide the statutory framework for a Presidential
declaration of an emergency or a declaration of a major disaster. Such declarations
open the way for a wide range of federal resources to be made available to assist in
dealing with the emergency or major disaster involved. The Stafford Act structure
for the declaration process reflects the fact that federal resources under this act
supplement state and local resources for disaster relief and recovery. Except in the
case of an emergency involving a subject area that is exclusively or preeminently in
the federal purview, the Governor of an affected state, or Acting Governor if the
Governor is not available, must request such a declaration by the President. This
report will review the statutory and regulatory requirements applicable to the affected
state seeking the declaration and to the Presidential declaration, and will note the
different types of resources that may be made available in the response to the two
types of declarations. This report will updated as needed.

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Contents
The Declaration Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Types of Disaster Assistance Available under Major Disaster Declarations . . . . . 9
Types of Emergency Assistance Made Available by a Declaration of
Emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

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Robert T. Stafford Disaster Relief and
Emergency Assistance Act: Legal
Requirements for Federal and State Roles
in Declaration of an Emergency or a Major
Disaster
The Declaration Process
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as
amended, 42 U.S.C. § 5121 et seq., is designed to provide a means by which the
federal government may supplement state and local resources in major disasters or
emergencies where those state and local resources have been or will be overwhelmed.
The Act provides separate but similar mechanisms for declaration of a major disaster
and for declaration of an emergency. Except to the extent that an emergency involves
primarily federal interests, both declarations of major disaster and declarations of
emergency must be triggered by a request to the President from the Governor of the
affected state. The pertinent provisions with respect to such declarations are set forth
in Section 401 of the Stafford Act, 42 U.S.C. § 5170, with respect to major disasters
declarations and in Section 501 of the Stafford Act, 42 U.S.C. § 5191, with respect
to emergency declarations:
§ 5170. Procedure for declaration
All requests for a declaration by the President that a major disaster exists shall
be made by the Governor of the affected State. Such a request shall be based on
a finding that the disaster is of such severity and magnitude that effective
response is beyond the capabilities of the State and the affected local
governments and that Federal assistance is necessary. As part of such request,
and as a prerequisite to major disaster assistance under this chapter, the Governor
shall take appropriate response action under State law and direct execution of the
State’s emergency plan. The Governor shall furnish information on the nature
and amount of State and local resources which have been or will be committed
to alleviating the results of the disaster, and shall certify that, for the current
disaster, State and local government obligations and expenditures (of which State
commitments must be a significant proportion) will comply with all applicable
cost-sharing requirements of this chapter. Based on the request of a Governor
under this section, the President may declare under this chapter that a major
disaster or emergency exists.1
1 44 C.F.R. § 206.36 sets out the requirements to be fulfilled by the Governor or Acting
Governor in his or her absence in requesting a Presidential major disaster declaration:
(continued...)

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§ 5191. Procedure for declaration
(a) Request and declaration
All requests for a declaration by the President that an emergency exists shall be
made by the Governor of the affected State. Such a request shall be based on a
finding that the situation is of such severity and magnitude that effective
1 (...continued)
§ 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 Director 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 Associate Director,
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.
(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 Director 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 Director 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 Associate Director shall assure that
documentation of the declaration is later assembled to comply fully with these
regulations.

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response is beyond the capabilities of the State and the affected local
governments and that Federal assistance is necessary. As a part of such request,
and as a prerequisite to emergency assistance under this chapter, the Governor
shall take appropriate action under State law and direct execution of the State’s
emergency plan. The Governor shall furnish information describing the State and
local efforts and resources which have been or will be used to alleviate the
emergency, and will define the type and extent of Federal aid required. Based
upon such Governor’s request, the President may declare that an emergency
exists.
(b) Certain emergencies involving Federal primary responsibility
The President may exercise any authority vested in him by section 5192 of this
title or section 5193 of this title with respect to an emergency when he
determines that an emergency exists for which the primary responsibility for
response rests with the United States because the emergency involves a subject
area for which, under the Constitution or laws of the United States, the United
States exercises exclusive or preeminent responsibility and authority. In
determining whether or not such an emergency exists, the President shall consult
the Governor of any affected State, if practicable. The President’s determination
may be made without regard to subsection (a) of this section.2
2 44 C.F.R. § 206.35 sets out the requirements for requests made by the Governor of a State
or the Acting Governor in his/her absence for emergency declarations by the President under
42 U.S.C. § 5191:
§ 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 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
(continued...)

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When an incident occurs or is imminent which the state official responsible for
disaster operations determines may exceed state and local response capabilities, the
state will request the FEMA Regional Director to perform a joint FEMA-state
preliminary damage assessment (PDA). This provides a means to determine the
impact and magnitude of damage and resulting unmet needs of individuals,
businesses, the public sector, and the affected community as a whole. Information
collected in this way is used by the state as a basis for the Governor’s request for a
presidential proclamation and by FEMA to document its recommendation to the
President in response to the Governor’s request. 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 that supplemental federal assistance
will be needed, or in other situations determined by the Regional Director in
consultation with the State. An assessment may still be needed to determine unmet
needs for managerial response purposes.3
Once a request from the Governor of an affected state is received by the FEMA
Regional Director whose region covers that state, the Regional Director provides a
written acknowledgment of receipt of the request. Based on the joint PDA(s) and
consultation with appropriate state and federal officials and other interested parties,
the Regional Director then promptly prepares a summary of the PDA findings. An
analysis of this information, including an examination of state and local resources
and capabilities and other assistance available to meet the needs associated with the
emergency or major disaster, is submitted with a recommendation to the Associate
Director of FEMA. Based on available information, the Director of FEMA makes
a recommendation on the Governor’s request to the President. A major disaster
recommendation is based upon a finding that the situation is or is not of such severity
and magnitude as to be beyond the capabilities of the state and local governments.
It also contains a determination of whether or not supplemental federal Stafford Act
assistance is necessary and appropriate.4 An emergency recommendation is based on
2 (...continued)
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 Director.
Any recommendation for a Presidential declaration of emergency in the absence
of a Governor’s request must be initiated by the Regional Director or transmitted
through the Regional Director by another Federal agency. In determining that
such an emergency exists, the Associate Director or Regional Director 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.
3 44 C.F.R. § 206.33.
4 The factors considered by FEMA is evaluating a Governor’s request for a major disaster
declaration are set out in 44 C.F.R. § 206.48:
(continued...)

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4 (...continued)
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 evaluate 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 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
(continued...)

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a report indicating whether or not federal emergency assistance is necessary to
supplement state and local efforts to save lives, protect property and public health
and safety, or to lessen or avert the threat of a catastrophe. FEMA will only
recommend an emergency declaration if it has been determined that all other
resources and authorities to meet the crisis are inadequate and that Stafford Act
emergency assistance would be appropriate. A modified federal emergency
recommendation would be made based on a report as to whether an emergency does
or does not exist for which Stafford Act emergency assistance would be appropriate.
Such a recommendation would not be forthcoming in situations where the authority
to respond or coordinate is within the jurisdiction of one or more federal agencies
without a Presidential declaration. A modified federal emergency recommendation
by FEMA for an emergency declaration by the President would not be foreclosed by
other federal agency involvement if there are significant unmet needs of sufficient
severity and magnitude, not addressed by other assistance, which could appropriately
be addressed under the Stafford Act.5
The President may respond to a Governor’s request for a declaration of a major
disaster by a declaration of an emergency, a declaration of a major disaster, or a
denial of the request. In response to a Governor’s request for a declaration of
emergency, the President’s options are limited to declaration of an emergency or
denial of the request.6 A denial of a declaration request may be appealed within 30
days of the date of the denial letter, submitted with additional information to the
President through the Regional Director.7 An extension of the time limit may be
sought within the 30 day time frame from the Associate Director upon written request
citing the reasons for the delay.8
Once the decision is made, the FEMA Director or his or her designee must
promptly notify the Governor. If the President has declared a major disaster or an
emergency, FEMA must also notify other federal agencies and interested parties.
4 (...continued)
(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.
5 44 C.F.R. § 206.37.
6 44 C.F.R. § 206.38.
7 44 C.F.R. § 206.46(a).
8 44 C.F.R. § 206.46(d).

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Following either type of declaration, the Regional Director or Associate Director are
to promptly notify the Governor of the designations of assistance and of the areas
eligible for such assistance.9 The determinations of the types of assistance to be
made available and the areas eligible to receive such assistance are made by the
FEMA Associate Director.10 A denial of the types of assistance or areas eligible to
receive assistance may be made in writing within 30 days of the date of the denial
letter, accompanied with justification and/or additional information to the Associate
Director through the Regional Director.11 The Associate Director may extend the
time for filing the appeal upon written request received during the 30 day time frame
citing reasons for the delay.12
Once a declaration of an emergency or a major disaster is made by the President,
the Director of FEMA, or, in his absence the Deputy Director or the Associate
Director must appoint a Federal Coordinating Officer (FCO) who shall immediately
initiate action to assure that federal assistance is provided in accordance with the
declaration, applicable laws and regulations, and the FEMA-state agreement entered
into pursuant to 44 C.F.R. §206.44. The FEMA Regional Director will designate a
Disaster Recovery Manager to exercise all of the Regional Director’s authority in a
major disaster or emergency. Once a declaration is made, the Governor is to
designate a State Coordinating Officer to coordinate state and local assistance efforts
with federal efforts. The Governor’s Authorized Representative designated by the
Governor in the FEMA-state agreement is to administer federal disaster assistance
programs on behalf of the state and local governments and other grant or loan
recipients and is also responsible for state compliance with the FEMA-state
agreement.13 The FCO’s responsibilities following a declaration of a major disaster
or emergency are to:
(a) . . .
(1) Make an initial appraisal of the types of assistance most urgently
needed;
(2) In coordination with the SCO, establish field offices and Disaster
Application Centers as necessary to coordinate and monitor assistance
programs, disseminate information, accept applications, and counsel
individuals, families and businesses concerning available assistance;
(3) Coordinate the administration of relief, including activities of State and
local governments, activities of Federal agencies, and those of the
American Red Cross, the Salvation Army, the Mennonite Disaster Service,
and other voluntary relief organizations which agree to operate under the
FCO’s advice and direction;
(4) Undertake appropriate action to make certain that all of the Federal
agencies are carrying out their appropriate disaster assistance roles under
their own legislative authorities and operational policies; and
9 44 C.F.R. § 206.39.
10 44 C.F.R. § 206.40.
11 44 C.F.R. § 206.46(b).
12 44 C.F.R. § 206.46(d).
13 44 C.F.R. § 206.41.

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(5) Take other action, consistent with the provisions of the Stafford Act, as
necessary to assist citizens and public officials in promptly obtaining
assistance to which they are entitled.
(b) The SCO coordinates State and local disaster assistance efforts with those of
the Federal Government working closely with the FCO. The SCO is the principal
point of contact regarding coordination of State and local disaster relief
activities, and implementation of the State emergency plan. The functions,
responsibilities, and authorities of the SCO are set forth in the State emergency
plan. It is the responsibility of the SCO to ensure that all affected local
jurisdictions are informed of the declaration, the types of assistance authorized,
and the areas eligible to receive such assistance.
The FCO may activate emergency support teams of federal program and support
personnel to be deployed to the affected areas to assist the FCO in carrying out his
or her Stafford Act responsibilities.14
If the Governor so requests, the Associate Director of FEMA may lend or
advance to the state, either for its own use or for the use of public or private nonprofit
applicants for disaster assistance under the Stafford Act, the portion of assistance for
which the state or other eligible disaster assistance applicant is responsible under the
cost-sharing provisions15 in any case in which:
14 44 C.F.R. § 206.43.
15 See, 44 C.F.R. § 206.47 regarding cost-share adjustments. The federal share of essential
assistance shall not be less than 75% of the eligible costs of such assistance. 42 U.S.C. §
5170b(b), (c)(4). For hazard mitigation under 42 U.S.C. § 5170c(a), the federal share is up
to 75% of the cost of hazard mitigation measures the President has determined are cost-
effective and which substantially reduce the risk of future damage, hardship, loss, or
suffering in any area affected by a major disaster. For repair, restoration and replacement
of damaged facilities under 42 U.S.C. § 5172(b)(1) the federal share is not less than 75
percent, but this amount may be reduced to not less than 25% under § 5172(b)(2) in the case
of repair, restoration, reconstruction or replacement of any eligible public facility or private
nonprofit facility following an event associated with a major disaster that has been damaged
on more than one occasion in the last 10 years by a similar event and with respect to which
the owner has failed to implement appropriate mitigation measures to address the hazard
which caused the damage to the facility. For debris removal under 42 U.S.C. § 5173(d), the
federal share of assistance is not less than 75 percent of the eligible cost. The federal share
for assistance to individuals and households under 42 U.S.C. § 5174 is 100% of eligible
costs generally, except that it is 75% for financial assistance for other needs, the non-federal
share to be paid from state funds. The maximum financial assistance that an individual or
household can receive under this program is $25,000 with respect to a single disaster, with
the limit subject to annual adjustment to reflect changes in the Consumer Price Index for All
Urban Consumers published by the Department of Labor.
A simplified procedure under 42 U.S.C. § 5189, may be used if the federal estimate
of cost is less than $35,000, adjusted annually for to reflect changes in the Consumer Price
Index, for repairing, restoring, reconstructing or replacing a damaged or destroyed public
or private nonprofit facility under 42 U.S.C. § 5172; emergency assistance under §§ 5170b
or 5192, or debris removal under § 5173. Under this provision, the President, upon
application by the state, local government, or owner or operator of the private nonprofit
facility, may make the federal contribution based on the federal cost estimate.
(continued...)

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(1) The State or other eligible disaster assistance applicant is unable to assume
their financial responsibility under such cost sharing provisions:
(i) As a result of concurrent, multiple major disasters in a jurisdiction, or
(ii) After incurring extraordinary costs as a result of a particular disaster;
(2) The damages caused by such disasters or disaster are so overwhelming and
severe that it is not possible for the State or other eligible disaster assistance
applicant to immediately assume their financial responsibility under the Act; and
(3) The State and the other eligible disaster applicants are not delinquent in
payment of any debts to FEMA incurred as a result of Presidentially declared
major disasters or emergencies.
Such loans must be repaid to the United States with interest, and the Governor must
include a repayment schedule as part of the request for the advance.16 Denial of a
Governor’s request for an advance of a non-federal share may be appealed in writing
within 30 days of the date of the denial letter accompanied by justification and/or
additional information sent to the Associate Director through the Regional Director.17
The Associate Director may extend the time for filing upon written request filed with
reasons for the delay within the original 30 day time period.18
Types of Disaster Assistance Available under Major
Disaster Declarations
Eligibility for disaster assistance begins on the date of the occurrence of the
event which results in a declaration a major disaster exists, except that reasonable
expenses incurred in anticipation of and immediately preceding the event may also
be eligible for federal assistance.19 A major disaster declaration by the President
opens the door to two types of federal disaster assistance: general federal assistance
under Section 402(a) of the Stafford Act, 42 U.S.C. § 5170a, and essential federal
15 (...continued)
Under 42 U.S.C. § 5184, Community disaster loans to local governments suffering a
substantial loss of tax and other revenues due to a major disaster which have demonstrated
a need for financial assistance to perform its governmental functions shall not exceed 25%
of the annual operating budget of the local government for the fiscal year in which the major
disaster occurred, up to a maximum of $5,000,000.
Federal emergency assistance under 42 U.S.C. § 5192 is to be not less than 75 % of
eligible costs, up to a limit of $5,000,000 per emergency. The latter limit may be exceeded
if the president determines that continued emergency assistance is immediately required,
there is a continuing and immediate risk to lives, property, public health, and safety, and
necessary assistance will not otherwise be provided on a timely basis. 42 U.S.C. § 5193.
When that limitation is exceeded, the President must report to Congress on the nature and
extent of emergency assistance requirements and is to propose additional legislation if
necessary. Id.
16 42 U.S.C. § 5162, 44 C.F.R. § 206.45.
17 44 C.F.R. § 206.46(c).
18 44 C.F.R. § 206.46(d).
19 42 U.S.C. § 5189b.

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assistance under Section 403 of the Stafford Act, 42 U.S.C. § 5170b. These provide:
§ 5170a. General Federal assistance
In any major disaster, the President may —
(1) 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 assistance efforts;
(2) coordinate all disaster relief assistance (including voluntary assistance)
provided by Federal agencies, private organizations, and State and local
governments;
(3) provide technical and advisory assistance to affected State and local
governments for —
(A) the performance of essential community services;
(B) issuance of warnings of risks and hazards;
(C) public health and safety information, including dissemination of such
information;
(D) provision of health and safety measures; and
(E) management, control, and reduction of immediate threats to public
health and safety; and
(4) assist State and local governments in the distribution of medicine, food, and
other consumable supplies, and emergency assistance.
§ 5170b. Essential assistance
(a) In general
Federal agencies may on the direction of the President, provide assistance
essential to meeting immediate threats to life and property resulting from a major
disaster, as follows:
(1) Federal resources, generally
Utilizing, lending, or donating to State and local governments Federal
equipment, supplies, facilities, personnel, and other resources, other than
the extension of credit, for use or distribution by such governments in
accordance with the purposes of this chapter.
(2) Medicine, food, and other consumables
Distributing or rendering through State and local governments, the
American National Red Cross, the Salvation Army, the Mennonite Disaster
Service, and other relief and disaster assistance organizations medicine,
food, and other consumable supplies, and other services and assistance to
disaster victims.
(3) Work and services to save lives and protect property
Performing on public or private lands or waters any work or services
essential to saving lives and protecting and preserving property or public
health and safety, including —
(A) debris removal;
(B) search and rescue, emergency medical care, emergency mass care,
emergency shelter, and provision of food, water, medicine, and other
essential needs, including movement of supplies or persons;
(C) clearance of roads and construction of temporary bridges
necessary to the performance of emergency tasks and essential
community services;

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(D) provision of temporary facilities for schools and other essential
community services;
(E) demolition of unsafe structures which endanger the public;
(F) warning of further risks and hazards;
(G) dissemination of public information and assistance regarding
health and safety measures;
(H) provision of technical advice to State and local governments on
disaster management and control; and
(I) reduction of immediate threats to life, property, and public health
and safety.
(4) Contributions
Making contributions to State or local governments or owners or operators
of private nonprofit facilities for the purpose of carrying out the provisions
of this subsection.
(b) Federal share
The Federal share of assistance under this section shall be not less than 75
percent of the eligible cost of such assistance.
(c) Utilization of DOD resources
(1) General rule
During the immediate aftermath of an incident which may ultimately
qualify for assistance under this subchapter or subchapter IV-A of this
chapter, the Governor of the State in which such incident occurred may
request the President to direct the Secretary of Defense to utilize the
resources of the Department of Defense for the purpose of performing on
public and private lands any emergency work which is made necessary by
such incident and which is essential for the preservation of life and
property. If the President determines that such work is essential for the
preservation of life and property, the President shall grant such request to
the extent the President determines practicable. Such emergency work may
only be carried out for a period not to exceed 10 days.
(2) Rules applicable to debris removal
Any removal of debris and wreckage carried out under this subsection shall
be subject to section 5173(b) of this title, relating to unconditional
authorization and indemnification for debris removal.
(3) Expenditures out of disaster relief funds
The cost of any assistance provided pursuant to this subsection shall be
reimbursed out of funds made available to carry out this chapter.
(4) Federal share
The Federal share of assistance under this subsection shall be not less than
75 percent.
(5) Guidelines
Not later than 180 days after November 23, 1988, the President shall issue
guidelines for carrying out this subsection. Such guidelines shall consider
any likely effect assistance under this subsection will have on the
availability of other forms of assistance under this chapter.
(6) Definitions
For purposes of this section —
(A) Department of Defense
The term “Department of Defense” has the meaning the term
“department” has under section 101 of Title 10.
(B) Emergency work

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The term “emergency work” includes clearance and removal of debris
and wreckage and temporary restoration of essential public facilities
and services.20
20 The regulations pertinent to this section in 44 C.F.R. § 206.34 provide:
(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:
(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
(continued...)

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Types of Emergency Assistance Made Available by
a Declaration of Emergency
The declaration of an emergency by the President makes federal emergency
assistance available. The pertinent statutory provision, Section 502 of the Stafford
Act, 42 U.S.C. § 5192, States:
§ 5192. Federal emergency assistance
(a) Specified
In any emergency, the President may —
(1) 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;
(2) coordinate all disaster relief assistance (including voluntary assistance)
provided by Federal agencies, private organizations, and State and local
governments;
(3) provide technical and advisory assistance to affected State and local
governments for —
(A) the performance of essential community services;
(B) issuance of warnings of risks or hazards;
(C) public health and safety information, including dissemination of
such information;
(D) provision of health and safety measures; and
(E) management, control, and reduction of immediate threats to
public health and safety;
(4) provide emergency assistance through Federal agencies;
(5) remove debris in accordance with the terms and conditions of section
5173 of this title;
(6) provide assistance in accordance with section 5174 of this title; and
(7) assist State and local governments in the distribution of medicine, food,
and other consumable supplies, and emergency assistance.
20 (...continued)
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 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.

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(b) General
Whenever the Federal assistance provided under subsection (a) of this section
with respect to an emergency is inadequate, the President may also provide
assistance with respect to efforts to save lives, protect property and public health
and safety, and lessen or avert the threat of a catastrophe.
The Stafford Act includes specific provisions dealing with hazard mitigation, 42
U.S.C. § 5170c; repair, reconstruction, restoration, or replacement of United States
facilities, 42 U.S.C. § 5171; repair, reconstruction, restoration, or replacement of
damaged state, local, or private nonprofit facilities, 42 U.S.C. § 5172; debris
removal, 42 U.S.C. § 5173; federal assistance to individuals and households, 42
U.S.C. § 5174; unemployment assistance, 42 U.S.C. § 5177; emergency grants to
assist low-income migrant and seasonal farmworkers, 42 U.S.C. § 5177a; food
coupons and distribution, 42 U.S.C. § 5179; food commodities, 42 U.S.C. § 5180;
relocation assistance, 42 U.S.C. § 5181; legal services, 42 U.S.C. § 5182; crisis
counseling assistance and training, 42 U.S.C. § 5183; community disaster loans, 42
U.S.C. § 5184; emergency communications, 42 U.S.C. § 5185; emergency public
transportation, 42 U.S.C. § 5186; fire management assistance, 42 U.S.C. § 5187; and
timber sharing contracts, 42 U.S.C. § 5188.
The Stafford Act provides for appeals of assistance decisions within 60 days
after the date on which the applicant for assistance is notified of the award or denial
of award of the assistance. A decision on an appeal is to be made within 90 days of
the date the official designated to administer such appeals received notice of the
appeal.21
21 42 U.S.C. § 5189a.

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