Stafford Act 05
Stafford Act 05 : "Federal support to State and local jurisdictions takes many forms. The most widely known authority under which assistance is provided for major incidents is the Stafford Act. When it is clear that State or tribal capabilities will be exceeded or may be exhausted, the Governor can request Federal assistance under the Stafford Act. The Stafford Act authorizes the President to provide financial and other forms of assistance to State and local governments, certain private nonprofit organizations and individuals to support response, recovery and mitigation efforts following Presidentially-declared major disasters and emergencies. Most incidents are not of sufficient magnitude to merit a Presidential emergency or major disaster declaration. However, when State and local resources are insufficient, a Governor may ask the President to declare a Federal disaster or emergency. Before making a declaration request, the Governor normally must activate the State's emergency plan and ensure that all appropriate State and local actions have been taken, including: Surveying the affected areas to determine the extent of private and public damage. Conducting joint Preliminary Damage Assessments with DHS/FEMA officials to estimate the types and extent of Federal disaster assistance required. Only the Governor can initiate a request for a Presidential emergency or major disaster declaration. This request is made through the DHS/FEMA Regional Administrator and is based on a finding that Federal assistance is needed because the situation exceeds State and local response capabilities due to its severity and magnitude. The request includes: Information on the extent and nature of State resources that have been or will be used to address the consequences of the disaster. A certification by the Governor that State and local governments will assume all applicable non-Federal costs required by the Stafford Act. An estimate of the types and amounts of supplementary Federal assistance required. Designation of the State Coordinating Officer. The Governor addresses the request to the President and forwards it to the DHS/FEMA Regional Administrator, who makes a recommendation to the DHS/FEMA Administrator. The DHS/FEMA Administrator then recommends a course of action to the President. The Governor, appropriate members of Congress and Federal agencies are immediately notified of a Presidential declaration. Federal support to States under the Stafford Act is coordinated by DHS". (DHS, NRF -- Federal Partner Guide (Comment Draft), September 10, 2007, p. 19)
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