How a Disaster Gets Declared: FEMA Process Explained

TL;DR: Only the President can declare a federal emergency or major disaster under the Stafford Act, after a governor or tribal chief executive documents that state, local and tribal resources are overwhelmed.

Who Has Authority to Declare

All emergency and major disaster declarations are made solely at the discretion of the President of the United States, according to How a Disaster Gets Declared | FEMA.gov.

That authority operates through the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5207. The statute at §401 states in part that all requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State, as described by How a Disaster Gets Declared | FEMA.gov.

FEMA has codified the declaration process at 44 C.F.R. Part 206, Subpart B. The regulation in eCFR :: 44 CFR Part 206 Subpart B -- The Declaration Process explains the process leading to a Presidential declaration of a major disaster or an emergency and the actions triggered by such a declaration.

How FEMA Works | FEMA.gov states that FEMA coordinates the federal response to disasters that receive a Presidential disaster declaration and works closely with officials in states, Tribal Nations, and territories as they respond and make requests for federal support.

Who Can Ask the President for Help

A request starts at the state, territorial or tribal level, not with FEMA or with a county. The Governor of the affected State or the Tribal Chief Executive of the affected Tribe submits the request to the President through the appropriate FEMA Regional Office, according to How a Disaster Gets Declared | FEMA.gov.

The term State in the Stafford Act includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, according to How a Disaster Gets Declared | FEMA.gov. The Republic of Marshall Islands and the Federated States of Micronesia are also eligible to request a declaration and receive assistance through the Compacts of Free Association.

For preparedness planning, that means households and local groups should understand that federal help is requested government-to-government. Local government officials first review damage to determine the extent of the incident and its impact, and if the state, Tribal Nation, or territory determines it needs federal assistance, it submits a request for a federal disaster declaration, according to How FEMA Works | FEMA.gov.

How Tribal Requests Work

Federally recognized tribal governments have the option to request a presidential disaster declaration independent of a state, according to How a Disaster Gets Declared | FEMA.gov.

That option resulted from the Sandy Recovery Improvement Act. Before that change, the Governor-centered language controlled the process. FEMA has developed Tribal Declarations Pilot Guidance, which provides more detailed and specific guidance for Tribal requests, as described by How a Disaster Gets Declared | FEMA.gov.

In practice, a Tribal Chief Executive follows the same Regional Office path as a Governor. The request goes through the FEMA Regional Office to the President and must show that effective response is beyond the capabilities of the Indian tribal government and that supplemental federal assistance is necessary.

Step 1: The Preliminary Damage Assessment

If it is apparent that a Presidential disaster declaration may be necessary to assist in recovery of the impacted area, the State or Indian tribal government should contact their FEMA Regional Office and request a joint Federal, State/Tribal Preliminary Damage Assessment, according to How a Disaster Gets Declared | FEMA.gov.

Local government representatives should be included, if possible. Together, the team conducts an assessment of the impacted area to determine the extent of the disaster, its impact on individuals and public facilities, and the types of federal assistance that may be needed.

The eCFR :: 44 CFR Part 206 Subpart B -- The Declaration Process describes the Preliminary Damage Assessment process as a mechanism used to determine the impact and magnitude of damage and the resulting unmet needs of individuals, businesses, the public sector, and the community as a whole. Information collected is used by the State as a basis for the Governor's request, and by FEMA to document the recommendation made to the President in response to the Governor's request.

Under that regulation, damage assessment teams will be composed of at least one representative of the Federal Government and one representative of the State. A local government representative familiar with the extent and location of damage should also be included, if possible. Other State and Federal agencies and voluntary relief organizations may also be asked to participate, as needed.

FEMA directs households to think in those same categories during size-up. Document damage to residences, damage to public facilities and infrastructure, effects on businesses, and immediate unmet needs. That mirrors what assessors record for individuals, businesses, the public sector, and the community as a whole.

Step 2: Showing State and Tribal Resources Are Overwhelmed

Once the Preliminary Damage Assessment is complete and the State or Indian tribal government determines that damage exceeds its resources, the Governor or Tribal Chief Executive may submit a declaration request to the President through their FEMA Regional Office, according to How a Disaster Gets Declared | FEMA.gov.

As part of the request, the Governor or Tribal Chief Executive must take appropriate action under State or Tribal law and direct execution of the State or Tribal emergency plan. The request must furnish information on the nature and amount of State and local or Indian tribal government resources that have been or will be committed to alleviating results of the disaster.

The request also must provide an estimate of the amount and severity of damage and the impact on the private and public sectors, provide an estimate of the type and amount of assistance needed under the Stafford Act, and include certification that State and local or tribal obligations and expenditures will comply with applicable cost-sharing requirements.

The eCFR :: 44 CFR Part 206 Subpart B -- The Declaration Process defines commitment as certification by the Governor that the State and local governments will expend a reasonable amount of funds to alleviate effects of the major disaster or emergency, for which no Federal reimbursement will be requested. At the close of the assessment, FEMA consults with State officials to discuss findings and reconcile differences.

When Washington Moves Before the Paperwork Is Done

Generally, the Preliminary Damage Assessment is completed before submission of the Governor or Tribal Chief Executive's request for a major disaster declaration, according to How a Disaster Gets Declared | FEMA.gov.

When an obviously severe or catastrophic event occurs, however, the request may be submitted before completion of the assessment, as provided in 44 C.F.R. §206.36. In such circumstances the major disaster will generally be limited to Public Assistance Categories A and/or B, which may be further limited to Direct Federal Assistance, and Hazard Mitigation Assistance.

For high-impact events where the level of damage to residences is empirically overwhelming, the declaration may also include Individual Assistance. Additional forms of assistance may be added at a later date, pending completion of assessments.

The regulation in eCFR :: 44 CFR Part 206 Subpart B -- The Declaration Process allows waiver of the joint assessment for incidents of unusual severity and magnitude that do not require field damage assessments to determine need for supplemental Federal assistance, or in other instances determined by the Regional Administrator upon consultation with the State.

The Two Declaration Types Under the Stafford Act

There are two types of disaster declarations provided for in the Stafford Act: emergency declarations and major disaster declarations, according to How a Disaster Gets Declared | FEMA.gov. Both authorize the President to provide supplemental federal disaster assistance, but the events, scope and amount differ.

The President can declare an emergency for any occasion or instance when the President determines federal assistance is needed. Emergency declarations supplement State and local or Indian tribal government efforts in providing emergency services, such as protection of lives, property, public health, and safety, or to lessen or avert the threat of a catastrophe in any part of the United States.

The total amount of assistance provided for in a single emergency may not exceed $5 million. The President shall report to Congress if this amount is exceeded, according to How a Disaster Gets Declared | FEMA.gov.

How FEMA Works | FEMA.gov explains the companion category. The President can declare a major disaster for any event that has caused damage beyond the combined response capabilities of state and local governments. A major disaster declaration provides a wide range of federal assistance programs for individuals and public infrastructure, including funds for both emergency and permanent work.

Timelines, Forms and Incident Periods

The Governor of the affected State or Tribal Chief Executive of the affected Tribe must submit a request to the President through the appropriate Regional Administrator within 30 days of the occurrence of the incident for an emergency declaration, according to How a Disaster Gets Declared | FEMA.gov.

FEMA supports consistent submissions through Request For Presidential Disaster Declaration | FEMA.gov, which provides a form that includes statutory and regulatory requirements for declaration requests and is signed by the Governor or designee. Related products include a Tribal request cover letter template, guidance for completing FEMA Disaster Declaration Request Form 010-0-13, declaration process timelines, an event summary for a declaration request, a checklist for requesting a Presidential emergency or major disaster, and an overview on wildfires and declarations.

The eCFR :: 44 CFR Part 206 Subpart B -- The Declaration Process defines incident period as the time interval during which the disaster-causing incident occurs. No Federal assistance under the Act shall be approved unless the damage or hardship to be alleviated resulted from the disaster-causing incident which took place during the incident period or was in anticipation of that incident. The incident period is established by FEMA in the FEMA-State Agreement and published in the Federal Register.

That agreement is defined as a formal legal document stating the understandings, commitments, and binding conditions for assistance applicable as the result of the major disaster or emergency declared by the President.

What Assistance Can Follow a Declaration

A declaration does not itself repair homes or roads. It authorizes programs. Different disaster assistance programs are available for individual citizens and public groups, such as government agencies and private nonprofit organizations, according to How FEMA Works | FEMA.gov.

If residents live in an area designated for Individual Assistance under a major disaster declaration, they can apply for Individual Assistance for support during immediate response and afterward in recovery. There are many types of assistance programs available to help survivors after a disaster for needs like emergency sheltering, home repairs and hazard mitigation.

Residents apply through DisasterAssistance.gov to apply for disaster assistance, check status of an application, or obtain more information, according to How FEMA Works | FEMA.gov. Public infrastructure assistance operates separately through public programs that can fund emergency and permanent work.

For preparedness, keep records that map to those programs. Keep proof of residence, ownership or tenancy, insurance, damage photographs, receipts for emergency sheltering and repairs, and communications from local officials about designations. A designation matters because Individual Assistance is available only where the declaration designates it.