The Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5207
(the Stafford Act) §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." A state also
includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands. The Marshall Islands and the Federated
States of Micronesia are also eligible to request a declaration and receive assistance.
Preliminary Disaster Assessment
The governor's request is made through the applicable FEMA Regional Office. State and
federal officials conduct a joint federal, state, and local Preliminary Damage Assessment (PDA)
to determine the extent of the disaster and its impact on individuals and public facilities. This
information is included in the governor's request to show that the disaster is of such severity
and magnitude that effective response is beyond the capabilities of the state and the local
governments and that supplemental federal assistance is necessary. Normally, the PDA is
completed prior to the submission of the governor's request. However, when an obviously
severe or catastrophic event occurs, the governor's request may be submitted prior to the PDA.
State Resources Overwhelmed
As part of the request, the Governor must take appropriate 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 that have been or will be committed to alleviating the
results of the disaster, provide an estimate of the amount and severity of damage and the
impact on the private and public sectors, and provide an estimate of the type and amount of
assistance needed under the Stafford Act.
In addition, the Governor must 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.
Declaration Types
There are two types of disaster declarations provided for in the Stafford Act: Emergency
Declarations and Major Disaster Declarations. Both declaration types authorize the President
to provide supplemental federal disaster assistance. However, the event related to the disaster
declaration and type and amount of assistance differ.
Fact Sheet
DISASTER DECLARATION PROCESS
2
Federal Emergency Management Agency
• Emergency Declarations: An Emergency Declaration can be declared for any occasion
or instance when the President determines federal assistance is needed. Emergency
Declarations supplement State and local efforts in providing emergency services, such
as the 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 a single emergency may not exceed $5 million. If this amount is exceeded,
the President shall report to Congress.
• Major Declaration: The President can declare a Major Disaster Declaration for any
natural event, including any hurricane, tornado, storm, high water, wind-driven water,
tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or
drought, or, regardless of cause, fire, flood, or explosion, that the President believes has
caused damage of such severity that it is beyond the combined capabilities of state and
local governments to respond. 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.
Assistance Available for Major Declarations
Not all programs, however, are activated for every disaster. The determination of which
programs are authorized is based the types of assistance specified in the governor’s request
and on the needs identified during joint PDA and any subsequent PDAs. FEMA disaster
assistance programs are as follows:
• Individual Assistance - Assistance to individuals and households;
• Public Assistance - Assistance to state and local governments and certain private
nonprofit organizations for emergency work and the repair or replacement of disaster-
damaged facilities; and
• Hazard Mitigation Assistance – Assistance to state and local governments and certain
private nonprofit organizations for actions taken to prevent or reduce long term risk to life
and property from natural hazards.
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“FEMA’s mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain,
and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.”
May 2011
