	The Declaration Process

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, 42U.S.C. Â§ 5121 et seq. Procedure fordeclaration
All requests for a declaration by the President that amajor disaster exists shall be made by the Governor of the affected State. (14) 
Once a declaration of an emergency or a major disaster is made by the President, the Directorof FEMA, or, in his absence the Deputy Director or the Director, Recovery Division, must appointa Federal Coordinating Officer (FCO) who shall immediately initiate action to assure that federalassistance is provided in accordance with the declaration, applicable laws and regulations, and theFEMA-state agreement entered into pursuant to 44 C.F.R. Â§206.44. (16) 
If the Governor so requests, the Director of the Recovery Division of FEMA (17) may lend or advance to thestate, either for its own use or for the use of public or private nonprofit applicants for disasterassistance under the Stafford Act, the portion of assistance for which the state or other eligibledisaster assistance applicant is responsible under the cost-sharing provisions (18) in any case in which:
(1) The State or other eligible disaster assistanceapplicant is unable to assume their financial responsibility under such cost sharing provisions:
(i) As a resultof concurrent,multiple majordisasters in ajurisdiction, or
(ii) Afterincurringextraordinarycosts as aresult of aparticulardisaster;
(2) The damagescaused by such disasters or disaster are so overwhelming and severe that it is not possible for theState or other eligible disaster assistance applicant to immediately assume their financialresponsibility under the Act; and
(3) The State and theother eligible disaster applicants are not delinquent in payment of any debts to FEMA incurred asa result of Presidentially declared major disasters or emergencies. Â§ 5187; and timber sharingcontracts, 42 U.S.C. Â§ 5188.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, P.L. 93-288 , asamended, 42 U.S.C. Â§Â§ 5121-5206, and implementing regulations in 44 C.F.R. Â§Â§ 206.31-206.48,provide the statutory framework for a Presidential declaration of an emergency or a declaration ofa major disaster. Such declarations open the way for a wide range of federal resources to be madeavailable to assist in dealing with the emergency or major disaster involved. The Stafford Actstructure for the declaration process reflects the fact that federal resources under this act supplementstate and local resources for disaster relief and recovery. Except in the case of an emergencyinvolving a subject area that is exclusively or preeminently in the federal purview, the Governor ofan affected state, or Acting Governor if the Governor is not available, must request such adeclaration by the President. This report will review the statutory and regulatory requirementsapplicable to the affected state seeking the declaration and to the Presidential declaration, and willnote the different types of resources that may be made available in the response to the two types ofdeclarations. This report will updated as needed.