How a Disaster Gets Declared

A disaster declaration in the United States is a structured process guided by federal laws. The President holds the authority to issue both emergency and major disaster declarations. This process is based on the Stafford Act, which sets the rules and steps that states, territories, tribes, and other governments must follow. Each request for assistance must prove that local and state resources are not enough to manage the disaster, and federal help is necessary.

Initial Steps Before a Disaster Declaration

• Damage Assessment: A joint Preliminary Damage Assessment (PDA) is done by local, state, tribal, and FEMA officials.
• Information Collected
  • Extent of damage
  • Impact on people and facilities
  • Estimated cost of recovery
  • Type of help needed from the federal government
• Need for Federal Help: The Governor or Tribal Chief Executive uses this information to show that the disaster is too severe for local resources.

Request for Disaster Declaration

• Who Can Request
  • Governors of states and U.S. territories
  • Tribal Chief Executives (under the Sandy Recovery Improvement Act)
• Where Requests Go
  • Requests are sent through FEMA’s Regional Office
  • Must be made within 30 days of the disaster
• Request Must Include
  • Action taken under local or tribal law
  • Confirmation that emergency plans were followed
  • Details on how local resources were used
  • Estimated damages and costs
  • Type of federal help needed
  • Cost-sharing commitment

Types of Disaster Declarations

Emergency Declarations

• Definition: Given when federal help is needed to save lives or reduce the threat of a catastrophe.
• Limit: Cannot exceed $5 million unless the President reports to Congress.
• Help Available
  • Public Assistance (Categories A & B)
    • A: Debris removal
    • B: Emergency protective measures
  • Individual Assistance (rare)
    • Housing at 100% federal share
    • Other needs at 75% federal, 25% non-federal
  • Hazard Mitigation Grant Program (Not Available)
• Request Requirements
  • Must be submitted within 30 days
  • Must confirm that state/tribal actions were taken
  • Must describe other federal agency efforts
  • Must explain specific federal needs

Pre-Disaster Emergency Declarations

• When Used: Before a disaster strikes, if the situation is expected to exceed state or tribal capabilities
• What’s Required
  • Details of emergency needs
  • Evidence that the local response won’t be enough
  • Requests limited to emergency protective measures (Category B)

Emergency Declarations with Federal Primary Responsibility

• Definition: The President can declare an emergency without a request if the federal government is mainly responsible.
• State/Tribe Role: They may still request additional disaster assistance later.

Major Disaster Declarations

• When Used: For severe natural events like hurricanes, floods, earthquakes, or fires that cause major damage.
• Help Provided
  • Individual Assistance
  • Public Assistance (Categories A-G)
  • Hazard Mitigation Assistance
• Categories of Public Assistance

Category	Type of Assistance
A	Debris Removal
B	Emergency Protective Measures
C	Roads and Bridges
D	Water Control Facilities
E	Buildings and Equipment
F	Utilities
G	Parks, Recreational, and Other Facilities

Factors FEMA Considers for Major Disaster Declarations

Public Assistance Evaluation

Factor	Description
Estimated Cost	FEMA checks per capita cost compared to the national threshold.
Localized Impacts	FEMA reviews damage in specific areas (counties, tribes).
Insurance Coverage	Assistance is reduced by available insurance amounts.
Hazard Mitigation	Credit is given for efforts that reduced damage.
Recent Disasters	FEMA checks if the area had recent events and spent local funds.
Other Federal Programs	FEMA checks if other agencies can better handle the situation.

Individual Assistance Evaluation

Factor	Description
State’s Fiscal Capacity	Can the state afford to help on its own?
Uninsured Property Losses	The amount of loss not covered by insurance.
Community Profile	Impact on vulnerable groups and housing.
Infrastructure Damage	Damage to public services and systems.
Casualties	Number of injuries and deaths.
Job Losses	The number of people unemployed due to the disaster.

Post Declaration Steps

Add-ons

• What They Are: Additional counties or programs can be added within 30 days of the declaration or the end of the event.
• Who Can Request: Governor, Governor’s Authorized Representative (GAR), or Tribal Chief Executive.

Cost Share Adjustments

Federal Share Increase	Condition
Up to 90%	If a disaster is extraordinary and federal costs exceed the required amount

Appeals

Type	Deadline	Details
Denial of Request	Within 30 days	Additional info must be submitted to justify the need
Post-Declaration Denial	Within 30 days	Appeal for adding programs or counties; FEMA may extend the deadline

FEMA’s Other Declaration Type

Fire Management Assistance Grant (FMAG): This is a special declaration type managed by FEMA for wildfires. It follows a different process from emergency and major disaster declarations.

Key Takeaways

A disaster declaration is a step-by-step legal process to bring federal aid to areas in need. Whether the emergency is sudden or anticipated, the Governor or Tribal Chief Executive must prove that state or tribal resources are not enough. FEMA carefully examines each request and evaluates needs before recommending action to the President. Understanding this process helps communities prepare better and know when and how help can arrive.