Only the president can declare an event an emergency or a major disaster. The governor of the state in which a major event has occurred determines whether or not the state has the resources to handle the disaster. If that governor decides the state does not have the ability to handle the response, he or she must then ask the president for help and inform the president of the resources the state is able to commit.
The president then decides whether to declare a major disaster and directs the assistance. A similar process takes place for emergencies. This top-down approach often does not include the perspective of people living in the disaster-affected area. In the wake of a federally-declared disaster, the federal government provides assistance to state and local governments.
Assistance includes food, shelter, financial assistance and the repair of physical damage resulting from a disaster. FEMA will pay up to 90 percent to state and local governments for debris removal, emergency protective measures, roads and bridges, water control facilities, buildings and equipment and utilities. The president instructs federal agencies to provide states disaster preparedness and mitigation assistance.
Federal agencies provide technical assistance to states to help them prepare for disasters and administer grants for the purpose of creating or updating emergency plans. However, state and local governments often lack the capacity and planning resources necessary for effective mitigation. Donors can employ the following strategies to complement existing federal assistance programs: Support recovery.
In order to increase the effectiveness of long-term recovery, the shortcomings of the Stafford Act must be addressed. Natural Resources Defense Council Skidmore v.
Humphrey's Executor v. Volpe More court cases. Abbott Laboratories v. Schechter Poultry Corp. Hampton Jr. Western Pacific Railroad Co. United States. Sunstein Federalist No. Epstein Office of Management and Budget. Voter information What's on my ballot? Where do I vote?
How do I register to vote? Responders deployed through the EMAC may be covered by state liability protections. The aid triggered by a Stafford Act declaration provides states and localities with financial, technical, and logistical support during emergency events that overwhelm their capacity to respond. The Stafford Act and its implementing rules, policies, and guidances create a highly structured system through which states seek assistance. The National Response Framework and the National Incident Management System further define roles of federal, state, and local governments and other sectors in responding to events of various sizes, not just those severe enough to qualify for coverage under the Stafford Act.
Note: This document was compiled from June—December and reviewed May ; it reflects the laws and programs current then. It reflects only portions of the laws relevant to public health emergencies and is not intended to be exhaustive of all relevant legal authority. This resource is for informational purposes only and is not intended as a substitute for professional legal or other advice. Emergency Authority and Immunity Toolkit. Print Robert T. What the Law Does The Stafford Act authorizes the delivery of federal technical, financial, logistical, and other assistance to states and localities during declared major disasters or emergencies.
Eligible applicants are state and local governments, tribes, and certain private nonprofit entities that provide services of a governmental nature. Eligible work is disaster recovery work performed on an eligible facility that is needed as the result of a major disaster event, located within a designated disaster area, and the legal responsibility of an eligible applicant.
Two general types of work are recognized by the Stafford Act: Emergency work is assistance to meet immediate threats to life and property, such as debris removal, and emergency protective measures, such as search, rescue, evacuation, emergency medical care, food, water, and shelter. Permanent work activities include repair, restoration, and replacement of damaged facilities owned by states, localities, tribes, and eligible private nonprofits.
Eligible costs are those reasonable costs that can be directly tied to the performance of eligible work and comply with governmental procurement requirements.
Costs are reduced by all applicable credits, such as insurance proceeds and salvage values. How the Law Affects States The aid triggered by a Stafford Act declaration provides states and localities with financial, technical, and logistical support during emergency events that overwhelm their capacity to respond.
Practice Notes Understand how public health and other emergencies or disasters are legally defined in your state. Sources and Notes Robert T.
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