Article 19: STAFFORD ACT DECLARATION PROCESS

(Category: costs-eligilbilty)

Article Summary

All emergency and major disaster declarations are made solely at the discretion of the President of the United States. Under Section 401 of the Stafford Act, the request process must be initiated by the Governor of an affected State (or a Tribal Chief Executive, following the Sandy Recovery Improvement Act). The process begins with a joint Federal-State-Local Preliminary Damage Assessment (PDA) to gather field data on the disaster's localized impact. This data must show that the required response is beyond the combined capabilities of the State and local governments and that supplemental federal assistance is required.

The Stafford Act provides for two primary declaration types:

• Emergency Declarations: Declared for instances where immediate federal support is needed to save lives and protect public safety. These are capped at $5 million per single event (unless Congress is formally notified otherwise). Assistance is limited to Category A (Debris Removal) and Category B (Emergency Protective Measures), frequently restricted to Direct Federal Assistance. Permanent Work (Categories C–G) is completely unavailable.
• Major Disaster Declarations: Declared for catastrophic natural events or major fires/explosions regardless of cause. These open up a wider array of programs, including Individual Assistance for residents, Hazard Mitigation funding, and the full range of Public Assistance (Categories A through G) for repairing or replacing public infrastructure.

The Governor or Tribal Chief Executive must request specific programs and counties within 30 days of the incident, though they can request program "add-ons" or appeal a declaration denial within 30 days of notification.

Five Key Takeaways for CTA FEMA Compliance

1. Respect the 30-Day Request and Appeal Windows: Track declaration timelines tightly; any request for a disaster declaration, an add-on county, or an appeal of a denial must be submitted within 30 days of the incident or notification letter.
2. Omit Categories C–G under Emergency Declarations: Never attempt to claim permanent structural repairs (Categories C through G) if the President has only authorized an Emergency Declaration, as these funds are legally restricted to Categories A and B.
3. Participate Actively in the Joint Field PDA: Ensure local representatives embed with the joint PDA team to accurately assign and document all local public infrastructure damages to your specific county, creating the baseline for grant formulation.
4. Certify Legal Cost-Sharing Capabilities Upfront: Be prepared to provide a formal certification via the Governor or Tribal Executive stating that your local jurisdiction has the legal and financial capability to satisfy required cost-sharing splits.
5. Request Post-Declaration Cost-Share Adjustments if Thresholds Are Met: If the catastrophe is extraordinary, monitor federal outlays against qualifying state thresholds; if met, request that the President adjust the Public Assistance cost-share up to a 90% federal reflection.

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