44 CFR Part 206.2

§ 206.1

44 CFR Ch. I (10–1–11 Edition)

6 U.S.C. 101; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376; E.O. 12148, 44 FR 43239, 3
CFR, 1979 Comp., p. 412; and E.O. 13286, 68 FR
10619, 3 CFR, 2003 Comp., p. 166.
SOURCE: 54 FR 11615, Mar. 21, 1989, unless
otherwise noted.

Subpart A—General
SOURCE: 55 FR 2288, Jan. 23, 1990, unless
otherwise noted.

§ 206.1

Purpose.

(a) Purpose. The purpose of this subpart is to prescribe the policies and
procedures to be followed in implementing those sections of Public Law
93–288, as amended, delegated to the
Administrator,
Federal
Emergency
Management Agency (FEMA). The
rules in this subpart apply to major
disasters and emergencies declared by
the President on or after November 23,
1988, the date of enactment of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C.
5121 et seq.
(b) Prior regulations. Prior regulations
relating to major disasters and emergencies declared by the President before November 23, 1988 were published
in 44 CFR part 205 (see 44 CFR part 205
as contained in the CFR edition revised
as of October 1, 1994).
[59 FR 53363, Oct. 24, 1994]

§ 206.2

Definitions.

(a) General. The following definitions
have general applicability throughout
this part:
(1) The Stafford Act: The Robert T.
Stafford Disaster Relief and Emergency Assistance Act, Public Law 93–
288, as amended.
(2) Applicant: Individuals, families,
States and local governments, or private nonprofit organizations who apply
for assistance as a result of a declaration of a major disaster or emergency.
(3) [Reserved]
(4) Concurrent, multiple major disasters:
In considering a request for an advance, the term concurrent multiple
major disasters means major disasters
which occur within a 12-month period
immediately preceding the major disaster for which an advance of the non-

Federal share is requested pursuant to
section 319 of the Stafford Act.
(5) Contractor: Any individual, partnership, corporation, agency, or other
entity (other than an organization engaged in the business of insurance) performing work by contract for the Federal Government or a State or local
agency.
(6) Designated area: Any emergency or
major disaster-affected portion of a
State which has been determined eligible for Federal assistance.
(7) Administrator: The Administrator,
FEMA.
(8) Disaster Recovery Manager (DRM):
The person appointed to exercise the
authority of a Regional Administrator
for a particular emergency or major
disaster.
(9) Emergency: Any occasion or instance for which, in the determination
of the President, Federal assistance is
needed to supplement State and local
efforts and capabilities to save lives
and to protect property and public
health and safety, or to lessen or avert
the threat of a catastrophe in any part
of the United States.
(10) Federal agency: Any department,
independent establishment, Government corporation, or other agency of
the executive branch of the Federal
Government, including the United
States Postal Service, but shall not include the American National Red
Cross.
(11)
Federal
Coordinating
Officer
(FCO): The person appointed by the Administrator, or in his absence, the Deputy Director, to coordinate Federal assistance in an emergency or a major
disaster.
(12) Governor: The chief executive of
any State or the Acting Governor.
(13) Governor’s Authorized Representative (GAR): The person empowered by
the Governor to execute, on behalf of
the State, all necessary documents for
disaster assistance.
(14) Hazard mitigation: Any cost effective measure which will reduce the potential for damage to a facility from a
disaster event.
(15) Individual assistance: Supplementary Federal assistance provided
under the Stafford Act to individuals
and families adversely affected by a
major disaster or an emergency. Such

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Federal Emergency Management Agency, DHS
assistance may be provided directly by
the Federal Government or through
State or local governments or disaster
relief organizations. For further information, see subparts D, E, and F of
these regulations.
(16) Local government:
(i) A county, municipality, city,
town, township, local public authority,
school district, special district, intrastate district, council of governments
(regardless of whether the council of
governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity,
or agency or instrumentality of a local
government;
(ii) An Indian tribe or authorized
tribal organization, or Alaska Native
village or organization; and
(iii) A rural community, unincorporated town or village, or other public
entity, for which an application for assistance is made by a State or political
subdivision of a State.
(17) Major disaster: Any natural catastrophe (including any hurricane, tornado, storm, high water, winddriven
water, tidal wave, tsunami, earthquake, volcanic eruption, landslide,
mudslide, snowstorm, or drought), or,
regardless of cause, any fire, flood, or
explosion, in any part of the United
States, which in the determination of
the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under
this Act to supplement the efforts and
available resources of States, local
governments, and disaster relief organizations in alleviating the damage,
loss, hardship, or suffering caused
thereby.
(18) Mission assignment: Work order
issued to a Federal agency by the Regional Administrator, Assistant Administrator for the Disaster Operations
Directorate, or Administrator, directing completion by that agency of a
specified task and citing funding, other
managerial controls, and guidance.
(19) Private nonprofit organization:
Any nongovernmental agency or entity
that currently has:
(i) An effective ruling letter from the
U.S. Internal Revenue Service granting
tax exemption under section 501 (c), (d),
or (e) of the Internal Revenue Code of
1954; or

§ 206.2

(ii) Satisfactory evidence from the
State that the organization or entity is
a nonprofit one organized or doing
business under State law.
(20) Public Assistance: Supplementary
Federal assistance provided under the
Stafford Act to State and local governments or certain private, nonprofit organizations other than assistance for
the direct benefit of individuals and
families. For further information, see
subparts G and H of this part. Fire
Management Assistance Grants under
section 420 of the Stafford Act are also
considered Public Assistance. See subpart K of this part and part 204 of this
chapter.
(21) Regional Administrator: An administrator of a regional office of FEMA,
or his/her designated representative. As
used in these regulations, Regional Administrator also means the Disaster
Recovery Manager who has been appointed to exercise the authority of the
Regional Administrator for a particular emergency or major disaster.
(22) State: Any State of the United
States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana Islands.
(23) State Coordinating Officer (SCO):
The person appointed by the Governor
to act in cooperation with the Federal
Coordinating Officer to administer disaster recovery efforts.
(24) State emergency plan: As used in
section 401 or section 501 of the Stafford Act means that State plan which
is designated specifically for Statelevel response to emergencies or major
disasters and which sets forth actions
to be taken by the State and local governments, including those for implementing Federal disaster assistance.
(25) Temporary housing: Temporary
accommodations provided by the Federal Government to individuals or families whose homes are made unlivable
by an emergency or a major disaster.
(26) United States: The 50 States, the
District of Columbia, Puerto Rico, the
Virgin
Islands,
Guam,
American
Samoa, and the Commonwealth of the
Northern Mariana Islands.
(27) Voluntary organization: Any chartered or otherwise duly recognized tax-

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§ 206.3

44 CFR Ch. I (10–1–11 Edition)

exempt local, State, or national organization or group which has provided
or may provide needed services to the
States, local governments, or individuals in coping with an emergency or a
major disaster.
(b) Additional definitions. Definitions
which apply to individual subparts are
found in those subparts.
[54 FR 11615, Mar. 21, 1989, as amended at 63
FR 17110, Apr. 8, 1998; 66 FR 57352, 57353, Nov.
14, 2001; 69 FR 24083, May 3, 2004; 74 FR 15346,
Apr. 3, 2009]

§ 206.3

Policy.

It is the policy of FEMA to provide
an orderly and continuing means of assistance by the Federal Government to
State and local governments in carrying out their responsibilities to alleviate the suffering and damage that
result from major disasters and emergencies by:
(a) Providing Federal assistance programs for public and private losses and
needs sustained in disasters;
(b) Encouraging the development of
comprehensive disaster preparedness
and assistance plans, programs, capabilities, and organizations by the
States and local governments;
(c) Achieving greater coordination
and responsiveness of disaster preparedness and relief programs;
(d) Encouraging individuals, States,
and local governments to obtain insurance coverage and thereby reduce their
dependence on governmental assistance; and
(e) Encouraging hazard mitigation
measures, such as development of landuse and construction regulations,
floodplain management, protection of
wetlands, and environmental planning,
to reduce losses from disasters.
§ 206.4

State emergency plans.

The State shall set forth in its emergency plan all responsibilities and actions specified in the Stafford Act and
these regulations that are required of
the State and its political subdivisions
to prepare for and respond to major
disasters and emergencies and to facilitate the delivery of Federal disaster assistance. Although not mandatory,
prior to the adoption of the final plan,
the State is encouraged to circulate

the plan to local governments for review and comment.
[55 FR 2288, Jan. 23, 1990, 55 FR 5458, Feb. 15,
1990]

§ 206.5 Assistance by other Federal
agencies.
(a) In any declared major disaster,
the Administrator, Assistant Administrator for the Disaster Operations Directorate, or the Regional Administrator may direct any Federal agency
to utilize its authorities and the resources granted to it under Federal law
(including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) to support
State and local assistance efforts.
(b) In any declared emergency, the
Administrator,
Assistant
Administrator for the Disaster Operations Directorate, or the Regional Administrator may direct any Federal agency
to utilize its authorities and the resources granted to it under Federal law
(including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) to support
emergency efforts by State and local
governments to save lives; protect
property, public health and safety; and
lessen or avert the threat of a catastrophe.
(c) In any declared major disaster or
emergency, the Administrator, Assistant Administrator for the Disaster Operations Directorate, or the Regional
Administrator may direct any Federal
agency to provide emergency assistance necessary to save lives and to protect property, public health, and safety
by:
(1) Utilizing, lending, or donating to
State and local governments Federal
equipment, supplies, facilities, personnel, and other resources, other than
the extension of credit, for use or distribution by such governments in accordance with the purposes of this Act;
(2) Distributing medicine, food, and
other consumable supplies; or
(3) Performing work or services to
provide emergency assistance authorized in the Stafford Act.
(d) Disaster assistance by other Federal agencies is subject to the coordination of the FCO. Federal agencies
shall provide any reports or information about disaster assistance rendered

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