Code of Federal Regulations Title 44. Emergency Management and Assistance § 44.206.37 Processing requests for declarations of a major disaster or emergency

(1) Major disaster recommendation. The recommendation will be based on a finding that the situation is or is not of such severity and magnitude as to be beyond the capabilities of the State and its local governments. It will also contain a determination of whether or not supplemental Federal assistance under the Stafford Act is necessary and appropriate. In developing a recommendation, FEMA will consider such factors as the amount and type of damages;  the impact of damages on affected individuals, the State, and local governments;  the available resources of the State and local governments, and other disaster relief organizations;  the extent and type of insurance in effect to cover losses;  assistance available from other Federal programs and other sources;  imminent threats to public health and safety;  recent disaster history in the State;  hazard mitigation measures taken by the State or local governments, especially implementation of measures required as a result of previous major disaster declarations;  and other factors pertinent to a given incident.

(2) Emergency recommendation. The recommendation will be based on a report which will indicate whether or not Federal emergency assistance under section 502 of the Stafford Act is necessary to supplement State and local efforts to save lives, protect property and public health and safety, or to lessen or avert the threat of a catastrophe. Only after it has been determined that all other resources and authorities available to meet the crisis are inadequate, and that assistance provided in section 502 of the Stafford Act would be appropriate, will FEMA recommend an emergency declaration to the President.