42 U.S.C. § 5191 : US Code - Section 5191: Procedure for declaration

Search 42 U.S.C. § 5191 : US Code - Section 5191: Procedure for declaration

(a) Request and declaration
All requests for a declaration by the President that an emergency
exists shall be made by the Governor of the affected State. Such a
request shall be based on a finding that the situation is of such
severity and magnitude that effective response is beyond the
capabilities of the State and the affected local governments and
that Federal assistance is necessary. As a part of such request,
and as a prerequisite to emergency assistance under this chapter,
the Governor shall take appropriate action under State law and
direct execution of the State's emergency plan. The Governor shall
furnish information describing the State and local efforts and
resources which have been or will be used to alleviate the
emergency, and will define the type and extent of Federal aid
required. Based upon such Governor's request, the President may
declare that an emergency exists.
(b) Certain emergencies involving Federal primary responsibility
The President may exercise any authority vested in him by section
5192 of this title or section 5193 of this title with respect to an
emergency when he determines that an emergency exists for which the
primary responsibility for response rests with the United States
because the emergency involves a subject area for which, under the
Constitution or laws of the United States, the United States
exercises exclusive or preeminent responsibility and authority. In
determining whether or not such an emergency exists, the President
shall consult the Governor of any affected State, if practicable.
The President's determination may be made without regard to
subsection (a) of this section.