C.F.R. » Title 44 » CHAPTER I—FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER D—DISASTER ASSISTANCE › PART 206—FEDERAL DISASTER ASSISTANCE › Subpart B—The Declaration Process

44 C.F.R. § 206.38

Presidential determination

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(a) The Governor's request for a major disaster declaration may result in either a Presidential declaration of a major disaster or an emergency, or denial of the Governor's request.

(b) The Governor's request for an emergency declaration may result only in a Presidential declaration of an emergency, or denial of the Governor's request.

[55 FR 2292, Jan. 23, 1990; 55 FR 5458, Feb. 15, 1990]
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2009–2021 · leading case: St. Tammany Parish Ex Rel. Davis v. Federal Emergency Management Agency
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St. Tammany Parish Ex Rel. Davis v. Federal Emergency Management Agency (2009) ca5 “§ 5122 (2) (defining major disaster by reference to presidential determination); see also 44 C.F.R. § 206.38 (a) (“The Governor’s request for a major disaster declaration may result in either a Presidential declaration of a major disaster or an emergency, or denial of the…”
MALECHE v. Solis (2010) txsd “”); and 44 C.F.R. § 206.38 (a) (“The Governor’s request for a major disaster declaration may result in either a Presidential declaration of a major disaster or an emergency, or denial of the Governor’s request.”
Grace v. State of Kentucky, Office of the Attorney General (2021) kywd “44 C.F.R. §§ 206.38 . The governor’s request for an emergency or emergency disaster declaration must include an explanation of the type and amount or extent of federal assistance requested.”
St Tammany Parish v. Fed Emer Mgmt Agency (2009) ca5 “§ 5122 (2) (defining major disaster by reference to presidential determination); see also 44 C.F.R. § 206.38 (a) (“The Governor’s request for a major disaster declaration may result in either a Presidential declaration of a major disaster or an emergency, or denial of the…”
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