Disaster Declarations

This article discusses the issuance of disaster declarations by both the state government of Kansas and by the federal government. For more information on emergency powers, see article H-7 Kansas Emergency Management Act, available at http://www.kslegresearch.org/KLRD-web/Briefing-Book-2021.html.

State Declarations

KSA 48-924 provides “the Governor shall be responsible for meeting the dangers to the state and people presented by disasters.” Furthermore, “the Governor, upon finding that a disaster has occurred or that occurrence or the threat thereof is imminent, shall issue a proclamation declaring a state of disaster emergency.”

The justification for a proclamation is based on information provided in a local assessment to the Kansas Division of Emergency Management (KDEM) by local officials, as well as an apparent need to protect the lives and property of the citizens of the state. When the Governor issues a state disaster declaration, all state resources become available to assist local jurisdictions, and the Governor is provided with emergency powers necessary to deal with a disaster for a period of 15 days. An extension period of up to 30 days may be approved if needed. Limited direct assistance to local jurisdictions from area offices of state agencies may be available in the absence of a state disaster declaration.

Declarations expire 15 days from the date the Governor signs the proclamation, unless the Legislature ratifies an extension by concurrent resolution. KSA 48-924 also allows the Legislature to terminate a state disaster declaration by concurrent resolution. Since at least 1987, the period for which this information could be confirmed by KDEM, no state disaster declaration has been terminated by the Legislature.

According to records available from KDEM and the State Library of Kansas, 34 state of disaster emergency proclamations have been issued in Kansas since 1975. Aside from the two proclamations related to the COVID-19 pandemic and the Airosol Company, Inc., explosion that occurred in 2016, all proclamations have been issued pursuant to a natural event such as severe weather, tornado, flood, or fire.

Federal Declarations

Pursuant to the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C. §§ 5121-5207 §401, when a Governor believes state and local resources to be inadequate to respond to an emergency or disaster, the governor of a state (or tribal chief executive) may make a request for an emergency declaration, major disaster declaration, fire management assistance declaration, or any combination thereof, to receive assistance from the federal government. The President retains sole discretion over what declarations are made. Since 1955, presidential declarations have been issued for 79 disasters in Kansas.

Requesting a Declaration

When a state or tribal government believes a presidential disaster or emergency declaration may be necessary to assist in the recovery of an impacted area, the state or tribal government contacts the Federal Emergency Management Agency (FEMA) Regional Office to request a joint federal, state, or tribal Preliminary Damage Assessment (PDA). The PDA determines the extent of the disaster or emergency, its impact on individuals and public facilities, and the type of federal assistance that may be needed. This information is included in the request for a federal declaration to illustrate the magnitude and severity of the disaster or emergency.

Emergency Declarations

A federal emergency declaration, made to supplement state and local or tribal governments in providing emergency services or to lessen or avoid the threat of a catastrophe in any part of the United States, may not provide assistance in excess of $5.0 million.

The request must be made by the governor or tribal chief executive within 30 days of the incident giving rise to the declaration and must be based upon a finding that the situation is beyond the capability of the entity making the request, and supplemental federal assistance is necessary to save lives and protect property, public health, and safety, or to lessen or avert the threat of a disaster. In addition, the request must include the following:

• Confirmation the governor or tribal chief executive has taken appropriate action under state or tribal law and directed the execution of the state or tribal emergency plan;
• A description of the state, local, or tribal government efforts and resources utilized to alleviate the emergency;
• A description of other federal agency efforts and resources utilized in response to the emergency; and
• A description of the type and extent of additional federal assistance required.

When an emergency exists for which the primary responsibility rests with the federal government, the President may declare an emergency without a request from the governor or tribal chief executive.

Types of Assistance Available Under an Emergency Declaration

Public assistance includes assistance with debris removal and emergency protective measures for state, tribal, and local governments and certain private nonprofit organizations, on a 75 percent federal, 25 percent non-federal cost-sharing basis.

Individual assistance includes housing assistance not covered by insurance or provided by any other source in the form of a rental subsidy for temporary housing or direct temporary housing (100 percent federal share) and financial assistance for necessary expenses and serious needs (75 percent federal, 25 percent non-federal cost share) to individuals affected by an emergency. Authorization of this type of assistance is rare under an emergency declaration.

Major Disaster Declarations

The President can declare a major disaster for any natural event or, regardless of cause, any fire, flood, or explosion, of which the President determines the damage is of such severity it is beyond the combined capabilities of state and local governments to respond.

Unlike emergency declarations, major disaster declarations do not have a limitation on federal funding. Once the President declares a major disaster, public assistance funding becomes available with 75 percent federal and 25 percent non-federal matching funding. The non-federal funding has historically been split with local governments providing 15 percent and the State providing the remainder (10 percent). Depending on the estimated cost of the disaster, population, and property valuation, the federal match may be raised to 90 percent and up to 100 percent.

The request must be made by the governor or tribal chief executive within 30 days of the incident giving rise to the declaration and must be based upon a finding that the situation is beyond the capability of the entity making the request and supplemental federal assistance is necessary. In addition, the request must include the following:

• Confirmation the governor or tribal chief executive has taken appropriate action under state or tribal law and directed the execution of the state or tribal emergency plan;
• An estimate of the amount and severity of damage to the public and private sector;
• A description of the state, local, or tribal government efforts and resources utilized to alleviate the disaster;
• Preliminary estimates of the type and amount of Stafford Act assistance needed; and
• Certification by the governor or tribal chief executive that the state, local, or tribal government will comply with all applicable cost sharing requirements.

Types of Assistance Available Under a Major Disaster Declaration

Public assistance includes assistance to state, tribal, or local governments and certain private nonprofit organizations for emergency work and repair or replacement of damaged facilities, debris removal, and emergency protective measures.

Individual assistance includes housing and financial assistance, crisis counseling, case management, unemployment assistance, legal services, and Supplemental Nutrition Assistance Program (SNAP) benefits to individuals affected by a disaster.

Hazard mitigation assistance includes assistance to state, tribal, and local governments and certain private nonprofit organizations for actions taken to prevent or reduce long-term risk to life and property from natural hazards.

Additional factors are considered by FEMA while evaluating requests for major disaster declarations, including:

• Estimated cost of the assistance on a per capita basis;
• Localized impacts at the county, local, or tribal government levels in cases of concentrated damages when the per capita cost does not meet an appropriate threshold;
• Insurance coverage in effect or that should have been in effect as required by law and regulation at the time of the disaster;
• Extent to which mitigation measures contributed to the reduction of damages;
• Disaster history within the last 12-month period, including those declared by the governor or chief tribal executive and to what extent they have expended their own funds; and
• Other federal agency assistance programs when they more appropriately meet the needs created by the disaster.

Fire Management Assistance Declarations

A state, tribe, or locality may make a request for a fire management assistance declaration for the mitigation, management, and control of fires on publicly or privately owned forests or grasslands if the potential fire destruction would constitute a major disaster. The federal Fire Management Assistance Grant Program, a part of the Stafford Act, provides a 75 percent federal cost share and the state, tribe, or locality pays the remaining 25 percent of the costs.

For more information on state, emergency, major disaster, and fire management assistance declarations that have been issued in Kansas, see the tables attached to the “Emergency and Disaster Declarations in Kansas” memorandum (http://www.kslegislature.org/li/b2019_20/committees/ctte_spc_2020_ks_emerg_manage_act_1/documents/testimony/20200922_01.pdf) submitted to the Special Committee on Kansas Emergency Management Act.