§5191 Procedure for declaration

Summary

Requires a Governor of an affected State to ask the President to declare an emergency when the situation is too big for the State and local governments to handle and federal help is needed. The Governor must act under State law, put the State emergency plan into motion, and tell the President what State and local actions and resources are being used and what kind of federal help is needed. The President may then declare an emergency. The President can also act without a Governor’s request when the United States has primary responsibility under the Constitution or laws (see sections 5192 and 5193) and should consult the Governor if possible. The chief executive of an affected Indian tribal government may make the same kind of request, and when the President provides aid for such a tribal request, references to a State or Governor in this law are treated as referring to the tribal government or its chief executive. Tribes can also receive help through a State’s request if the President does not declare under the tribal request.