Emergency Declaration Guidelines for Elected and Appointed Officials

Emergency Declaration Guidelines for Elected and Appointed Officials i

Oregon Department of Emergency Management

CONTACTS

24-hour call center service provided by Oregon Emergency Response System (OERS)

Phone: 1-800-452-0311 or 503-378-6377

For additional information, contact Oregon Department of Emergency Management:

Public Affairs

[email protected]

Phone: 503-378-2911

Fax: 503-373-7833

Emergency Declaration Guidelines for Elected and Appointed Officials ii

Oregon Department of Emergency Management

MEMORANDUM

DATE: April 2024

TO: Elected and Appointed Officials

FROM: Erin McMahon, Oregon Department of Emergency Management Director

RE: Emergency Declaration Guidelines

The Oregon Department of Emergency Management (ODEM) provides Emergency Declaration

Guidelines to assist and expedite the emergency and disaster declaration process. Included are

descriptions of the types of information necessary for the Governor when considering a request

for a state of emergency declaration or a request for federal assistance. Also included are legal

references that authorize response to requests for disaster assistance.

County, city, and tribal governing bodies should identify who is authorized to declare a

jurisdictional emergency. Each jurisdiction should prepare a jurisdictional draft declaration of

emergency that need only be supplemented with essential information on actual impacts

should a disaster occur. Appropriate documentation of the initial and projected impacts of an

event is required to support a request to the Governor for state or federal assistance.

Emergency program managers and coordinators are provided extensive training and are

generally familiar with the appropriate processes to be followed. They also have access to

ODEM policy-level staff for questions about the process.

A sample Request for State Assistance document is included as Appendix A of this document to

serve as a model for the format and information to include in a declaration request to the

Governor.

Additional information is available on the ODEM website.

We hope you find this information useful in navigating through the declaration process. We

hope that in collaboration with ODEM regional coordinators, we can better support you during

an emergency.

Thank you for all that you do to support Oregonians!

 
 
 
 
Emergency Declaration Guidelines for Elected and Appointed Officials   1 
Oregon Department of Emergency Management 
TABLE OF CONTENTS 
CONTACTS .............................................................................................................................. i 
MEMORANDUM .................................................................................................................... ii 
INTRODUCTION ..................................................................................................................... 2 
TYPES OF DECLARATIONS ...................................................................................................... 2 
LOCAL DECLARATIONS ................................................................................................................ 3 
STATE DECLARATIONS ........................................................................................................... 3 
ORS 401.165: Declaration of State of Emergency ....................................................................... 4 
ORS 476.510: Emergency Conflagration Act ............................................................................... 4 
ORS 433.441: Proclamation of Public Health Emergency ........................................................... 5 
ORS 823.012: ODOT Emergency Waivers ................................................................................... 6 
ORS 176.775: Energy Resource Emergency ................................................................................ 7 
ORS 561.510: Emergency Quarantine Order .............................................................................. 7 
FEDERAL DECLARATIONS ....................................................................................................... 8 
PRESIDENTIAL DECLARATION ...................................................................................................... 8 
FEMA: Fire Management Assistance Grant Declaration ........................................................... 10 
SECRETARIAL DECLARATIONS ................................................................................................... 11 
U.S. Secretary Department of Agriculture (USDA) ................................................................ 11 
Federal Highway Administration (FHWA).............................................................................. 11 
AGENCY DECLARATIONS ...................................................................................................... 12 
U.S. Small Business Administration ........................................................................................... 12 
U.S. Army Corps of Engineers (USACE) ...................................................................................... 12 
Control and Coastal Emergency Act (PL 84-99) ........................................................................ 13 
Rehabilitation Program ............................................................................................................. 14 
Advanced Measures .................................................................................................................. 14 
PROCESS FOR REQUESTING ASSISTANCE .............................................................................. 15 
Appendix A: Sample County Request for State Assistance ................................................. A-18 
Appendix B: Wildfire Declarations .................................................................................... B-19 
 
   

Emergency Declaration Guidelines for Elected and Appointed Officials 2

Oregon Department of Emergency Management

INTRODUCTION

During times of emergency or disaster, the question, “When should we declare an emergency in

our jurisdiction or tribe?” is often contemplated, and the value and importance of doing so is

sometimes overlooked. This guide helps to answer these very important questions to assist our

local emergency managers, county elected and appointed public officials in successfully and

knowledgeably executing their duties during an emergency or disaster.

• What does a declaration do?

• What is the benefit to community leaders in declaring a local emergency?

• What kind of declaration should be made?

• What should be requested of the Governor?

• What kind of state and/or federal declarations could assist our community?

The answers to these questions depend on several factors, such as:

• Scope and magnitude of the incident.

• Impact of damage and losses.

• Ability of impacted jurisdictions to respond.

• Economic health of the area affected.

• Current status of the local government budget.

• Timeframe before the next budget cycle.

• Outlook for known threats to the community until the new budget cycle begins.

• Number and magnitude of emergencies the jurisdiction has already experienced

since the beginning of the last budget period.

TYPES OF DECLARATIONS

This document will address three levels of declarations and the most common ones associated

with disasters or emergencies:

• Local

• State

• Federal

Federally recognized tribes may choose to declare under the county and state for emergencies

and disaster declarations. However, they may also contact federal agencies directly. To better

assist our tribes, ODEM has a tribal liaison that can help answer questions and provide technical

assistance regarding both processes. Please contact [email protected].

For more information on federal support, see https://www.fema.gov/sites/default/files/2020-

04/tribal-declaration-pilot-guidance.pdf.

Emergency Declaration Guidelines for Elected and Appointed Officials 3

Oregon Department of Emergency Management

LOCAL DECLARATIONS

Based on jurisdictional ordinances and state statutes, a local or tribal declaration may allow a

jurisdictional governing body flexibility in managing resources under emergency conditions such

as:

• Diverting funds and resources appropriated for other purposes to meet immediate

needs.

• Authorizing activation of local or tribal emergency operations plans and

implementation of extraordinary protective measures.

• Initiating mutual aid and cooperative assistance agreements and receiving resources

from other organizations or individuals.

• Providing specific legal protection for actions initiated under emergency conditions.

• Setting the stage for requesting state and/or federal assistance to augment local

resources and capabilities.

• Raising public awareness and encouraging the community to become involved in

protecting their resources.

• Providing additional liabilities and protections to workers and volunteers

The declaration of a local emergency can be the first step in requesting state resources from

the Governor.

All requests by a county governing body for the Governor to declare an emergency shall be sent

to the Oregon Department of Emergency Management. Cities must submit requests through

the governing body of the county in which the majority of the city’s property is located.

Requests from counties shall be in writing and include the following:

1. The type of emergency or disaster.

2. The location(s) affected.

3. Deaths, injuries and population still at risk.

4. The current emergency conditions or threat.

5. An initial estimate of the damage and impacts. To facilitate declarations, please also

include:

• Specific information about the assistance being requested.

• Actions taken and resources committed by local governments (city and county).

ODEM will promptly assist local and tribal officials in developing and reviewing declarations and

requests that provide appropriate essential assistance.

STATE DECLARATIONS

There are several different types of state-level declarations of emergency. Depending on the

emergency or circumstances, the Governor and different state agencies have authorities or

responsibilities under the following Oregon Revised Statutes (ORS):

Emergency Declaration Guidelines for Elected and Appointed Officials 4

Oregon Department of Emergency Management

• ORS 401.165: Declaration of State of Emergency – Office of the Governor

• ORS 476.510: Emergency Conflagration Act – Office of the Governor

• ORS 433.441: Proclamation of Public Health Emergency – Office of the Governor

• ORS 536.740: Drought Declaration – Office of the Governor

• ORS 823.012: ODOT Emergency Waivers – Director of Transportation

• ORS 176.775: Energy Resource Emergency – Office of the Governor

• ORS 561.510: Emergency Quarantine Order – Director of Agriculture

ORS 401.165: Declaration of State of Emergency

The Governor may declare a state of emergency under authority granted in ORS Chapter 401

following a request of a county governing body or after determining that an emergency has

occurred or is imminent. Under a state of emergency declaration, the Governor has complete

authority over all state agencies and has the right to exercise, within the area designated in the

proclamation, all police powers vested in the state by the Oregon Constitution. All declaration

requests by a local or tribal governing body shall be sent to the Oregon Department of

Emergency Management.

Under extreme circumstances, a Governor’s declaration provides authority for the Governor to

suspend provisions of any order or rule of any state agency if the Governor determines and

declares that strict compliance with the provisions of the order or rule would in any way

prevent, hinder, or delay mitigation of the effects of the emergency.

It also provides for the authority to direct state agencies to utilize and employ state personnel,

equipment, and facilities for activities designated to prevent or alleviate actual or threatened

damage due to the emergency; this includes the National Guard. It specifies that the Governor

may direct the agencies to provide supplemental services and equipment to local governments

to restore any services to provide for the health and safety of residents of the affected area.

A state of emergency is usually enacted by a Governor’s Executive Order, which establishes

directions to, and expectations of, state agencies to use available resources to assist local and

tribal communities and alleviate disaster conditions.

ORS 476.510: Emergency Conflagration Act

The Department of State Fire Marshal assists and supports Oregon fire services during major

emergency operations through the Conflagration Act, which can be invoked only by the

Governor. The act authorizes the movement and utilization of “firefighting assets in response to

a fire, a heightened danger of fire, or a significant reduction in available firefighting resources.”

It is used only for fires that involve or threaten life and structures.

To determine if the Conflagration Act should be invoked, the local fire chief and county Fire

Defense Board Chief assess the incident status with the following questions in mind:

Emergency Declaration Guidelines for Elected and Appointed Officials 5

Oregon Department of Emergency Management

• Are there structure fires not controlled due to the sheer size and speed of the fire?

• Is a wildland fire threatening structure?

• Have all local and mutual aid resources been depleted?

• Would mobile support resources be effective?

If the answer is yes, then the county Fire Defense Board Chief notifies the State Fire Marshal

through the Oregon Emergency Response System. The State Fire Marshal discusses the

situation with the county Fire Defense Board Chief and then decides if the situation warrants

implementation of the Conflagration Act. Once decided, the State Fire Marshal notifies the

Governor, who authorizes the act to be invoked.

For more information, see https://www.oregon.gov/osp/programs/sfm/Pages/Emergency-

Mobilizations.aspx.

ORS 433.441: Proclamation of Public Health Emergency

A Proclamation of Public Health Emergency may be issued by the Governor at the request of

the State Public Health Director (Oregon Health Authority). During a declared public health

emergency, the Governor may:

• (3)(a) “Close, order the evacuation of, or the decontamination of any facility…”

• (3)(b) “Regulate by any means necessary the use, sale or distribution of food, fuel,

medical supplies, and medicines or other goods and services.”

• (3)(c) “Prescribes modes of transportation, routes and destinations required for

evacuation....”

• (3)(d) “Control or limit entry into, exit from… any public area…” (social distancing)

• (3)(e) “Authorize pharmacists ... to administer vaccines to persons who are three

years of age or older.”

• (3)(f) “Take any other action that may be necessary for the management of

resources, or to protect the public...”

ORS 536.740: Drought Declaration

Oregon relies upon two interagency groups to evaluate water supply conditions and to help

assess and communicate potential drought-related impacts: The Water Supply Availability

Committee (WSAC) is a technical committee chaired by the Water Resources Department; the

Drought Readiness Council is a coordinating body of state agencies co-chaired by the Water

Resources Department and the Department of Emergency Management.

Emergency Declaration Guidelines for Elected and Appointed Officials 6

Oregon Department of Emergency Management

Before requesting a Drought Declaration under Oregon Revised Statute (ORS) 536.740, tribes

and counties should declare a drought emergency at the local level and provide a copy of the

resulting declaration. Oregon Water Resources Department (OWRD) offers water users (e.g.,

farmers, ranchers, cities, industry) additional water rights tools to address supply shortages. A

Drought Declaration is not intended to address life safety impacts; refer to ORS 401 for life

safety needs.

A Drought Declaration makes available the following emergency tools and powers: temporary

emergency water use permits, temporary transfers, temporary instream leases, temporary

substitutions, special option agreements, human consumption or stock water use preferences,

and water conservation or curtailment. Download the OWRD State Drought Declaration Process

and Emergency Tools document for more information.

When requesting a Drought Declaration, tribes or counties need to include details about the

anticipated impacts the drought would have on the jurisdiction (i.e., impacts on critical

facilities, agriculture, firefighting, the economy or other impacts). Jurisdictions should also

include what resources or benefits they are seeking with the declaration. The request should

also include the actions the county has taken or plans to take to anticipate or mitigate the

effects of the drought.

For more information, see Local Water Supply Emergency Planning Guidance.

ORS 823.012: ODOT Emergency Waivers

A temporary Emergency Waiver may be issued by the Motor Carrier Division Director or the

Director of the Oregon Department of Transportation (ODOT) upon determination that an

emergency, as defined in ORS 401.025 has occurred or is imminent. The suspension of

certain highway regulations for the purpose of expediting the movement of persons or

property may remain in effect for up to 72 hours without a formal Governor’s declaration.

Several of the specific regulations to which this applies include but are not limited to:

• Vehicle Registration

• Tax

• Size and Weight

• Drivers Hours

Emergency Waivers may be issued to expedite the movement of groceries or other lifesaving

supplies in areas where emergency relief may be needed.

Emergency Declaration Guidelines for Elected and Appointed Officials 7

Oregon Department of Emergency Management

ORS 176.775: Energy Resource Emergency

The Oregon Department of Energy (ODE) Director may recommend the Governor declare an

Energy Resource Emergency in the event of a severe and long-term energy disruption,

regardless of cause. This type of emergency may apply to gasoline, diesel, oil, natural gas,

electricity, etc. An Energy Resource Emergency may be declared when:

• Emergency and essential service providers are unable to obtain fuel at any price.

• Market forces, voluntary fuel conservation, and mandatory fuel conservation

measures fail to provide for adequate and equitable distribution of fuel.

• An Energy Emergency Declaration allows the ODE Director to issue Mandatory Fuel

Conservation measures to reduce petroleum consumption by all governmental

agencies and political subdivisions in the state and implement the Fuel Allocation

Program.

If fuel allocation becomes necessary, ODE would administer the state’s Fuel Allocation

Program. The first step is to designate the Set-Aside Volume. The Set-Aside Volume is the

amount of fuel ODE will request from the state’s petroleum industry partners (oil

companies) to designate solely to support Oregon’s response and recovery efforts.

• ODE allocates fuel to the state’s priority users performing mission-critical functions

to preserve life and restore critical infrastructure.

• Odd/Even Fuel Allocation - During a fuel supply shortage situation, the need for a

method to alleviate potentially long lines at retail service stations may arise. ODE

could implement the Odd/Even Fuel Allocation Measure for the public. This measure

is designed to help space purchases of gasoline and aid in its equitable distribution.

ORS 561.510: Emergency Quarantine Order

The Director of Agriculture may adopt rules under ORS Chapter 183 declaring a quarantine if

they believe any animals, fowls, bees, fruits, vegetables, plants, parts of plants, or seeds within

any area or section are diseased or infested with a pest, or that any area or section is infested

with a weed, and that the disease, infestation or weed is likely to spread and become

detrimental to the plant or animal life of this state or the health of residents of the state. The

Director may declare the quarantine for any area or section for which the Secretary of

Agriculture of the United States has not determined that a quarantine is necessary and

established a quarantine.

Two additional statutes also apply: ORS 596.392(3) and (4) - Authority of department relating to

destruction of livestock for and equipment for disease control, and ORS 596.402 - Authority to

summarily quarantine areas to prevent movement of livestock, vehicles, persons or things.

Emergency Declaration Guidelines for Elected and Appointed Officials 8

Oregon Department of Emergency Management

An emergency quarantine order may be issued by the ODA Director when an animal is found to

be diseased or is suspected to be infected with a disease. The order may prohibit the

movement of specific animals, all animals on a specific property, or all animals or animal

products within a designated quarantine area.

FEDERAL DECLARATIONS

As with state declarations, there are various forms of federal emergency declarations available.

They generally fall into one of three main categories:

• Presidential

• Secretarial

• Agency

PRESIDENTIAL DECLARATION

The most familiar, though not the most common, disaster assistance programs are those

provided under a Presidential declaration of Emergency or Major Disaster via the Robert T.

Stafford Emergency Relief and Disaster Assistance Act, P.L. 93-288, as amended. These

Presidential declarations can provide funding and technical assistance from numerous federal

agencies under the coordination of the Federal Emergency Management Agency (FEMA). The

Stafford Act provides resources to assist states in expediting aid, assistance, and emergency

services, and reconstructing and rehabilitating devastated areas.

There are two types of Presidential Declarations:

• “Emergency” means any occasion or instance for which, in the determination of the

President, Federal assistance is needed to supplement state and local efforts and

capabilities to save lives and to protect property and public health and safety, or to

lessen or avert the threat of a catastrophe in any part of the United States.”

• “Major disaster” means any natural catastrophe… or, regardless of cause, any fire,

flood, or explosion, in any part of the United States, which in the determination of

the President causes damage of sufficient severity and magnitude to warrant major

disaster assistance under this act to supplement the efforts and available resources

of states, local governments, and disaster relief organizations in alleviating the

damage, loss, hardship, or suffering caused thereby.”

The process for implementing federal emergency response under the Stafford Act is outlined in

the National Response Framework. Legal details for implementing the provisions of the Stafford

Act are contained in the Code of Federal Regulations, Title 44. Some Stafford Act disaster

assistance programs have a cost-share, often 75% federal and 25% non-federal. The non-

federal match may be either hard (cash) or soft (in-kind, such as volunteer hours) or a

combination of the two.

Emergency Declaration Guidelines for Elected and Appointed Officials 9

Oregon Department of Emergency Management

Only the Governor of a state may request a Presidential emergency or major disaster

declaration, and this must be done within 30 days of the “end date” of an emergency or

disaster. The process to do so is outlined below:

• County declaration(s) of emergency in place.

• State declaration of emergency in place.

• County Initial Damage Assessments (IDAs) completed and submitted to ODEM.

• ODEM compiles all damage/impact information and determines if:

o Each county has met its minimum federal threshold (for Public Assistance

(PA)) in damages.

o Oregon has met its minimum federal threshold in damages and impacts.

o The damage figures are sufficient to meet the federal PA threshold figures to

request a joint local-state-federal Preliminary Damage Assessment (PDA) be

conducted.

• If yes, a joint PDA is conducted and based on the findings, a recommendation is

made to the Governor to request a Presidential Declaration and the types of federal

assistance needed. (See page 20 for detailed steps)

For more information on Code of Federal Regulations, Title 44, see

https://www.ecfr.gov/current/title-44.

PRESIDENTIAL DECLARATION EVALUATION FACTORS

For all requests under the Stafford Act, FEMA will evaluate the severity, magnitude, and impact

of the event, and will evaluate whether the impact appears to exceed state and local

capabilities and whether there are federal resources that may be appropriate to address

severe, disaster-related needs.

Some agencies may provide specific resources without the need for a Presidential declaration

through existing emergency authorities. Considering all factors, FEMA will make a

recommendation to the President.

Federal evaluation will focus on the following factors:

• Threat to Life, Health or Safety: If there are significant threats to the lives, health, or

safety of individuals that cannot be met with state, local, and voluntary organization

resources, federal assistance may be warranted. For example, if critical facilities are

affected such as water treatment or distribution, federal assistance might be

necessary if state and local government cannot meet the emergency needs.

• Special Populations and Considerations: Attention will be paid to special

populations, such as people with disabilities or access and functional needs who

might be more likely to face threats to life, health and safety.

Emergency Declaration Guidelines for Elected and Appointed Officials 10

Oregon Department of Emergency Management

• Critical Facilities: If critical facilities, such as hospitals, fire and police stations, water

or sewage treatment facilities, etc., are seriously affected and state and local

government cannot adequately correct the problem or address the impacts, federal

assistance may be warranted.

• Large-Scale Disruptions of Normal Community Functions and Services: If

disruptions of normal community functions and services occur that threaten the

well-being of an economic base of the community and cannot be corrected with

state or local assistance, federal assistance may be warranted.

• Technical Assistance: There may be situations where there are no significant

impacts, but states may need technical assistance, such as that provided by the U.S.

Army Corps of Engineers.

FEMA: Fire Management Assistance Grant Declaration

The Fire Management Assistance Grant (FMAG) is a FEMA program authorized under the

Stafford Act specifically for wildland fires that meet certain criteria:

• The state must meet or exceed fire cost thresholds.

• It must be requested by the Oregon State Forester via the Governor.

o Fire must be burning and out of control.

o Fire threatens to become a major disaster.

o Lives and improved property are threatened.

An FMAG Declaration is authorized by the FEMA Regional Administrator and at their discretion

may be pre-dated to the actual fire start date, rather than the date of request from the state.

The grant is similar to the Public Assistance (PA) program under a Presidential declaration in

that it provides 75% federal cost share reimbursement. Eligible firefighting costs may include:

• Expenses for field camps

• Equipment use

• Repair and replacement

• Tools

• Materials and supplies

• Mobilization and demobilization activities

For more information on FMAG, see https://www.fema.gov/assistance/public/fire-

management-assistance.

Emergency Declaration Guidelines for Elected and Appointed Officials 11

Oregon Department of Emergency Management

SECRETARIAL DECLARATIONS

U.S. Secretary Department of Agriculture (USDA)

The Food Distribution Disaster Assistance Program supplies USDA foods to disaster relief

organizations such as the American Red Cross, Oregon Food Bank, and the Salvation Army for

mass feeding or household distribution.

Federal Drought Declarations can be issued without a local or state request.

The Farm Service Agency (FSA) may request the Secretary to declare a disaster for a natural

hazard event for an Agricultural Sector and does not require a Presidential declaration.

Some FSA programs can be made available without a determination by the U.S. Secretary of

Agriculture. For example, the FSA Administrator may make emergency loans available to

farmers with qualifying physical (not production) losses without an action by county or state

government.

The following programs can also be activated by the FSA without a disaster declaration:

• Noninsured Assistance Program

• Emergency Conservation Program

• Emergency Haying and Grazing Assistance

The FSA has local offices throughout the state, usually co-located with the Oregon State

University (OSU) Extension Service, and often with the Natural Resources Conservation Service

(NRCS) or the local soil and water conservation district office. Encourage your local emergency

program manager to develop a relationship with the local office of the FSA, NRCS and OSU

Extension.

For more information on Farm Service Agency programs, see http://www.fsa.usda.gov/FSA/.

Federal Highway Administration (FHWA)

The FHWA program called Emergency Relief (ER) helps pay for the repair of roads and bridges

on federal aid highways and on non-federal aid roads on federal lands that have been damaged

by a natural disaster or catastrophic failure. Assistance through the ER Program can be

rendered with or without a Presidential major disaster declaration. Authority for providing ER

to states can be found at Title 23, USC, Section 125.

Highways are eligible for ER funds if:

• The highway is classed as a major collector or above.

• The Governor declares a state of emergency in the affected county or counties. In

some cases, the Governor will make a state of emergency declaration strictly to

request FHWA Emergency Relief.

Emergency Declaration Guidelines for Elected and Appointed Officials 12

Oregon Department of Emergency Management

• Estimated cost of repairs to FHWA eligible highways statewide due to the disaster

total at least $750,000.

• There is a favorable finding of eligibility by FHWA.

Local government application for Emergency Relief is made through the Highway Division of the

Oregon Department of Transportation (ODOT); it assists local road departments and public

works agencies with application, preparation of necessary documentation, and establishing

funding and reimbursement mechanisms.

For more information on the Federal Highway Administration ER, see

http://www.fhwa.dot.gov/programadmin/erelief.cfm.

AGENCY DECLARATIONS

U.S. Small Business Administration

Small Business Administration (SBA) disaster loans may be made available to homeowners,

renters, and businesses by means of a declaration request submitted by the Governor through

the Department of Emergency Management by the SBA Administrator or the President. These

low-interest loans are made to help disaster-affected individuals and businesses recover. The

interest rate varies depending on the availability of loans and other economic factors. The

following loans require data gathering by the local or tribal jurisdiction to support the request:

• Physical Disaster Loans - homeowners, renters, and businesses

o Criteria for a physical disaster declaration are that in any county, a

combination of at least 25 homes and businesses have each sustained

uninsured losses of 40% or more of their pre-disaster fair market value.

• Economic Injury Disaster Loans - small businesses only

o Criteria for an economic injury declaration are that at least five small

businesses in the state have suffered substantial economic injury due to a

sudden physical event, and there is no reasonable financial assistance

available in the area.

SBA loans may also involve restructuring debt load at a lower interest rate. To be approved for

an SBA loan, applicants must show the ability to repay the loan.

For more information on Small Business Administration disaster programs, see

http://www.sba.gov/disaster_recov/index.html.

U.S. Army Corps of Engineers (USACE)

USACE can assist state and local governments without a Presidential declaration to accomplish

mitigation, response, and recovery, especially for the flood hazard. They are supplemental

resource support to local and state governments.

Emergency Declaration Guidelines for Elected and Appointed Officials 13

Oregon Department of Emergency Management

All requests from local officials for USACE assistance must be made through ODEM, which

works with appropriate USACE officials and advises the Governor on how to proceed with the

request. Most assistance requires a written request from the Governor.

Assistance to individual homeowners and businesses, including agricultural businesses, is not

authorized. Also, USACE has no authority to reimburse local governments for the costs of local

emergency response and recovery actions.

Control and Coastal Emergency Act (PL 84-99)

• Issued by the Chief of Engineers, acting for the Secretary of the Army.

o Flood fighting in urban and other non-agricultural areas under certain

conditions.

o Technical assistance.

o Emergency water support and drought assistance.

o “Advance measures” assistance to prevent or reduce flood damage

conditions of imminent threat of unusual flooding.

o Rehabilitation of eligible flood protection systems if damaged by a flood

event.

• These resources are directed at flood and coastal storm response such as:

o Temporarily raising the elevation of existing levees with sandbags or by other

means.

o Strengthening and providing emergency repairs to levees and other flood

control projects.

o Evacuating people and assisting in search and rescue operations.

o Providing materials and equipment, such as sandbags

, plastic sheeting,

lumber, rock, and pumps, if USACE is actively participating in a flood fight

o Providing 24-hour technical assistance during the event.

o Loaning equipment or emergency contracting of equipment.

• Under post-flood response, also known as "10 Day Authority,” USACE can assist in:

o Removing logs, debris, and ice jams from drainage channels, bridge openings,

water supply intakes, and sewer outfalls.

o Removing debris as necessary to reopen vital transportation routes.

o Assisting in the temporary restoration of critical public services or facilities.

Sandbags are only available to communities that have made a good faith effort to stock a supply before a flood, and only after

mutual aid or state resources have been engaged.

If USACE is not actively participating in a flood fight, federal supplies may be furnished only if local resources are exhausted or

will be exhausted; under such circumstances, supplies must be replaced in-kind or paid by local interests. All unused stock

should be returned or reimbursed to the federal government at replacement cost.

Emergency Declaration Guidelines for Elected and Appointed Officials 14

Oregon Department of Emergency Management

o Providing emergency water - this is limited to 30 days or up to the date of the

Presidential declaration, whichever comes first.

o Providing technical assistance.

o Assisting in identifying hazard mitigation opportunities.

"10 Day Authority" requires a Governor’s request to both USACE and FEMA. Ten days

begin with the Governor's request to FEMA for a joint Preliminary Damage Assessment

(PDA) and ends after 10 days or with receipt of a Presidential major disaster or

emergency declaration, whichever comes first. Once the declaration has been made,

USACE resources can continue to assist, but a non-federal cost-share begins, usually at a

rate of 25%.

Rehabilitation Program

This program is an exception in that local governments, such as diking and drainage districts,

have a direct relationship with USACE. This program does not require local governments to go

through ODEM. It assists local governments in repairing flood control structures damaged or

destroyed by wind, wave, or water action to their pre-disaster condition if:

• The structure has a public sponsor.

• Has been properly maintained by the sponsor; and

• The proposed rehabilitation is cost-effective.

USACE can provide 100% federal funding if the water control structure, usually a levee, was

built by USACE and has since been properly maintained. It is an 80% federal and 20% non-

federal cost-share if the levee or other structure meets USACE standards but was locally built.

The sponsor has 30 days to request rehabilitation assistance following a flood or coastal storm.

Advanced Measures

Under this program, USACE can conduct preventative work due to the prediction of unusual

flooding. This may have applications for ice jam removal, snowmelt flooding, unusual flooding

on the lower reaches of larger watersheds, etc. There must be an imminent threat to life or

improved property. There must also be a reasonable assurance that the work can be completed

in time to prevent or reduce damage, and the proposed work must be both technically feasible

and cost-effective.

Types of assistance can include:

• Strengthening of federal and non-federal flood control structures.

• Construction of temporary levees to protect life and improved property.

• Channel clearance and/or dredging of federal projects to restore original design

capacity.

Emergency Declaration Guidelines for Elected and Appointed Officials 15

Oregon Department of Emergency Management

• Relieving the threat of flooding from possible dam failures by de-watering the

impoundment, controlled breaching or strengthening the structure.

Costs associated with removing a measure, or upgrading it to a permanent facility, are generally

borne by the local or state government sponsor.

Conditions of USACE Assistance

In many circumstances, USACE assistance requires that the public sponsor agree to conditions

like the following:

• Provide without cost to the United States all lands, easements, and rights-of-way

necessary.

• Hold and save the United States free from damages due to the authorized work,

exclusive of damages due to the fault or negligence of the United States or its

contractor.

• If feasible, operate and maintain the emergency work or remove temporary work

constructed by USACE or its contractor.

For more information on USACE disaster programs, see

http://www.usace.army.mil/Emergency/Pages/home.aspx.

PROCESS FOR REQUESTING ASSISTANCE

These guidelines are provided under provisions in ORS Chapter 401. They are intended as

guidance related to situations that occur in local or tribal jurisdictions that require state or

federal assistance.

A Governor’s state of emergency declaration is made at the request of a county or tribal

governing body or after determining that an emergency has occurred or is imminent. Cities

must submit requests for assistance through the governing body of the county in which the

majority of the city’s property is located with the expectation that the county will first expend

all local resources to assist the city before asking the state for assistance. (See ORS 401.165)

Each event that may result in a request for state or federal assistance must be evaluated to

determine the nature and magnitude of the losses that have occurred or are imminent and to

identify what local and state resources have been expended or applied to alleviate disaster

conditions.

If it appears that state or federal assistance may be needed to augment local resources, the

jurisdiction must conduct a quick but accurate Initial Damage Assessment. Photo and video

documentation of damage is vital.

Emergency Declaration Guidelines for Elected and Appointed Officials 16

Oregon Department of Emergency Management

The emergency program manager or their designee coordinates this effort with ODEM.

Circumstances may preclude the inclusion of all the information listed below; however, an

effort should be made to include as much information as possible before requesting a

Governor’s declaration.

• Specify the area(s) of impact and describe the emergency as it exists within the

impacted area(s).

• Describe the severity of the situation and the effect on lives, public health and

safety, and property. Particular attention should be paid to people with disabilities

or access and functional needs, who may be less able to manage on their own.

• Identify and evaluate the severity and magnitude of impacts that have or are

expected to occur in the following areas:

o Public safety and emergency services, such as firefighting, law enforcement,

hazardous materials response, emergency medical services and hospitals.

o Communication resources.

o Health and mental health services.

o Public infrastructure, including debris clearance, emergency response costs,

transportation systems, dams and levees, public buildings and equipment,

and public utilities such as water, sewer, electricity, etc.

o Vital community businesses and private nonprofit organizations that provide

essential services to the public.

o Housing.

o Agriculture.

• To the extent possible, provide supporting documentation of damage, losses, costs,

and impacts.

• Identify the efforts local jurisdictions have taken to resolve the situation:

o Has the local jurisdiction’s governing body declared an emergency and

implemented its emergency operations plan?

o Has the local jurisdiction’s emergency operations center been activated?

o Has the local jurisdiction committed all available local resources to alleviate

the emergency, such as mutual aid and cooperative assistance agreements?

• Describe in as much specificity as possible disaster-related unmet needs:

o What local government resources or assets have been expended, resulting in

shortfalls?

o What situations exist that require assistance from state or federal resources?

Once the local jurisdiction has conducted an IDA and a request for federal assistance is

anticipated, the Director of the Department of Emergency Management may request the FEMA

regional office to conduct a joint PDA. This involves a team of local, state, and federal personnel

jointly validating the local IDA. Such an assessment will assist the Governor in determining

whether federal assistance is necessary, and it could serve to support a request for a

Presidential emergency or major disaster declaration.

Emergency Declaration Guidelines for Elected and Appointed Officials 17

Oregon Department of Emergency Management

The request and supporting information from local officials must be submitted to the Governor

through the Director of the Department of Emergency Management as prescribed under ORS

401.165. If it is determined that local and state resources are insufficient to meet the needs of

the area impacted, the Governor may submit a request to the President through the FEMA

Regional Director or directly to a federal agency for assistance.

For more information on the assistance outlined in this guidebook, see the following web links:

Oregon Department of Emergency Management

ODEM Disaster Assistance Page

Oregon Department of State Fire Marshal

Federal Emergency Management Agency

Farm Service Agency

U.S. Small Business Administration

U.S. Army Corps of Engineers

Federal Highway Administration

Applied Technology Council

FEMA Local Elected and Appointed Officials Guide

Emergency Declaration Guidelines for Elected and Appointed Officials A-18

Oregon Department of Emergency Management

Appendix A: Sample County Request for State Assistance

Emergency Declaration Guidelines for Elected and Appointed Officials B-19

Oregon Department of Emergency Management

Appendix B: Wildfire Declarations

CONFLAGRATION

DECLARATION

STATEWIDE

DECLARATION of

EMERGENCY

FIRE

MANAGEMENT

ASSISTANCE

GRANT

FEDERAL

DECLARATION of

EMERGENCY

PRESIDENTIAL

MAJOR DISASTER

DECLARATION

Governor declares at

the request of the

Oregon State Fire

Marshal (upon

receiving the request

from local

authorities)

Governor declares at

the request of a

county or upon

determining

emergency has

occurred or is

imminent

FEMA Regional

Administrator

approves FMAG upon

request by State

Forester when fire or

fire complex

threatens such

destruction as would

constitute a major

disaster; must meet

cost threshold

President declares

when disaster has

caused damage of

such severity that it is

beyond the combined

capabilities of state

and local

governments to

respond

President declares

when disaster has

caused damage of

such severity that it is

beyond combined

capabilities of state &

local governments to

respond; must meet

cost threshold

Provides structural

protection through

task forces mobilized

from fire-fighting

forces around the

state when the ability

to fight a fire exceeds

local capabilities and

threat to life &

structure exists

Provides Governor

with broad authority;

authority can be

limited within the

declaration (see, for

example, “Op Plan

Smokey” dec which

limits applicability to

Oregon National

Guard)

Criteria used to

evaluate threat:

1. Threat to lives &

improved

property, critical

facilities /

infrastructure,

watershed

2. Availability of state

/ local firefighting

resources

3. High fire danger

conditions

4. Potential major

economic impact

Depending upon

request and rules,

assistance can be

applied to debris

removal and

emergency protective

measures, direct

federal assistance

Depending upon

request and rules,

assistance can be

applied to debris

removal, emergency

protective measures &

infrastructure (gov’t or

certain private non-

profit) damaged in

fire, hazard mitigation

assistance, very rarely

individual assistance

to homeowners for

non or under insured

loss of primary

residence

Oregon reimburses

local fire-fighting

forces for expenses

when mobilized

under a

Conflagration

Declaration

Financial responsibility

for actions depends

upon the terms of the

declaration

Federal cost share is

75% of eligible costs

incurred (costs of

equipment &

supplies, labor, travel

and per diem,

temporary repairs,

etc.)

Federal cost share is

75% of eligible costs

not covered by FMAG

Federal cost share is

75% of eligible costs

not covered by FMAG

ORS 476.510 et seq

ORS 401.165 et seq

Robert T Stafford

Disaster Relief and

Emergency Assistance

Act

Robert T Stafford

Disaster Relief and

Emergency Assistance

Act

Robert T Stafford

Disaster Relief and

Emergency Assistance

Act

Caveats and Additional Information

• Many of these rules apply only when a fire has occurred on protected lands.

• The information contained in this document is simplified; exceptions and nuances often apply.

• For more information on federal disaster rules and regulations, please see DisasterAssistance.gov.