Pesidential Declared Disasters

[ammotrucker]

1. I want to know what you all think a Presidentially declared disaster is?

2. What makes a Presidentially declared disaster?

3. Do you think that Deepwater Oil Spill qualifies if Yes qualify if NO why not?

[Spaceman3750]

1. My understanding is that it is, quite literally, a disaster zone which the President has declared (as opposed to the Governor, Mayor, EMA, or Bannana King). This declaration affords more aid from FEMA to the victims of the disaster.

2. It's open-ended. It can be declared for any disaster where federal-level assistance is needed.

3. It's not on FEMA's list of declarations, so I'm guessing no (at least not the list I'm looking at).

[Eclipse]

The [lmgtfy]Robert T. Stafford Disaster Relief and Emergency Assistance Act[/lmgtfy] (Stafford Act) (Pub.L. 100-707) is a United States federal law designed to bring an orderly and systemic means of federal natural disaster assistance for state and local governments in carrying out their responsibilities to aid citizens. The Stafford Act is a 1988 amended version of the Disaster Relief Act of 1974 (Pub.L. 93-288).

It created the system in place today by which a presidential disaster declaration of an emergency triggers financial and physical assistance through the Federal Emergency Management Agency (FEMA). The Act gives FEMA the responsibility for coordinating government-wide relief efforts. The Federal Response Plan it implements includes the contributions of 28 federal agencies and non-governmental organizations, such as the American Red Cross. It is named for Robert Stafford, who helped pass the law.

Congress amended it by passing the Disaster Mitigation Act of 2000 (Pub.L. 106-390), and again in 2006 with the Pets Evacuation and Transportation Standards Act (Pub.L. 109-308).

http://www.fema.gov/pdf/about/stafford_act.pdf

It appears that Deepwater was net declared as a PDDA, in part, because it is not considered a "natural" disaster, and BP is being held accountable
for the damages.  Further, it also appears that claims payments will not be tax exempt.

http://www.pgdc.com/pgdc/crs-analyzes-payments-bp-oil-spill-victims-and-potential-tax-relief-options

[ammotrucker]

The [lmgtfy]Robert T. Stafford Disaster Relief and Emergency Assistance Act[/lmgtfy] (Stafford Act) (Pub.L. 100-707) is a United States federal law designed to bring an orderly and systemic means of federal natural disaster assistance for state and local governments in carrying out their responsibilities to aid citizens. The Stafford Act is a 1988 amended version of the Disaster Relief Act of 1974 (Pub.L. 93-288).

It created the system in place today by which a presidential disaster declaration of an emergency triggers financial and physical assistance through the Federal Emergency Management Agency (FEMA). The Act gives FEMA the responsibility for coordinating government-wide relief efforts. The Federal Response Plan it implements includes the contributions of 28 federal agencies and non-governmental organizations, such as the American Red Cross. It is named for Robert Stafford, who helped pass the law.

Congress amended it by passing the Disaster Mitigation Act of 2000 (Pub.L. 106-390), and again in 2006 with the Pets Evacuation and Transportation Standards Act (Pub.L. 109-308).

So what you content is that if it is not declared a disaster under the Stafford Act it is can not be a Presidentially Declared disaster.  Yet the Stafford Act only covers natural disasters, not every disaster type.

[Eclipse]

So what you content is that if it is not declared a disaster under the Stafford Act it is can not be a Presidentially Declared disaster.  Yet the Stafford Act only covers natural disasters, not every disaster type.

Which appears to be exactly why it is not a PDDA.

[ammotrucker]

The problem is we keep getting hung up on the Stafford Act as if that is the only type of Presidentially declared disaster because that's what we're used to under normal natural disaster scenarios.



In the case of DWH we have a federal response to a major disaster – as pointed out and declared more than once on TV by the President – but the Stafford Act is legally (and possibly Constitutionally) superseded by the Oil Pollution Act of 1990, which is the federal instrument for this type disaster just as the Stafford Act is the instrument for a FEMA led natural disaster. The OPA was created in response to the Exxon Valdez incident when it was discovered that the USCG and EPA were better lead federal agencies than FEMA for this type of incident. The OPA was created with the purpose of "expand the federal government's ability, and provide the money and resources necessary, to respond to oil spills." It is a federal response tool, just like the Stafford Act, but it is headed by the USCG or EPA – and it has special mechanisms for the federal government to recover costs through various means including litigation that would not be allowed under the Stafford Act.

[SarDragon]

OK, now we have paired off to have another of our famous urination competitions.

May inquire as to the underlying reason for asking your original Q?

[Eclipse]

May inquire as to the underlying reason for asking your original Q?

$5 says this is related to not getting a DR-V for participation...

[NCRblues]

OK, now we have paired off to have another of our famous urination competitions.

May inquire as to the underlying reason for asking your original Q?

I'm going to say its for bling....

[ammotrucker]

OK, now we have paired off to have another of our famous urination competitions.

May inquire as to the underlying reason for asking your original Q?

I'm going to say its for bling....

Bling or not, that is not the reasons for the question.
Most of you all probably did not participate in it so you could care less.  I did, and if I want the bling so be it.  I also believe that the other 250 or so members that participated deserve some type of pay, and if bling is all the pay we receive so be it.  Even though we responsed with over 20,000 hours of participation.

Now were does it state in any regulation weather CAP  or Federal that the Stafford Act needs to be instututed for there to be a Presidentially Declared Disaster.  That is the question?

[ammotrucker]

OK, now we have paired off to have another of our famous urination competitions.

SarDragon, I have been on the site for awhile and while many times I agree with your point of view.  But, by asking a question which may or may not be something that you want to talk about.  While I may have a different angle on the question, why do you state that it is "urination competiton". 

I have never read in CAPR 60-3 or CAPR 39-3 that the DR ribbon is only relegated to "natural disasters".  I think that it was a fair question.  You have always stated that this forum is a place to bring different point of view to lite. 

So, I guess that it is only a forum for you to post your point of view.

[arajca]

The term "Presidential Declared Disaster" has a specific meaning and specific requirements. Those requirements are spelled out in the Stafford Act.

Even though the president may have publicly stated DWH was a disaster (and I don't think anyone would argue that it wasn't), it was not a formal Presidential Declared Disaster and does not qualify for the DR ribbon or the V device.

[Eclipse]

Now were does it state in any regulation weather CAP  or Federal that the Stafford Act needs to be instututed for there to be a Presidentially Declared Disaster.  That is the question?

See CAPR 39-3:

Disaster Relief Ribbon with  "V" Device.  The Disaster Relief Ribbon with a  "V" device may be awarded to any CAP member who participates in a disaster relief effort for a Presidential declared disaster. Participation must be verified by the on-scene commander.  Participation in any Presidential declared disaster since 1990 qualifies.

A PDDA is an avenue for a lot of things besides federal aid, including low-cost loans, tax relief, and other related financial and relief resources.  The only way to issue one is via the mandates of the Stafford Act, which is intended for natural disasters.

Not all federal aid is provided via a PDDA.

[ammotrucker]

The term "Presidential Declared Disaster" has a specific meaning and specific requirements. Those requirements are spelled out in the Stafford Act.

Even though the president may have publicly stated DWH was a disaster (and I don't think anyone would argue that it wasn't), it was not a formal Presidential Declared Disaster and does not qualify for the DR ribbon or the V device.

I would agree with that statement if this were a "disaster" that is covered under the Stafford Act.  But as we all know, this disaster was not covered under the Stafford Act even though it was discussed.

http://www.fas.org/sgp/crs/misc/R41234.pdf

The opening summary of that report acknowledges that the federal government already was using a federal disaster instrument on the oil spill, "That spill is currently being addressed by a law fashioned for that purpose, the Oil Pollution Act of 1990, P.L. 101-380." Just like the Stafford Act, the OPA requires a Presidential declaration, even if in a different format, to be enacted. That Congress weighed in on the options of using the Stafford Act versus the OPA to respond to DWH indicates their similarity even if they have different internal mechanisms and differing benefits for a given incident, and they're both federal assistance programs as required under HSPD-5, which is a Presidential Directive for homeland security.

[Eclipse]

Yep, you're right, but it does not qualify for a DR-V under our current regulations.

Neither did Challenger or Fossett, which both had hundred of participants and thousands of hours flown, yet all the members got was
sortie credit and personal satisfaction.

[ammotrucker]

Yep, you're right, but it does not qualify for a DR-V under our current regulations.

Neither did Challenger or Fossett, which both had hundred of participants and thousands of hours flown, yet all the members got was
sortie credit and personal satisfaction.

While I would agree with the Challenger disaster, but Fossett was a pure SAR not a DR event

I know that the CAPR 39-3 regulation was posted above, were does it state anywhere within that regulation or any regulation that it be a Stafford Act declaration.

I see nothing in CAPR39-3 that says anything about the Stafford Act nor why we think that it is the only instrument that is indicative of a disaster being considered a Presidential declared disaster. HSPD-5 gives many alternatives to the Stafford Act provided the basic criteria, “state and local governments overwhelmed by an emergency request federal aid not only through Stafford Act declarations but also through  “catastrophic incidents” that, whether caused by natural or human actions, result in “extraordinary” mass casualties or disruptions of functions that might threaten national security; more than one federal agency is involved in incident response” is met. For example, since biological accidents are specifically excluded from the Stafford Act, the Secretary of HHS would invoke a federal response under Presidential Directive to assist the overwhelmed governmental entities. If CAP were to be asked to assist in such a case, would CAP not consider that a Presidential declared disaster even though it was executed by authority of a Presidential Directive through a Presidential appointed lead agency?


At the President’s direction DoJ, including AG Holder, have been involved in Deepwater making it a Presidential disaster with federal response. The President specifically appointed Adm Allen of the USCG to head the overall operation and coordinate with responding agencies, and BP. By some legal interpretations, BP could not have been a Unified Command lead partner under the specifics of the Stafford Act, so the President implemented the OPA which specifically allows and encourages industry expert involvement at the UC. Would the President have allocated such high level federal government officials to DWH if he did not consider it a Presidential level disaster?

[SarDragon]

OK, now we have paired off to have another of our famous urination competitions.

SarDragon, I have been on the site for awhile and while many times I agree with your point of view.  But, by asking a question which may or may not be something that you want to talk about.  While I may have a different angle on the question, why do you state that it is "urination competiton". 

I have never read in CAPR 60-3 or CAPR 39-3 that the DR ribbon is only relegated to "natural disasters".  I think that it was a fair question.  You have always stated that this forum is a place to bring different point of view to lite. 

So, I guess that it is only a forum for you to post your point of view.

Not at all. I expressed no opinion about the original post. Others did, and it seemed like it was going to be contentious, hence my reference to "urination competition". Since my previous post, it looks like it's getting more contentious, partly because it seems like you are unwilling to accept the information that has been posted by others.

I'm just pointing out observations.

[RiverAux]

If its not on the FEMA declared disaster list it doesn't count: http://www.fema.gov/news/disaster_totals_annual.fema

Interestingly, this list does include man-made disasters (nuclear, chemical/biological, "technological", "industry hardship"). 

[ammotrucker]

Ok, I'll stop this here and switch the tread into a different line.  Although it would come to the same conclusions.

While a Presidentially Declared disaster would be a specific FEMA act disaster.  As dictated by the "Declared" being capitolized.

Our regulation CAPR 39-3 states "g. Disaster Relief Ribbon with "V" Device. The Disaster Relief Ribbon with a silver "V" device may be awarded to any CAP member who participates in a disaster relief effort for a Presidential declared disaster. Participation must be verified by the on-scene commander. Participation in any Presidential declared disaster since 1990 qualifies."

This regulation  does not require that the a specific FEMA Declared Stafford Act disaster be used.  By the absence of capitolized "D" in declared sould this not be any event that the President states is a disaster.

[RiverAux]

Hmm, by that logic if the President never specifically mentions it himself, then the FEMA disasters wouldn't count either.  That would disqualify most of them.