From the Office of Senator Kerry

Wednesday, February 19, 2003

Disaster response and recovery are the responsibility of State and local governments. Federal assistance is supplementary and appropriate only when the magnitude of an event is beyond the State and local capability to respond. In addition to satisfying the requirements of 44 CFR 206.35 and 206.36, emergency or major disaster declaration requests based on snowfall must meet the following criteria:

1) The event shall be a record or near record snowfall as determined by data provided by the National Oceanic and Atmospheric Administration (NOAA); 2) Response requirements must exceed State and local government capabilities; 3) The assistance requested must be needed to save lives, protect public health and safety and protect improved property.

Record or near record snowfall, on its own merit, will not warrant an emergency or major disaster declaration.

It is recognized that extraordinarily severe snowstorms may not exceed record snowfall levels but may create public health and safety threats that exceed the capability of State and local governments to respond. In addition to snowfall quantities, FEMA will consider the following factors when evaluating requests for Federal assistance for near record snowstorms:

1) Heavy snowfall over a very extended period of time; 2) Severe winds and extraordinary drifting; 3) Extraordinary ice formation; 4) Cumulative effect of snow on the ground.

In the process of developing this Snow Assistance Policy, FEMA has worked closely with NOAA. A process has been established that when a State makes an emergency or major disaster declaration request based upon snowfall as a specific event, FEMA will work with NOAA to compare the current snowfall data to historical snowfall data previously supplied by NOAA in order to evaluate the request.

In addition to satisfying the requirements at 44 CFR 206.35 and 206.36, a State’s request for an emergency or major disaster declaration based on snowfall should provide the following information:

1) Identification of counties for which a declaration is sought; 2) Amount of snowfall for each affected county; 3) Date of snowfall; 4) Impact of snowfall on provision of essential community services; 5) Type of assistance requested.

Federal assistance provided as the result of an emergency or major disaster declaration due to snow or blizzard conditions is intended for emergency purposes only, not for the total costs of recovery from the snowstorm. If a declaration is made, Federal assistance will be provided for emergency protective measures (Category B under the Public Assistance program), which is defined as measures taken to protect public health and safety and to prevent damage to public or private property. These measures may include snow removal.

Generally, assistance will be approved for a 48-hour period in order to allow time for the appropriate State and local officials to address the most critical emergency needs. The time period established is not necessarily tied to the beginning and/or ending of the event. In extraordinary circumstances, exceptions to the 48-hour provision may be requested by a State and will be evaluated on a case-by-case basis.

Major disasters declared for infrastructure damage may also require the removal of snow (e.g., access for debris removal). In those cases, a very limited level of snow assistance, incidental to the recovery, will be eligible for reimbursement.