The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 100-707), signed into law on November 23, 1988, amended the Disaster Relief Act of 1974 (Public Law 93-288). The Stafford Act constitutes the statutory authority for most Federal disaster response activities, especially as they pertain to FEMA.
The Stafford Act states that "All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State." These requests are made through the regional FEMA office where a Preliminary Damage Assessment is conducted.
Upon the determination of the President, emergency and major disasters can be declared, where Federal assistance is supplemental to State and local efforts to lessen the threat of a catastrophe in the United States.
However, even when the President does not issue a declaration, FEMA may perform certain activities to support the State planning and preparedness functions.
Select this link to learn more about the Stafford Act (www.fema.gov/robert-t-stafford-disaster-relief-and-emergency-assistance-act-public-law-93-288-amended)