HERE IS THE LAW REGARDING JURISDICTION

LSK

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Sat Sep-03-05 10:14 PM
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HERE IS THE LAW REGARDING JURISDICTION

Gov Blanco's letter on Aug 28 applies to this:

http://www.fema.gov/library/stafact.shtm

"SUBCHAPTER IV-A--EMERGENCY ASSISTANCE PROGRAMS

§ 5191. PROCEDURE FOR DECLARATION {Sec. 501}

1. Request and declaration

All requests for a declaration by the President that an emergency exists shall be made by the Governor of the affected State. Such a request shall be based on a finding that the situation is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. As a part of such request, and as a prerequisite to emergency assistance under this Act, the Governor shall take appropriate action under State law and direct execution of the State's emergency plan. The Governor shall furnish information describing the State and local efforts and resources which have been or will be used to alleviate the emergency, and will define the type and extent of Federal aid required. Based upon such Governor's request, the President may declare that an emergency exists.

2. Certain emergencies involving Federal primary responsibility

The President may exercise any authority vested in him by section 502 or section 503 <42 U.S.C. § 5192 or § 5193> with respect to an emergency when he determines that an emergency exists for which the primary responsibility for response rests with the United States because the emergency involves a subject area for which, under the Constitution or laws of the United States, the United States exercises exclusive or preeminent responsibility and authority. In determining whether or not such an emergency exists, the President shall consult the Governor of any affected State, if practicable. The President's determination may be made without regard to subsection (a).

(Pub. L. 93-288, title V, § 501, as added Pub. L. 100-707, title I, § 107(a), Nov. 23, 1988, 102 Stat. 4706.)

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§ 5192. Federal emergency assistance {Sec. 502}

1. Specified

In any emergency, the President may--

1. direct any Federal agency, with or without reimbursement, to utilize its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical and advisory services) in support of State and local emergency assistance efforts to save lives, protect property and public health and safety, and lessen or avert the threat of a catastrophe;

2. coordinate all disaster relief assistance (including voluntary assistance) provided by Federal agencies, private organizations, and State and local governments;

3. provide technical and advisory assistance to affected State and local governments for--

1. the performance of essential community services;
2. issuance of warnings of risks or hazards;
3. public health and safety information, including dissemination of such information;
4. provision of health and safety measures; and
5. management, control, and reduction of immediate threats to public health and safety;

4. provide emergency assistance through Federal agencies;

5. remove debris in accordance with the terms and conditions of section 407 <42 U.S.C. § 5173>;

6. provide assistance in accordance with section 408 <42 U.S.C. § 5174>; and <(Pub.L. 106-390, § 206(b), October 30, 2000)>

7. assist State and local governments in the distribution of medicine, food, and other consumable supplies, and emergency assistance.

2. General

Whenever the Federal assistance provided under subsection (a) with respect to an emergency is inadequate, the President may also provide assistance with respect to efforts to save lives, protect property and public health and safety, and lessen or avert the threat of a catastrophe.
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