Declaration Process

The declaration process is initiated by the local government when it is evident that its resources have been or are anticipated to be depleted. A petition to the state may then be made by the highest elected local official(s) requesting state assistance. The state will support the local government with its resources until such time that it is evident its resources have been or are anticipated to be depleted also. If the decision to make a declaration is made by the Governor or Legislature, the state will petition the President of the United States for assistance through the Federal Emergency Management Agency Regional Director. The Federal Government may then support the State with its resources until resolution and recovery is achieved.

The declaration process for state and local disaster activities and requests for disaster assistance are described in further detail below.

1. Authority to Declare a State of Emergency

The authority to declare a state or local state of emergency is identified in Chapter 414, Nevada Revised Statutes. At the local level (city and county): a mayor, city manager, or board of county commissioners can declare a local state of emergency. At the tribal level, the tribal chairperson and/or tribal council has this authority. At the state level, the Governor is empowered with this responsibility. At the national level, the President of the United States can declare a state of emergency.

2. Incorporated Cities Declaration Process

Emergency-disaster response agencies from governments of towns and cities will respond to disasters or major emergencies within the corporate limits and coordinate activities in accordance with their Standard Operating Procedures, the EOP of the town or city, and emergency-disaster intergovernmental agreements.

When an emergency or disaster exceeds or is anticipated to exceed the capabilities of the city or county, the county manager, county commission, mayor, or city council may declare a local emergency. The local emergency declaration should be forwarded to the NDEM in an

expedient manner. Tribal nations also may apply directly to FEMA.

3. Tribal Nations Declaration Process

Although the tribal nations located within the boundaries of the State of Nevada are

recognized as sovereign, the residents of these individual tribes are considered citizens of the county in which they reside, in addition to the State. Any emergency or disaster which may occur upon a reservation, for which the members of the nation or reservation cannot provide satisfactory resolution, may require county, state and/or federal involvement for resolution of the situation. When this occurs, the tribal nation will receive the same support as if it were an incorporated community within the county.

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Utilizing established protocols for support, tribal nations will issue a local emergency or disaster declaration to the associated county(ies) for addressing a particular problem. In such instances when the local government cannot fulfill the needs of the tribal nation, a petition to the State for assistance can be made individually or in cooperation with the county.

4. County Declaration Process

Upon receipt of the declaration of a local emergency from an incorporated town, city, or tribal nation within the boundaries of a county, the official with appropriate authority will:

• Provide available assistance requested to contain the incident (i.e., the Sheriff, the county public works entity(ies), the county health organization, etc.)

• Ensure NDEM is made aware that a situation exists which may require the declaration of a county local emergency.

• In the event a situation exists in any unincorporated portions of a county which may affect lives and property, the county will take all necessary measures to bring the situation under control, utilizing all resources under county government control. • If the situation in either incorporated or unincorporated portions of the county

becomes beyond the capability and resources of the county to control, the chairman of the Board of County Commissioners may declare a county local emergency exists. The Mayor or Board of Supervisors of an incorporated city or town or the Chairman of the Board of County Commissioners for the unincorporated portion of the county, shall deem that an emergency or disaster exists due to fire, flood, earthquake,

explosion, bombing, acts of terrorism or any other natural or man-made emergency or disaster or by reasons of threats or occurrences of riots or other acts of civil

disobedience which endanger life or property within the city or the unincorporated areas of the county or portion thereof. The Mayor or Board of Supervisors or other officer of an incorporated city or Chairman of the Board of County Commissioners, if authorized by ordinance or resolution, may by declaration state that an emergency or disaster or a local emergency exists.

• The local emergency declaration along with a request for assistance shall be forwarded to the Chief of NDEM, in an expedient manner.

• The Chief of NDEM will advise the Governor of the situation.

5. State Emergency Declaration Process

Under Nevada Revised Statutes 414.070 a state of emergency ‘‘may be proclaimed by the Governor or by resolution of the legislature if the Governor in his proclamation or the legislature in its resolution, finds that an attack upon the United States has occurred or is anticipated in the immediate future or that a natural disaster of major proportions has actually occurred within this State, and that the safety and welfare of the people of this State require an invocation of the provisions of this section. Any such emergency, whether

proclaimed by the Governor or by the legislature, terminates upon the proclamation of the termination thereof by the Governor or the passage by the legislature of a resolution terminating the emergency.’’

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The Chief of NDEM or his or her designee will initiate a state response as outlined within the SEOC activation procedures of the SCEMP and SEOC SOG. This will activate the process of the NDEM staffing of the SEOC with augmentation from appropriate agencies for the emergency or disaster. Notification of agencies tasked as primary in the Emergency Support Functions (ESF’s) of this plan will be accomplished by the NDEM staff. These agencies will take actions in accordance with this plan and standard operating procedures of their own agency. Specific liabilities and expenses may be incurred to meet contingencies arising from the emergencies or disasters without a state of emergency declaration having been made.

Request for assistance from the Nevada National Guard will be forwarded to the Chief of NDEM. The Chief or his or her designee will evaluate the request and make recommendations to or take action on behalf of the Governor as appropriate. If approved, the request will be relayed to the Office of the Military.

The SEOC SERT Chief will supervise the SEOC and work with local EOC’s to identify potential and existing needs, and coordinate support requirements as the event evolves with the primary ESF agencies.

The Public Information Officer (PIO) will coordinate public information with ESF 15, legislative liaison, outreach and donations activities. Information to the news media and the public will be coordinated with the Joint Information Center (JIC) Manager prior to release.

One or more emergencies or disasters may affect a number of jurisdictions concurrently. In those instances, the state government will conduct multi-jurisdictional response operations. The NDEM will appoint a liaison to coordinate the specific requirements for state assistance within the affected jurisdictions.

If the Governor is considering seeking a Presidential declaration of emergency, NDEM officials, in coordination with other state and local officials, and in accordance with P.L.93-288 (Stafford Act), will:

• Survey the affected areas jointly with the Federal Emergency Management Agency (FEMA) staff, if possible, to determine the extent of private and public damage. • Estimate the types and extent of federal disaster assistance required.

• Consult with the FEMA Regional Director on eligibility for federal disaster assistance. • Advise the FEMA Regional Office if the Governor requests or intends to request a

declaration by the President.

Pursuant to Title 44, Code of Federal Regulations, the Governor may request that the President of the United States issue and emergency or a major disaster declaration. Before making a request, the Governor must declare a state of emergency for Nevada and ensure that all appropriate state and local actions have been taken. The Governor’s request for a major disaster must be based upon 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 government and that federal assistance is necessary. The Governor must furnish information about the extent and nature of state resources which have been or will be used.

The Governor’s Authorized Representative (GAR) and the State Coordinating Officer (SCO) will be appointed by the Governor to coordinate state activities for a presidential declaration.

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The SCO will provide data to those requiring it for reporting purposes. If the SCO cannot resolve a conflict, the matter will be referred to the GAR for final resolution. The SCO will work closely with the Federal Coordinating Officer (FCO), and will be the principle point of contact regarding state and local activities, implementation of the SCEMP, state compliance with any agreement between the federal government and the state and disaster assistance following the presidential declaration of an ‘‘Emergency’’ or ‘‘Major Disaster.’’

For events that do not qualify under the federal government’s definition of a major disaster, the Governor may declare an Emergency to provide assistance to save lives, protect property, public health and safety or lessen or avert the threat of a catastrophe. The procedures for requesting and declaring an emergency are similar to those for major disaster declarations. The request requires information describing state and local efforts, resources used and the type and extent of federal aid necessary. Examples of emergency assistance are: temporary housing, mass care (food, water, and medical care), debris removal and emergency repairs to keep essential facilities operating.

6. Presidential Emergency or Major Disaster Declaration Process

FEMA monitors developing or actual emergencies or disasters. The FEMA Regional Administrator is in close contact with the Governor’s office, NDEM and federal agencies having disaster assistance responsibilities. When federal aid is needed, the Governor or Chief of NDEM will contact the FEMA Regional Administrator for advice and assistance.

A request for assistance must contain a certification by the Governor that the state and/or local governments will assume responsibility for all applicable non-federal share of costs required by the Stafford Act, including an estimate of the types and amounts of

supplementary federal assistance required.

The completed request, addressed to the President, is sent to the FEMA Regional

Administrator. The Regional Administrator makes a recommendation to the Administrator of FEMA, who in turn, recommends a course of action to the President. If the request is denied, the Governor has the right to appeal.

The President of the United States may declare an emergency or disaster in the absence of a Governor’s request (i.e., acts of war, matters of national security and catastrophic events).