II. APPLYING FORASSISTANCE FROMFEMA:THE INDIVIDUALS AND HOUSEHOLDS PROGRAM
FEMA provides numerous possible forms of assistance, including public
assistance to state and local governments, hazard mitigation assistance, and individual assistance in the form of case management, programs, and financial assistance. The State of Vermont and your client’s local community is responsible for applying for Public Assistance from FEMA. Non-cash individual assistance (referred to as “Direct Assistance”) may be available in the form of counseling, help finding alternative housing, referrals to non-profit agencies, and in rare instances, the provision of FEMA trailers where alternative housing is unavailable. Vermont 2-1-1 will be able to direct clients to the appropriate forum to seek Direct Assistance in the client’s county or locality. This section deals exclusively with the Individual and Households Program, FEMA’s cash assistance program.
The First Step: Presidential Disaster Declaration When the President of the United States declares a “major disaster” or
“emergency” anywhere in the United States or its territories, federal assistance is made available to supplement the efforts and resources of state and local governments and voluntary relief organizations pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended 42 U.S.C. § 5121-5207. A declaration is only made after the Governor requests federal assistance. 42 U.S.C. § 5170. Under Titles IV and V, the Act authorizes the President to determine whether certain types of assistance will be provided and the conditions under which the aid is distributed.
A “major disaster” is defined as “any natural catastrophe,” including storms, earth
movements, and high water, and “regardless of cause, any fire, flood or explosion.” 42 U.S.C. 5122(2). The definition of “emergency” is not as strict, authorizing the President to determine “any occasion or instance” when federal aid is needed by state an dlocal governments to save lives and property or to address the threat of a catastrophe. The statute also authorizes the President to provide fire suppression assistance to prevent a forest or grassland fire from becoming a major disaster.
The important point for our clients is that federal assistance is available only if a
presidential disaster or emergency is declared. And further, the types of assistance available may be limited under the terms of the declaration. Often, FEMA consults with State and local officials to determine the types of assistance that are needed. Thus, your client may benefit from appeals to her local and State representatives for specific types of assistance that are not yet being offered. After Tropical Storm Irene, a major question for FEMA and state and local representatives was whether or not housing assistance in the form of FEMA trailers was needed in Vermont. The challenge to officials was to pinpoint the level of need for that type of assistance. Because there were no reports of
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