JP 3-28, page 36

Chapter II II-2 JP 3-28 Stafford Act provides the authority for the USG to respond to a presidential-declared major disaster or emergency. The act gives the President the authority to establish a program or disaster preparedness and response support, which is delegated to DHS. Under the Stafford Act, states are also responsible for requesting federal emergency assistance for communities within their jurisdiction. In response to an incident, the state helps coordinate and integrate resources and applies them to local needs. (1) Governor. Public safety and welfare of a state’s citizens are fundamental responsibilities of every governor. For the purposes of the NRF, any reference to a state governor also references the chief executive of a US territory. The governor: (a) Coordinates state resources and provides the strategic guidance needed to prevent, mitigate, prepare for, respond to, and recover from incidents of all types. (b) IAW state law, may make, amend, or suspend certain orders or regulations associated with response. (c) Communicates to the public and helps people, businesses, and organizations cope with the consequences of any type of incident. (d) Commands the state military forces (NG personnel not in Title 10, USC, status and state defense forces). (e) Coordinates assistance from other states through interstate mutual-aid and assistance compacts, such as memoranda of agreement (MOAs), memoranda of understanding (MOUs), or via an EMAC. EMACs work in synergy with the federal disaster response system by providing timely resources to states requesting assistance from assisting member states. MOAs, MOUs, or EMACs can be used either in lieu of federal assistance or in conjunction with federal assistance, thus providing a seamless flow of needed goods and services to an impacted state. These mutual-aid agreements further provide another avenue for mitigating limited resources to help ensure maximum use of those limited resources within member states’ inventories. (f) Requests federal assistance including, if appropriate, a Stafford Act presidential declaration of an emergency or major disaster, when it becomes clear that state capabilities will be insufficient or have been exceeded. (g) Coordinates with impacted tribal governments within the state and initiates requests for a Stafford Act presidential declaration of an emergency or major disaster on behalf of an impacted tribe when appropriate. (h) Establishes a DSC upon the mutual agreement with SecDef for the unity of effort and unity of command of federal and state military forces. For additional information on the DSC, see Appendix D, “Department of Defense Dual- Status Commander.”