Disaster 101

The federal government defines “major disaster” as “any natural catastrophe (including any hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, in any part of the United States, which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under this chapter to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby.” 42 U.S. Code § 5122(2). But the term “disaster” is often used as shorthand for “major disaster” and carries the same meaning.

Disaster Legal Services and other resources are made available upon a presidential declaration of a disaster under the Stafford Act. The Act requires state governors and federally recognized Native American tribes to request a presidential declaration in order to receive federal assistance. The president can authorize federal aid for state, tribal, and local governments and some nonprofit organizations, such as Legal Services of North Dakota for Disaster Legal Services programming. Not all assistance may be made available when there is a presidential emergency declaration. Sometimes, only Public Assistance is available for infrastructure repair or community cleanup, but Individual Assistance is not made available for household repairs. Or vice versa. The type of assistance authorized will depend on the needs of the community, the severity of the disaster, and the resources requested by the state, local, or tribal government.

There are three types of assistance available under a presidential emergency declaration:

• Volunteer attorneys can provide pro bono disaster legal services when Legal Services of North Dakota or other Legal Aid organizations are activated to provide such services. Although you are volunteering your time, providing legal services to disaster survivors requires funding for systems and support. All Disaster Legal Services funding comes from the Individual Assistance category of FEMA resources. 
• Volunteer attorneys can also help disaster survivors understand the assistance programs available to them and their communities, apply for assistance, and appeal FEMA determinations.