by Larry C. Johnson

Don’t let Bush off the hook. The White House effort to blame the Governor of Louisiana ignores some critical facts:


The Governor of Louisiana declared a State of Emergency on 26 August 2005, which is a pre-requisite for invoking the Stafford Act:

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FICTION SELECTIONS BELOW THE FOLD:

Gov. Kathleen Babineaux Blanco today issued Proclamation No. 48 KBB 2005, declaring a state of emergency for the state Louisiana as Hurricane Katrina poses an imminent threat, carrying severe storms, high winds, and torrential rain that may cause flooding and damage to private property and public facilities, and threaten the safety and security of the citizens of the state of Louisiana.

The state of emergency extends from Friday, August 26, 2005, through Sunday, September 25, 2005, unless terminated sooner.


The Governor, per the National Response Plan, followed this request with a letter on Saturday, 27 August 2005, invoking the Stafford Act. Note this letter inludes specific requests for aid:


The President

The White House

Washington, D. C.

Through:

Regional Director

FEMA Region VI

800 North Loop 288

Denton, Texas 76209


Dear Mr. President:


Under the provisions of Section 501 (a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. xx 5121-5206 (Stafford Act), and implemented by 44 CFR x 206.35, I request that you declare an emergency for the State of Louisiana due to Hurricane Katrina for the time period beginning August 26, 2005, and continuing.

The affected areas are all the southeastern parishes including the New Orleans Metropolitan area and the mid state Interstate I-49 corridor and northern parishes along the I-20 corridor that are accepting the thousands of citizens evacuating from the areas expecting to be flooded as a result of Hurricane Katrina.


NOTE: THERE IS AN INVALUABLE CHART AT THE END.

In response to the situation I have taken appropriate action under State law and directed the execution of the State Emergency Plan on August 26, 2005 in accordance with Section 501 (a) of the Stafford Act. A State of Emergency has been issued for the State in order to support the evacuations of the coastal areas in accordance with our State Evacuation Plan and the remainder of the state to support the State Special Needs and Sheltering Plan.


Pursuant to 44 CFR ? 206.35, I have determined that this incident is of such severity and magnitude that effective response is beyond the capabilities of the State and affected local governments, and that supplementary Federal assistance is necessary to save lives, protect property, public health, and safety, or to lessen or avert the threat of a disaster. I am specifically requesting emergency protective measures, direct Federal Assistance, Individual and Household Program (IHP) assistance, Special Needs Program assistance, and debris removal.

CONTINUED BELOW:

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Preliminary estimates of the types and amount of emergency assistance needed under the Stafford Act, and emergency assistance from certain Federal agencies under other statutory authorities are tabulated in Enclosure A.

The following information is furnished on the nature and amount of State and local resources that have been or will be used to alleviate the conditions of this emergency:


* Department of Social Services (DSS): Opening (3) Special Need Shelters (SNS) and establishing (3) on Standby.


* Department of Health and Hospitals (DHH): Opening (3) Shelters and establishing (3) on Standby.


* Office of Homeland Security and Emergency Preparedness (OHSEP): Providing generators and support staff for SNS and Public Shelters.


* Louisiana State Police (LSP): Providing support for the phased evacuation of the coastal areas.


* Louisiana Department of Wildlife and Fisheries (WLF): Supporting the evacuation of the affected population and preparing for Search and Rescue Missions.


* Louisiana Department of Transportation and Development (DOTD): Coordinating traffic flow and management of the evacuations routes with local officials and the State of Mississippi.


The following information is furnished on efforts and resources of other Federal agencies, which have been or will be used in responding to this incident:


* FEMA ERT-A Team en-route.


I certify that for this emergency, the State and local governments will assume all applicable non-Federal share of costs required by the Stafford Act.


I request Direct Federal assistance for work and services to save lives and protect property.


(a) List any reasons State and local government cannot perform or contract for performance, (if applicable).


(b) Specify the type of assistance requested.


In accordance with 44 CFR ? 206.208, the State of Louisiana agrees that it will, with respect to Direct Federal assistance:


1. Provide without cost to the United States all lands, easement, and rights-of-ways necessary to accomplish the approved work.


2. Hold and save the United States free from damages due to the requested work, and shall indemnify the Federal Government against any claims arising from such work;


3. Provide reimbursement to FEMA for the non-Federal share of the cost of such work in accordance with the provisions of the FEMA-State Agreement; and


4. Assist the performing Federal agency in all support and local jurisdictional matters.


In addition, I anticipate the need for debris removal, which poses an immediate threat to lives, public health, and safety.


Pursuant to Sections 502 and 407 of the Stafford Act, 42 U.S.C. ?? 5192 & 5173, the State agrees to indemnify and hold harmless the United States of America for any claims arising from the removal of debris or wreckage for this disaster. The State agrees that debris removal from public and private property will not occur until the landowner signs an unconditional authorization for the removal of debris.


I have designated Mr. Art Jones as the State Coordinating Officer for this request. He will work with the Federal Emergency Management Agency in damage assessments and may provide further information or justification on my behalf.


Sincerely,


Kathleen Babineaux Blanco

Governor.


Enclosure


ENCLOSURE A TO EMERGENCY REQUEST


Estimated requirements for other Federal agency programs:


* Department of Social Services (DSS): Opening (3) Special Need Shelters (SNS) and establishing (3) on Standby. Costs estimated at $500,000 per week for each in operation.


* Department of Health and Hospitals (DHH): Opening (3) Shelters and establishing (3) on Standby. Costs estimated at $500,000 per week for each in operation.


* Office of Homeland Security and Emergency Preparedness (OHSEP): Providing generators and support staff for SNS and Public Shelters. Costs estimated to range from $250,000-$500,000 to support (6) Shelter generator operations.


* Louisiana State Police (LSP): Costs to support evacuations – $300,000 for a non-direct landfall.


* Louisiana Department of Wildlife and Fisheries (WLF): Costs to support evacuations – $200,000 for a non-direct landfall.


* Louisiana Department of Transportation and Development (DOTD): Costs to support evacuations – $2,000,000 for a non-direct landfall.


Totals: $ 9,000,000


Estimated Requirements for assistance under the Stafford Act:


Coordination: $0


Technical and advisory assistance: $0


Debris removal: $0


Emergency protective measures: $9,000,000


Individuals and Households Program (IHP): $0


Distribution of emergency supplies: $0


Other (specify): $0


Totals: $ 9,000,000


Grand Total: $ 9,000,000.


President Bush, in keeping with the Stafford Act, issued a declaration of a State of Emergecy on 28 August 2005:


President Bush has declared a state of emergency for the Gulf Coast state of Louisiana, as it braces for the expected onslaught of Hurricane Katrina, set to make landfall on Monday.


Saturday’s emergency declaration authorizes federal officials to coordinate all disaster relief efforts and provide appropriate assistance in several Louisiana parishes.


Hours earlier, Louisiana and neighboring Mississippi declared their own states of emergency in preparation for the storm, and evacuations of low-lying areas began. (From the Voice of America)


Now, according to the National Response Plan , the onus was on the Department of Homeland Security to kick the disaster relief effort into high gear. The State of Louisiana had provided the Feds with a basic list of needs. Overview_of_federal_response_under_staff_1

The dispute over who controls the Louisiana National Guard is a red herring. It has nothing to do with the basic responsibility and clear failure of Federal Officials to do what they were authorized to do under their own National Response Plan.


This chart alone highlights the failure of Chertoff and Brown. If President Bush is in charge he ought to hold them accountable.





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