According to the Stafford Act, under what condition can the President declare a major disaster?

The Stafford Act allows the President to declare a major disaster primarily when a Governor or tribal Chief Executive requests such a declaration, certifying that the state's or tribe's resources are overwhelmed by the incident. This process acknowledges that local and state governments are often the first responders during disasters, and they have the initial authority and understanding of the extent of the damage and necessary resources required to respond effectively.

By requiring a formal request and certification of overwhelmed capacity from the state or tribal leadership, the Stafford Act ensures that federal support is directed where it is most needed and that local jurisdictions have made an earnest effort to manage the disaster with their available resources before requesting federal assistance. This mechanism also helps to coordinate the response efforts between federal and state levels, promoting an efficient disaster response and recovery structure.