[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR209.2]

[Page 515-516]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 209--SUPPLEMENTAL PROPERTY ACQUISITION AND ELEVATION ASSISTANCE--Table 
of Contents
 
Sec. 209.2  Definitions.

    Except as noted in this part, the definitions listed at Sec.Sec. 
206.2 and 206.431 apply to the implementation of this part.
    Allowable open space uses means recreational and wetland management 
uses including: Parks for outdoor recreational activities; nature 
reserves; cultivation; grazing; camping (except where adequate warning 
time is not available to allow evacuation); temporary storage in the 
open of wheeled vehicles which are easily movable (except mobile homes); 
unimproved, permeable parking lots; and buffer zones. Allowable uses 
generally do not include walled buildings, flood reduction levees, 
highways or other uses that obstruct the natural and beneficial 
functions of the floodplain.
    Applicant means a State agency, local government, or qualified 
private nonprofit organization that submits an application for 
acquisition or elevation assistance to the State or to FEMA.
    Cost-effective means that the mitigation activity will not cost more 
than the anticipated value of the reduction in both direct damages and 
subsequent negative impacts to the area if future disasters were to 
occur. Both costs and benefits will be computed on a net present value 
basis. The State will complete an analysis of the cost effectiveness of 
the project, in accordance with FEMA guidance and using a FEMA-approved 
methodology. FEMA will review the State's analysis.
    Pre-event fair market value means the value a willing buyer would 
have paid and a willing seller would have sold a property for had the 
disaster not occurred.
    Principal residence means a residence that is occupied by the legal 
owner and is the dwelling where the legal owner normally lives during 
the major portion of the calendar year.
    Qualified alien means an alien who meets one of the following 
criteria:
    (1) An alien lawfully admitted for permanent residence under the 
Immigration and Nationality Act (INA);
    (2) An alien granted asylum under section 208 of the INA;
    (3) A refugee admitted to the United States under section 207 of the 
INA;
    (4) An alien paroled into the United States under section 212(d)(5) 
of the INA for at least one year;
    (5) An alien whose deportation is being withheld under section 
243(h) of the INA as in effect prior to April 1, 1997, or section 
241(b)(3) of the INA;
    (6) An alien granted conditional entry pursuant to section 203(a)(7) 
of the INA as in effect prior to April 1, 1980;
    (7) An alien who is a Cuban and Haitian entrant (as defined in 
section 501(e) of the Refugee Education Assistance Act of 1980); or
    (8) An alien who (or whose child or parent) has been battered and 
meets the requirements of 8 U.S.C. 1641(c).
    Qualified private nonprofit organization means an organization with 
a conservation mission as qualified under section 170(h) of the Internal 
Revenue Code of 1954, as amended, and the regulations applicable under 
that section.
    Repetitive Loss Structure means a structure covered by a contract 
for flood insurance under the National Flood Insurance Program (NFIP) 
that has incurred flood-related damage on two occasions during a 10-year 
period, each resulting in at least a $1000 claim payment;
    State Hazard Mitigation Plan means the hazard mitigation plan that 
reflects the State's systematic evaluation of the nature and extent of 
vulnerability to the effects of natural hazards typically present in the 
State and includes a description of actions needed to minimize future 
vulnerability to hazards.
    Subgrantee means the government or other legal entity to which a 
subgrant is awarded and which is accountable to the grantee for the use 
of the funds provided. Subgrantees can be a State agency, local 
government, qualified private nonprofit organizations, or Indian tribes 
as outlined in 44 CFR 206.434;

[[Page 516]]

    Substantial Damage means damage of any origin sustained by a 
structure whereby the cost of restoring the structure to its before-
damage condition would equal or exceed 50 percent of the market value of 
the structure before the damage occurred;
    Uninhabitable means that properties are certified by the appropriate 
State or local official normally empowered to make such certifications 
as meeting one or more of the following criteria:
    (1) Determined by an authorized local government official to be 
substantially damaged, according to National Flood Insurance Program 
criteria contained in 44 CFR 59.1;
    (2) Have been red- or yellow-tagged and declared uninhabitable due 
to environmental contamination by floodwaters, or otherwise determined 
to be uninhabitable by a State or local official in accordance with 
current codes or ordinances; or
    (3) Have been demolished due to damage or environmental 
contamination by floodwaters.
    We, our, or us means FEMA.

[66 FR 32669, June 15, 2001; 66 FR 49554, Sept. 28, 2001]