[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR201.2]

[Page 397-398]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 201_MITIGATION PLANNING--Table of Contents
 
Sec. 201.2  Definitions.

    Grantee means the government to which a grant is awarded, which is 
accountable for the use of the funds provided. The grantee is the entire 
legal entity even if only a particular component of the entity is 
designated in the grant award document. Generally, the State is the 
grantee. However, after a declaration, an Indian tribal government may 
choose to be a grantee, or may act as a subgrantee under the State. An 
Indian tribal government acting as grantee will assume the 
responsibilities of a ``state'', as described in this part, for the 
purposes of administering the grant.
    Hazard mitigation means any sustained action taken to reduce or 
eliminate the long-term risk to human life and property from hazards.
    Hazard Mitigation Grant Program means the program authorized under 
section 404 of the Stafford Act, 42 U.S.C 5170c and implemented at 44 
CFR Part 206, Subpart N, which authorizes funding for certain mitigation 
measures identified through the evaluation of natural hazards conducted 
under section 322 of the Stafford Act 42 U.S.C 5165.
    Indian tribal government means any Federally recognized governing 
body of an Indian or Alaska Native tribe, band, nation, pueblo, village, 
or community that the Secretary of Interior acknowledges to exist as an 
Indian tribe under the Federally Recognized Tribe List Act of 1994, 25 
U.S.C. 479a. This does not include Alaska Native corporations, the 
ownership of which is vested in private individuals.
    Local government is any county, municipality, city, town, township, 
public authority, school district, special district, intrastate 
district, council of governments (regardless of whether the council of 
governments is incorporated as a nonprofit corporation under State law), 
regional or interstate government entity, or agency or instrumentality 
of a local government; any Indian tribe or authorized tribal 
organization, or Alaska Native village or organization; and any rural 
community, unincorporated town or village, or other public entity.
    Managing State means a State to which FEMA has delegated the 
authority to administer and manage the HMGP under the criteria 
established by FEMA pursuant to 42 U.S.C. 5170c(c). FEMA may also 
delegate authority to tribal governments to administer and manage the 
HMGP as a Managing State.
    Regional Director is a director of a regional office of FEMA, or 
his/her designated representative.
    Small and impoverished communities means a community of 3,000 or 
fewer individuals that is identified by the State as a rural community, 
and is not a remote area within the corporate

[[Page 398]]

boundaries of a larger city; is economically disadvantaged, by having an 
average per capita annual income of residents not exceeding 80 percent 
of national, per capita income, based on best available data; the local 
unemployment rate exceeds by one percentage point or more, the most 
recently reported, average yearly national unemployment rate; and any 
other factors identified in the State Plan in which the community is 
located.
    The Stafford Act refers to the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act, Public Law 93-288, as amended (42 U.S.C. 
5121-5206).
    State is any State of the United States, the District of Columbia, 
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands.
    State Hazard Mitigation Officer is the official representative of 
State government who is the primary point of contact with FEMA, other 
Federal agencies, and local governments in mitigation planning and 
implementation of mitigation programs and activities required under the 
Stafford Act.
    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, private non-profit organizations, or Indian tribal 
government. Indian tribal governments acting as a subgrantee are 
accountable to the State grantee.