[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR201.2]



[Page 399-400]

 

              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 400]]



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.