[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: 44CFR206.2]



[Page 418-420]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 206_FEDERAL DISASTER ASSISTANCE FOR DISASTERS DECLARED ON OR AFTER 

NOVEMBER 23, 1988--Table of Contents

 

                            Subpart A_General

 

Sec. 206.2  Definitions.



    (a) General. The following definitions have general applicability 

throughout this part:

    (1) The Stafford Act: The Robert T. Stafford Disaster Relief and 

Emergency Assistance Act, Public Law 93-288, as amended.

    (2) Applicant: Individuals, families, States and local governments, 

or private nonprofit organizations who apply for assistance as a result 

of a declaration of a major disaster or emergency.

    (3) Associate Director or Executive Associate Director: (i) Unless 

otherwise specified in subparts A through K of this part, the Associate 

Director or Assistant Director of the Readiness, Response and Recovery 

Directorate, or his/her designated representative.

    (ii) Unless otherwise specified in subparts M and N of this part, 

the Associate Director or Executive Associate Director of the Mitigation 

Directorate, or his/her designated representative.

    (4) Concurrent, multiple major disasters: In considering a request 

for an advance, the term concurrent multiple major disasters means major 

disasters which occur within a 12-month period immediately preceding the 

major disaster for which an advance of the non-Federal share is 

requested pursuant to section 319 of the Stafford Act.

    (5) Contractor: Any individual, partnership, corporation, agency, or 

other entity (other than an organization engaged in the business of 

insurance) performing work by contract for the Federal Government or a 

State or local agency.

    (6) Designated area: Any emergency or major disaster-affected 

portion of a State which has been determined eligible for Federal 

assistance.

    (7) Director: The Director, FEMA.

    (8) Disaster Recovery Manager (DRM): The person appointed to 

exercise the authority of a Regional Director for a particular emergency 

or major disaster.

    (9) Emergency: Any occasion or instance for which, in the 

determination of the President, Federal assistance is needed to 

supplement State and local efforts and capabilities to save lives and to 

protect property and public health and safety, or to lessen or avert the 

threat of a catastrophe in any part of the United States.

    (10) Federal agency: Any department, independent establishment, 

Government corporation, or other agency of the executive branch of the 

Federal Government, including the United States Postal Service, but 

shall not include the American National Red Cross.

    (11) Federal Coordinating Officer (FCO): The person appointed by the 

Director, or in his absence, the Deputy Director, or alternatively the 

Associate Director, to coordinate Federal assistance in an emergency or 

a major disaster.

    (12) Governor: The chief executive of any State or the Acting 

Governor.

    (13) Governor's Authorized Representative (GAR): The person 

empowered by the Governor to execute, on behalf of the State, all 

necessary documents for disaster assistance.

    (14) Hazard mitigation: Any cost effective measure which will reduce 

the potential for damage to a facility from a disaster event.

    (15) Individual assistance: Supplementary Federal assistance 

provided under the Stafford Act to individuals and families adversely 

affected by a major disaster or an emergency. Such assistance may be 

provided directly by the Federal Government or through State or local 

governments or disaster relief organizations. For further information, 

see subparts D, E, and F of these regulations.

    (16) Local government:

    (i) A county, municipality, city, town, township, local public 

authority,



[[Page 419]]



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;

    (ii) An Indian tribe or authorized tribal organization, or Alaska 

Native village or organization; and

    (iii) A rural community, unincorporated town or village, or other 

public entity, for which an application for assistance is made by a 

State or political subdivision of a State.

    (17) Major disaster: Any natural catastrophe (including any 

hurricane, tornado, storm, high water, winddriven water, tidal wave, 

tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, 

or drought), or, regardless of cause, any fire, flood, or explosion, in 

any part of the United States, which in the determination of the 

President causes damage of sufficient severity and magnitude to warrant 

major disaster assistance under this Act to supplement the efforts and 

available resources of States, local governments, and disaster relief 

organizations in alleviating the damage, loss, hardship, or suffering 

caused thereby.

    (18) Mission assignment: Work order issued to a Federal agency by 

the Regional Director, Associate Director, or Director, directing 

completion by that agency of a specified task and citing funding, other 

managerial controls, and guidance.

    (19) Private nonprofit organization: Any nongovernmental agency or 

entity that currently has:

    (i) An effective ruling letter from the U.S. Internal Revenue 

Service granting tax exemption under section 501 (c), (d), or (e) of the 

Internal Revenue Code of 1954; or

    (ii) Satisfactory evidence from the State that the organization or 

entity is a nonprofit one organized or doing business under State law.

    (20) Public Assistance: Supplementary Federal assistance provided 

under the Stafford Act to State and local governments or certain 

private, nonprofit organizations other than assistance for the direct 

benefit of individuals and families. For further information, see 

subparts G and H of this part. Fire Management Assistance Grants under 

section 420 of the Stafford Act are also considered Public Assistance. 

See subpart K of this part and part 204 of this chapter.

    (21) Regional Director: A director of a regional office of FEMA, or 

his/her designated representative. As used in these regulations, 

Regional Director also means the Disaster Recovery Manager who has been 

appointed to exercise the authority of the Regional Director for a 

particular emergency or major disaster.

    (22) State: 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.

    (23) State Coordinating Officer (SCO): The person appointed by the 

Governor to act in cooperation with the Federal Coordinating Officer to 

administer disaster recovery efforts.

    (24) State emergency plan: As used in section 401 or section 501 of 

the Stafford Act means that State plan which is designated specifically 

for State-level response to emergencies or major disasters and which 

sets forth actions to be taken by the State and local governments, 

including those for implementing Federal disaster assistance.

    (25) Temporary housing: Temporary accommodations provided by the 

Federal Government to individuals or families whose homes are made 

unlivable by an emergency or a major disaster.

    (26) United States: The 50 States, the District of Columbia, Puerto 

Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of 

the Northern Mariana Islands.

    (27) Voluntary organization: Any chartered or otherwise duly 

recognized tax-exempt local, State, or national organization or group 

which has provided or may provide needed services to the States, local 

governments, or individuals in coping with an emergency or a major 

disaster.



[[Page 420]]



    (b) Additional definitions. Definitions which apply to individual 

subparts are found in those subparts.



[54 FR 11615, Mar. 21, 1989, as amended at 63 FR 17110, Apr. 8, 1998; 66 

FR 57352, 57353, Nov. 14, 2001; 69 FR 24083, May 3, 2004]