[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: 44CFR209.2]



[Page 533-534]

 

              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



[[Page 534]]



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;

    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]