[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: 44CFR209.3]



[Page 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. 209.3  Roles and responsibilities.



    The following describes the general roles of FEMA, the State, local 

communities or other organizations that receive grant assistance, and 

participating homeowners.

    (a) Federal. We will notify States about the availability of funds, 

and will allocate available funding to States that received major 

disaster declarations during the period covered by the supplemental 

authority. Our Regional Directors will verify project eligibility, 

provide technical assistance to States upon request, make grant awards, 

and oversee program implementation.

    (b) State. The State will be the Grantee to which we award funds and 

will be accountable for the use of those funds. The State will determine 

priorities for funding within the State. This determination must be made 

in conformance with the HMGP project identification and selection 

criteria (44 CFR 206.435). The State also will provide technical 

assistance and oversight to applicants for project development and to 

subgrantees for project implementation. The State will report program 

progress and results to us. The States also will recover and return to 

us any funds made available from other sources for the same purposes. 

When Native American tribes apply directly to us, they will be the 

grantee and carry out ``state'' roles.

    (c) Applicant (pre-award) and subgrantee (post-award). The applicant 

(a State agency, local government, or qualified private nonprofit 

organization) will coordinate with interested homeowners to complete an 

application to the State. The subgrantee implements all approved 

projects, generally takes title to all property, and agrees to dedicate 

and maintain the property in perpetuity for uses compatible with open-

space, recreational, or wetlands management practices. The subgrantee 

will receive, review and make final decisions about any appraisal 

disputes that are brought by participating homeowners. The subgrantee is 

accountable to the State, as well as to us, for the use of funds.

    (d) Participating homeowners. The participating homeowners will 

notify the community of their interest to participate; provide necessary 

information to the community coordinator about property ownership, 

disaster damage, and other disaster benefits received or available; 

review the offer made from the community; and accept it or request a 

review appraisal.