[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 44CFR7.2]



[Page 65-66]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

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

                                SECURITY

 

PART 7_NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS (FEMA REG. 5)

--Table of Contents

 

      Subpart A_Nondiscrimination in FEMA-Assisted Programs_General

 

Sec.  7.2  Definitions.



    As used in this regulation:

    (a) The term responsible agency official with respect to any program 

receiving Federal financial assistance means the Director of the Federal 

Emergency Management Agency or other official of the agency who by law 

or by delegation has the principal responsibility within the agency for 

the administration of the law extending such assistance.

    (b) The term United States means the States of the United States, 

the District of Columbia, Puerto Rico, the Virgin Islands, American 

Samoa, Guam, Wake Island, the Canal Zone, and the territories and 

possessions of the United States, and the term State means any one of 

the foregoing.

    (c) The term Federal financial assistance includes (1) grants and 

loans of Federal funds, (2) the grant or donation of Federal property 

and interests in property, (3) the detail of Federal personnel, (4) the 

sale and lease of, and the permission to use (on other than a casual or 

transient basis), Federal property or any interest in such property 

without consideration or at a nominal consideration, or at a 

consideration which is reduced for the purpose of assisting the 

recipient, or in recognition of the public interest to be served by such 

sale or lease to the recipient, and (5) any Federal agreement, 

arrangement, or other contract which has as one of its purposes the 

provision of assistance.

    (d) The terms program or activity and program mean all of the 

operations of any entity described in paragraphs (d)(1) through (4) of 

this section, any part of which is extended Federal financial 

assistance:

    (1)(i) A department, agency, special purpose district, or other 

instrumentality of a State or of a local government; or

    (ii) The entity of such State or local government that distributes 

such assistance and each such department or agency (and each other State 

or local government entity) to which the assistance is extended, in the 

case of assistance to a State or local government;

    (2)(i) A college, university, or other postsecondary institution, or 

a public system of higher education; or

    (ii) A local educational agency (as defined in 20 U.S.C. 7801), 

system of vocational education, or other school system;

    (3)(i) An entire corporation, partnership, or other private 

organization, or an entire sole proprietorship--

    (A) If assistance is extended to such corporation, partnership, 

private organization, or sole proprietorship as a whole; or



[[Page 66]]



    (B) Which is principally engaged in the business of providing 

education, health care, housing, social services, or parks and 

recreation; or

    (ii) The entire plant or other comparable, geographically separate 

facility to which Federal financial assistance is extended, in the case 

of any other corporation, partnership, private organization, or sole 

proprietorship; or

    (4) Any other entity which is established by two or more of the 

entities described in paragraph (d)(1), (2), or (3) of this section.

    (e) The term facility includes all or any portion of structure, 

equipment, or other real or personal property or interests therein, and 

the provision of facilities includes the construction, expansion, 

renovation, remodeling, alteration or acquisition of facilities.

    (f) The term recipient means any State, political subdivision of any 

State, or instrumentality of any State or political subdivision, any 

public or private agency, institution, or organization, or other entity, 

or any individual, in any State, to whom Federal financial assistance is 

extended, directly or through another recipient, including any 

successor, assign, or transferee thereof, but such term does not include 

any ultimate beneficiary.

    (g) The term primary recipient means any recipient which is 

authorized or required to extend Federal financial assistance to another 

recipient.

    (h) The term applicant means one who submits an application, 

request, or plan required to be approved by a responsible agency 

official, or by a primary recipient, as a condition to eligibility for 

Federal financial assistance, and the term application means such an 

application, request, or plan.



[30 FR 321, Jan. 9, 1965. Redesignated at 45 FR 44575, July 1, 1980, and 

further redesignated at 55 FR 23078, June 6, 1990. 68 FR 51379, Aug. 26, 

2003]