44 Cfr 206.431

Federal Emergency Management Agency, DHS
Stafford Act and 44 CFR part 201 can
assist State and local governments in
determining where codes, specifications, and standards are inadequate,
and may need to be upgraded.
§ 206.401

Local standards.

The cost of repairing or constructing
a facility in conformity with minimum
codes, specifications and standards
may be eligible for reimbursement
under section 406 of the Stafford Act,
as long as such codes, specifications,
and standards meet the criteria that
are listed at 44 CFR 206.226(d).
[74 FR 47482, Sept. 16, 2009]

§ 206.402

Compliance.

A recipient of disaster assistance
under the Stafford Act must document
for the Regional Administrator its
compliance with this subpart following
the completion of any repair or construction activities.

Subpart N—Hazard Mitigation
Grant Program
SOURCE: 55 FR 35537, Aug. 30, 1990, unless
otherwise noted.

§ 206.430

General.

This subpart provides guidance on
the administration of hazard mitigation grants made under the provisions
of section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5170c, hereafter
Stafford Act, or the Act.
[59 FR 24356, May 11, 1994]

§ 206.431

Definitions.

Activity means any mitigation measure, project, or action proposed to reduce risk of future damage, hardship,
loss or suffering from disasters.
Applicant means a State agency, local
government, Indian tribal government,
or eligible private nonprofit organization, submitting an application to the
grantee for assistance under the
HMGP.
Enhanced State Mitigation Plan is the
hazard mitigation plan approved under
44 CFR part 201 as a condition of receiving increased funding under the
HMGP.

§ 206.431

Grant application means the request
to FEMA for HMGP funding, as outlined in § 206.436, by a State or tribal
government that will act as grantee.
Grant award means total of Federal
and non-Federal contributions to complete the approved scope of work.
Grantee means the government to
which a grant is awarded and 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 for which the major
disaster is declared is the grantee.
However, an Indian tribal government
may choose to be a grantee, or it may
act as a subgrantee under the State.
An Indian tribal government acting as
a grantee will assume the responsibilities of a ‘‘state’’, under this subpart,
for the purposes of administering the
grant.
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
Indian 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 Mitigation Plan is the hazard
mitigation plan required of a local government acting as a subgrantee as a
condition of receiving a project
subgrant under the HMGP as outlined
in 44 CFR 201.6.
Standard State Mitigation Plan is the
hazard mitigation plan approved under
44 CFR part 201, as a condition of receiving Stafford Act assistance as outlined in § 201.4.
State Administrative Plan for the Hazard Mitigation Grant Program means the
plan developed by the State to describe
the procedures for administration of
the HMGP.
Subgrant means an award of financial
assistance under a grant by a grantee
to an eligible subgrantee.
Subgrant application means the request to the grantee for HMGP funding
by the eligible subgrantee, as outlined
in § 206.436.

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§ 206.432

44 CFR Ch. I (10–1–14 Edition)

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 nonprofit organizations, or Indian tribal
government as outlined in § 206.433. Indian tribal governments acting as a
subgrantee are accountable to the
State grantee.
Tribal Mitigation Plan is the hazard
mitigation plan required of an Indian
Tribal government acting as a grantee
or subgrantee as a condition of receiving a project grant or subgrant under
the HMGP as outlined in 44 CFR 201.7.
[67 FR 8852, Feb. 26, 2002, as amended at 74
FR 47482, Sept. 16, 2009; 74 FR 60214, Nov. 20,
2009]

§ 206.432 Federal grant assistance.
(a) General. This section describes the
extent of Federal funding available
under the State’s grant, as well as limitations and special procedures applicable to each.
(b) Amounts of Assistance. The total
Federal contribution of funds is based
on the estimated aggregate grant
amount to be made under 42 U.S.C.
5170b, 5172, 5173, 5174, 5177, and 5183 of
the Stafford Act for the major disaster
(less associated administrative costs),
and shall be as follows:
(1) Standard percentages. Not to exceed
15
percent
for
the
first
$2,000,000,000 or less of such amounts;
not to exceed 10 percent of the portion
of such amounts over $2,000,000,000 and
not more than $10,000,000,000; and not
to exceed 7.5 percent of the portion of
such amounts over $10,000,000,000 and
not more than $35,333,000,000.
(2) Twenty (20) percent. A State with
an approved Enhanced State Mitigation Plan, in effect before the disaster
declaration, which meets the requirements outlined in § 201.5 of this subchapter shall be eligible for assistance
under the HMGP not to exceed 20 percent of such amounts, for amounts not
more than $35.333 billion.
(3) The estimates of Federal assistance under this paragraph (b) shall be
based on the Regional Administrator’s
estimate of all eligible costs, actual
grants, and appropriate mission assignments.

(c) Cost sharing. All mitigation measures approved under the State’s grant
will be subject to the cost sharing provisions established in the FEMA-State
Agreement. FEMA may contribute up
to 75 percent of the cost of measures
approved for funding under the Hazard
Mitigation Grant Program for major
disasters declared on or after June 10,
1993. FEMA may contribute up to 50
percent of the cost of measures approved for funding under the Hazard
Mitigation Grant Program for major
disasters declared before June 10, 1993.
The nonFederal share may exceed the
Federal share. FEMA will not contribute to costs above the Federally approved estimate.
[55 FR 35537, Aug. 30, 1990, as amended at 59
FR 24356, May 11, 1994; 67 FR 8853, Feb. 26,
2002; 67 FR 61515, Oct. 1, 2002; 69 FR 55097,
Sept. 13, 2004; 72 FR 61750, Oct. 31, 2007; 74 FR
47482, Sept. 16, 2009]

§ 206.433

State responsibilities.

(a) Grantee. The State will be the
Grantee to which funds are awarded
and will be accountable for the use of
those funds. There may be subgrantees
within the State government.
(b) Priorities. The State will determine priorities for funding. This determination must be made in conformance with § 206.435.
(c) Hazard Mitigation Officer. The
State must appoint a Hazard Mitigation Officer who serves as the responsible individual for all matters related
to the Hazard Mitigation Grant Program.
(d) Administrative plan. The State
must have an approved administrative
plan for the Hazard Mitigation Grant
Program in conformance with § 206.437.
[55 FR 35537, Aug. 30, 1990, as amended at 72
FR 61750, Oct. 31, 2007]

§ 206.434

Eligibility.

(a) Applicants. The following are eligible to apply for the Hazard Mitigation Program Grant:
(1) State and local governments;
(2) Private nonprofit organizations
that own or operate a private nonprofit
facility as defined in § 206.221(e). A
qualified conservation organization as
defined at § 80.3(h) of this chapter is the

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