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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations
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2 At the time of the second incidence of flood related damage, the contract for flood insurance contains increased cost of compliance coverage.
j Severe repetitive loss structure means a structure that is covered under an NFIP flood insurance policy and has incurred flood-related damage:
1 For which 4 or more separate claims payments have been made under flood insurance coverage under subchapter B of this chapter, with the amount of each claim including building and contents payments exceeding $5,000, and with the cumulative amount of such claims payments exceeding $20,000; or 2 For which at least 2 separate flood insurance claims payments building payments only have been made, with cumulative amount of such claims exceeding the value of the insured structure.
k State means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
l Subaward means an award provided by a pass-through entity to a subrecipient, for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the passthrough entity considers a contract.
m Subapplicant means a State agency, community, or Indian Tribal government submitting a subapplication to the applicant for assistance under the FMA program. Upon grant award, the subapplicant is referred to as the subrecipient.
n Subrecipient means the State agency, community, or Indian Tribal government that receives a subaward from a pass-through entity for the subrecipient to carry out an activity under the FMA program.
o Administrator means the head of the Federal Emergency Management Agency, or his/her designated representative.
p Regional Administrator means the head of a Federal Emergency Management Agency regional office, or his/her designated representative.
77.3

Responsibilities.

a Federal Emergency Management Agency FEMA. Administer and provide oversight to all FEMA-related hazard mitigation programs and grants, including:

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1 Issue program implementation procedures, as necessary, which will include information on availability of funding;
2 Award all grants to the recipient after evaluating subaward applications for eligibility and ensuring compliance with applicable Federal laws, giving priority to such properties, or to the subset of such properties, as the Administrator may determine are in the best interest of the NFIF;
3 Provide technical assistance and training to State, local and Indian Tribal governments regarding the mitigation and grants management process;
4 Review and approve State, Indian Tribal, and local mitigation plans in accordance with part 201 of this chapter;
5 Comply with applicable Federal statutory, regulatory, and Executive Order requirements related to environmental and historic preservation compliance, including reviewing and supplementing, if necessary, the environmental analyses conducted by the State and subrecipient in accordance with applicable laws, regulations, and agency policy;
6 Monitor implementation of awards through quarterly reports; and 7 Review all closeout documentation for compliance and sending the recipient a request for additional supporting documentation, if needed.
b Recipient. The recipient must have working knowledge of NFIP goals, requirements, and processes and ensure that the program is coordinated with other mitigation activities. Recipients will:
1 Have a FEMA approved Mitigation Plan in accordance with part 201 of this chapter;
2 Provide technical assistance and training to communities on mitigation planning, mitigation project activities, developing subaward applications, and implementing approved subawards;
3 Prioritize and recommend subaward applications to be approved by FEMA, based on the applicable mitigation plans, other evaluation criteria, and the eligibility criteria described in 77.6;
4 Award FEMA-approved subawards;
5 Monitor and evaluate the progress of the mitigation activity in accordance with the approved original scope of work and budget through quarterly reports;
6 Closeout the subaward in accordance with 2 CFR 200.344 and 200.345, and applicable FEMA
guidance; and 7 Comply with program requirements under this part, grant
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management requirements identified under 2 CFR parts 200 and 3002, the grant agreement articles, and other applicable Federal, State, Tribal and local laws and regulations.
c Subrecipient. The subrecipient or subapplicant, as applicable will:
1 Complete and submit subaward applications to the recipient for FMA
planning and project subawards;
2 Implement all approved subawards;
3 Monitor and evaluate the progress of the mitigation activity in accordance with the approved original scope of work and budget through quarterly reports;
4 Comply with program requirements under this part, grant management requirements identified under 2 CFR parts 200 and 3002, the grant agreement articles, and other applicable Federal, State, Tribal and local laws and regulations; and 5 Closeout the subaward in accordance with 2 CFR 200.344 and 200.345, and applicable FEMA
guidance.
77.4

Availability of funding.

a Allocation. 1 For the amount made available for the FMA program, the Administrator will allocate the available funds based upon criteria established for each application period.
The criteria may include the number of NFIP policies, severe repetitive loss structures, repetitive loss structures, and any other factors the Administrator determines are in the best interests of the NFIF.
2 The amount of FMA funds used may not exceed $50,000 for any mitigation plan of a State or $25,000 for any mitigation plan of a community.
b Cost share. All mitigation activities approved under the grant will be subject to the following cost share provisions:
1 For each severe repetitive loss structure, FEMA may contribute either:
i Up to 100 percent of all eligible costs if the activities are technically feasible and cost effective; or ii Up to the amount of the expected savings to the NFIP for acquisition or relocation activities;
2 For repetitive loss structures, FEMA may contribute up to 90 percent of the eligible costs;
3 For all other mitigation activities, FEMA may contribute up to 75 percent of all eligible costs.
4 For projects that contain a combination of severe repetitive loss, repetitive loss, and/or other insured structures, the cost share will be calculated as appropriate for each type of structure submitted in the project subapplication.

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