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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations adjusted by applicable additions and deductions, resulting in a final offer amount to a property owner.
h Qualified alien means a person within the meaning of the term as defined at 8 U.S.C. 1641.
i Qualified conservation organization means a qualified organization with a conservation purpose pursuant to 26 CFR 1.170A14
and applicable implementing regulations, that is such an organization at the time it acquires the property interest and that was such an organization at the time of the major disaster declaration, or for at least 2
years prior to the opening of the grant application period.
j Recipient means the State or Tribal government that receives a Federal award directly from FEMA. A recipient may also be a pass-through entity. The term recipient does not include subrecipients.
k Subapplicant means the entity that submits an application for FEMA
mitigation assistance to the State or Indian Tribal applicant/recipient. With respect to open space acquisition projects under the Hazard Mitigation Grant Program HMGP, this term has the same meaning as given to the term applicant in part 206, subpart N of this chapter. Upon grant award, the subapplicant is referred to as the subrecipient.
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.
m Subrecipient means the State agency, community or Indian Tribal government or other legal entity to which a subaward is awarded and which is accountable to the recipient for the use of the funds provided.
n Administrator means the head of the Federal Emergency Management Agency, or his/her designated representative.
o Regional Administrator means the head of a Federal Emergency Management Agency regional office, or his/her designated representative.
80.5

Amended
7. Amend 80.5 by:
a. Removing the word grantee wherever it appears and adding in its place the word recipient; and b. Removing the word subgrantee wherever it appears and adding in its place the word subrecipient.
8. Amend 80.9 by revising paragraphs b and c to read as follows:

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80.9

Eligible and ineligible costs.

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b Pre-award costs. FEMA may fund eligible pre-award project costs at its discretion and as funds are available.
Recipients and subrecipients may be reimbursed for eligible pre-award costs for activities directly related to the development of the project proposal.
These costs can only be incurred during the open application period of the respective grant program. Costs associated with implementation of the project but incurred prior to grant award are not eligible. Therefore, activities where implementation is initiated or completed prior to award are not eligible and will not be reimbursed.
c Duplication of benefits. Grant funds may not duplicate benefits received by or available to applicants, subapplicants and other project participants from insurance, other assistance programs, legal awards, or any other source to address the same purpose. Such individual or entity must notify the subapplicant and FEMA of all benefits that it receives, anticipates, or has available from other sources for the same purpose. FEMA will reduce the subaward by the amounts available for the same purpose from another source.

9. Amend 80.11 by revising paragraph a to read as follows:
80.11

Project eligibility.

a Voluntary participation. Eligible acquisition projects are those where the property owner participates voluntarily, and the recipient/subrecipient will not use its eminent domain authority to acquire the property for the open space purposes should negotiations fail.

10. Amend 80.13 by revising paragraph a3 to read as follows:
80.13

Application information.

a
3 The deed restriction language, which must be consistent with the FEMA model deed restriction that the local government will record with the property deeds. Any variation from the model deed restriction language can only be made with prior approval from FEMAs Office of Chief Counsel;

11. Revise 80.17 to read as follows:
80.17

Project implementation.

a Hazardous materials. The subrecipient must take steps to ensure it does not acquire or include in the project properties contaminated with hazardous materials by seeking information from property owners and from other sources on the use and presence of contaminants affecting the
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property from owners of properties that are or were industrial or commercial, or adjacent to such. A contaminated property must be certified clean prior to participation. This excludes permitted disposal of incidental demolition and household hazardous wastes. FEMA
mitigation grant funds may not be used for clean up or remediation of contaminated properties.
b Clear title. The subrecipient will obtain a title insurance policy demonstrating that fee title conveys to the subrecipient for each property to ensure that it acquires only a property with clear title. The property interest generally must transfer by a general warranty deed. Any incompatible easements or other encumbrances to the property must be extinguished before acquisition.
c Purchase offer and supplemental payments. 1 The amount of purchase offer is the current market value of the property or the market value of the property immediately before the relevant event affecting the property pre-event.
i The relevant event for Robert T.
Stafford Disaster Relief and Emergency Assistance Act assistance under HMGP
is the major disaster under which funds are available; for assistance under the Pre-disaster Mitigation program PDM
42 U.S.C. 5133, it is the most recent major disaster. Where multiple disasters have affected the same property, the recipient and subrecipient will determine which is the relevant event.
ii The relevant event for assistance under the National Flood Insurance Act is the most recent event resulting in a National Flood Insurance Program NFIP claim of at least $5,000.
2 The recipient should coordinate with the subrecipient in their determination of whether the valuation should be based on pre-event or current market value. Generally, the same method to determine market value should be used for all participants in the project.
3 A property owner who did not own the property at the time of the relevant event, or who is not a National of the United States or qualified alien, is not eligible for a purchase offer based on pre-event market value of the property. Subrecipients who offer preevent market value to the property owner must have already obtained certification during the application process that the property owner is either a National of the United States or a qualified alien.
4 Certain tenants who must relocate as a result of the project are entitled to relocation benefits under the Uniform Relocation Assistance and Real Property
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