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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations 80.21

Closeout requirements.

Upon closeout of the grant, the subrecipient, through the recipient, must provide FEMA, with the following:

d Identification of each property as a repetitive loss structure, if applicable;
and

PART 201MITIGATION PLANNING
14. Revise the authority citation for part 201 to read as follows:

Authority: Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121 through 5207; Homeland Security Act of 2002, 6 U.S.C. 101; National Flood Insurance Act of 1968, 42 U.S.C.
4104c.

15. Amend 201.1 by revising paragraph a to read as follows:

201.1

Purpose.

a The purpose of this part is to provide information on the policies and procedures for mitigation planning as required by the provisions of section 322 of the Stafford Act, 42 U.S.C. 5165, and section 1366 of the National Flood Insurance Act of 1968, 42 U.S.C. 4104c.

16. Revise 201.2 to read as follows:

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201.2

Definitions.

Administrator means the head of the Federal Emergency Management Agency, or his/her designated representative.
Applicant means the entity applying to FEMA for a Federal award that will be accountable for the use of funds.
Federal award means the Federal financial assistance that a recipient or subrecipient receives directly from FEMA or indirectly from a pass-through entity. The term grant or award may also be used to describe a Federal award under this part.
Flood Mitigation Assistance FMA
means the program authorized by section 1366 of the National Flood Insurance Act of 1968, as amended, 42
U.S.C. 4104c, and implemented at part 77.
Hazard mitigation means any sustained action taken to reduce or eliminate the long-term risk to human life and property from hazards.
Hazard Mitigation Grant Program HMGP means the program authorized under section 404 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5170c, and implemented at part 206, subpart N of this chapter.
Indian Tribal government means any Federally recognized governing body of
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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. 5131.
This does not include Alaska Native corporations, the ownership of which is vested in private individuals.
Local government is any county, municipality, city, town, township, public authority, school district, special district, intrastate district, council of governments regardless of whether the council of governments is incorporated as a nonprofit corporation under State law, regional or interstate government entity, or agency or instrumentality of a local government; any Indian Tribe or authorized Tribal organization, or Alaska Native village or organization;
and any rural community, unincorporated town or village, or other public entity.
Managing State means a State to which FEMA has delegated the authority to administer and manage the HMGP under the criteria established by FEMA pursuant to 42 U.S.C. 5170cc.
FEMA may also delegate authority to Tribal governments to administer and manage the HMGP as a Managing State.
Pass-through entity means a recipient that provides a subaward to a subrecipient to carry out part of a Federal program.
Pre-Disaster Mitigation Program PDM means the program authorized under section 203 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5133.
Regional Administrator means the head of a Federal Emergency Management Agency regional office, or his/her designated representative.
Recipient means the government that receives a Federal award directly from FEMA. A recipient may also be a passthrough entity. The term recipient does not include subrecipients. The recipient is the entire legal entity even if only a particular component of the entity is designated in the grant award document. Generally, the State is the recipient. However, an Indian Tribal government may choose to be a recipient, or may act as a subrecipient under the State. An Indian Tribal government acting as recipient will assume the responsibilities of a State, as described in this part, for the purposes of administering the grant.
Repetitive loss structure means a structure as defined at 77.2 of this chapter.
Severe repetitive loss structure is a structure as defined at 77.2 of this chapter.

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Small and impoverished communities means a community of 3,000 or fewer individuals that is identified by the State as a rural community, and is not a remote area within the corporate boundaries of a larger city; is economically disadvantaged, by having an average per capita annual income of residents not exceeding 80 percent of national, per capita income, based on best available data; the local unemployment rate exceeds by one percentage point or more, the most recently reported, average yearly national unemployment rate; and any other factors identified in the State Plan in which the community is located.
The Stafford Act refers to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93288, as amended 42 U.S.C. 5121
5207.
State is 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.
State Hazard Mitigation Officer is the official representative of State government who is the primary point of contact with FEMA, other Federal agencies, and local governments in mitigation planning and implementation of mitigation programs and activities required under the Stafford Act.
Subapplicant means an entity submitting a subapplication to the applicant for a subaward to carry out part of a Federal award.
Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award.
Subrecipient means the entity that receives a subaward from a pass-through entity. Depending on the program, subrecipients of hazard mitigation assistance subawards can be a State agency, local government, private nonprofit organization, or Indian Tribal government. Subrecipients of FMA
subawards can be a State agency, community, or Indian Tribal government, as described in 44 CFR part 77. Indian Tribal governments acting as a subrecipient are accountable to the State recipient.
17. Amend 201.3 by revising paragraphs a, b2, c1, and e1 to read as follows:
201.3

Responsibilities.

a General. This section identifies the key responsibilities of FEMA, States, and local/Tribal governments in carrying out section 322 of the Stafford Act, 42 U.S.C. 5165.

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