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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations
development, as well as businesses, academia, and other private and nonprofit interests to be involved in the planning process;
iii Review and incorporation, if appropriate, of existing plans, studies, and reports; and iv Be integrated to the extent possible with other ongoing Tribal planning efforts as well as other FEMA
programs and initiatives.
2 A risk assessment that provides the factual basis for activities proposed in the strategy to reduce losses from identified hazards. Tribal risk assessments must provide sufficient information to enable the Indian Tribal government to identify and prioritize appropriate mitigation actions to reduce losses from identified hazards. The risk assessment must include:
i A description of the type, location, and extent of all natural hazards that can affect the Tribal planning area. The plan must include information on previous occurrences of hazard events and on the probability of future hazard events.
ii A description of the Indian Tribal governments vulnerability to the hazards described in paragraph c2i of this section. This description must include an overall summary of each hazard and its impact on the Tribe. The plan should describe vulnerability in terms of:
A The types and numbers of existing and future buildings, infrastructure, and critical facilities located in the identified hazard areas;
B An estimate of the potential dollar losses to vulnerable structures identified in paragraph c2iiA of this section and a description of the methodology used to prepare the estimate;
C A general description of land uses and development trends within the Tribal planning area so that mitigation options can be considered in future land use decisions; and D Cultural and sacred sites that are significant, even if they cannot be valued in monetary terms.
3 A mitigation strategy that provides the Indian Tribal governments blueprint for reducing the potential losses identified in the risk assessment, based on existing authorities, policies, programs and resources, and its ability to expand on and improve these existing tools. This section must include:
i A description of mitigation goals to reduce or avoid long-term vulnerabilities to the identified hazards.
ii A section that identifies and analyzes a comprehensive range of specific mitigation actions and projects being considered to reduce the effects of each hazard, with particular emphasis
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on new and existing buildings and infrastructure.
iii An action plan describing how the actions identified in paragraph c3ii of this section will be prioritized, implemented, and administered by the Indian Tribal government.
iv A discussion of the Indian Tribal governments preand post-disaster hazard management policies, programs, and capabilities to mitigate the hazards in the area, including: An evaluation of Tribal laws, regulations, policies, and programs related to hazard mitigation as well as to development in hazard-prone areas; and a discussion of Tribal funding capabilities for hazard mitigation projects.
v Identification of current and potential sources of Federal, Tribal, or private funding to implement mitigation activities.
vi In accordance with 77.6b of this chapter, applicants and subapplicants for FMA project grants must have a FEMA-approved mitigation plan that addresses identified flood hazards and provides for reduction of flood losses to structures for which NFIP coverage is available.
4 A plan maintenance process that includes:
i A section describing the method and schedule of monitoring, evaluating, and updating the mitigation plan.
ii A system for monitoring implementation of mitigation measures and project closeouts.
iii A process by which the Indian Tribal government incorporates the requirements of the mitigation plan into other planning mechanisms such as reservation master plans or capital improvement plans, when appropriate.
iv Discussion on how the Indian Tribal government will continue public participation in the plan maintenance process.
v A system for reviewing progress on achieving goals as well as activities and projects identified in the mitigation strategy.
5 The plan must be formally adopted by the governing body of the Indian Tribal government prior to submittal to FEMA for final review and approval.
6 The plan must include assurances that the Indian Tribal government will comply with all applicable Federal statutes and regulations in effect with respect to the periods for which it receives grant funding, including 2 CFR
parts 200 and 3002. The Indian Tribal government will amend its plan whenever necessary to reflect changes in Tribal or Federal laws and statutes.
d Plan review and updates. 1 Plans must be submitted to the appropriate
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FEMA Regional Office for formal review and approval. Indian Tribal governments who would like the option of being a subrecipient under the State must also submit their plan to the State Hazard Mitigation Officer for review and coordination.
2 The Regional review will be completed within 45 days after receipt from the Indian Tribal government, whenever possible.
3 Indian Tribal governments must review and revise their plan to reflect changes in development, progress in local mitigation efforts, and changes in priorities, and resubmit it for approval within 5 years in order to continue to be eligible for non-emergency Stafford Act assistance and FEMA mitigation grant funding.
PART 206FEDERAL DISASTER
ASSISTANCE
21. The authority citation for part 206
is revised 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 et seq.;
Department of Homeland Security Delegation 9001.1; sec. 1105, Pub. L. 1132, 127 Stat. 43
42 U.S.C. 5189a note.

22. Revise 206.431 to read as follows:

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 the non-Federal entity consisting of a State or Indian Tribal government, applying to FEMA
for a Federal award under the Hazard Mitigation Grant Program. Upon award, the applicant becomes the recipient and may also be a pass-through entity.
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.
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 recipient.
Grant award means total of Federal and non-Federal contributions to complete the approved scope of work.
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. 5131.
This does not include Alaska Native
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