Federal Register - September 10, 2021

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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations corporations, the ownership of which is vested in private individuals. Indian Tribal governments have the option to apply as an applicant or subapplicant.
Local Mitigation Plan is the hazard mitigation plan required of a local government acting as a subrecipient as a condition of receiving a project subaward under the HMGP as outlined in 44 CFR 201.6.
Pass-through entity means a recipient that provides a subaward to a subrecipient.
Recipient means the State or Indian 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. 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.
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 of this chapter.
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.
Subapplicant means the State agency, local government, eligible private nonprofit organization, or Indian Tribal government submitting a subapplication to the applicant for financial assistance under HMGP. Upon award, the subapplicant becomes the subrecipient.
Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award.
Subaward application means the request to the recipient for HMGP
funding by the eligible subrecipient, as outlined in 206.436.
Subrecipient means the 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. Subrecipients can be a State agency, local government, private nonprofit organization, or Indian Tribal government as outlined in 206.433. Indian Tribal governments acting as a subrecipient are accountable to the State recipient.
Tribal Mitigation Plan is the hazard mitigation plan required of an Indian
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Tribal government acting as a recipient or subrecipient as a condition of receiving a project award or subaward under the HMGP as outlined in 44 CFR
201.7.
23. Amend 206.432 by revising paragraphs b introductory text, b2
and 3, and c to read as follows:
206.432

Federal grant assistance.

b Amounts of assistance. The total Federal contribution of funds is based on the estimated aggregate grant amount to be made under the Stafford Act for the major disaster less associated administrative costs, and must be as follows:

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 will 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 will be based on the Regional Administrators estimate of all eligible costs, actual grants, and appropriate mission assignments.
c Cost sharing. All mitigation measures approved under the States grant will be subject to the cost sharing provisions established in the FEMAState 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. The non-Federal share may exceed the Federal share. FEMA will not contribute to costs above the Federally approved estimate.
24. Amend 206.433 by revising paragraph a to read as follows:
206.433

State responsibilities.

a Recipient. The State will be the recipient to which funds are awarded and will be accountable for the use of those funds. There may be subrecipients within the State government.

25. Amend 206.434 by revising paragraphs a, b, c1 and 5, d1, and e to read as follows:
206.434

Eligibility.

a Eligible entities. The following are eligible to apply for the Hazard Mitigation Program Grant:
1 ApplicantsStates and Indian Tribal governments;
2 Subapplicantsi State agencies and local governments;

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ii Private nonprofit organizations that own or operate a private nonprofit facility as defined in 206.221e. A
qualified conservation organization as defined at 80.3h of this chapter is the only private nonprofit organization eligible to apply for acquisition or relocation for open space projects;
iii Indian Tribal governments.
b Plan requirement. 1 Local and Indian Tribal government applicants for project subawards must have an approved local or Tribal Mitigation Plan in accordance with 44 CFR part 201
before receipt of HMGP subaward funding for projects.
2 Regional Administrators may grant an exception to this requirement in extraordinary circumstances, such as in a small and impoverished community when justification is provided. In these cases, a plan will be completed within 12 months of the award of the project subaward. If a plan is not provided within this timeframe, the project subaward will be terminated, and any costs incurred after notice of subawards termination will not be reimbursed by FEMA.
c
1 Be in conformance with the State Mitigation Plan and Local or Tribal Mitigation Plan approved under 44 CFR
part 201; or for Indian Tribal governments acting as recipients, be in conformance with the Tribal Mitigation Plan approved under 44 CFR 201.7;

5 Be cost-effective and substantially reduce the risk of future damage, hardship, loss, or suffering resulting from a major disaster. The recipient must demonstrate this by documenting that the project;
i Addresses a problem that has been repetitive, or a problem that poses a significant risk to public health and safety if left unsolved, ii Will not cost more than the anticipated value of the reduction in both direct damages and subsequent negative impacts to the area if future disasters were to occur, iii Has been determined to be the most practical, effective, and environmentally sound alternative after consideration of a range of options, iv Contributes, to the extent practicable, to a long-term solution to the problem it is intended to address, v Considers long-term changes to the areas and entities it protects, and has manageable future maintenance and modification requirements.
d 1 Planning. Up to 7% of the States HMGP award may be used to develop State, Tribal and/or local
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Federal Register - September 10, 2021

TitoloFederal Register

PaeseStati Uniti

Data10/09/2021

Conteggio pagine240

Numero di edizioni7800

Prima edizione14/03/1936

Ultima edizione23/06/2026

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