§ 80.3 - Definitions.

§ 80.3 Definitions.

Cross Reference

Link to an amendment published at 86 FR 50670, Sept. 10, 2021.

Cross Reference

The effective date of this amendment was corrected to read Oct. 1, 2021, at 86 FR 51832, Sept. 17, 2021.

(a) Except as noted in this part, the definitions applicable to the funding program apply to implementation of this part. In addition, for purposes of this part:

(b) Applicant is the means a State or Indian tribal Tribal government applying to FEMA for a grant, and which Federal award that will be accountable for the use of the funds. Once funds have been awarded, the applicant becomes the recipient and may also be a pass-through entity.

(c) Grantee Federal award means the State or Indian tribal government to which FEMA awards a grant and which is accountable for the use of the funds provided. The grantee is the entire legal entity, even if only a particular component of the entity is designated in the grant award documentFederal financial assistance that a recipient or subrecipient receives directly from FEMA or indirectly from a pass-through entity. The terms “award” and “grant” may also be used to describe a “Federal award” under this part.

(d) Market Value is generally defined as the amount in cash, or on terms reasonably equivalent to cash, for which in all probability the property would have sold on the effective date of the valuation, after a reasonable exposure time on the open competitive market, from a willing and reasonably knowledgeable seller to a willing and reasonably knowledgeable buyer, with neither acting under any compulsion to buy or sell, giving due consideration to all available economic uses of the property at the time of the valuation means the price that the seller is willing to accept and a buyer is willing to pay on the open market and in an arm's length transaction.

(e) National of the United States means a person within the meaning of the term as defined in the Immigration and Nationality Act, 8 U.S.C. section 1101(a)(22).

(f) Pass-through entity means a recipient that provides a subaward to a subrecipient.

(g) Purchase offer is the initial value assigned to the property, which is later adjusted by applicable additions and deductions, resulting in a final offer amount to a property owner.

(

g

h) Qualified alien means a person within the meaning of the term as defined at 8 U.S.C. 1641.

(

h

i)

“Qualified

Qualified conservation

organization”

organization means a qualified organization with a conservation purpose pursuant to 26 CFR 1.170A-14 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.

(

i)

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

Tribal applicant/

grantee

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

subgrantee

subrecipient.

(

j

l)

Subgrant

Subaward means an award

of financial assistance made under a grantee to an eligible subgrantee. (k) Subgrantee

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

Tribal government or other legal entity to which a

subgrant

subaward is awarded and which is accountable to the

grantee

recipient for the use of the funds provided.

(

l

n) Administrator means the head of the Federal Emergency Management Agency, or his/her designated representative.

(

m

o) Regional Administrator means the head of a Federal Emergency Management Agency regional office, or his/her designated representative.

[72 86 FR 61743, Oct. 31, 2007, as amended at 74 FR 47481, 50670, Sept. 1610, 20092021]