§ 206.434 Eligibility. ( a ) *Eligible entities.* The following are eligible to apply for the Hazard Mitigation Program Grant: ( 1 ) Applicants—States and Indian Tribal governments;
( 2 ) Subapplicants— ( i ) State agencies and local governments;
( ii ) Private nonprofit organizations that own or operate a private nonprofit facility as defined in § 206.221(e). A qualified conservation organization as defined at § 80.3(h) 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 subaward's termination will not be reimbursed by FEMA.
( c ) *Minimum project criteria.* To be eligible for the Hazard Mitigation Grant Program, a project must: ( 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;
( 2 ) Have a beneficial impact upon the designated disaster area, whether or not located in the designated area;
( 3 ) Be in conformance with 44 CFR part 9, Floodplain Management and Protection of Wetlands, and other applicable environmental and historic preservation laws, regulations, Executive Orders, and agency policy;
( 4 ) Solve a problem independently or constitute a functional portion of a solution where there is assurance that the project as a whole will be completed. Projects that merely identify or analyze hazards or problems are not eligible;
( 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 ) *Eligible activities* — ( 1 ) *Planning.* Up to 7% of the State's HMGP award may be used to develop State, Tribal and/or local mitigation plans to meet the planning criteria outlined in 44 CFR part 201.
( 2 ) *Types of projects.* Projects may be of any nature that will result in protection to public or private property. Activities for which implementation has already been initiated or completed are not eligible for funding. Eligible projects include, but are not limited to: ( i ) Structural hazard control or protection projects;
( ii ) Construction activities that will result in protection from hazards;
( iii ) Retrofitting of facilities;
( iv ) Property acquisition or relocation, as defined in paragraph (e) of this section;
( v ) Development of State or local mitigation standards;
( vi ) Development of comprehensive mitigation programs with implementation as an essential component;
( vii ) Development or improvement of warning systems.
( e ) *Property acquisitions and relocation requirements.* Property acquisitions and relocation projects for open space proposed for funding pursuant to a major disaster declared on or after December 3, 2007 must be implemented in accordance with part 80 of this chapter.
( f ) *Duplication of programs.* Section 404 funds cannot be used as a substitute or replacement to fund projects or programs that are available under other Federal authorities, except under limited circumstances in which there are extraordinary threats to lives, public health or safety or improved property.
( g ) *Packaging of programs.* Section 404 funds may be packaged or used in combination with other Federal, State, local, or private funding sources when appropriate to develop a comprehensive mitigation solution, though section 404 funds cannot be used as a match for other Federal funds.
[55 FR 35537, Aug. 30, 1990, as amended at 59 FR 24356, May 11, 1994; 67 FR 8853, Feb. 26, 2002; 67 FR 61515, Oct. 1, 2002; 69 FR 55097, Sept. 13, 2004; 72 FR 61750, Oct. 31, 2007; 74 FR 47483, Sept. 16, 2009; 81 FR 56534, Aug. 22, 2016; 86 FR 50677, Sept. 10, 2021]