[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR285.3]

[Page 973-974]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 285_PROVISION OF A NUTRITION ASSISTANCE GRANT FOR THE 
COMMONWEALTH OF PUERTO RICO--Table of Contents
 
Sec. 285.3  Plan of operation.

    (a) To receive payments for any fiscal year the Commonwealth of 
Puerto Rico shall have a plan of operation for that fiscal year approved 
by FNS. Each plan of operation shall be sumitted for FNS approval by the 
July 1 preceding the fiscal year for which the plan of operation is to 
be effective.
    (b) The plan of operation shall include the following information:
    (1) Designation of the agency or agencies directly responsible for 
administration, or supervision of the administration, of the nutrition 
assistance program.
    (2) A description of the needy persons residing in the Commonwealth 
of Puerto Rico and an assessment of the food and nutrition needs of 
these persons. The description and assessment shall demonstrate that the 
nutrition assistance program is directed toward the most needy persons 
in the Commonwealth of Puerto Rico.
    (3) A description of the program for nutrition assistance including:
    (i) A general description of the nutrition assistance to be provided 
the needy persons who will receive assistance, and any agencies 
designated to provide such assistance; and
    (ii) To the extent grant funds are not used for direct nutrition 
assistance payments to needy persons, the plan of operation must 
demonstrate that the grants funds will provide nutrition assistance 
benefiting needy persons in the Commonwealth of Puerto Rico.
    (4) A budget and an estimate of the monthly amounts of expenditures 
necessary for the provision of the nutrition assistance and related 
administrative expenses up to the monthly amounts provided for payment 
in Sec. 285.2.
    (5) Other reasonably related information which FNS may request.
    (6) An agreement signed by the governor or other appropriate 
official to conduct the nutrition assistance program in accordance with 
the FNS-approved plan of operation and in compliance with all pertinent 
Federal rules and regulations. The Commonwealth of Puerto Rico shall 
also agree to comply with any changes in Federal law and regulations.
    (c) Any amendments to those provisions of the plan of operation 
specified in paragraph (b) of this section, must be submitted to FNS for 
approval.
    (d) FNS shall approve or disapprove any plan of operation no later 
than August 1 of the year of its submission.

[[Page 974]]

FNS approval of the plan of operation shall be based on an assessment 
that the nutrition assistance program, as defined in the plan of 
operation, is:
    (1) Sufficient to permit analysis and review;
    (2) Reasonably targeted to the most needy persons as defined in the 
plan of operation;
    (3) Supported by an assessment of the food and nutrition needs of 
needy persons;
    (4) Reasonable in terms of the funds requested;
    (5) Structured to include safeguards to prevent fraud, waste, and 
abuse in the use of grant funds; and
    (6) Consistent with all applicable Federal laws.
    (e) FNS shall approve or disapprove any amendments to those 
provisions of the plan of operation specified in paragraph (b) of this 
section. If FNS fails either to approve or deny the amendment, or to 
request additional information within 30 days, the amendment to the plan 
of operation is approved. If additional information is requested, the 
Commonwealth of Puerto Rico shall provide this as soon as possible, and 
FNS shall approve or deny the amendment to the plan of operation. 
Payment schedules and other program operations may not be altered until 
an amendment to the plan of operation is approved. The Commonwealth of 
Puerto Rico shall, for informational purposes, submit to FNS any 
amendments to those provisions of the plan of operation not specified in 
paragraph (b) of this section. Such submittal shall be made at least 30 
days prior to the effective date of the amendment. If circumstances 
warrant a waiver of the 30-day requirement, the Commonwealth of Puerto 
Rico shall submit a waiver request to FNS for consideration. Should FNS 
determine that such an amendment relates to the provisions of paragraph 
(b) of this section, FNS approval as established above will be necessary 
for the amendment to be implemented.
    (f) FNS may approve part of any plan of operation or amendment 
submitted by the Commonwealth of Puerto Rico contingent on appropriate 
action by the Commonwealth of Puerto Rico with respect to the problem 
areas in the plan of operation.
    (g) If all or part of the plan of operation is disapproved, FNS 
shall notify the appropriate agency in the Commonwealth of Puerto Rico 
of the problem area(s) in the plan of operation and the actions 
necessary to secure approval.
    (h) In accordance with the provisions of Sec. 285.5, funds may be 
withheld or denied when all or part of a plan of operation is 
disapproved.

[Amdt. 209, 47 FR 32409, July 27, 1982, as amended by Amdt. 239, 48 FR 
23805, May 27, 1983; Amdt. 243, 49 FR 49585, Dec. 21, 1984; Amdt. 274, 
51 FR 18752, May 21, 1986; Amdt. 371, 61 FR 60012, Nov. 26, 1996]