[Code of Federal Regulations]

[Title 7, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 7CFR227.5]



[Page 259-260]

 

                          TITLE 7--AGRICULTURE

 

    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE

 

PART 227_NUTRITION EDUCATION AND TRAINING PROGRAM--Table of Contents

 

                            Subpart A_General

 

Sec. 227.5  Program funding.



    (a) Total grant. The total grant to each State agency for each 

fiscal year for program costs and administrative costs shall consist of 

an amount equal to 50 cents per child enrolled in schools and 

institutions within the State during such year, but in no event shall 

such grant be less than $50,000: Provided, however, That a State's total 

grant shall be reduced proportionately if the State does not administer 

the program in nonprofit private schools and institutions. If funds 

appropriated for a fiscal year are insufficient to pay the amount to 

which each State is entitled, the amount of such grant shall be ratably 

reduced to the extent necessary so that the total of the amounts paid to 

each State does not exceed the amount of appropriated funds. Each State 

agency which receives funds based on all children enrolled in public and 

nonprofit private schools and institutions shall make the Program 

available to those schools and institutions. Enrollment figures shall be 

the latest available as certified by the Department of Education.

    (b) First fiscal year participation--(1) Assessment and planning 

grant. A portion of the total grant shall be made available to each 

State agency during its first fiscal year of participation as an 

assessment and planning grant for:

    (i) Employing a State Coordinator, as provided for in Sec. 227.30, 

and related support personnel costs including fringe benefits and travel 

expenses, (ii) undertaking a needs assessment in the State, (iii) 

developing a State Plan for nutrition education and training within the 

State, and (iv) applying for the State assessment and planning grant.

    (2) Advances for the assessment and planning grant. FNS shall make 

advances to any State desiring to participate in the Program, to enable 

the State to carry out the responsibilities set forth in paragraph 

(b)(1) of this section. Advances shall be made in two phases, in 

accordance with the following procedures:

    (i) Initially, State agencies may receive an advance up to $35,000 

for the purpose of hiring a State coordinator, as provided for in Sec. 

227.30. Application for such an advance shall be made on Form AD-623 

when the State agency applies for participation in the Program. The 

information required for this advance shall be set out in Part III, 

Budget Information, Section B, Budget Categories. The State agency shall 

there indicate the funds required for the salary, travel, and fringe 

benefits of the State Coordinator, and related personnel costs necessary 

to carry out the duties and responsibilities of the State Coordinator.

    (ii) After appointment of the State Coordinator, the State agency 

may receive an additional advance of up to 50 percent of the total grant 

to which the State agency is entitled for the first year of 

participation, after deduction of the advance made for the State 

Coordinator under Sec. 227.5(b)(2), but not to exceed $100,000, for the 

purpose of undertaking a needs assessment in the State, developing a 

State Plan for nutrition education and training, and applying for the 

assessment and planning grant. Application for such advance shall be 

made by amending Part III, Budget Information, of Form AD-623.

    (3) Funds for implementing State plan. (i) States receiving 

advances. Each State agency shall receive the remaining portion of its 

total grant in order to implement its State plan, which has been 

approved by FNS, if the State agency has carried out the 

responsibilities for which advances were received. With the submission 

of the State plan each State agency may apply for the funds remaining of 

its total grant.

    (ii) States previously participating. Those States which previously 

participated may apply for their total grant upon submission of the 

State Plan.



[[Page 260]]



    (c) Administrative costs. Each State agency may use up to 15 percent 

of its total grant for up to 50 percent of its cash expenditures for 

administrative costs.

    (d) Payment to State agencies. Approval of the State plan by FNS is 

a prerequisite to the payment of funds to the State agency. All funds 

made available for the Program shall be provided through a letter of 

credit or check, as determined by FNS.

    (e) Unobligated funds. The State agency will release to FNS any 

Federal funds made available to it under the Program which are 

unobligated by September 30 of each fiscal year.

    (f) Funds for existing programs. State agencies shall maintain their 

present level of funding for existing nutrition education and training 

programs. FNS funds for the Program shall augment current nutrition 

education and training programs and proj ects. Funds made available by 

FNS for this Program shall not replace such funds.



[44 FR 28282, May 15, 1979, as amended at 52 FR 8223, Mar. 17, 1987]