[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: 7CFR277.4]



[Page 887-888]

 

                          TITLE 7--AGRICULTURE

 

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

 

PART 277_PAYMENTS OF CERTAIN ADMINISTRATIVE COSTS OF STATE AGENCIES

--Table of Contents

 

Sec. 277.4  Funding.



    (a) General. This section sets allowable cost standards for 

activities of State agencies in administering the Food Stamp Program and 

Food Distribution Program on Indian Reservations.

    (b) Federal reimbursement rate. The base percentage for Federal 

payment shall be 50 percent of State agencies' allowable Food Stamp 

Program administrative costs. This rate includes reimbursement for food 

stamp informational activities but not for recruitment activities. 

Recruitment activities are those activities designed to persuade an 

individual who has made an informed choice not to apply for food stamps 

to change his or her decision and apply.

    (1) A State agency's federally funded share of Food Stamp Program 

administrative costs shall be increased when its error rate, as 

determined through the quality control process described in part 275, 

meets certain standards.

    (i) For the period beginning October 1, 1982, through September 30, 

1988, a State agency with a payment error rate of five percent or less 

in the corresponding fiscal year shall have its federally funded share 

of Program administrative costs increased to 60 percent, provided that 

the State agency's negative case error rate is less than the national 

weighted mean negative case rate for the fiscal year prior to the period 

of enhanced funding.

    (ii) For the period beginning October 1, 1988, and review periods 

thereafter, a State agency with a payment error rate less than or equal 

to 5.90 percent and with a negative case error rate less than the 

National weighted mean negative case error rate for the prior fiscal 

year shall have its Federally funded share of Food Stamp Program 

administrative costs increased by one percentage point to a maximum of 

60 percent for each full one-tenth of a percentage point by which the 

payment error rate is less than six percent.

    (2) Funding of demonstration projects approved by FNS will be at a 

rate agreed to by FNS in accordance with the requirements outlined in 

part 282.

    (3) The reimbursement of administrative costs to State agencies 

administering the program on Indian reservations shall be in accordance 

with the requirements of parts 281 and 283.

    (4) For the period beginning October 1, 1980, a State agency's 

federally funded share of Food Stamp Program administrative costs shall 

be increased to 65 percent when the State agency's cumulative allotment 

error rate is less than five percent; provided that the State agency's 

negative case error rate is less than the national weighted mean 

negative case error rate for the 6-month period of enhanced funding. 

This provision shall not apply to any period after the April through 

September 1982 period.

    (5) For the period beginning October 1, 1980, a State agency's 

federally funded share of Food Stamp Program administrative costs shall 

be increased to 60 percent when the State agency's cumulative allotment 

error rate is less than eight percent; provided that the State agency's 

negative case error rate is less than the national weighted mean 

negative case error rate for the 6-month period of enhanced funding.



[[Page 888]]



This provision shall not apply to any period after the April through 

September 1982 period.

    (6) For the 6-month period beginning October 1, 1980, a State agency 

with a 25 percent or greater reduction in its cumulative allotment error 

rate from one 6-month period to the comparable period of the next fiscal 

year shall be entitled to a 55 percent federally funded share of Food 

Stamp Program administrative costs; provided that, effective with the 6-

month period beginning October 1, 1981, the State agency's negative case 

error rate is less than the national weighted mean negative case error 

rate for the period of enhanced funding. This provision shall not apply 

to any period after the April through September 1982 period.

    (7) Beginning October 1982, the federally funded share of 

administrative costs, as identified in paragraph (b) of this section may 

be decreased based upon its payment error rate as described in Sec. 

275.23. The rates of Federal funding for the activities identified in 

paragraphs (b)(2) and (b)(3) of this section shall not be reduced based 

upon the agency's payment error rate.

    (8) Employment and training program grants, as outlined in Sec. 

273.7(d) shall be 100 percent federally-funded.

    (c) Matching costs. State agency costs for Federal matching funds 

may consist of:

    (1) Charges reported on a cash or accrual basis by the State agency 

as project costs.

    (2) Project costs financed with cash contributed or donated to the 

State agency by other non-Federal public agencies and institutions.

    (3) Project costs represented by services and real or personal 

property donated by other non-Federal public agencies and institutions.

    (d) All cash or in-kind contributions except as provided in 

paragraph (e) of this section shall be allowable as part of the State 

agency's share of program costs when such contributions:

    (1) Are verifiable;

    (2) Are not contributed for another federally-assisted program, 

unless authorized by Federal legislation;

    (3) Are necessary and reasonable for accomplishment of project 

objectives;

    (4) Are charges that would be allowable under this part;

    (5) Are not paid by the Federal Government under another assistance 

agreement unless authorized under the other agreement and its subject 

laws and regulations; and

    (6) Are in the approved budget.

    (e) The value of services rendered by volunteers or the value of 

goods contributed by third parties, exclusive of the State and Federal 

agencies, are unallowable for reimbursement purposes under the Food 

Stamp Program. The value of services rendered by volunteers shall be 

allowable only to meet any matching administrative costs requirements 

for the Food Distribution Program on Indian Reservations.

    (f) The expenses (e.g. travel, lodging, meals) of persons working 

with volunteer or nonprofit organizations which receive training and 

assistance pursuant to Sec. 272.4(d)(2) are not allowable.

    (g) Investigations of authorized retail or wholesale food concerns 

when performed in coordination with the USDA Office of Inspector General 

and FNS shall be funded at the 50 percent Federal reimbursement rate.



[Amdt. 188, 45 FR 85702, Dec. 30, 1980, as amended by Amdt. 201, 47 FR 

25498, June 11, 1982; Amdt. 260, 49 FR 6313, Feb. 17, 1984; Amdt. 281, 

51 FR 47397, Dec. 31, 1986; 53 FR 39443, Oct. 7, 1988; Amdt. 316, 54 FR 

24531, June 7, 1989; Amdt. 328, 56 FR 60053, Nov. 27, 1991; Amdt. 342, 

59 FR 2733, Jan. 19, 1994; Amdt. 316, 59 FR 16096, Apr. 6, 1994; Amdt. 

385, 65 FR 33440, May 24, 2000; Amdt. 388, 65 FR 70212, Nov. 21, 2000; 

67 FR 41619, June 19, 2002]