[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: 7CFR285.2]



[Page 976-977]

 

                          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. 285.2  Funding.



    (a) FNS shall, consistent with the plan of operation required by 

Sec. 285.3 of this part, and subject to availability of funds, provide 

nutrition assistance grant funds to the Commonwealth of Puerto Rico to 

cover 100 percent of the expenditures related to food assistance 

provided to needy persons and 50 percent of the administrative expenses 

related to the food assistance. The amount of the grant funds provided 

to the Commonwealth of Puerto Rico shall not exceed amounts appropriated 

for this purpose for each fiscal year.

    (b) FNS shall, subject to the provisions in Sec. Sec. 285.3 and 

285.5 in this part, and limited by the provisions of paragraph (a) of 

this section, pay to the Commonwealth of Puerto Rico for the applicable 

fiscal year, the amount estimated by the Commonwealth of Puerto Rico 

pursuant to Sec. 285.3(b)(4). Payments shall be made no less frequently 

than on a monthly basis prior to the beginning of each month consistent 

with the Treasury Fiscal Requirement Manual, Volume I, part 6, section 

2030; these letters of credit shall be drawn on an as-needed basis. The 

amount shall be reduced or increased to the extent of any prior 

overpayment or underpayment which FNS determines has been made and which 

has not been



[[Page 977]]



previoulsy adjusted. The payment(s) received by the Commonwealth of 

Puerto Rico for a fiscal year shall not exceed the total authorized for 

the grant, or the total cost for the nutrition assistance program 

eligible for funding, whichever is less, for that fiscal year.

    (c) FNS may recover from the Commonwealth of Puerto Rico, through 

offsets to funding during any fiscal year, funds previously paid to the 

Commonwealth of Puerto Rico and later determined by the Secretary to 

have been overpayments. Funds which may be recovered include, but are 

not limited to:

    (1) Costs not included in the approved plan of operation;

    (2) Unallowable costs discovered in audit or investigation findings;

    (3) Funds allocated to the Commonwealth of Puerto Rico which 

exceeded expenditures during the fiscal year for which the funds were 

authorized; or

    (4) Amounts owed to FNS as a result of the nutrition assistance 

grant which have been billed to the Commonwealth of Puerto Rico and 

which the Commonwealth of Puerto Rico has failed to pay without cause 

acceptable to FNS.

    (d) Funds for payment of any prior fiscal year expenditures shall be 

claimed from the funding for that prior year. The payment of funds shall 

not exceed the authorization for that prior fiscal year.



[Amdt. 209, 47 FR 32409, July 27, 1982, as amended by Amdt. 243, 49 FR 

49585, Dec. 21, 1984; Amdt. 274, 51 FR 18752, May 21, 1986; Amdt. 371, 

61 FR 60012, Nov. 26, 1996]