Form FNS-74 Federal - State Agreement

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OMB APPROVED NO. 0584-0067
Expiration Date: XX/XX/XXXX

According to the Paperwork Reduction Act of 1995, no persons are required to respond to a Collection of Information unless it
displays a valid OMB control number. The valid OMB control number for this information collection is 0584-0067. The time
required to complete this information collection is estimated to average 15 minutes per response, including the time to review
instructions, search existing data resources, gather the data needed, and complete and review the information collection.
INSTRUCTIONS: Sign and submit the original and one copy of this Agreement to your FNS regional office. You must have original
signatures on both copies of the agreement and the following attachments, which become part of this Agreement: Certification
Regarding the Drug-Free Workplace Requirements (Form AD-1049); Certification Regarding Lobbying; and Disclosure of Lobbying
Activities (Form SF-LLL).

FEDERAL-STATE AGREEMENT
CHILD NUTRITION AND FOOD DISTRIBUTION PROGRAMS
FOOD AND NUTRITION SERVICE
U.S. DEPARTMENT OF AGRICULTURE
1. What is the purpose of this agreement?

This agreement sets out the requirements for administering the Child Nutrition Programs and the Food Distribution
Programs.
2. Who are the parties to this agreement?

The Food and Nutrition Service (FNS), U.S. Department of Agriculture (USDA) ________________________________
(State agency). In consideration of the funds and commodities provided by FNS to the State agency and the services
provided by the State agency, the parties agree to the provisions of this agreement.
3. What programs does this agreement cover?

This agreement covers the programs noted with an "x" in the chart below. If the State agency decides to discontinue or
begin administration of any of these programs after signing this agreement, the State agency must provide FNS advance
written notice, including the proposed effective date of the change. Upon approval of the request, FNS will enter into a
new agreement or amend this agreement.
ComChild and Summer Nutrition
Food
National School
Special
modity Adult Care Food Education
DistriSchool Breakfast
Milk
School
Food
Service
bution
Lunch
Program Program Program
Program Program Training Programs
Program
Public schools
Private schools
Public residential child care institutions
Private residential child care institutions
Nonresidential child care institutions
Nonresidential adult care institutions
Service institutions (including camps)
Charitable institutions
Disasters and situations of distress
CSFP
FDPIR and FDPI in Oklahoma
Nonprofit summer camps
TEFAP
Other (describe)

FORM FNS-74 (06-11) Previous Editions Obsolete

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4. What are the definitions for the terms used in this agreement?
The terms in this agreement have the same meaning as they are defined in the program statutes, program regulations, and the
glossary in Appendix A to this agreement.
5. What is the authority for this agreement?
This agreement is authorized by the program statutes listed in Appendix A to this agreement.
6. What is the duration of this agreement?
This agreement is effective for the Federal Fiscal Year from October 1 , ________ to September 30, ________. This agreement may be
extended by FNS. The extension will be in the form of the annual grant award document announcing the grant amounts for each
program for each Federal Fiscal Year.
7. How may this agreement be terminated?
This agreement may be terminated in accordance with the program statutes, program regulations, and 7 CFR Parts 3015.124, 3016.43
and 3016.44.
8. May this agreement be amended?
This agreement may be amended only by FNS. However, either FNS or the State agency may propose amendments. FNS
amendments are not subject to approval by the State agency. By continuing to operate the covered programs after an amendment to
this agreement, the State agency agrees to comply with the amendment.
If the State agency does not wish to comply with an amendment, the State agency must seek to terminate the agreement in accordance
with Section 7 of this agreement.
9. What are the requirements for FNS?
Subject to available appropriations, FNS will provide funds and commodities to the State agency for the programs covered by this
agreement. In addition and also subject to available appropriations, FNS will provide State Administrative Expense funds and Cash-inLieu of Donated Foods (7 CFR Part 240) when the State agency is approved to administer a program for which those funds are
available.
FNS will provide the funds and commodities in accordance with program statutes, program regulations, any FNS instructions, policy
memoranda, guidance, and other written directives interpreting the program statutes and program regulations, and the other statutes
and regulations cited in this agreement.
10. What are the requirements for the State agency?
A. Program Statutes, Program Regulations, Instructions, Policy Memoranda, and Guidance
The State agency will comply with the program statutes and program regulations applicable to the programs covered by this agreement.
The State agency also will comply with any FNS instructions, policy memoranda, guidance, and other written directives interpreting the
program statutes and program regulations applicable to those programs.
B. Departmental Regulations on Grants and Cooperative Agreements
The State agency will comply with the following USDA Regulations:
i.

7 CFR Part 3015, Uniform Federal Assistance Regulations;

ii.

7 CFR Part 3016, Uniform Administrative Requirements for Grants and Cooperative Agreements;

iii.

7 CFR Part 3019, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals and Other Non-Profit Organizations, and Institutions;

iv.

7 CFR Part 3051, Audits of Institutions of Higher Education and Other Nonprofit Institutions;

v.

7 CFR Part 3052, Audits of States, Local Governments, and Nonprofit Organizations.

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C. Debarment and Suspension
The State agency will comply with 7 CFR Part 3017, Subparts A-E, Governmentwide Debarment and Suspension (Nonprocurement). If
this agreement covers Food Distribution Programs other than food distribution related to the Child Nutrition Programs, and the State
agency has signed and attached to this agreement the Certificate Regarding Debarment, Suspension, and Other Responsibility
Matters-Primary Covered Transactions, the SA must submit an additional Certification to FNS by October 1 of each year.
D. Nondiscrimination and Equal Employment Opportunity
The State agency will comply with the following nondiscrimination statutes and regulations, any other related regulations,
and any FNS and USDA nondiscrimination directives:
i.

Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200d et seq.), USDA regulations at 7 CFR Part 15,
Nondiscrimination, and Department of Justice regulations at 28 CFR Part 42, Nondiscrimination; Equal
Employment Opportunity; Policies and Procedures;

ii.

Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and USDA regulations at 7 CFR
Part 15a, Education Programs or Activities Receiving or Benefitting from Federal Financial Assistance;

iii.

Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), USDA regulations at 7 CFR Part 15b,
Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving Federal
Financial Assistance, and Department of Justice regulations at 28 CFR Part 41, Implementation of
Executive Order 12250, Nondiscrimination On The Basis of Handicap In Federally Assisted Programs; and

iv.

The Age Discrimination Act of 1975 42 (U.S.C. 6101 et seq.),

The State agency assures that it will immediately take any measures necessary to effectuate the requirements in the laws, regulations,
and directives. The State agency gives this assurance in consideration of and for the purpose of obtaining the funds and commodities
provided under this agreement.
E. Lobbying
The State agency will comply with the 7 CFR Part 3018, New Restrictions on Lobbying and has signed and attached to this agreement
the Certificate Regarding Lobbying and, if applicable, the Disclosure of Lobbying Activities (Forms SF-LLL) and annually will sign and
submit a certificate, if applicable, Form SF-LLL to FNS.
F. Drug-Free Workplace
The State agency will comply with 7 CFR Part 3017, Subpart F, Drug-Free Workplace and will maintain a drug-free workplace in
accordance with (check one):
______ The current annual single State or State agency drug-free workplace certification statement that is on file with USDA.
______ The Certification Regarding the Drug-Free Workplace Requirements (Form AD-1049) that the State agency has signed and
attached to this agreement.
11. How do changed or new statutes, regulations, instructions, policy memoranda, and guidance affect this agreement?
By continuing to operate the covered programs after the enactment or issuance of any changed or new statutes or regulations
applicable to the programs covered by this agreement and any changed or new instructions, policy memoranda, guidance, and other
written directives interpreting these statutes or regulations, the State agency agrees to comply with them.
If the State agency does not wish to comply with any changes or new items, the State agency must seek to terminate the agreement in
accordance with Section 7 of this Agreement.
12. Signatures
STATE AGENCY

USDA

By (Signature)

By (Signature)

TITLE

TITLE

DATE

DATE

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Appendix A -- Glossary
"Child Nutrition Programs" means:
National School Lunch Program (NSLP)
Special Milk Program for Children (SMP)
School Breakfast Program (SBP)
Commodity School Program
Summer Food Service Program (SFSP)
Child and Adult Care Food Program (CACFP)
Nutrition Education and Training Program (NET)
State Administrative Expense Funds (SAE)
"Food Distribution Programs" means:
The commodity donation portion of the Child Nutrition Programs
Commodity assistance for charitable institutions
Commodity Supplemental Food Program (CSFP)
Commodity assistance for disasters and situations of distress
Food Distribution Program for households on Indian reservations (FDPIR)
Food Distribution Program for Indian households (FDPI) in Oklahoma
Commodity assistance for nonprofit summer camps
The Emergency Food Assistance Program (TEFAP)
"Program Statutes" means:
for the Child Nutrition Programs
Richard B. Russell, National School Lunch Act (42 U.S.C. 1751-69h)
Child Nutrition Act of 1966 (42 U.S.C. 1771-91)
for the Food Distribution Programs
general and charitable institutions
Commodity Distribution Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c note)
Section 32 of the Act of August 24, 1935 (7 U.S.C. 612c)
Section 416(a) of the Agricultural Act of 1949 (7 U.S.C. 1431(a))
CSFP
Sections 4(a) and 5 of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note)
Disasters and Situations of Distress
Section 412 and 413 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5179-80)
Section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note)
FDPIR
Section 4(b) of the Food Stamp Act of 1977 (7 U.S.C. 2013(b))
Section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note)
FDPI for Oklahoma
Section 1336 of the Food Stamp and Commodity Distribution Amendments of 1981
Nonprofit Summer Camps for Children
Section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note)
TEFAP
Emergency Food Assistance Act of 1983 (7 U.S.C. 7501-16)

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"Program Regulations" means the regulations noted below:
7 CFR

Part 210 National School Lunch Program
Part 215 Special Milk Program for Children
Part 220 School Breakfast Program
Part 225 Summer Food Service Program
Part 226 Child and Adult Care Food Program
Part 227 Nutrition Education and Training Program
Part 235 State Administrative Expense funds
Part 240 Cash in Lieu of donated foods
Part 245 Determining eligibility for free and reduced price meals and free milk in schools
Part 247 Commodity Supplemental Food Program
Part 250 Donation of foods for use in the United States, its territories and possessions and areas under its jurisdiction
Part 251 The Emergency Food Assistance Program
Part 253 Administration of the Food Distribution Program for households on Indian reservations
Part 254 Administration of the Food Distribution Program for Indian households in Oklahoma

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