Appendix B Nutrition Education Plan

Appendix B. 7 CFR 272.2(d)(2) –
Nutrition Education Plan
OMB Control Number 0584-0639

Food and Nutrition Service, USDA

§ 272.2

CFR 273.4(a)(6)(ii)(H), 7 CFR 273.8(b),
and 7 CFR 273.9(d)(1).
(ii) The following amendments were
to be implemented April 1, 2003: 7 CFR
273.4(a)(6)(ii)(B)
through
7
CFR
273.4(a)(6)(ii)(F) and 273.4(a)(6)(iii).
(iii) The following amendments were
to be implemented October 1, 2003: 7
CFR
273.4
(a)(6)(ii)(J);
7
CFR
273.4(c)(3)(vi).
(iv) State agencies must implement
the following amendments no later
than August 1, 2010: 7 CFR 273.4(c)(2)(v),
7
CFR
273.4(c)(3)(iv),
7
CFR
273.4(c)(3)(vii), 7 CFR 273.9(b)(1)(vi), and
7 CFR 273.9(c)(3)(ii)(A).
(v) State agencies may implement all
other amendments on or after the effective date.
(vi) State agencies that implemented
discretionary provisions, either under
existing regulations or policy guidance
issued by the Department, prior to the
publication of this final rule have until
August 1, 2010 to amend their policies
to conform to the final rule requirements.
[Amdt. 132, 43 FR 47884, Oct. 17, 1978]

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EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 272.1, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.govinfo.gov.

§ 272.2 Plan of operation.
(a) General purpose and content—(1)
Purpose. State agencies shall periodically plan and budget program operations and establish objectives. When
planning and budgeting for program
operations for the next year, State
agencies shall consider major corrective action objectives, existing program strengths and deficiencies, and
other factors anticipated to impact on
the operation of the State’s SNAP and
on projected expenditures.
(2) Content. The basic components of
the State Plan of Operation are the
Federal/State Agreement, the Budget
Projection Statement, and the Program Activity Statement. In addition,
certain attachments to the Plan are
specified in this section and in § 272.3.
The requirements for the basic components and attachments are specified in
§ 272.2(c) and § 272.2(d) respectively. The
Federal/State Agreement is the legal
agreement between the State and the

Department
of
Agriculture.
This
Agreement is the means by which the
State elects to operate SNAP and to
administer the program in accordance
with the Food and Nutrition Act of
2008, as amended, regulations issued
pursuant to the Act and the FNS-approved State Plan of Operation. The
Budget Projection Statement and Program Activity Statement provide information on the number of actions
and amounts budgeted for various functional areas such as certification and
issuance. The Plan’s attachments include the Quality Control Sample Plan,
the Disaster Plan (currently reserved),
the Employment and Training Plan,
the optional Nutrition Education Plan,
the optional plan for Program informational activities directed to low-income households, the optional plan for
intercepting
Unemployment
Compensation (UC) benefits for collecting
claims for intentional Program violations,
the
Systematic
Alien
Verification for Entitlements (SAVE)
Plan, and the plan for the State Income and Eligibility Verification System. The State agency shall either include the Workfare Plan in its State
Plan of Operation or append the
Workfare Plan to the State Plan of Operation, as appropriate, in accordance
with § 273.22(b)(3) of this chapter. The
Workfare Plan shall be submitted separately, in accordance with § 273.22(b)(1)
of this chapter. The ADP/CIS Plan is
considered part of the State Plan of
Operation but is submitted separately
as prescribed under § 272.2(e)(8). State
agencies and/or political subdivisions
selected to operate a Simplified Application/Standardized Benefit Project
shall include that Project’s Work Plan
in the State Plan of Operation. The
Plan’s attachments shall also include
the Mail Issuance Loss Reporting Level
Plan.
(b) Federal/State Agreement. (1) The
wording of the pre-printed Federal/
State Agreement is as follows:
The State of ______ and the Food and Nutrition Service (FNS), U.S. Department of Agriculture (USDA), hereby agree to act in accordance with the provisions of the Food and
Nutrition Act of 2008, as amended, implementing regulations and the FNS-approved
State Plan of Operation. The State and FNS
(USDA) further agree to fully comply with
any changes in Federal law and regulations.

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§ 272.2

7 CFR Ch. II (1–1–22 Edition)

This agreement may be modified with the
mutual written consent of both parties.
PROVISIONS

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The State agrees to: 1. Administer the program in accordance with the provisions contained in the Food and Nutrition Act of 2008,
as amended, and in the manner prescribed by
regulations issued pursuant to the Act; and
to implement the FNS-approved State Plan
of Operation.
2. Comply with Title VI of the Civil Rights
Act of 1964 (Pub. L. 88–352), section 11(c) of
the Food and Nutrition Act of 2008, as
amended, the Age Discrimination Act of 1975
(Pub. L. 94–135) and the Rehabilitation Act of
1973 (Pub. L. 93–112, sec. 504) and all requirements imposed by the regulations issued pursuant to these Acts by the Department of
Agriculture to the effect that, no person in
the United States shall, on the grounds of
sex, race, color, age, political belief, religion,
handicap, or national origin, be excluded
from participation in, be denied the benefits
of, or be otherwise subject to discrimination
under SNAP.
3. (For States with Indian Reservations
only). Implement the Program in a manner
that is responsive to the special needs of
American Indians on reservations and consult in good faith with tribal organizations
about that portion of the State’s Plan of Operation pertaining to the implementation of
the Program for members of the tribe on reservations.
FNS agrees to: 1. Pay administrative costs
in accordance with the Food and Nutrition
Act of 2008, implementing regulations, and
an approved Cost Allocation Plan.
2. Carry-out any other responsibilities delegated by the Secretary in the Food and Nutrition Act of 2008, as amended.
Date lllllllllllllllllllll
Signature llllllllllllllllll
(Governor or Authorized Designee)
Date lllllllllllllllllllll
Signature llllllllllllllllll
(Regional Administrator, FNS)

(2) The State agency may propose alternative language to any or all the
provisions listed in paragraph (b)(1) of
this section. The alternative language
is subject to approval by both parties
before signature.
(c) Budget Projection Statement and
Program Activity Statement. (1) The
State agency shall submit to FNS for
approval a Budget Projection Statement and Program Activity Statement
in accordance with the submittal dates
in § 272.2(e).
(i) The Budget Projection Statement
solicits projections of the total costs

for major areas of program operations.
The Budget Projection Statement shall
be submitted annually and updated as
necessary through the year. The Budget Projection Statement shall contain
projections for each quarter of the next
Federal fiscal year. The State agency
shall submit with the Budget Projection Statement a narrative justification documenting and explaining the
assumptions used to arrive at the projections. The narrative shall cover such
subjects as: The number and salary
level of employees; other factors affecting personnel costs including anticipated increases in pay rates or benefits, and reallocations of staff among
units or functions, insofar as these
might result in cost increases or decreases; costs for purchasing, leasing,
and maintaining equipment and space,
especially as concerns any upcoming,
one-time-only purchases of new capital
assets such as ADP equipment, renegotiation of leases, changes in depreciation rates or procedures, relocation of
offices, maintenance and renovation
work, and inflation; issuance system
costs,
including
renegotiation
of
issuing agent fees and plans to change
issuance systems; changes in caseload
and factors contributing to increases
or decreases in the number of participants; recertifications, including the
anticipated impact of economic conditions (and in particular unemployment) and seasonality; cost implications of corrective action plans; anticipated changes in program regulations
and operating guidelines and instructions; training needs; travel costs; and
adjustments in insurance premiums.
The narrative should cover as many of
the items listed above, and any other
items deemed relevant by the State
agency, that will have a significant impact on costs. The State agency is not
required to discuss every item in the
list in every submission of a Budget
Projection Statement. The narrative
should concentrate on items that account for increases or decreases in
costs from the preceding submissions.
(ii) The Program Activity Statement,
to be submitted quarterly (unless otherwise directed by FNS), solicits a
summary of Program activity for the
State agency’s operations during the
preceding reporting period.

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Food and Nutrition Service, USDA

§ 272.2

(2) The organizational outline submitted in 1982 as an attachment to the
Program Activity Statement shall be
considered the basic outline. Henceforth, changes to this outline shall be
provided to FNS as they occur. The
outline contains the following information:
(i) The position of the head of the
State agency responsible for administering SNAP in relation to the overall State organizational structure, i.e.,
the Program Director in relation to the
Commissioner of Welfare;
(ii) A description of the organizational structure through which the
State agency will administer and operate SNAP, including whether the Program is State, county, locally, or regionally-administered; whether the
workers have single SNAP or multiprogram functions; and the title and
position of the individual or panel designated as the hearing authority and
whether officials conduct both fair and
fraud hearings.
(iii) A description of the funding arrangement by which State, county, and
local jurisdictions will contribute to
the State agency portion of administrative costs;
(iv) The position within the State organizational structure of the Performance Reporting System (PRS) coordinator, including whether the PRS coordinator is full or part-time, and is responsible for direct supervision over
Quality Control or Management Evaluation or if these functions are handled
separately, and whether quality control reviewers have single SNAP or
multi-program review responsibilities;
(v) The position of the training coordinator and whether this is a full or
part-time position; and
(vi) The organizational entity responsible for corrective action.
(3) Additional attachments. Attached
for informational purposes (not subject
to approval as part of the plan submission procedures) to the Program Activity Statement and submitted as required in paragraph (e)(3) of this section shall be the agreements between
the State agency and the United States
Postal Service for coupon issuance, and
between the State agency and the Social Security Administration for supplemental income/SNAP joint applica-

tion processing and for routine user
status.
(d) Planning documents. (1) The following planning documents shall be
submitted:
(i) Quality Control Sampling Plan as
required by § 275.11(a)(4);
(ii) Disaster Plan as required by
§ 280.6 (currently reserved), or certification that a previously submitted Disaster Plan has been reviewed and remains current;
(iii) Nutrition Education Plan if the
State agency elects to request Federal
Supplemental Nutrition Assistance
Program Education (SNAP-Ed) grant
funds to conduct nutrition education
and obesity prevention services as discussed in paragraph (d)(2) of this section.
(iv) A plan for the State Income and
Eligibility Verification System required by § 272.8.
(v) Employment and Training Plan as
required in § 273.7 (c)(6).
(vi) ADP/CIS Plan as required by
§ 272.10.
(vii) A plan for the Systematic Alien
Verification for Entitlements (SAVE)
Program as required by § 272.11(e).
(viii) Mail Issuance Loss Reporting
Level Plan required by § 276.2(b)(4), for
the State agency using mail issuance,
shall contain the unit level of reporting mail issuance losses for the upcoming fiscal year as elected by the State
agency. If a State agency does not revise its Plan by August 15 in any given
year, FNS shall continue to require reporting and to assess liabilities for the
next fiscal year at the level last indicated by the State agency. If the agency has selected the unit provided for in
§ 276.2(b)(4)(ii), a listing of the issuance
sites or counties comprising each administrative unit within the State
agency shall also be included in the
Plan.
(ix) A plan for Program informational activities as specified in
§ 272.5(c).
(x) Claims Management Plan as required by § 273.18(a)(3) to be submitted
for informational purposes only; not
subject to approval as part of the plan
submission procedures under paragraph
(e) of this section.
(xi)–(xii) [Reserved]

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§ 272.2

7 CFR Ch. II (1–1–22 Edition)

(xiii) If the State agency chooses to
implement the optional provisions
specified in (273.11(k), (l), (o), (p), and
(q) of this chapter, it must include in
the Plan’s attachment the options it
selected, the guidelines it will use, and
any good cause criteria under paragraph (o). For § 273.11(k) of this chapter, the State agency must identify
which sanctions in the other programs
this provision applies to. The State
agency must also include in the plan a
description of the safeguards it will use
to restrict the use of information it
collects in implementing the optional
provision contained in § 273.11(p) of this
chapter.
(xiv) The State agency’s disqualification
plan,
in
accordance
with
§ 273.7(f)(3) of this chapter.
(xv) If the State agency chooses to
implement the provisions for a work
supplementation or support program,
the work supplementation or support
program plan, in accordance with
§ 273.7(l)(1) of this chapter.
(xvi) If the State agency chooses to
implement the optional provisions
specified in:
(A)
Section
273.2(c)(7)(viii)
and
273.2(c)(7)(ix) of this chapter, it must
include in the Plan’s attachment the
option to accept telephonic signatures
and gestured signatures on the application and reapplication forms (other
than for households the State may be
required to accept such signatures as a
reasonable accommodation under Section 504 of the Rehabilitation Act or in
compliance with other civil rights
laws) and a description of the procedures being pursued under the provision;
(B) Sections 273.2(e)(2) and 273.14(b)(3)
of this chapter, it must include in the
Plan’s attachment the option to provide telephone interviews in lieu of
face-to-face interviews at initial application and reapplication for households
other than those that meet the hardship criteria and a description of the
procedures being pursued under the
provision;
(C)
Sections
273.2(f)(1)(xii),
273.2(f)(8)(i)(A), 273.9(d)(5), 273.9(d)(6)(i)
and 273.12(a)(4) of this chapter, it must
include in the Plan’s attachment the
options it has selected;

(D) Section 273.5(b)(5) of this chapter,
it must include in the Plan’s attachment the option to average student
work hours and a description of how
student work hours will be calculated;
(E) Section 273.8(e)(19) of this chapter, it must include in the Plan’s attachment a statement that the option
has been selected and a description of
the resources being excluded under the
provision;
(F) Section 273.9(c)(3) of this chapter,
it must include in the Plan’s attachment a statement that the option has
been selected and a description of the
types of educational assistance being
excluded under the provision;
(G)
Sections
273.9(c)(18)
and
273.9(c)(19) of this chapter, it must include in the Plan’s attachment a statement of the options selected and a description of the types of payments or
the types of income being excluded
under the provisions;
(H) Section 273.12(a)(5) of this chapter, it must include in the Plan’s attachment a statement that the option
has been selected and a description of
the types of households to whom the
option applies;
(I) Section 273.12(c) of this chapter, it
must include in the Plan’s attachment
a statement that the option has been
selected and a description of the deductions affected; and
(J) Section 273.26 of this chapter, it
must include in the Plan’s attachment
a statement that transitional SNAP
benefits are available and a description
of the eligible cash-assistance programs by which households may qualify for transitional benefits; if one of
the eligible programs includes a Statefunded
cash
assistance
program;
whether household participation in
that program runs concurrently, sequentially, or alternatively to TANF;
the categories of households eligible
for such benefits; the maximum number of months for which transitional
benefits will be provided.
(xvii) A plan indicating the definition
of fleeing felon the State agency has
adopted, as provided for in § 273.11(n).
(xviii) A list indicating the names of
gaming entities with which the State
agency has entered into cooperative
agreements and the frequency of data
matches with such entities.

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Food and Nutrition Service, USDA

§ 272.2

(2) Nutrition Education Plan. If submitted, the Supplemental Nutrition
Assistance Program Education (SNAPEd) Plan must include the following:
(i) Conform to standards established
in this regulation, SNAP-Ed Plan Guidance, and other FNS policy. A State
agency may propose to implement an
annual or multiyear Plan of up to
three years;
(ii) Identify the methods the State
will use to notify applicants, participants and eligible individuals to the
maximum extent possible of the availability of SNAP-Ed activities in local
communities;
(iii) Describe methods the State
agency will use to identify its target
audience. FNS will consider for approval targeting strategies and supporting data sources included in SNAPEd Plan Guidance and alternate targeting strategies and supporting data
sources proposed by State agencies;
(iv) Present a valid and data-driven
needs assessment of the nutrition,
physical activity, and obesity prevention needs of the target population,
and their barriers to accessing healthy
foods and physical activity. The needs
assessment should consider the diverse
characteristics of the target population, including race/ethnicity, gender, employment status, housing, language, transportation/mobility needs,
and other factors;
(v) Ensure interventions are appropriate for the low-income population
defined as SNAP participants and lowincome individuals eligible to receive
benefits under SNAP or other meanstested Federal assistance programs and
individuals residing in communities
with a significant low-income population. The interventions must recognize the population’s constrained resources and potential eligibility for
Federal food assistance;
(vi) Describe the evidence-based nutrition education and obesity prevention services that the State will provide in SNAP-Ed and how the State
will deliver those services, either directly or through agreements with
other State or local agencies or community organizations, and how the
interventions and strategies meet the
assessed nutrition, physical activity,

and obesity prevention needs of the
target population;
(vii) Use of Funds. (A) A State agency
must use the SNAP-Ed nutrition education and obesity prevention grant to
fund the administrative costs of planning, implementing, operating, and
evaluating its SNAP-Ed program in accordance with its approved SNAP-Ed
Plan; State agencies shall provide program oversight to ensure integrity of
funds and demonstrate program effectiveness regarding SNAP-Ed outcomes
and impacts;
(B) Definitions. SNAP nutrition education and obesity prevention services
are defined as a combination of educational strategies, accompanied by
supporting environmental interventions, demonstrated to facilitate adoption of food and physical activity
choices and other nutrition-related behaviors conducive to the health and
well-being of SNAP participants and
low-income individuals eligible to receive benefits under SNAP or other
means-tested Federal assistance programs and individuals residing in communities with a significant low-income
population. Nutrition education and
obesity prevention services are delivered through multiple venues, often
through partnerships, and involve activities at the individual, interpersonal, community, and societal levels. Acceptable policy level interventions are activities that encourage
healthier choices based on the current
Dietary Guidelines for Americans.
Intervention strategies may focus on
increasing consumption of certain
foods, beverages, or nutrients as well
as limiting consumption of certain
foods, beverages, or nutrients consistent with the Dietary Guidelines for
Americans;SNAP-Ed nutrition education and obesity prevention activities must be evidence-based. An evidence-based approach for nutrition
education and obesity prevention is defined as the integration of the best research evidence with best available
practice-based evidence. The best research evidence refers to relevant rigorous nutrition and public health nutrition research including systematically reviewed scientific evidence.
Practice-based evidence refers to case
studies, pilot studies and evidence from

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§ 272.2

7 CFR Ch. II (1–1–22 Edition)

the field on nutrition education interventions that demonstrate obesity prevention potential. Evidence may be related to obesity prevention target
areas, intervention strategies and/or
specific interventions. The target areas
are identified in the current Dietary
Guidelines for Americans. SNAP-Ed
services may also include emerging
strategies or interventions, which are
community- or practitioner-driven activities that have the potential for obesity prevention, but have not yet been
formally evaluated for obesity prevention outcomes. Emerging strategies or
interventions require a justification for
a novel approach and must be evaluated for effectiveness. Intervention
strategies are broad approaches to intervening on specific target areas.
Interventions are a specific set of evidence-based, behaviorally-focused activities and/or actions to promote
healthy eating and active lifestyles.
Evidence-based allowable uses of funds
for SNAP-Ed include conducting and
evaluating intervention programs, and
implementing and measuring the effects of policy, systems and environmental changes in accordance with
SNAP-Ed Plan Guidance;
(C) SNAP-Ed activities must promote
healthy food and physical activity
choices based on the most recent Dietary Guidelines for Americans.
(D) SNAP-Ed activities must include
evidence-based activities using two or
more of these approaches: individual or
group-based
nutrition
education,
health promotion, and intervention
strategies; comprehensive, multi-level
interventions at multiple complementary organizational and institutional
levels; community and public health
approaches to improve nutrition and
physical activity;
(viii) Include a description of the
State’s efforts to coordinate activities
with national, State, and local nutrition education, obesity prevention, and
health promotion initiatives and interventions, whether publicly or privately
funded. States must consult and coordinate with State and local operators
of other FNS programs, including the
Special Supplemental Nutrition Program for Women, Infants, and Children
(WIC), the National School Lunch Program, Farm to School, and the Food

Distribution Program on Indian Reservations, to ensure SNAP-Ed complements the nutrition education and
obesity prevention activities of those
programs. States may engage in
breastfeeding education, promotion,
and support that is supplementary to
and coordinated with WIC, which has
the lead and primary role in all
breastfeeding activities among FNS
programs. The relationship between
the State agency and other organizations it plans to coordinate with for
the provision of services, including
statewide organizations must be described. Copies of contracts and Memoranda of Agreement or Understanding
that involve funds made available
under the State agency’s Federal
SNAP-Ed grant must be available for
inspection upon request;
(ix) Include an operating budget for
the Federal fiscal year with an estimate of the cost of operation for one or
more years, according to the State’s
approved SNAP-Ed Plan. As part of the
budget process, the State must inform
FNS by the end of the first quarter of
each Federal fiscal year (December 31)
of any portion of its prior year allocation that it cannot or does not plan to
spend for SNAP-Ed activities by the
end of the Federal fiscal year.
(x) Federal financial participation and
allocation of grants. (A) A State agency’s receipt of a Federal SNAP-Ed
grant is contingent on FNS’ approval
of the State agency’s SNAP-Ed Plan. If
an adequate Plan is not submitted or
an extension granted, FNS may reallocate a State agency’s grant among
other State agencies with approved
Plans. These funds are the only source
of Federal funds to States available
under section 28 of the Food and Nutrition Act of 2008, as amended, for SNAP
nutrition education and obesity prevention services. Funds in excess of the
grants are not eligible for SNAP Federal reimbursement. The grant requires
no State contribution or match;
(B) Shall identify the uses of funding
for State or local projects and show
that the funding received shall remain
under the administrative control of the
State agency;
(C) For each of fiscal years (FY) 2011–
2013, each State agency that submitted

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Food and Nutrition Service, USDA

§ 272.2

an approved 2009 SNAP-Ed Plan received a Federal grant based on the
State’s SNAP-Ed expenditures in FY
2009, as reported to the Secretary in
February 2010, in proportion to FY 2009
SNAP-Ed expenditures by all States in
that year.
(D) For FY 2014 and subsequent
years, the allocation formula (prescribed insection 28(d)(2)(A) of the Food
and Nutrition Act of 2008) is based on a
ratio of:
(1) A State’s share of national SNAPEd expenditures in FY 2009 in relation
to State SNAP-Ed expenditures nationally
(as
described
in
paragraph
(d)(2)(x)(C) of this section) and
(2) The percentage of the number of
individuals participating in SNAP in
the State during the preceding fiscal
year in relation to the percentage of
SNAP participation nationally during
that year.
(E) The second part of the formula
applicable to FY 2014 and subsequent
years, the ratio of SNAP participation
in a State in relation to SNAP participation nationally, will annually increase as a percentage of the annual
Federal SNAP-Ed funding. In FY 2014,
the formula’s ratio of State FY 2009
SNAP-Ed expenditures to SNAP participation was 90/10. SNAP participation will increase as a factor in the
funding formula until FY 2018, when
the ratio will be 50/50. The 50/50 ratio
shall continue after FY 2018.
The allocations to a State for SNAPEd grants will be:
(1) For FY 2013, in direct proportion
to a State’s SNAP-Ed expenditures for
FY 2009, as reported in February 2010;
(2) For FY 2014, 90 percent based on a
State’s FY 2009 SNAP-Ed expenditures,
and 10 percent based on the State’s
share of national SNAP participants
for the 12-month period February 1,
2012 to January 31, 2013;
(3) For FY 2015, 80 percent based on a
State’s FY 2009 SNAP-Ed expenditures,
and 20 percent based on the State’s
share of national SNAP participants
for the 12-month period February 1,
2013 to January 31, 2014;
(4) For FY 2016, 70 percent based on a
State’s FY 2009 SNAP-Ed expenditures,
and 30 percent based on the State’s
share of national SNAP participants

for the 12-month period February 1,
2014 to January 31, 2015;
(5) For FY 2017, 60 percent based on a
State’s FY 2009 SNAP-Ed expenditures,
and 40 percent based on the State’s
share of national SNAP participants
for the 12-month period February 1,
2015 to January 31, 2016; and,
(6) For FY 2018 and subsequent years,
50 percent based on a State’s FY 2009
SNAP-Ed expenditures, and 50 percent
based on the State’s share of national
SNAP participants for the previous 12month period ending January 31;
(F) If a participating State agency
notifies FNS as required in (ix) above
that it will not obligate or expend all
of the funds allocated to it for a fiscal
year under this section, FNS may reallocate the unobligated or unexpended
funds to other participating State
agencies that have approved SNAP-Ed
Plans during the period for which the
funding is available for new obligations
by FNS. Reallocated funds received by
a State will be considered part of its
base FY 2009 allocation for the purpose
of determining the State’s allocation
for the next fiscal year; funds surrendered by a State shall not be considered part of its base FY 2009 allocation
for the next fiscal year for the purpose
of determining the State’s allocation
for the next fiscal year.
(xi) Fiscal recordkeeping and reporting requirements. Each participating
State agency must meet FNS fiscal
recordkeeping and reporting requirements. Total SNAP-Ed expenditures
and State, private, and other contributions to SNAP-Ed activities are reported through the financial reporting
means and in the timeframe designated
by FNS;
(xii) Additional information may be
required of the State agency, on an as
needed basis, regarding the type of nutrition education and obesity prevention activities offered and the characteristics of the target population
served, depending on the contents of
the State’s SNAP-Ed Plan, to determine whether nutrition education
goals are being met;
(xiii) The State agency must submit
a SNAP-Ed Annual Report to FNS by
January 31 of each year. The report
shall describe SNAP-Ed Plan project

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§ 272.2

7 CFR Ch. II (1–1–22 Edition)

activities, outcomes, and budget for
the prior year.
(e) Submittal requirements. States
shall submit to the appropriate FNS
Regional Office for approval each of
the components of the Plan of Operation for approval within the timeframes established by this paragraph.
Approval or denial of the document
may be withheld pending review by
FNS. However, if FNS fails to either
approve, deny, or request additional information within 30 days, the document is approved. If additional information is requested, the State agency
shall provide this as soon as possible,
and FNS shall approve or deny the
Plan within 30 days after receiving the
information.
(1) The Federal/State agreement
shall be signed by the Governor of the
State or authorized designee and shall
be submitted to FNS within 120 days
after publication of these regulations
in final form and shall remain in effect
until terminated.
(2) The Budget Projection Statement
and Program Activity Statement shall
be signed by the head of the State
agency or its chief financial officer and
submitted as follows:
(i) The Budget Projection Statement
shall be submitted annually, no later
than August 15 of each year.
(ii) The Program Activity Statement
shall be submitted quarterly (unless
otherwise directed by FNS) based on
the Federal fiscal year.
(3) Changes to the organizational
outline required by § 272.2(c)(2) and the
agreements with other agencies outlined in § 272.2(c)(3)(ii) shall be provided
to FNS as changes occur. The attachments outlined in § 272.2(c)(3)(i) shall be
submitted annually with the Program
Activity Statement.
(4) The Quality Control Sampling
Plan shall be signed by the head of the
State agency and submitted to FNS
prior to implementation as follows:
(i) According to the timeframes specified in paragraph (e)(4)(ii) of this section, prior to each annual review period each State agency shall submit
any changes in their sampling plan for
FNS approval or submit a statement
that there are no such changes. These
submittals shall include the statement
required by § 275.11(a)(2), if appropriate.

The Quality Control Sampling Plan in
effect for each State agency as of the
beginning of Fiscal Year 1984 shall be
considered submitted and approved for
purposes of this section, provided that
the State agency has obtained prior
FNS approval of its sampling plan.
(ii) Initial submissions of and major
changes to sampling plans and changes
in sampling plans resulting from general changes in procedure shall be submitted to FNS for approval at least 60
days prior to implementation. Minor
changes to approved sampling plans
shall be submitted at least 30 days
prior to implementation.
(5) Disaster Plan. [Reserved]
(6) The SNAP-Ed Plan shall be signed
by the head of the State agency and
submitted prior to funding of nutrition
education and obesity prevention activities when the State agency elects
to request Federal grant funds to conduct these SNAP-Ed activities. The
Plan shall be submitted for approval no
later than August 15. Approved plans
become effective the following FFY October 1 to September 30.
(7) Where applicable, State agencies
shall consult (on an ongoing basis)
with the tribal organization of an Indian reservation about those portions
of the State Plan of Operation pertaining to the special needs of the
members of the tribe.
(8) ADP/CIS Plan. The ADP/CIS Plan
shall be signed by the head of the State
agency and submitted to FNS by October 1, 1987. State agencies which require additional time to complete their
ADP/CIS plan may submit their plan in
two phases as described in § 272.10(a)(2),
with the first part of the plan being
submitted October 1, 1987. State agencies requiring additional time shall
submit the second part of their plans
by January 1, 1988. If FNS requests additional information to be provided in
the State agency ADP/CIS Plan or if
FNS requests that changes be made in
the State agency ADP/CIS Plan, State
agencies must comply with FNS comments and submit an approvable ADP/
CIS Plan within 60 days of their receipt
of the FNS comments but in no event
later than March 1, 1988. Requirements
for the ADP/CIS plan are specified in
§ 272.10.

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Food and Nutrition Service, USDA

§ 272.3

(9) The Employment and Training
Plan shall be submitted as specified
under § 273.7(c)(8).
(f) Revisions. Revisions to any of the
planning documents or the Program
and Budget Summary Statement shall
be prepared and submitted for approval
to the appropriate FNS Regional Office
in the same manner as the original
document. However, revisions to the
budget portion of the Budget Projection Statement and Program Activity
Statement shall be submitted as follows:
(1) Program funds. (i) For program
funds, State agencies shall request
prior approvals promptly from FNS for
budget revisions whenever:
(A) The revision indicates the need
for additional Federal funding;
(B) The program budget exceeds
$100,000, and the cumulative amount of
transfers among program functions exceeds or is expected to exceed five percent of the program budget. The same
criteria apply to the cumulative
amount of transfers among functions
and activities when budgeted separately for program funds provided to a
subagency, except that FNS shall permit no transfer which would cause any
Federal appropriation, or part thereof,
to be used for purposes other than
those intended;
(C) The revisions involve the transfer
of amounts budgeted for indirect costs
to absorb increases in direct costs; or
(D) The revisions pertain to the addition of items requiring prior approval
by FNS in accordance with the provisions of the applicable cost principles
specified 2 CFR part 200, subpart E and
USDA implementing regulations 2 CFR
part 400 and part 415.
(ii) No other changes to the Program
fund budget require approval from
FNS. Examples of changes which do
not require Federal approval are: The
use of State agency funds to accomplish program objectives over and
above the State agency minimum share
included in the approved Program
budget; and the transfer of amounts
budgeted for direct costs to absorb authorized increases in indirect costs.
(iii) The requirements of paragraph
(f)(1)(i)(B) of this section may be
waived by FNS provided that:

(A) No different limitation or approval requirement may be imposed;
and,
(B) FNS shall not permit a transfer
which would cause any Federal appropriation, or part, thereof, to be used for
purpose other than those intended.
(2) Authorized funds exceeding State
agency needs. When it becomes apparent that the funds authorized by the
Letter of Credit will exceed the needs
of the State agency, FNS will make appropriate adjustments in the Letter of
Credit in accordance with part 277.
(3) Method of requesting approvals.
When requesting approval for budget
revisions, State agencies shall use the
same format as the Budget Projection
Statement used in the previous submission. However, State agencies may request by letter the approvals required
by paragraph (f)(1)(i)(D) of this section.
(4) Notification of approval or disapproval. Within 30 days from the date
of receipt of the request for budget revisions, FNS shall review the request
and notify the State agency whether or
not the budget revisions have been approved. If the revision is still under
consideration at the end of 30 days,
FNS shall inform the State agency in
writing as to when the decision will be
made.
[Amdt. 156, 46 FR 6315, Jan. 21, 1981]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 272.2, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.govinfo.gov.

§ 272.3 Operating
forms.

guidelines

(a) Coverage of operating guidelines.
State agencies shall prepare and provide to staff responsible for administering the Program written operating
procedures. In those States which have
State regulations that outline these
Operating Procedures, these are equivalent to Operating Guidelines. Other
examples of Operating Guidelines are
manuals, instructions, directives or
transmittal memos. The following categories shall be included in the Operating Guidelines:
(1) Certification of households, including but not limited to:
(i) Application processing;

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