[Federal Register Volume 81, Number 62 (Thursday, March 31, 2016)]
[Rules and Regulations]
[Pages 18447-18456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07179]


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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Part 272

[FNS 2011-0017]
RIN 0584-AE07


Supplemental Nutrition Assistance Program: Nutrition Education 
and Obesity Prevention Grant Program

AGENCY: Food and Nutrition Service (FNS), USDA.

ACTION: Final rule.

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SUMMARY: This rule adopts the interim rule implementing the 
Supplemental Nutrition Assistance Program (SNAP) nutrition education 
and obesity prevention grant program with changes as provided in this 
rule. This rule also amends SNAP regulations to implement section 28 of 
the Food and Nutrition Act (FNA) of 2008, as added by section 241 of 
the Healthy, Hunger-Free Kids Act (HHFKA) of 2010, to award grants to 
States for provision of nutrition education and obesity prevention 
programs. These programs provide services for eligible individuals that 
promote healthy food choices consistent with the current Dietary 
Guidelines for Americans (DGAs). The rule provides State agencies with 
requirements for implementing section 28, including the grant award 
process and describes the process for allocating the Federal grant 
funding for each State's approved SNAP-Ed plan authorized under the FNA 
to carry out nutrition education and obesity prevention services each 
fiscal year. This final rule also implements section 4028 of the 
Agricultural Act of 2014 (Farm Bill of 2014), which authorizes physical 
activity promotion in addition to promotion of healthy food choices as 
part of this nutrition education and obesity prevention program.

DATES: This rule is effective March 31, 2016.

FOR FURTHER INFORMATION CONTACT: Jane Duffield, Chief, State 
Administration Branch, Program Accountability and Administration 
Division, Supplemental Nutrition Assistance Program, USDA, 3101 Park 
Center Drive, Alexandria, VA 22302, [email protected], (703) 
605-4385.

SUPPLEMENTARY INFORMATION: 

I. Executive Summary

A. Purpose of the Regulatory Action

    The HHFKA removed the existing nutrition education program under 
section 11(f) of the FNA (7 U.S.C. 2011 et seq.), commonly known as 
SNAP Education (SNAP-Ed), and added in its place section 28, the 
nutrition education and obesity prevention grant program. This rule 
implements the new program, which the Food and Nutrition Service (FNS) 
continues to refer to as SNAP-Ed, and seeks to improve its operation 
and effectiveness to make the program easier for States to administer 
while improving the health of the low-income population.
    The implementation of this program provides a focus on the critical 
problem of obesity and allows coordinated services to be provided to 
participants in Federal assistance programs and other low-income 
persons. This action broadens collaboration efforts and relationships 
in order to provide more flexibility to include a wider range of 
evidence-based intervention strategies.
    The interim rule published at 78 FR 20411 (April 5, 2013) is 
adopted as a final rule with changes as provided in this rule.

B. Summary of the Major Provisions of the Regulatory Action in Question

Target Population
    The FNA defines individuals eligible for SNAP-Ed as those who 
receive SNAP or National School Lunch/School Breakfast Program free or 
reduced price benefits, individuals residing in a community with a 
significant low-income population, and other low-income individuals as 
defined by the Secretary. FNS decided to include low-income individuals 
eligible to receive benefits under SNAP or other means-tested Federal 
assistance programs such as Medicaid or Temporary Assistance for Needy 
Families (TANF), etc., in this definition to ease administrative burden 
on States. This definition more closely aligns SNAP-Ed with other FNS, 
Federal and State-administered benefit programs.
Nutrition Education State Plans
    This rule requires States to submit a Nutrition Education State 
Plan (SNAP-Ed Plan) in order to receive a SNAP-Ed grant, essentially 
the same procedure as before. FNS decided to strengthen SNAP-Ed Plan 
requirements to better assure that the Plans adequately address HHFKA 
requirements and public comment. The Plans must: (1) Present valid and 
data driven needs assessments of the nutrition, physical activity, and 
obesity prevention needs of the target population; (2) identify the use 
of funding for evidence-based State or local projects that meet those 
needs; (3) ensure that interventions are comprehensive in scope and 
appropriate for the eligible low-income population and communities; (4) 
recognize the population's constrained resources and potential 
eligibility for Federal nutrition assistance; and (5) demonstrate and 
follow evidence-based strategies for effective nutrition education and 
obesity prevention. The rule allows States to propose

[[Page 18448]]

implementing annual or multi-year SNAP-Ed Plans of up to three years.
Use of Funds
    The FNA permits States to use funds for evidence-based allowable 
uses identified by the FNS Administrator in consultation with the 
Director of the Centers for Disease Control and Prevention (CDC). Under 
this rule, the definitions for nutrition education and obesity 
prevention services and an evidence-based approach are provided for 
States to use in their SNAP-Ed programming. These definitions provide 
States with greater flexibility to include environmental approaches and 
policy level work in addition to nutrition education, health promotion, 
and social marketing. Expanding these approaches has the added benefit 
of supporting more comprehensive anti-obesity efforts in addition to 
providing greater State flexibility in programming.
    Under this rule, States may deliver nutrition education and obesity 
prevention activities using two or more of these approaches: Individual 
or group-based nutrition education, health promotion, and intervention 
strategies; comprehensive, multi-level interventions; and community and 
public health approaches. To improve program design, States are 
expected to integrate multiple approaches in implementing their 
activities.
Coordination
    The rule encourages coordination of SNAP-Ed activities with public 
or privately funded health promotion and nutrition improvement 
strategies and requires that States describe their coordination 
activities in their SNAP-Ed Plans. States are strongly encouraged to 
coordinate with other organizations, particularly other State agencies 
delivering nutrition assistance programs, to reach low-income 
individuals through varied approaches.
Funding
    1. National Funding
    Congress prescribed specific dollar amounts for each of federal 
fiscal years (FFY) 2011-2015. For the 2016 and subsequent FFY, the 
total amount will be determined by adjusting the total SNAP-Ed 
allocation available nationally during the preceding FFY by an amount 
that is equal to the increase in the Consumer Price Index for All Urban 
Consumers for the 12-month period ending the preceding June 30, as 
published by the Bureau of Labor Statistics of the Department of Labor.
2. Individual State Allocation
    This rule provides grants to States through Federal funding 
authorized specifically for SNAP-Ed grants, requires no State 
contribution or match, and is the only source of Federal SNAP funds for 
these activities. This rule encourages States to seek public and 
private financial contribution for SNAP-Ed activities to leverage the 
Federal SNAP investment. However, funds in excess of the Federal SNAP-
Ed grant are not eligible for SNAP Federal reimbursement. The rule 
describes the allocation process by which a State receives funds 
between FFY 2011-2013, based on the State's SNAP-Ed expenditures in FFY 
year 2009, as reported to the Secretary in February 2010, in proportion 
to FFY 2009 SNAP-Ed expenditures by all States nationally in that year. 
For FFY 2014 and subsequent years, the allocation formula is based on a 
ratio of 1) a State's share of national SNAP-Ed expenditures in FFY 
2009 and 2) the percentage of the number of individuals participating 
in SNAP in the State during the preceding year in relation to the 
percentage of SNAP participation nationally during that year. The 
second part of the formula, the ratio of SNAP participation in a State 
in relation to SNAP participation nationally, will progressively 
increase as a percentage of the annual State funding from FFY 2014 
forward. In FFY 2014, the formula's ratio of State FFY 2009 SNAP-Ed 
expenditures to SNAP participation was 90/10. A State's FFY 2009 SNAP-
Ed expenditure will annually decrease as a factor of the ratio until 
FFY 2018, when the ratio will be 50/50. The 50/50 ratio shall continue 
each FFY after 2018. The financial provisions of this rule stabilize 
SNAP-Ed funding and reduce State administrative burden since no State 
contribution is required.

II. Background

Purpose of the Rule

    The HHFKA removed the previously existing nutrition education 
program under Section 11(f) of the FNA of 2008 (7 U.S.C. 2011 et seq.), 
known as SNAP-Ed, and adds in its place section 28, the Nutrition 
Education and Obesity Prevention Grant Program. This rule finalizes 
codification of the grant program, which FNS continues to refer to as 
SNAP-Ed, and seeks to improve its operation and effectiveness to make 
the program easier for States to administer while meeting the needs of 
the low-income population. The interim rule published at 78 FR 20411 
(April 5, 2013), was effective upon publication, providing immediate 
direction for States, while also allowing for adjustments, based on 
public comment. It is adopted as a final rule with changes as provided 
in this rule.
    This final rule provides State agencies with final requirements for 
implementing section 28 of the FNA, including the grant award process 
and describes the process for allocating the Federal grant funding 
authorized under the FNA. Section 28 of the FNA requires no State 
contribution or match, but permits States to seek public and private 
financial contributions to SNAP-Ed activities. This rule encourages 
States to seek these contributions to leverage their Federal SNAP 
investment. The rule encourages greater coordination of projects with 
other public or privately funded health promotion, nutrition 
improvement and obesity prevention strategies, including other Federal 
assistance programs.

Consultations

    A requirement of section 28 of the FNA was for FNS to consult with 
the Director of the CDC and a wide range of stakeholders and experts to 
identify allowable uses of funds and to strengthen the delivery, 
oversight and evaluation of nutrition education and obesity prevention 
services in the development of the rule. FNS conducted an aggressive 
outreach effort during the development of the interim rule, hosting 25 
consultative sessions and obtaining input from more than 150 
stakeholders over a 6 month period. The extensive consultation period 
was instrumental in the development of the SNAP-Ed interim rule and may 
have contributed to FNS receiving relatively few comments recommending 
major changes for consideration during the comment period for the 
interim rule.
    Based on the requirements of section 28 of the FNA and the input 
received during the consultations, the interim rule was formulated to 
make changes in SNAP-Ed programming in the following areas:

Nutrition Education State Plans

    Consistent with prior law, section 28 of the FNA requires State 
agency submission of a SNAP-Ed Plan in order to receive a grant for the 
provision of nutrition education and obesity prevention services. Based 
on stakeholder interest, FNS determined that States may propose to 
implement annual or multi-year SNAP-Ed Plans that cover a timeframe of 
up to three years. The timelines associated with Plan development, 
submission and final reports remained the same as they were prior to 
changes in the FNA and these timelines were incorporated into the

[[Page 18449]]

interim rule. The interim rule codified the requirement that SNAP-Ed 
Plans address the provisions specified by law and meet standards 
established in the rule, SNAP-Ed Plan Guidance (https://snaped.fns.usda.gov/national-snap-ed/snap-ed-plan-guidance-and-templates), and other FNS policy.

Target Population

    Section 28 of the FNA defines individuals eligible for SNAP-Ed 
services as those who receive SNAP or National School Lunch/School 
Breakfast Program free or reduced price benefits, individuals residing 
in a community with a significant low-income population, and other low-
income individuals as defined by the Secretary. Some stakeholders 
recommended that FNS expand the definition of those eligible for SNAP-
Ed. In considering that recommendation, FNS decided to define low-
income persons for SNAP-Ed as SNAP participants and low-income 
individuals eligible to receive benefits under SNAP or other means-
tested Federal assistance programs such as Medicaid, Temporary 
Assistance for Needy Families (TANF), the free and reduced price meals 
under the National School Lunch Program (NSLP), etc. This definition 
aligns SNAP-Ed with other FNS, Federal and State-administered benefit 
programs, allowing the focus to remain on low-income populations while 
permitting a greater reach to persons residing in communities with a 
significant low-income population.
    Information received during the consultations leading up to the 
interim rule indicated the need for expanded strategies and data 
sources to assist in identifying SNAP-Ed target audiences, to address 
fully the challenges many experienced identifying and reaching their 
audiences. FNS recognized States' interest in greater flexibility in 
the methods and data sources to use in identifying their low-income 
SNAP-Ed population. FNS determined that States may propose several 
methodologies that use relevant supporting data sources beyond those 
included in SNAP-Ed Plan Guidance to identify their target audience, 
including alternative targeting methodologies such as defined areas 
around a qualifying school, SNAP office or other methodologies.

Use of Funds

    FNS received input from stakeholders, including Federal partners, 
on the definition of nutrition education and obesity prevention 
services on which to base SNAP-Ed programming under the interim rule. 
FNS considered these recommendations, the definition used by CDC for 
obesity prevention services, and the Institute of Medicine's key 
messages about obesity prevention to define nutrition education and 
obesity prevention services. The interim rule definition considered the 
resources available for nutrition education and obesity prevention 
services, the mission of FNS, and the goal of SNAP-Ed.
    Choosing physically active lifestyles along with making healthy 
food choices for those eligible for SNAP have long been included as 
goals of SNAP-Ed. SNAP-Ed principles at present also are aligned with 
the FNA's requirement for promotion of physical activity in addition to 
healthy food choices. Thus, physical activity choices along with food 
choices were included in the definition of SNAP-Ed nutrition education 
and obesity prevention services.
    The FNA also required that allowable nutrition education and 
obesity prevention strategies shall be evidence-based. FNS received 
feedback on the evidence-based approaches stakeholders thought would 
move SNAP-Ed into closer alignment with other governmental, 
institutional, community-based and public health organizations. 
Stakeholders also encouraged FNS to approve and promote nutrition 
education and obesity prevention activities that showed promise and 
could be instrumental in demonstrating the effectiveness of a wide 
range of approaches to provide these activities. FNS reviewed 
definitions used by the Institute of Medicine and CDC, and 
recommendations from commenters to develop the definition of evidence-
based activities included in the interim rule.
    The FNA further stipulates that funds may be used for evidence-
based activities using any or all of these three approaches: individual 
and group-based strategies; comprehensive multi-level interventions; 
and/or community and public health approaches. FNS also considered the 
following to determine how States might best deliver nutrition 
education and obesity prevention services in SNAP-Ed: use of the 
social-ecological model to address nutrition education and obesity 
prevention interventions; community and public health approaches 
promoted by CDC and other groups; and the 2010 DGAs Social-Ecological 
Framework for Nutrition and Physical Activity Decisions that 
illustrates how spheres of influence affect individual and family 
eating and physical activity choices. FNS decided to permit States to 
implement one or more of the approaches described in section 28 of the 
FNA to deliver evidence-based nutrition education and obesity 
prevention activities in their SNAP-Ed programs. FNS encouraged State 
agencies in the interim rule to integrate multiple approaches in 
implementing nutrition education and obesity prevention activities to 
improve program design.

Coordination

    The FNA encourages States to coordinate nutrition education and 
obesity prevention grant program projects with other public or 
privately funded health promotion or nutrition improvement strategies 
as long as the State agency retains administrative control of the 
projects. FNS expects States to coordinate SNAP-Ed activities with 
other national, State and local nutrition education and health 
promotion initiatives and interventions, and requires that an applying 
State demonstrate such coordination in its SNAP-Ed Plan. FNS recognizes 
the synergy of coordinating activities and the potential impact of 
leveraging funding. In addition, States must show in their SNAP-Ed 
Plans that the Federal funding received from SNAP will remain under the 
administrative control of the State agency as they coordinate their 
activities with other organizations.
    Although FNS has encouraged States to connect and integrate 
nutrition education across programs and to implement a variety of 
nutrition education approaches, stakeholders have advised FNS to more 
strongly encourage or mandate that State agencies coordinate their 
SNAP-Ed activities with other projects in their State.

Funding

    Section 28 of the FNA altered the manner in which SNAP-Ed funding 
is determined for States. Because the funding language is specific and 
prescriptive, FNS has no discretion as to how funds are allocated to 
States with approved SNAP-Ed Plans. However, FNS has addressed concerns 
expressed by commenters about the methods used to determine the 
allocations, the allocation amounts and the reallocation of funds 
should any State surrender them. The interim rule implemented financial 
changes retroactive from the enactment of the HHFKA forward, 
stipulating that SNAP State agencies submitting an approved SNAP-Ed 
Plan will receive a Federal nutrition education and obesity prevention 
grant.

Summary of Comments

    Eighteen comments to the interim rule were received and are 
available for public inspection on

[[Page 18450]]

www.regulations.gov. Representatives from two State agencies, six 
member organizations, four advocacy/policy groups, as well as six non-
affiliated individuals provided comments.
    In general, all of the commenters except one were supportive of the 
rule. The majority of the commenters observed that the interim rule is 
very consistent with their vision for SNAP-Ed. Several further stated 
that the rule is clearly responsive to the input that they and many 
other stakeholders provided during the development of the rule. The 
commenters acknowledged that the rule adds flexibility and efficiencies 
to SNAP-Ed programming while ensuring rigorous oversight and 
facilitating a comprehensive approach to SNAP-Ed. Commenters favorably 
viewed the provision allowing States to adopt multi-year nutrition 
education plans as having a positive impact on States' administrative 
burden. The one negative comment received expressed that there is no 
need for spending on the program.
    Positive feedback was received on three definitions included in the 
interim rule: nutrition education and obesity prevention services; 
evidence-based approaches; and target population. One organization 
recommended that FNS expand the definition of nutrition education and 
obesity prevention services to include an emphasis on food insecurity 
as a strategy to improve nutrition and reduce obesity. FNS understands 
the commenter's interest in addressing food insecurity through SNAP-Ed. 
However, because receipt of SNAP benefits addresses food insecurity and 
addressing food insecurity is not a stated purpose for SNAP-Ed in 
section 28 of the FNA, the recommendation to include additional 
emphasis on food insecurity will not be included in the final rule. The 
definition for SNAP nutrition education and obesity prevention at Sec.  
272.2(d)(2)(vii)(B) has been improved to enhance clarity.
    One organization expressed that States should be allowed to 
implement strategies that may not have been thoroughly reviewed in 
scientific literature but may have potential to improve nutrition and 
reduce obesity. In response to this comment FNS further refined the 
definition of evidence-based approaches at Sec.  272.2(d)(2)(vii)(B) to 
indicate that SNAP-Ed services may include emerging strategies or 
interventions and that these strategies or interventions require 
justification and evaluation.
    This final rule implements section 4028 of the Farm Bill of 2014 
which authorizes physical activity promotion along with promotion of 
healthy food choices as part of SNAP-Ed programming. Language at Sec.  
272.2(d)(2)(vii)(C) remains the same as the interim rule because SNAP-
Ed has promoted physical activity along with healthy food choices based 
on the Dietary Guidelines for Americans for some time. Physical 
activity was included as a required element of a SNAP-Ed Plan at Sec.  
272.2(d)(2)(iv), Sec.  272.2(d)(2)(vi) and Sec.  272.2(d)(2)(vii)(D).
    The final rule addresses SNAP-Ed provisions of the FNA and HHFKA, 
however many of the comments relate to routine SNAP-Ed programmatic 
operations that are more effectively addressed through alternate means 
rather than through rulemaking. The SNAP-Ed Plan Guidance and other 
opportunities for additional policy development are available and are 
the most effective means to address stakeholder concerns that are 
unrelated to the provisions being implemented through this rule. The 
final rule at Sec.  272.2 (d)(2)(i) stipulates that SNAP-Ed Plans shall 
conform to standards established in this regulation, SNAP-Ed Plan 
Guidance, and other FNS policy. FNS concurs with several comments on 
the interim rule and is responding by making adjustments in the final 
rule to address those comments. The comments received on the interim 
rule were reviewed, categorized and analyzed in six key areas and are 
discussed below.

Reporting

    The Education and Administrative Reporting System (EARS) form is 
the current means by which States report SNAP-Ed programmatic activity 
to FNS. The EARS form was devised to collect uniform information about 
SNAP-Ed activities such as demographic characteristics of participants, 
topics covered, educational delivery sites, education strategies and 
resource allocation. EARS is not an evaluation tool but provides FNS 
with national data to inform management decisions, support policy 
initiatives, provide documentation for legislative, budget and other 
requests and support planning within FNS. Four commenters recommended 
that FNS replace EARS with a more comprehensive reporting and 
evaluation system that would accommodate collection of data related to 
new activities included in the FNA. FNS foresees opportunities to 
improve any reporting form and/or system such as EARS over time. FNS 
has begun the process of addressing the feasibility of additional data 
collection through the EARS form or another means that captures SNAP-Ed 
activities implemented in the past, as well as activities called for in 
post-HHFKA SNAP-Ed programming. On August 17, 2015, a notice was 
published in the Federal Register (80 FR 49198), inviting public 
comment on a revised EARS form that will collect data related to some 
HHFKA provisions.
    The interim rule specified that States are expected to collect and 
report State and private financial contributions on the EARS form. The 
possibility exists that an alternative method for the reporting of 
programmatic and financial data will be identified by FNS. As a result, 
FNS changed language at Sec.  272.2(d)(2)(xi), Fiscal recordkeeping and 
reporting requirements, in response to comments received, to indicate 
that States must submit financial data through the means and in the 
timeframe specified by FNS. This applies to financial data that is 
reported on the EARS form as well as other financial data. Reference to 
the EARS form was deleted. FNS will provide guidance to States outside 
this rulemaking on the submission of programmatic data such as that 
collected by EARS and any new data collection that might be 
implemented.
    One organization representing State and Implementing Agencies 
requested that FNS extend the due date for annual reports. FNS 
currently does provide flexibility for report submissions in practice 
on a case by case basis. However FNS, in response to this comment at 
Sec.  272.2(d)(2)(xiii), changed the due date for Annual Reports from 
November 30 to January 31 as requested to allow States more time to 
better analyze and report on Program activities and budget. The 
reporting of outcomes was added at this section to emphasize that these 
should be included in Annual Reports.

Target Population

    Language was added at Sec.  272.2(d)(2)(v) to modify the definition 
of the target population to explicitly include individuals residing in 
communities with a significant low-income population as specified in 
the FNA. The SNAP-Ed target population is now defined in this final 
rule as 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.
    Several groups commented that FNS should make available information 
on approved alternative targeting strategies for assessing eligible 
areas and defining target populations. FNS considered this suggestion 
and included extensive

[[Page 18451]]

information relevant to this issue in recent SNAP-Ed Plan Guidance. FNS 
will continue to identify alternative targeting strategies and 
methodologies and will disseminate the information through SNAP-Ed Plan 
Guidance and other appropriate means. One advocacy group suggested FNS 
permit inclusion of large-scale institutional settings and systems, 
buffer zones, etc., as part of a targeting strategy where there is a 
significant proportion of potentially eligible individuals. Another 
organization recommended allowing State-specific criteria to determine 
target audiences. States may propose these and other targeting 
strategies for FNS consideration under current SNAP-Ed Plan Guidance, 
so no changes will be made to the rule in this area.
    One State agency provided comments about requiring States to 
conduct valid and data-driven needs assessments of their target 
populations to include barriers to accessing healthier options. A 
member organization further elaborated on the characteristics of the 
target population that States should consider when conducting needs 
assessments. These recommendations were incorporated into the rule at 
Sec.  272.2(d)(2)(iv). In response to the same State agency, FNS added 
language at Sec.  272.2(d)(2)(vi) requiring States to specify how their 
evidence-based interventions and strategies meet the assessed needs of 
their target population.
Evaluation
    Several commenters provided suggestions related to evaluations. One 
recommended expanding approval of formative research and ongoing 
monitoring costs; two organizations suggested establishing clearer 
definitions for SNAP-Ed methods, interventions, metrics and evaluation; 
others commented that FNS should allow greater flexibility in how SNAP-
Ed funds may be used for subsequent evaluative purposes. Another 
recommended continued FNS investment in SNAP-Ed evaluations such as the 
SNAP Education and Evaluation Studies (WAVEs I and II). These 
recommendations are relevant and timely but go beyond the scope of the 
requirements for SNAP-Ed set forth in the FNA and HHFKA. FNS will 
continue to consider these concerns, as applicable, through other SNAP-
Ed policy-making and development processes. FNS did include evaluating 
programs in addition to planning, implementing, and operating SNAP-Ed 
programs as an appropriate use of funds at Sec.  272.2(d)(2)(vii).
    Several commenters requested that FNS share information about new 
SNAP-Ed nutrition education and obesity prevention programming that has 
demonstrated effectiveness or has shown significant promise. FNS agrees 
with this recommendation and did release with the FFY 2014 Guidance for 
States in March 2013 the SNAP-Ed Strategies and Interventions: An 
Obesity Prevention Toolkit for States (https://snaped.fns.usda.gov/snap//SNAP-EdInterventionsToolkit.pdf) developed in conjunction with 
the National Collaborative for Childhood Obesity Research. This toolkit 
was designed to help States identify evidence-based obesity prevention 
policy and environmental change strategies and interventions to include 
in SNAP-Ed Plans. The toolkit was updated in July 2013, again in May 
2014, and will continue to be updated as needed. Also, an inventory of 
best practices in nutrition education was prepared through a National 
Institute of Food and Agriculture grant which FNS released in April 
2014. Further information on promising and proven nutrition education 
and obesity prevention strategies for SNAP-Ed will be communicated to 
States through appropriate channels as they are identified.
    Two organizations commented that FNS should encourage States to 
conduct needs assessment, formative research, interventions and 
evaluations for three population segments: SNAP participants, persons 
with incomes less than 130 percent of the Federal Poverty Level (FPL), 
and persons between 130 and 185 percent of the FPL to expand the target 
population for interventions and evaluations. Interventions and 
evaluations conducted in venues that qualify for SNAP-Ed are covered 
for these three population segments as described in SNAP-Ed Plan 
Guidance. Other organizations also recommended that: the costs of 
formative research, pilot testing, and ongoing monitoring and 
surveillance, and outcome/impact evaluation should be borne fully by 
SNAP-Ed; the costs of surveys, surveillance and special studies should 
be fully allowed as reasonable and necessary and not subject to 
proration when the baselines of different segments or communities 
impacts SNAP-Ed interventions; and FNS should clarify that the cost of 
evaluations and State surveys conducted for planning and evaluation 
include the full SNAP-Ed target population and not be prorated to apply 
only to persons at less than 130 percent of the FPL.
    The SNAP-Ed Plan Guidance includes information about conducting 
interventions and evaluations and is an appropriate source to provide 
clarifying information on these topics. Additional focus on evaluation 
in SNAP-Ed was achieved with: The addition of an evaluation and related 
resources section to the SNAP-Ed Plan Guidance; the addition of an 
evaluation section to the SNAP-Ed Strategies and Interventions: An 
Obesity Prevention Toolkit for States; the development and posting of 
the guide, Addressing the Challenges of Conducting Effective 
Supplemental Nutrition Assistance Program Education (SNAP-Ed) 
Evaluations: A Step-by Step Guide (http://www.fns.usda.gov/sites/default/files/SNAPEDWaveII_Guide.pdf), and the addition of an 
evaluation Web page (https://snaped.fns.usda.gov/professional-development-tools/evaluation) to the SNAP-Ed Connection Web site, a 
resource for professionals working in SNAP-Ed. FNS will continue to 
provide evaluation information through existing communication with 
State agencies and will consider these comments when doing so.

Program Coordination

    States were encouraged in the interim rule to coordinate their 
activities with other public or private entities. Two groups commented 
that FNS should require rather than encourage States to coordinate 
activities with other organizations as well as report on the 
coordination efforts of their sub-grantees. In recent Guidance, FNS 
sets forth its expectation that States will coordinate SNAP-Ed 
activities with other groups. FNS believes that by stating its 
expectation and encouraging States to move forward with their 
coordination efforts rather than requiring them to form such 
cooperative relationships, consideration is properly given to the 
varying levels of existing efforts States have made and their abilities 
and resources to establish additional partnerships. Reflecting the 
intent of the HHFKA, States are encouraged at Sec.  272.2(d)(2)(viii) 
to coordinate obesity prevention, nutrition education, and health 
promotion initiatives and interventions and must describe such 
coordination in State SNAP-Ed Plans. Recognizing the importance of 
coordination of efforts among operators of FNS programs, FNS added 
language at Sec.  272.2(d)(2)(viii) requiring States to consult and 
coordinate with State and local operators of other FNS programs to 
ensure that their SNAP-Ed activities complement the nutrition education 
and obesity prevention efforts of these programs.

[[Page 18452]]

    One commenter recommended that the rule further clarify when 
written agreements between partnering organizations are needed. A 
change was made at Sec.  272.2(d)(2)(viii) to reflect that the term 
Memoranda of Understanding is often used interchangeably with Memoranda 
of Agreement and to clarify that these documents must be available for 
inspection only when SNAP-Ed funding is being used in collaborative 
efforts with other programs or organizations.
    Other coordination-related recommendations to the interim rule that 
FNS may explore and address through SNAP-Ed Plan Guidance and other 
policy-making include suggestions that FNS: Encourage States to inform 
State and local staff of implementing agency SNAP-Ed efforts; waive 
SNAP cost allocation requirements when a State Nutrition Action Plan is 
operational among Federally-funded programs; and require States to 
describe the processes for coordination between States, other 
organizations, or contractors providing services. These recommendations 
will not be included in this final rule.

Funding

    The funding provisions of the FNA are prescriptive and were 
included as such in the interim rule. One implementing agency and three 
organizations provided funding-related comments and suggestions. The 
comments and FNS' determinations related to changes in the final rule 
are listed below.

------------------------------------------------------------------------
             Recommendation                     FNS Determination
------------------------------------------------------------------------
Amend the reallocation methodology.....  No change. Reallocation method
                                          is a provision of the FNA and
                                          cannot be amended by this
                                          rule.
Include details on an appeal and         No change. SNAP-Ed allocations
 dispute resolution process for State     are determined through a
 disagreement with Federal funding        formula contained in the FNA
 allocations.                             and is not contestable.
Clarify that States do not have the      No change. This is not a
 authority to require matching funds.     provision of the FNA.
Establish protocols for the receipt of   No change. Recommendation
 non-Federal funds for SNAP-Ed            beyond the scope of current
 activities and using SNAP-Ed funds as    regulation but may be
 an incentive.                            addressed through other
                                          channels.
Include as an allowable SNAP-Ed          No change. Such activity is
 activity the establishment of State      currently allowable.
 exchanges or expert panels for peer
 training, technical assistance, and
 consultation.
Release State allocation numbers when    No change. Final State
 the SNAP-Ed Guidance is released.        allocations can only be
                                          determined when an actual
                                          appropriation is received, but
                                          estimates based on the
                                          President's Budget are
                                          provided for planning
                                          purposes.
Provide provisional approval of          No change. The rule provides
 implementing agency budgets of greater   requirements for State
 than two years.                          agencies, not sub-grantees.
------------------------------------------------------------------------

    The funding-related sections of the final rule at Sec.  
272.2(d)(2)(x), Federal financial participation and allocation of 
grants, are revised from the interim rule in these areas: deleted the 
specific funding amounts for FFYs 2011- 2015 since SNAP-Ed funding 
levels are indicated in the FNA; deleted reference to the two-year 
period of performance since this language does not appear in the FNA 
and the information can be communicated to States through other 
channels; and minimally revised parts to delete non-essential 
information and to enhance clarity.
    In response to the comment of one member organization, at Sec.  
272.2(d)(2)(vii)(A), Use of Funds, language was added to specify that 
State agencies shall provide program oversight and demonstrate program 
effectiveness regarding SNAP-Ed outcomes and impacts. At Sec.  
272.2(d)(2)(x)(B) the word State was added so that all parties are 
clear that the funds allocated under this grant may be used for State 
as well as local projects.
    Recently concern has been expressed to FNS about identifying SNAP-
Ed funds that may be at risk of not being spent in a timely manner and 
returned to the Federal government. Connected to this concern is 
identifying opportunities for the potential reallocation of funds 
should a State(s) surrender them. To address these interests and foster 
full use of limited resources, language was added at Sec.  
272.2(d)(2)(ix) requiring a State as part of the budget process to 
inform FNS, by the end of the first quarter of each FFY (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 FFY. This 
section also is referenced at Sec.  272.2(d)(2)(x)(F) to advise a State 
that FNS may reallocate unobligated or unexpended funds to another 
participating State agency if informed that a State will not obligate 
or expend funds during the period for which funding is available for 
new obligation by FNS. Other minor changes were made to this section 
for clarity.

Program Delivery

    Several commenters provided suggestions for the final rule related 
to program delivery. Two organizations recommended that the rule 
include specific language allowing SNAP-Ed programming to include 
advice on specific types of food to reduce in the diet consistent with 
the DGAs. States are permitted, as described in the SNAP-Ed Plan 
Guidance, to include such programming in their SNAP-Ed Plans. In 
response to the comments of two organizations, language was added to 
the definition of SNAP nutrition education and obesity prevention 
services at Sec.  272.2(d)(2)(vii)(B) to indicate that intervention 
strategies may focus on limiting, as well as increasing, consumption of 
certain foods, beverages, and nutrients consistent with the DGAs. The 
SNAP-Ed Plan Guidance further specifies that FNS has determined that 
States may not use SNAP-Ed funds to convey negative written, visual, or 
verbal expressions about any specific brand of food, beverage or 
commodity. Policy changes regarding specific brands of foods, beverages 
and commodities are not be included in the final rule.
    One State agency recommended that the rule include language that 
States may use all aspects of the social-ecological model and multi-
level interventions. The rule does encourage this but at Sec.  
272.2(d)(2)(vii)(B) interpersonal level was added to the levels where 
SNAP-Ed activities can be conducted. Another organization recommended 
that FNS work with States denied approval to submit a multi-year plan 
in order to resolve any concerns. FNS currently does work with States 
to address concerns that may impede their progress in developing multi-
year plans. The recommendation is not included in this rule.
    Several organizations commented that FNS should strengthen the 
language regarding the number and requirements for approaches used in 
SNAP-Ed

[[Page 18453]]

activities. These groups recommended that language should be changed 
from ``states are encouraged to integrate'' to ``states are expected to 
integrate'' multiple approaches in implementing their SNAP-Ed 
activities. FNS agrees with and supports these comments. The preamble 
of the final rule makes this change in language under Use of Funds. 
Additionally at Sec.  272.2(d)(2)(vii)(D) language was changed to 
specify that SNAP-Ed activities must include evidence-based activities 
using two or more approaches.
    One member organization recommended that FNS invest in technical 
assistance and training for regional and State SNAP staff to integrate 
fully comprehensive approaches to behavior change in State SNAP-Ed 
Plans. FNS does provide training, support and technical assistance to 
States. States additionally may use their SNAP-Ed funding for staff 
training. This recommendation will not be included in the final rule. 
Another organization suggested that FNS solicit and accept comments on 
the SNAP-Ed Guidance process from States and collaborating partners. 
States and partners currently may provide recommendations on the 
Guidance content and development process and FNS sought the input of a 
virtual work group of stakeholders in the development of recent SNAP-Ed 
Guidance. This recommendation does not necessitate any changes to the 
final rule.
    Several other recommendations unrelated to the current rule were 
submitted. These include suggestions for communication improvement 
between State and local implementing agencies, using reallocated funds 
for purposes other than those stated in the FNA, discussing point-of-
purchase strategies, and expanding the use of SNAP-Ed funds to conduct 
what might be considered SNAP outreach-related functions. These 
recommendations which are unrelated to provisions of the FNA, the 
HHFKA, and the interim rule may be addressed through other 
communications with States, and are not being addressed in the final 
rule.

Executive Order 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility.
    The changes from the interim rule to this final rule were 
determined to be not significant and thus no further review was 
required by the Office of Management and Budget (OMB) in conformance 
with Executive Order 12866.

Regulatory Impact Analysis

    This rule has been designated as not significant by the Office of 
Management and Budget; therefore, no Regulatory Impact Analysis is 
required.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601-612) requires Agencies 
to analyze the impact of rulemaking on small entities and consider 
alternatives that would minimize any significant impacts on a 
substantial number of small entities. Pursuant to that review, it has 
been certified that this rule would not have a significant impact on a 
substantial number of small entities. Currently 53 State agencies 
receive funding for SNAP-Ed, and this final rule institutes policy 
oversight and cost reductions required by statute.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local and tribal 
governments and the private sector. Under section 202 of the UMRA, the 
Department generally must prepare a written statement, including a cost 
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures by State, local or tribal 
governments, in the aggregate, or the private sector, of $100 million 
or more in any one year. When such a statement is needed for a rule, 
Section 205 of the UMRA generally requires the Department to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the most cost effective or least burdensome alternative that achieves 
the objectives of the rule.
    This final rule contains no Federal mandates (under the regulatory 
provisions of Title II of the UMRA) for State, local and tribal 
governments or the private sector of $100 million or more in any one 
year. Thus, the rule is not subject to the requirements of sections 202 
and 205 of the UMRA.

Executive Order 12372

    SNAP is listed in the Catalog of Federal Domestic Assistance 
Programs under 10.561. For the reasons set forth in 2 CFR chapter IV, 
SNAP is excluded from the scope of Executive Order 12372, which 
requires intergovernmental consultation with State and local officials.

Federalism Summary Impact Statement

    Executive Order 13132, requires Federal agencies to consider the 
impact of their regulatory actions on State and local governments. 
Where such actions have federalism implications, agencies are directed 
to provide a statement for inclusion in the preamble to the regulations 
describing the agency's considerations in terms of the three categories 
called for under Section (6)(b)(2)(B) of Executive Order 13132.
    This final rule is necessary to amend SNAP regulations to implement 
Section 28 of the FNA of 2008, as added by Section 241 of Public Law 
111-296, the HHFK Act of 2010. The Department has determined that this 
rule does not have Federalism implications. This rule does not impose 
substantial or direct compliance costs on State and local governments. 
Therefore, under Section 6(b) of the Executive Order, a Federalism 
summary impact statement is not required.

Executive Order 12988, Civil Justice Reform

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule is intended to have preemptive effect 
with respect to any State or local laws, regulations or policies which 
conflict with its provisions or which would otherwise impede its full 
and timely implementation. This rule is not intended to have 
retroactive effect unless so specified in the Effective Dates section 
of the final rule. Prior to any judicial challenge to the provisions of 
the final rule, all applicable administrative procedures must be 
exhausted.

Civil Rights Impact Analysis

    FNS has reviewed this final rule in accordance with USDA Regulation 
4300-4, ``Civil Rights Impact Analysis,'' to identify any major civil 
rights impacts the rule might have on program participants on the basis 
of age, race, color, national origin, sex or disability. After a 
careful review of the rule's intent and provisions, FNS has determined 
that this rule is not expected to affect the participation of protected 
individuals in SNAP.

Executive Order 13175

    This rule has been reviewed in accordance with the requirements of 
Executive Order 13175, ``Consultation

[[Page 18454]]

and Coordination with Indian Tribal Governments.'' Executive Order 
13175 requires Federal agencies to consult and coordinate with tribes 
on a government-to-government basis on policies that have tribal 
implications, including regulations, legislative comments or proposed 
legislation, and other policy statements or actions that have 
substantial direct effects on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes or on the 
distribution of power and responsibilities between the Federal 
Government and Indian tribes.
    FNS has assessed the impact of this rule on Indian tribes and 
determined that this rule does not, to our knowledge, have tribal 
implications that require tribal consultation under EO 13175. On 
February 18, 2015 FNS held a webinar for tribal participation and 
comments. During the comment period, FNS did not receive any comments 
on the interim rule. If a Tribe requests consultation, FNS will work 
with the Office of Tribal Relations to ensure meaningful consultation 
is provided where changes, additions and modifications identified 
herein are not expressly mandated by Congress.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. Chap. 35; 5 CFR part 
1320) requires the Office of Management and Budget (OMB) approve all 
collections of information by a Federal agency before they can be 
implemented. Respondents are not required to respond to any collection 
of information unless it displays a current valid OMB control number.
    Information Collection for SNAP-Ed requirements will not change 
under this rule. This final rule contains information collections that 
have been approved by OMB. The rule does not increase burden hours for 
State agencies in the preparation of Nutrition Education Plans. 
Nutrition Education State Plan requirements are included in the State 
Plan of Operations, OMB 0584-0083, Program, and Budget Summary 
Statement, and will not change with this rule.
    Additionally, State requirements to report on the Education and 
Administration Reporting System (EARS) information collection form, OMB 
0584-0542, will not change under this rule. FNS may determine that 
future revisions are needed. States will report FY 2014 EARS data by 
December 31, 2014, thereby negating the necessity for an Information 
Collection Request as part of this rule.

E-Government Act Compliance

    The Department is committed to complying with the E-Government Act, 
to promote the use of the Internet and other information technologies 
to provide increased opportunities for citizen access to Government 
information and services, and for other purposes.

List of Subjects in 7 CFR Part 272

    Alaska, Civil rights, Grant programs-social programs, Reporting and 
recordkeeping requirements, Supplemental Nutrition Assistance Program, 
Unemployment compensation, Wages.

    Accordingly, the interim rule amending 7 CFR part 272 which was 
published at 78 FR 20411 (April 5, 2013), is adopted as a final rule 
with the following changes:

PART 272--REQUIREMENTS FOR PARTICIPATING STATE AGENCIES

0
1. The authority citation for part 272 continues to read as follows:


    Authority:  7 U.S.C. 2011-2036.

0
2. In Sec.  272.2:
0
a. Republish paragraph (d)(1)(iii).
0
b. Revise paragraph (d)(2).
0
c. Revise paragraph (e)(6).
    The revisions read as follows:


Sec.  272.2  Plan of operation.

* * * * *
    (d) * * *
    (1) * * *
    (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.
* * * * *
    (2) Nutrition Education Plan. If submitted, the Supplemental 
Nutrition Assistance Program Education (SNAP-Ed) 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 SNAP-Ed 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 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. 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

[[Page 18455]]

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 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[hyphen] or 
practitioner[hyphen]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 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 in section 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 SNAP-Ed 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 SNAP-Ed 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

[[Page 18456]]

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 12-month 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 activities, outcomes, and budget for the prior year.
    (e) * * *
    (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.
* * * * *

    Dated: March 24, 2016.
Audrey Rowe,
Administrator, Food and Nutrition Service.
[FR Doc. 2016-07179 Filed 3-30-16; 8:45 am]
 BILLING CODE 3410-30-P