The Emergency Food Assistance Program: Implementation of the Agriculture Improvement Act of 2018, 52997-53002 [2019-21665]

Agencies

• DEPARTMENT OF AGRICULTURE
• Food and Nutrition Service

[Federal Register Volume 84, Number 193 (Friday, October 4, 2019)]
[Rules and Regulations]
[Pages 52997-53002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21665]


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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Part 251

[FNS-2019-0013]
RIN 0584-AE73


The Emergency Food Assistance Program: Implementation of the 
Agriculture Improvement Act of 2018

AGENCY: Food and Nutrition Service, USDA.

ACTION: Final rule; request for comments.

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SUMMARY: Through this rulemaking, the U.S. Department of Agriculture's 
(the Department or USDA) Food and Nutrition Service (FNS) is codifying 
new statutory requirements included in the Agriculture Improvement Act 
of 2018 (2018 Farm Bill). First, the 2018 Farm Bill requires The 
Emergency Food Assistance Program (TEFAP) State Plans, at the option of 
the State agency, to describe a plan of operation for projects to 
harvest, process, package, or transport donated commodities for use by 
TEFAP emergency feeding organizations (EFOs), also known as Farm to 
Food Bank Projects. Second, the Department is requiring TEFAP State 
agencies to amend their State Plans to describe a plan that provides 
EFOs or eligible recipient agencies (ERAs) within the State an 
opportunity to provide input on their commodity preferences and needs. 
Last, the Department is establishing the requirements for the projects 
to harvest, process, package, or transport donated commodities as 
authorized in the 2018 Farm Bill.

DATES: 
    Effective Date: This rule is effective October 4, 2019.
    Comment Date: Written comments on this rule must be received on or 
before December 3, 2019.

ADDRESSES: The Food and Nutrition Service, USDA, invites interested 
persons to submit written comments on this final rule. Comments may be 
submitted in writing by one of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting 
comments.

[[Page 52998]]

     Mail: Send comments to Polly Fairfield, Program Analyst, 
Food Distribution Division, Food and Nutrition Service, U.S. Department 
of Agriculture, 3101 Park Center Drive, Room 506, Alexandria, Virginia 
22302-1592, (703) 305-2680.
     Email: Send comments to [email protected]. 
Include Docket ID Number [FNS-2019-0013], ``The Emergency Food 
Assistance Program: Implementation of the Agriculture Act of 2018'' in 
the subject line of the message.
     All written comments submitted in response to this Final 
Rule with Request for Comments will be included in the record and will 
be made available to the public. Please be advised that the substance 
of the comments and the identity of the individuals or entities 
submitting the comments will be subject to public disclosure. FNS will 
make the written comments publicly available on the internet via https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Polly Fairfield, Program Analyst, Food 
Distribution Division, Food and Nutrition Service, U.S. Department of 
Agriculture, 3101 Park Center Drive, Room 506, Alexandria, Virginia 
22302-1592, or by email at [email protected].

SUPPLEMENTARY INFORMATION: 
I. Public Comment Procedures
II. Background and Discussion of Final Rule With Request for 
Comments
    A. Revisions to TEFAP State Plan Requirements
    B. Farm to Food Bank Project Definition
    C. Farm to Food Bank Project Allocation of Funds
    D. Purpose and Use of Farm to Food Bank Project Funds
    E. Federal Share of Farm to Food Bank Projects
    F. Farm to Food Bank Project Reallocation of Funds
    G. Farm to Food Bank Project Reporting Requirements
    H. Cooperative Agreements
III. Procedural Matters

I. Public Comment Procedures

    Your written comments on this rule should be specific, should be 
confined to issues pertinent to the rule, and should explain the 
reason(s) for any change you recommend or oppose. Where possible, you 
should reference the specific section or paragraph of the rule you are 
addressing. This rule is effective upon publication. If the Department 
determines that comments received change any provisions of this rule, 
the Department will publish a new final rule in the Federal Register. 
Comments received after the close of the comment period (see DATES) 
will not be included in the Administrative Record for this rule.
    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. We invite your comments on how 
to make these regulations easier to understand, including answers to 
questions such as the following:
    (1) Are the requirements in the regulation clearly stated?
    (2) Does the rule contain technical language or jargon that 
interferes with its clarity?
    (3) Does the format of the rule (e.g., grouping and order of 
sections, use of heading, and paragraphing) make it clearer or less 
clear?
    (4) Would the rule be easier to understand if it was divided into 
more (but shorter) sections?
    (5) Is the description of the rule in the preamble section entitled 
``Background and Discussion of Final Rule with Request for Comments'' 
helpful in understanding the rule? How could this description be more 
helpful in making the rule easier to understand?

II. Background and Discussion of Final Rule With Request for Comments

    The Farm Bill was signed into law on December 20, 2018 (Pub. L. 
115-334). Section 4018 of the 2018 Farm Bill included TEFAP-specific 
provisions and modified the Emergency Food Assistance Act of 1983 (7 
U.S.C. 7501-7516) (EFAA). This rule codifies new statutory requirements 
included in the 2018 Farm Bill by amending TEFAP regulations at 7 CFR 
part 251. Upon publication, this rulemaking makes the following 
changes: (1) Revises TEFAP State Plan requirements; and (2) establishes 
the requirements for projects to harvest, process, package, or 
transport donated commodities for use by TEFAP EFOs, also known as Farm 
to Food Bank Projects. The amendments are discussed in detail below.
    The Administrative Procedure Act (APA) at 5 U.S.C. 553(a)(2) 
specifically exempts rules involving grants and benefits from notice-
and-comment requirements, giving FNS the authority to issue final rules 
in grants and benefits programs, like TEFAP.\1\ FNS does, however, 
retain the discretion to issue a final rule with a request for 
comments, and FNS welcomes comments on the specified sections below. 
The Department is issuing this final rule with request for comments to 
ensure that the provisions in this rulemaking are implemented as timely 
as possible to distribute funds to TEFAP State agencies for fiscal year 
(FY) 2020. The Department determined that prolonging the implementation 
of these provisions would negatively impact State agencies that 
administer TEFAP by delaying their ability to access the funds provided 
by the 2018 Farm Bill. As previously stated, if the Department, upon 
consideration of the comments received, decides to amend any provisions 
of the rule, the Department will publish a new final rule in the 
Federal Register with an explanation of the changes.
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    \1\ Previous USDA practice pursuant to the Statement of Policy 
published on July 24, 1971 (36 FR 13804) was to utilize APA notice-
and-comment rulemaking procedures regardless of the APA's stated 
exceptions, but that memo was rescinded in 2013. 78 FR 64194.
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A. Revisions to TEFAP State Plan Requirements

    Section 4018(a) of the 2018 Farm Bill modified section 202A(b) of 
the EFAA to require that TEFAP State Plans describe, at the option of 
the State agency, a plan of operation for one or more projects in 
partnership with one or more EFOs located in the State to harvest, 
process, package, or transport donated commodities received under 
section 203D(d) of the EFAA. Accordingly, this rule amends TEFAP 
regulations at 7 CFR 251.6(a) to include this new State Plan 
requirement and to outline what must be included in the State Plan 
amendment for the plan of operation for such projects. The Department 
requests comments on the regulatory proposal regarding the plan of 
operation for a Farm to Food Bank Project.
    The 2018 Farm Bill also modified section 202A(b) of the EFAA to 
require that TEFAP State Plans describe a plan, which may include the 
use of a State advisory board established under section 202A(c) of the 
EFAA, that provides EFOs or ERAs within the State an opportunity to 
provide input on the commodity preferences and needs of the EFO or ERA. 
The Department does not request comments on the regulatory proposal 
related to providing input on commodity preferences, as it is a non-
discretionary change required by the 2018 Farm Bill.

B. Farm to Food Bank Project Definition

    Section 4018(b) of the 2018 Farm Bill amended section 203D of the 
EFAA and provides a new section 203D(d) that establishes a fund for 
projects to harvest, process, package, or transport donated commodities 
for use by TEFAP EFOs. This rule adopts the definition of ``project'' 
in section 203D(d)(1) of the EFAA as the harvesting, processing, 
packaging, or transportation of unharvested, unprocessed, or unpackaged 
commodities donated by agricultural producers, processors, or

[[Page 52999]]

distributors for use by EFOs. This rule also codifies the common name 
for these projects as ``Farm to Food Bank Projects'' by adding a new 
paragraph at 7 CFR 251.10(j)(1). The Department requests comments on 
this section of the rulemaking.

C. Farm to Food Bank Project Allocation of Funds

    Section 4018(b) of the 2018 Farm Bill amended section 203D of the 
EFAA to include a new section 203D(d)(5) that provides $4 million for 
each of fiscal years 2019 through 2023, to remain available until the 
end of the subsequent fiscal year, that the Department must allocate to 
TEFAP State agencies that have submitted a State plan describing a plan 
of operation for a Farm to Food Bank Project. Section 4018(b) also 
amended section 203D of the EFAA to include a new section 
203D(d)(2)(C)(i) which directs the Department to determine a formula to 
allocate these funds each fiscal year.
    Thus, the Department is establishing that the Farm to Food Bank 
Project funds will be allocated to States with an approved State Plan 
describing a project by using the current TEFAP funding formula found 
at 7 CFR 251.3(h). The formula in 7 CFR 251.3(h) provides that the 
amount of funds to be provided to each State will be based on each 
State's population of low-income and unemployed persons, as compared to 
national statistics. Each State's share of funds will be based 60 
percent on the number of persons in households within the State having 
incomes below the poverty level and 40 percent on the number of 
unemployed persons within the State. The Department is also 
establishing a one-year period of performance for these funds. This 
rulemaking adds a new paragraph at 7 CFR 251.10(j)(2) to include this 
allocation formula and period of performance for Farm to Food Bank 
Project funds. The Department requests comments on this section of the 
rulemaking.

D. Purpose and Use of Farm to Food Bank Project Funds

    Section 4018(b) of the 2018 Farm Bill amended section 203D of the 
EFAA to include a new section 203D(d)(3) that describes the purpose of 
Farm to Food Bank Projects as (1) reducing food waste at the 
agricultural production, processing, or distribution level through the 
donation of food; (2) providing food to individuals in need; and (3) 
building relationships between agricultural producers, processors, and 
distributors and EFOs through the donation of food. This rulemaking 
adopts this language. It also provides that Farm to Food Bank Project 
funds may only be used for costs associated with carrying out a Farm to 
Food Bank Project for the above purpose and cannot be used to purchase 
foods or for agricultural production activities such as purchasing 
seeds or planting crops. Thus, this rulemaking adds a new paragraph at 
7 CFR 251.10(j)(3) that includes the purpose and use of Farm to Food 
Bank Project funds. The Department requests comments on this section of 
the rulemaking.

E. Federal Share of Farm to Food Bank Projects

    Section 4018(b) of the 2018 Farm Bill amended section 203D of the 
EFAA to include a new section 203D(d)(2)(B) that requires that the 
Federal share of the cost of a Farm to Food Bank Project not exceed 50% 
of the total cost of the project. Therefore, the Department is 
requiring that TEFAP State agencies that receive funding for Farm to 
Food Bank Projects under this Part provide a cash or in-kind 
contribution equal to the amount of Federal funding received. Allowable 
contributions for the match must be used for the Farm to Food Bank 
Project purpose described in Sec.  251.10(j)(3) and meet the 
requirements in Sec.  251.9(c). These contributions may include, but 
are not limited to, cash or in-kind contributions from EFOs that 
partner with the State agency in administering the Farm to Food Bank 
Project. This rule also codifies that food donations, including foods 
donated under a Farm to Food Bank Project, cannot count toward the 
match requirement. Thus, this rulemaking establishes a new paragraph at 
7 CFR 251.10(j)(4) to include the match requirement for Farm to Food 
Bank Projects. The Department requests comments on this section of the 
rulemaking.

F. Farm to Food Bank Project Reallocation of Funds

    Section 4018(b) of the 2018 Farm Bill amended section 203D of the 
EFAA to include a new section 203D(d)(2)(C)(ii) that requires the 
Department to reallocate Farm to Food Bank Project funds if the 
Secretary determines that a State will not expend all of the funds 
allocated to it for a fiscal year. The Department is further directed 
to reallocate the unexpended funds to other States that have submitted 
a State Plan with a Farm to Food Bank Project plan of operation for a 
project during that fiscal year or the subsequent fiscal year as the 
Secretary deems appropriate. This rulemaking establishes a new 
paragraph at 7 CFR 251.10(j)(5) to include reallocation of unexpended 
Farm to Food Bank Project funds to States with an approved State Plan 
with a Farm to Food Bank Project plan of operation. The Department 
requests comments on this section of the rulemaking.

G. Farm to Food Bank Project Reporting Requirements

    Section 4018(b) of the 2018 Farm Bill amends section 203D of the 
EFAA to include a new section 203D(d)(2)(C)(iii) that requires that 
each State receiving Farm to Food Bank Project funds for a fiscal year 
submit financial reports to the Department on a regular basis which 
describe the use of the funds. The Department is requiring that Farm to 
Food Bank Project financial reports be submitted on a semiannual basis 
using the SF-425 form. This rulemaking therefore establishes a new 
paragraph at 7 CFR 251.10(j)(6) to include these reporting 
requirements. The Department requests comments on this section of the 
rulemaking.

H. Cooperative Agreements

    Section 4018(b) of the 2018 Farm Bill amended section 203D of the 
EFAA to include a new section 203D(d)(4) which allows the Department to 
encourage a State agency that carries out a Farm to Food Bank Project 
to enter into cooperative agreements with State agencies of other 
States to maximize the use of commodities donated under the project. 
This rulemaking therefore establishes a new paragraph at 7 CFR 
251.10(j)(7) to include this provision. The Department requests 
comments on this section of the rulemaking.

Procedural Matters

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. This final rule with request for comments has been 
determined to be not significant and was not reviewed by the Office of 
Management and Budget (OMB) in conformance with Executive Order 12866.

Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
the Office of

[[Page 53000]]

Information and Regulatory Affairs designated this rule as not a major 
rule, as defined by 5 U.S.C. 804(2).

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. This rule adds additional 
requirements for TEFAP State agencies but does not have a significant 
impact on TEFAP ERAs.

Executive Order 13771

    Executive Order 13771 directs agencies to reduce regulation and 
control regulatory costs and provides that the cost of planned 
regulations be prudently managed and controlled through a budgeting 
process.
    This rule is not an E.O. 13771 regulatory action because it is not 
significant under E.O. 12866.

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 $146 million 
or more (when adjusted for inflation; GDP deflator source: Table 1.1.9 
at https://www.bea.gov/iTable) 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 with request for comments does not contain Federal 
mandates (under the regulatory provisions of Title II of the UMRA) for 
State, local, and tribal governments or the private sector of $146 
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

    The program addressed in this section is listed in the Catalog of 
Federal Domestic Assistance under Number 10.568 and is subject to 
Executive Order 12372, which requires intergovernmental consultation 
with State and local officials. (See 2 CFR chapter IV.)

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.
    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 with request for comments has been reviewed under 
Executive Order 12988, Civil Justice Reform. This rule is not 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 with request for comments 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 TEFAP.

Executive Order 13175

    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. USDA is unaware of any 
current Tribal laws that could be in conflict with this rule.

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) to 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.
    This rule contains information collections that have been approved 
by the Office of Management and Budget under OMB# 0584-0293, Food 
Distribution Programs, expiration date November 30, 2019. In addition, 
this rule imposes a new requirement to submit a financial report using 
a form that is approved under OMB# 0584-0594 Food Programs Reporting 
System (FPRS), expiration date September 30, 2019. FNS has determined 
that this rule impacts these requirements under OMB# 0584-0293 and OMB# 
0584-0594. Due to the timing of this rule and revisions that are being 
made to the other collections, FNS is including the information 
requirements that are being impacted by this rule as part of this new 
information collection. Once this collection has been reviewed and 
approved by OMB and the revisions to the other collections have been 
concluded, FNS will merge the requirements into OMB#s 0584-0293 and 
0584-0594.
    In accordance with the Paperwork Reduction Act of 1995, this final 
rule with request for comments contains information collections that 
are subject to review and approval by the Office of Management and 
Budget; therefore, FNS is submitting for public comment the changes in 
the information collection burden that would result from this final 
rule with request for comments.
    Comments on this final rule with request for comments must be 
received

[[Page 53001]]

by December 3, 2019. Comments are invited on: (a) Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; (b) the accuracy of the agency's estimate of 
the burden of the proposed collection of information, including the 
validity of the methodology and assumptions used; (c) ways to enhance 
the quality, utility, and clarity of the information to be collected; 
and (d) ways to minimize the burden of the collection of information on 
those who are to respond, including use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology.
    All responses to this notification will be summarized and included 
in the request for OMB approval. All comments will also become a matter 
of public record.
    Title: The Emergency Food Assistance Program Farm to Food Bank 
Project Forms.
    OMB Number: 0584-NEW.
    Expiration Date: N/A.
    Type of Request: New Collection.
    Abstract: On December 20, 2018, the President signed the 
Agriculture Improvement Act of 2018 (the 2018 Farm Bill) into law. 
Section 4018 of the 2018 Farm Bill amends section 202A(b) of the EFAA 
and adds new requirements to the TEFAP State Plan. State plans must now 
include a plan to provide emergency feeding organizations or eligible 
recipient agencies within the State an opportunity to provide input on 
the commodity preferences and needs of the emergency feeding 
organization or eligible recipient agency. The reporting burden 
associated with TEFAP State plans is currently approved under OMB# 
0584-0293, Food Distribution Programs, expiration date November 30, 
2019. This new requirement would require all 54 TEFAP State agencies to 
submit a revision to their State plan in the first year of the new 
requirement. In subsequent years, the burden associated with this 
requirement will be captured under the existing burden approved under 
OMB# 0584-0293.
    Additionally, at the option of the State agency, State plans may 
also now include a plan of operation for one or more projects in 
partnership with one or more emergency feeding organizations located in 
the State to harvest, process, package, or transport donated 
commodities received under section 203D(d) of the Emergency Food 
Assistance Act of 1983. We estimate that the same number of revisions 
will be made to TEFAP State plans as a result of this requirement and 
the revisions will take the same amount of time as accounted for in 
OMB# 0584-0293. There will be no change in burden as a result of this 
requirement.
    FNS currently estimates a total of 112 burden hours for completing 
TEFAP State Plans, with 14 States, each taking 8 hours, to submit such 
plans. As a result of this rule, FNS estimates that all 54 States will 
need to submit a TEFAP State Plan containing the additional 
requirements. FNS estimates that it will take all of the States an 
additional 4 hours to incorporate the necessary information into these 
plans. Therefore, FNS estimates a total of 216 burden hours for these 
State Plans in the first year of the requirement. In subsequent years, 
FNS estimates that the burden will remain at 112 burden hours.
    Section 4018 of the 2018 Farm Bill also amends section 203D of the 
EFAA to include a new section 203D(d)(2)(C)(iii) that requires that 
each State receiving Farm to Food Bank Project funds for a fiscal year 
submit financial reports to the Department on a regular basis which 
describe the use of the funds. While States participating in the 
Emergency Food Assistance Program are required to submit financial 
reports, this Final Rule is imposing a new requirement for states to 
file financial reports when they participate in the Farm to Food Bank 
Project. The Department is requiring that the Farm to Food Bank Project 
financial reports be submitted on a semiannual basis using SF-425 
Federal Financial Report. This form, and its associated reporting 
burden, is currently approved under OMB# 0584-0594 Food Programs 
Reporting System (FPRS), expiration date September 30, 2019. Currently, 
the SF-425 Federal Financial Form is approved with 10,355 responses and 
15,533 burden hours. FNS estimates that 14 States will need to file a 
SF-425 to report on their Farm to Food Bank Project funds. As a result 
of this Final Rule, FNS estimates a total of 15,575 hours for the SF-
425.
    Section 203D of the EFAA has been amended to allow the Department 
to encourage a State agency that carries out a new Farm to Food Bank 
Project to enter into cooperative agreements with State agencies of 
other States to maximize the use of commodities donated under the 
project. FNS estimates that 2 State agencies will enter into 
cooperative agreements. FNS further estimates that it will take 1 hour 
for each State agency to complete these agreements, for a total of 2 
burden hours.
    Respondents: State Government.
    Estimated Number of Respondents: 54.
    Estimated Number of Responses per Respondent: 1.56.
    Estimated Total Annual Responses: 84.
    Estimated Time per Response: 3.10.
    Estimated Total Annual Burden on Respondents: 260.

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                                                                                           Estimated                     Estimated                                                     Program
                                                                           Estimated       number of     Total annual   total hours     Estimated                                     change due
    Sec. of  Regs/Authority               Title              Form No.      number of     responses per  responses [(d)      per       total burden      Currently approved burden         to
                                                                          respondents     respondent        x (e)]        response     [(f) x (g)]                                    rulemaking
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                     OMB#
                                                                                                                                                     0584-0293
251.6(b)(6)...................  State Agency Distribution  ...........              54            1.00           54.00         4.00          216.00  112.00                             * 104.00
                                 Plan.
                                                                                                                                                     OMB#
                                                                                                                                                     0584-0594
251.10(j)(6)..................  Reporting Requirements...      FNS-425              14            2.00           28.00         1.50           42.00  15,533                                   42
                                                                                                                                                                                        (15,575)
251.10(j)(7)..................  Cooperative Agreements...  ...........               2            1.00            2.00         1.00            2.00  0                                         2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    Total Reporting...........  .........................  ...........              54            1.56           84.00         3.10          260.00  15,645.00                            148.00
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* additional burden for first year only.

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 251

    Food assistance programs, Grant programs-social programs, Reporting

[[Page 53002]]

and recordkeeping requirements, Surplus agricultural commodities.

    Accordingly, 7 CFR part 251 is amended as follows:

PART 251--THE EMERGENCY FOOD ASSISTANCE PROGRAM

0
1. The authority citation for part 251 is revised to read as follows:

    Authority:  7 U.S.C. 7501-7516; 7 U.S.C. 2011-2036.


0
2. In Sec.  251.6, revise paragraphs (a)(3) and (4) and add paragraphs 
(a)(5) and (6) to read as follows:


Sec.  251.6  Distribution plan.

    (a) * * *
    (3) A description of the standards of eligibility for recipient 
agencies, including any subpriorities within the two-tier priority 
system;
    (4) A description of the criteria established in accordance with 
Sec.  251.5(b) which must be used by eligible recipient agencies in 
determining the eligibility of households to receive the Emergency Food 
Assistance Program (TEFAP) commodities for home consumption;
    (5) At the option of the State agency, a plan of operation for one 
or more projects in partnership with one or more emergency feeding 
organizations located in the State to harvest, process, package, or 
transport donated commodities received under section 203D(d) of the 
Emergency Food Assistance Act of 1983. The plan must include all items 
listed in paragraphs (a)(5)(i) through (iv) of this section:
    (i) A list of emergency feeding organizations within the State that 
will operate the project in partnership with the State agency.
    (ii) A list of any State agencies that will operate the project as 
a part of a cooperative agreement.
    (iii) A description of the purpose of the Farm to Food Bank Project 
that includes how the Project will:
    (A) Reduce food waste at the agricultural production, processing, 
or distribution level through the donation of food;
    (B) Provide food to individuals in need; and
    (C) Build relationships between agricultural producers, processors, 
and distributors and emergency feeding organizations through the 
donation of food.
    (iv) The fiscal year in which the Project will begin operating; and
    (6) A plan, which may include the use of a State advisory board 
established under Sec.  251.4(h)(4), that provides emergency feeding 
organizations or eligible recipient agencies within the State an 
opportunity to provide input on the commodity preferences and needs of 
the emergency feeding organization or eligible recipient agency.
* * * * *

0
3. In Sec.  251.10, add paragraph (j) to read as follows:


Sec.  251.10  Miscellaneous provisions.

* * * * *
    (j) Projects to harvest, process, package, or transport donated 
commodities--(1) Definition of project. These projects, also known as 
Farm to Food Bank Projects, are defined as the harvesting, processing, 
packaging, or transportation of unharvested, unprocessed, or unpackaged 
commodities donated by agricultural producers, processors, or 
distributors for use by emergency feeding organizations under section 
203D of the Emergency Food Assistance Act of 1983.
    (2) Availability and allocation of funds. Funds for the costs of 
carrying out a Farm to Food Bank Project will be allocated to States as 
follows:
    (i) Funds made available to the Department for Farm to Food Bank 
Projects will be distributed to States that have submitted an approved 
State plan describing a plan of operation for a Farm to Food Bank 
Project.
    (ii) Funds for Farm to Food Bank Projects will be distributed each 
fiscal year to State agencies with an approved State plan for a project 
in that fiscal year using the funding formula defined in Sec.  
251.3(h).
    (iii) Funds will be available to State agencies for one year from 
the date of allocation.
    (3) Purpose and use of funds. State agencies may only use funds 
made available under this paragraph (j) for the costs of carrying out a 
Farm to Food Bank Project.
    (i) Farm to Food Bank Projects must have a purpose of:
    (A) Reducing food waste at the agricultural production, processing, 
or distribution level through the donation of food;
    (B) Providing food to individuals in need; and
    (C) Building relationships between agricultural producers, 
processors, and distributors and emergency feeding organizations 
through the donation of food.
    (ii) Project funds may only be used for costs associated with 
harvesting, processing, packaging, or transportation of unharvested, 
unprocessed, or unpackaged commodities donated by agricultural 
producers, processors, or distributors for use by emergency feeding 
organizations.
    (iii) Project funds cannot be used to purchase foods or for 
agricultural production activities such as purchasing seeds or planting 
crops.
    (4) Matching of funds--(i) State matching requirement. The State 
must provide a cash or in-kind contribution at least equal to the 
amount of funding received under this paragrpah (j) for a Farm to Food 
Bank Project.
    (ii) Allowable contributions. States shall meet the match 
requirement in paragraph (a)(4) of this section by providing allowable 
contributions as described at Sec.  251.9(c); contributions must only 
be for costs which would otherwise be allowable as a Farm to Food Bank 
Project cost.
    (iii) Emergency feeding organization contributions. Cash or in-kind 
contributions from emergency feeding organizations that partner with 
the State agency to administer the Farm to Food Bank Project are 
allowable.
    (iv) Food donations. Donations of foods, including the value of 
foods donated as a part of a Farm to Food Bank Project, cannot count 
toward the match requirement in paragraph (j)(4) of this section.
    (5) Reallocation of funds. If, during the course of the fiscal 
year, the Department determines that a State will not expend all of the 
funds allocated to the State for a fiscal year under this paragraph 
(j), the Department shall reallocate the unexpended funds to other 
States that have an approved State Plan describing a plan of operation 
for a Farm to Food Bank Project during that fiscal year or the 
subsequent fiscal year.
    (6) Reporting requirements. Each State agency to which Farm to Food 
Bank Project funds are allocated for a fiscal year must submit a report 
describing use of the funds. The data must be identified on Form SF-
425, Federal Financial Report, and submitted to the appropriate FNS 
Regional Office on a semiannual basis. The report must be submitted no 
later than 30 calendar days after the end of the period to which it 
pertains. The final report must be submitted no later than 90 calendar 
days after the end of the fiscal year to which it pertains.
    (7) Cooperative agreements. State agencies that carry out a Farm to 
Food Bank Project may enter into cooperative agreements with State 
agencies of other States to maximize the use of commodities donated 
under the project.
* * * * *

    Dated: September 17, 2019.
Pamilyn Miller,
Administrator, Food and Nutrition Service.
[FR Doc. 2019-21665 Filed 10-3-19; 8:45 am]
 BILLING CODE 3410-30-P