[Federal Register Volume 78, Number 66 (Friday, April 5, 2013)]
[Rules and Regulations]
[Pages 20411-20422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07602]
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Rules and Regulations
Federal Register
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having general applicability and legal effect, most of which are keyed
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Federal Register / Vol. 78, No. 66 / Friday, April 5, 2013 / Rules
and Regulations
[[Page 20411]]
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
7 CFR Part 272
RIN 0584-AE07
Supplemental Nutrition Assistance Program: Nutrition Education
and Obesity Prevention Grant Program
AGENCY: Food and Nutrition Service (FNS), USDA.
ACTION: Interim rule.
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SUMMARY: This rule amends Supplemental Nutrition Assistance Program
(SNAP) regulations to implement Section 28 of the Food and Nutrition
Act (``FNA'' or the ``Act'') of 2008, as added by Section 241 of the
Healthy, Hunger-Free Kids (HHFK) Act of 2010, to award grants to States
for provision of nutrition education and obesity prevention programs.
These programs will provide services for eligible individuals that
promote healthy food choices consistent with the current Dietary
Guidelines for Americans (DGAs). This rule provides State agencies with
requirements for implementing Section 28 including the grant award
process and describes the process for allocating the 100 percent
Federal grant funding authorized under the Act to carry out nutrition
education and obesity prevention services each fiscal year.
DATES: Effective Date: This rule will become effective April 5, 2013.
Comment Date: To be considered, comments on this interim rule must
be postmarked on or before June 4, 2013.
ADDRESSES: The Food and Nutrition Service invites interested persons to
submit comments on this interim rule. Comments may be submitted by any
of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Send comments to Jane Duffield, Branch Chief, State
Administration Branch, Program Accountability and Administration
Division, Supplemental Nutrition Assistance Program, Food and Nutrition
Service, USDA, 3101 Park Center Drive, Alexandria, VA 22302, (703) 605-
4385.
Web site: Go to http://www.fns.usda.gov. Follow the online
instructions for submitting comments through the link at the
Supplemental Nutrition Assistance Program Web site.
Email: Send comments to [email protected]. Include
Docket ID Number [FNS-2011-0017], Supplemental Nutrition Assistance
Program: Nutrition Education and Obesity Prevention Grant Program
Interim Rule in the subject line of the message.
All comments submitted in response to this interim rule
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 comments publicly
available on the Internet via http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Jane Duffield, (703) 605-4385, at the
above address.
Executive Summary
I. Purpose of the Regulatory Action
The HHFK Act removes the existing nutrition education program under
section 11(f) of the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.), commonly known as SNAP Education (SNAP-Ed), and adds in its
place Section 28, the nutrition education and obesity prevention grant
program. This rule implements the nutrition education and obesity
prevention grant program, which FNS will continue 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 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 will broaden collaboration efforts and
relationships in order to provide more flexibility to include a wider
range of evidence-based intervention strategies.
II. Summary of the Major Provisions of the Regulatory Action in
Question Target Population
The Act 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. The Agency decided to ease administrative
burden on States for SNAP-Ed so defined low-income individuals for the
purposes of SNAP-Ed to include those mentioned above and low-income
individuals eligible to receive SNAP benefits or other means-tested
Federal assistance programs such as Medicaid or Temporary Assistance
for Needy Families (TANF), etc. 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 in order to receive a SNAP-Ed grant, essentially the same
procedure as before. The Plans must: identify the use of funding for
local projects; ensure that interventions are appropriate for the
eligible low-income population; and recognize the population's
constrained resources and potential eligibility for Federal nutrition
assistance. The rule allows States to propose implementing annual or
multi-year SNAP-Ed Plans of up to three years.
Use of Funds
The Act 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 and health
promotion. Expanding these approaches has the
[[Page 20412]]
added benefit of supporting more comprehensive anti-obesity efforts in
addition to providing greater State flexibility in programming.
Under this rule, States are permitted to use funds to deliver
nutrition education and obesity prevention activities using one 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 encouraged 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. Since SNAP-Ed funds are capped, States are strongly
encouraged to coordinate with other organizations to leverage financial
resources to reach low-income individuals through varied approaches.
Funding
This rule provides grants to States through 100 percent Federal
funding, requires no State contribution or match, is the only source of
Federal SNAP funds for these activities, and provides a two year period
of performance. This rule encourages States to seek public and private
financial contribution for SNAP-Ed activities to leverage the Federal
SNAP investment. The rule describes the allocation process in which
States receive funds based on their share of national SNAP-Ed
expenditures for Federal Fiscal Year (FFY) 2009 until FFY 2014 when the
allocation formula considers State shares of national SNAP
participation as well. In FFY 2014, the ratio of expenditures to
participation is 90/10 building progressively to a 50/50 ratio of
expenditures to SNAP participation by 2018 and thereafter. The funding
provisions of this rule stabilize SNAP-Ed funding and reduce State
administrative burden since no State contribution is required.
III. Costs and Benefits
----------------------------------------------------------------------------------------------------------------
Primary Discount
estimate Year dollar rate Period covered
----------------------------------------------------------------------------------------------------------------
Benefits
----------------------------------------------------------------------------------------------------------------
Qualitative: Provisions in Section 28 will result in a reduction of Federal costs and will reduce administrative
and financial burden for States, as well as improve the likelihood that low-income persons eligible for SNAP
and other federal means-tested programs will make healthy lifestyle choices.
----------------------------------------------------------------------------------------------------------------
Costs
----------------------------------------------------------------------------------------------------------------
Annualized Monetized ($millions/year)................ ........... ............ ............ ................
----------------------------------------------------------------------------------------------------------------
Transfers
----------------------------------------------------------------------------------------------------------------
Annualized Monetized ($millions/year)................ -$131 2013 7% FFY2013-2017
-$132 2013 3%
----------------------------------------------------------------------------------------------------------------
The first-year cost reduction for the Federal government is estimated at $158 million, with a total cost
reduction of $663 million in the first five years. Impacts are already incorporated into the President's budget
baseline.
----------------------------------------------------------------------------------------------------------------
From the Federal Government to State SNAP Agencies.
----------------------------------------------------------------------------------------------------------------
SUPPLEMENTARY INFORMATION:
I. Procedural Matters
Issuance of an Interim Rule and Date of Effectiveness
USDA, under the provisions of the Administrative Procedure Act at 5
U.S.C. 553(b)(B), finds for good cause that use of prior notice and
comment procedures for issuing this interim rule is impracticable.
Section 28 of the FNA of 2008, as added by Section 241 of Public Law
111-296, the HHFK Act of 2010, Public Law 111-296 enacted on December
13, 2010, requires publication in the Federal Register not later than
January 1, 2012 of a ``description of the requirements for the receipt
of a grant under this section.'' This statutory language demonstrates
that Congress expected the Secretary to publish in the Federal Register
a description of requirements that have maximum legal effect, not
proposed requirements, by January 1, 2012 so that State agencies can
rely on those requirements in preparing their fiscal year 2013
Nutrition Education State plans. To have maximum legal effect, USDA
believes that such requirements must be in the form of an effective
rule published in the Federal Register, not merely Agency guidance
materials. Furthermore, in Section 28 of the Act Congress mandated that
the Secretary consult with the Director of the CDC and outside
stakeholders and experts prior to identifying allowable uses of the
grant funds. Through USDA's diligent efforts to meet this Congressional
mandate, the Agency conducted nearly 25 consultative sessions with the
CDC and outside stakeholders and experts over a 6 month period. USDA
concludes that there was insufficient time to meet this Congressional
mandate and issue both a proposed rule and final rule prior to the
statutory deadline. As a result, this interim rule is necessary to
comply fully with the requirements of Section 28 of the FNA to ensure
that State agencies implement its provisions.
For the same reason of impracticability due to the statutory
implementation deadline, under the provisions of the Congressional
Review Act at 5 U.S.C. 808(2), USDA for good cause is issuing this rule
to be effective upon publication. This date is less than the latest of
the 60-day delay in effective date prior to, either the submission of a
report to Congress, or after publication of the rule in the Federal
Register, as required under section 801(a)(3)(A) of the Congressional
Review Act.
FNS invites public comment on this interim rule. FNS will consider
amendments to the rule based on comments submitted during the 60-day
comment period. The agency will address comments and affirm or amend
the interim rule in a final rule.
[[Page 20413]]
II. Background
The purpose of SNAP-Ed is to improve the likelihood that SNAP
participants and eligible low-income people will make healthy food
choices within a limited budget and choose active lifestyles consistent
with the current Dietary Guidelines for Americans (DGAs) and USDA food
guidance. SNAP-Ed is designed to coordinate with other Federal, State,
and local efforts to provide nutrition education to low-income
individuals and families.
State SNAP agencies have the option of providing nutrition
education to persons eligible for SNAP as part of their program
operations. FNS staff review and approve annual Nutrition Education
State Plans submitted by State agencies that chose to participate in
SNAP-Ed. These plans outline the States' activities and budget for the
following year.
In FFY 1992, FNS approved $661,000 in Federal funds for SNAP-Ed
efforts conducted by seven State agencies. The SNAP-Ed program has
grown steadily such that by FFY 2010 FNS approved $380 million in
Federal funds to provide SNAP-Ed in 52 State agencies.
SNAP-Ed is delivered through State SNAP agencies who subcontract
with implementing agencies for conducting local projects. Prior to the
HHFK Act, State SNAP agencies seeking Federal reimbursement for State
administrative costs submitted a Nutrition Education State Plan,
commonly referred to as a ``SNAP-Ed Plan'', for FNS approval. Criteria
for evaluating SNAP-Ed Plans included: timeliness, completeness,
presence of a needs assessment, goals/objectives, description of
projects, consistency with the DGAs and USDA food guidance, evaluation,
coordination of efforts, staffing, budget, assurances, and waivers.
Prior to the addition of Section 28 to the FNA, each year FNS
provided SNAP-Ed Plan Guidance that assists States with preparation of
SNAP-Ed Plans, describes reporting requirements for Plan activities,
serves as a reference for SNAP-Ed policy, and provides a timeline for
planning and reporting. The Guidance recommended that SNAP-Ed Plans
include behaviorally focused, science-based nutrition education
interventions, projects, or social marketing campaigns that fall within
the scope of SNAP-Ed and are consistent with FNS priorities. The focus
of SNAP-Ed has been:
(1) Health promotion to help SNAP eligibles establish healthy
eating habits and a physically active lifestyle and
(2) Primary prevention of disease to help SNAP eligibles that have
risk factors for diet-related chronic disease prevent or postpone the
onset of disease by establishing healthier eating and more physically
active lifestyles.
Purpose of the Rule
The HHFK Act removes the 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. The rule implements the nutrition
education and obesity prevention grant program, which FNS will continue
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.
This rule provides grants to States through 100 percent Federal
funding and requires no State contribution or match. Section 28 of the
FNA permits State and private financial contribution to SNAP-Ed
activities and this rule encourages States to seek these contributions
to leverage their Federal SNAP investment.
Implementation of this provision will provide accountability and
transparency through SNAP-Ed Plans and ensure that interventions
implemented as part of these Plans recognize the constrained resources
of the low-income population and are provided at no cost to recipients.
It also encourages greater coordination of projects with other public
or privately funded health promotion and nutrition improvement
strategies.
The implementation of this Program will continue SNAP's commitment
to serving low-income populations while focusing on the critical
problem of obesity, a major health concern. Implementation of the
nutrition education and obesity prevention grant program allows
coordinated services to be provided to participants in Federal
assistance programs and other low-income persons. This action will
broaden coordination and collaboration efforts and relationships in
order to provide more flexibility to include a wider range of evidence-
based intervention strategies. It will foster a more effective and
comprehensive program to address the critical problem of obesity,
especially its effects on low-income Americans.
Consultations
Section 28 of the FNA required 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 this rule. These stakeholders and experts included
representatives of advocacy groups, academic and research communities,
nutrition and health promotion associations, representatives of
Federal, State and local governments, and community service providers.
To assist in the formulation of this rule while meeting the
requirements of the Act, FNS conducted an aggressive outreach effort to
engage its partners, stakeholders, and experts in consultation on all
aspects of the provision. FNS conducted nearly 25 consultative sessions
over a 6 month period. These sessions included national stakeholder
meetings, listening sessions, webinars, meetings and conference calls
with State and local staff, Cooperative Extension Service staff/
administrators, nutrition network administrators, Indian Tribal
Leaders, nutrition practitioners, researchers, and representatives of
community-based organizations that serve low-income and minority
populations. Additional meetings and planning sessions were conducted
with Federal partners such as the CDC Division of Nutrition, Physical
Activity, and Obesity and representatives from various USDA agencies.
To broaden opportunities for public input, SNAP established an Internet
mailbox as a vehicle to receive informal written comments from
stakeholders and the public. These efforts resulted in over 150
stakeholder groups and individuals providing comments and suggestions
to FNS through meetings, webinars, listening sessions, and email for
re-shaping SNAP-Ed as a more robust program with demonstrated impact.
Nutrition Education State Plans
Prior regulation required that SNAP-Ed Plans include information on
the number and positions of staff providing services, a description of
nutrition education activities, and assurance that activities benefit
SNAP participants and others eligible to receive SNAP. The time frames
for Plan submission and approval were also stipulated in prior
regulation. Under prior law, State agencies received Federal
reimbursement for 50 percent of their allowable administrative costs
for approved nutrition education activities. States described these
activities in their Plans and the methods they would use to provide
their State contribution or match to the Federal reimbursement.
[[Page 20414]]
Consistent with prior law, Section 28 of the FNA requires State
agency submission of a Nutrition Education State Plan in order to
receive a grant for the provision of nutrition education and obesity
prevention services. FNS will continue to refer to these Plans as SNAP-
Ed Plans. Previous SNAP-Ed Plan Guidance required and Section 28 of the
Act mandated that SNAP-Ed Plans:
Identify the use of funding for local projects;
Ensure that interventions are appropriate for the eligible
low-income population; and
Recognize the population's constrained resources and
potential eligibility for Federal nutrition assistance.
The law calls for a two-year transition period, FFYs 2011 and 2012,
during which SNAP-Ed Plans remain consistent with requirements in
effect prior to passage of the law, with the exception of the new
funding procedures proscribed, i.e., no State match required. Section
28 of the Act further requires that Plans conform to Agency standards
set through guidance, grant award documents, or regulation.
Prior to this rule, FNS conveyed policy about the operation of
SNAP-Ed to States primarily through annual SNAP-Ed Plan Guidance.
During the transition period, SNAP-Ed Plan requirements for SNAP-Ed
remained relatively static. This allowed States to adjust to the new
funding structure called for in the HHFK Act during the two-year
transition period.
FNS received input about SNAP-Ed Plan requirements for FFY 2013 and
beyond from stakeholders through its numerous consultations, listening
sessions, and email responses. Some stakeholders expressed interest in
FNS allowing States the flexibility to submit either annual Plans or
multi-year Plans that describe SNAP-Ed activities over more than one
fiscal year. FNS has permitted multi-year Plans for SNAP-Ed on a
limited basis for several years. FNS has determined that States may
propose to implement annual or multi-year SNAP-Ed Plans that cover a
timeframe of up to three years.
SNAP-Ed Plans must be submitted by August 15th for FNS approval to
receive a grant for provision of nutrition education and obesity
prevention services. Approved Plans become effective for the following
FFY (October 1st--September 30th). The SNAP-Ed Plans must address the
requirements specified by law and meet standards established in this
rule, SNAP-Ed Plan Guidance, and other FNS policy. The SNAP-Ed Annual
Report that examines project activities and budget for the prior year
must be submitted by November 30th of each year.
Target Population
Section 28 of the Act 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. Under Section 28, State
agencies may deliver services either directly to eligible individuals
or through agreements with other State or local agencies or community
organizations.
Current SNAP-Ed guidance places a priority on nutrition education
for SNAP participants and persons eligible to receive SNAP. States can
also use SNAP-Ed funds to reach persons in locations where at least
half of the population has gross incomes equal to or less than 185
percent of the poverty threshold. For example, SNAP funds may be used
to serve persons residing, attending school, or in some circumstances
shopping for food in low-income areas.
Through consultations, some stakeholders recommended that FNS
expand the current definition of SNAP-Ed eligible. Considering its goal
to focus limited SNAP-Ed resources to reach as many of the SNAP-
eligible, low-income population as possible, the Agency decided, as
permitted by Section 28 of the Act, to define low-income individual to
ease administrative burden on States to target eligible populations.
The Secretary's definition for low-income persons for SNAP-Ed under
this rule is SNAP participants and low-income individuals eligible to
receive SNAP benefits 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 of low-income more closely 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.
SNAP-Ed Plan Guidance prior to implementation of the HHFK Act
provisions defined the target audience for services as SNAP
participants and eligibles and included multiple strategies and data
sources to assist agencies in identifying their target populations.
Commenters stated that the strategies and data sources described in
this previous SNAP-Ed Plan Guidance did not entirely address the
challenges experienced by some agencies to identify and reach their
target audience. They described the challenges some face in
implementing interventions such as social marketing campaigns where, in
focusing efforts on the low-income population, they inevitably reach
ineligible persons. These stakeholders indicated that implementing
SNAP-Ed activities should not exclude strategies States may develop
that might include ineligible individuals while reaching significant
numbers of low-income persons.
The Agency understands that States want greater flexibility in the
methods and data sources they use to identify their low-income SNAP-Ed
population to improve service delivery. FNS has determined that States
may propose alternative targeting methodologies such as defined areas
around a qualifying school, SNAP office, etc. that use relevant
supporting data sources beyond those included in prior SNAP-Ed Plan
Guidance to identify their target audience. States may propose how they
will identify their target audience as that audience is defined in
Section 28 of the Act and Sec. 272.2(d)(2)(iii) of this rule. FNS will
consider these State targeting proposals in SNAP-Ed Plans submitted for
approval.
Use of Funds
FNS received a significant number of comments from stakeholders,
including Federal partners, on the definition of nutrition education
and obesity prevention services in SNAP-Ed under this rule. SNAP-Ed
Plan Guidance prior to implementation of the HHFK Act provisions
defined nutrition education in SNAP-Ed as follows.
Nutrition education is a set of learning experiences designed to
facilitate the early adoption of eating and other nutrition-related
behaviors conducive to health and well-being for those on a limited
budget.
This definition addresses primarily the nutrition-related behavior
of SNAP recipients who, by definition, have limited resources. Many
stakeholders recommended revising this definition to address additional
factors that impact individual health and well-being such as
environmental, community, and policy factors that invariably impact
food choices. A majority of stakeholders recommended using the
following definition as the foundation for nutrition activities in
SNAP:
Nutrition education is any combination of educational strategies,
accompanied by environmental supports, designed to facilitate
[[Page 20415]]
voluntary adoption of food choices and other nutrition-related
behaviors conducive to health and well-being; nutrition education is
delivered through multiple venues and involves activities at the
individual, community and policy levels. (Isobel R. Contento, Ph.D.,
Nutrition Education, Linking Research, Theory, and Practice, Jones and
Bartlett Publishers, 2011)
The Agency also sought to describe obesity prevention services as
these are called for under Section 28 of the Act. CDC uses in its
programming this definition for obesity prevention services:
``interventions that address one or multiple levels of the socio-
ecologic model (SEM) related to nutrition, physical activity, or select
lifestyle behaviors that have been shown to impact obesity, and address
that level through policy, system, and environmental supports''. In
addition to CDC's definition, FNS considered some of the Institute of
Medicine's key messages about obesity prevention to describe obesity
prevention services in future SNAP-Ed programming such as ``The most
promising approaches for obesity prevention are population-based and
multilevel, focus on environmental and policy change, and require
participation from actors in multiple sectors'' and ``The strategies
and actions undertaken to prevent obesity and their resulting outcomes
vary according to the different environments in which they are
undertaken''. (Bridging the Evidence Gap in Obesity Prevention: A
Framework to Inform Decision Making, Institute of Medicine, Food and
Nutrition Board, April, 2010)
Section 28 of the FNA states that the nutrition education and
obesity prevention grant program activities may include comprehensive
multilevel interventions at multiple complementary organizational and
institutional levels with opportunity for community and public health
approaches. FNS decided to develop a definition for nutrition education
and obesity prevention services for use in SNAP-Ed programming to
include factors illuminated by Contento and others, described in the
HHFK Act, and implemented by other Federal agencies and SNAP-Ed
partners and stakeholders. The updated definition considers the
resources available for nutrition education and obesity prevention
services, the mission of FNS: ``To provide children and needy families
better access to food and a more healthful diet through its food
assistance programs and comprehensive nutrition education efforts;''
and the goal of SNAP-Ed: ``To improve the likelihood that persons
eligible for SNAP will make healthy food choices within a limited
budget and choose physically active lifestyles consistent with the
current Dietary Guidelines for Americans and USDA food guidance.''
The definition of nutrition education and obesity prevention
services that will become the basis for SNAP-Ed programming under this
rule and SNAP-Ed Plan Guidance implementing the HHFK Act provisions
follows:
SNAP nutrition education and obesity prevention services are any
combination of educational strategies, accompanied by environmental
supports, designed to facilitate voluntary 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 participate in SNAP and other means-
tested Federal assistance programs. Nutrition education and obesity
prevention services are delivered through multiple venues and involve
activities at the individual, community, and appropriate policy levels.
Acceptable policy level interventions are activities that encourage
healthier choices based on the current Dietary Guidelines for
Americans.
Section 28 of the FNA also stipulated that allowable nutrition
education and obesity prevention strategies be evidence-based.
Commenters provided feedback to the Agency on what evidence-based
approaches they 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 that could be instrumental in demonstrating the effectiveness
of a wide range of approaches in providing these activities.
FNS sought to formulate a definition for evidence-based to describe
the types of activities that would be funded in order to have the
greatest impact. The Agency reviewed definitions used by the Institute
of Medicine and CDC when developing the following definition for
evidence-based that will be used to describe nutrition education and
obesity prevention activities in SNAP-Ed.
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.
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 use of funds for
SNAP-Ed include conducting and evaluating intervention programs, and
implementing and measuring policy, systems, and environmental changes
in accordance with SNAP-Ed Guidance.
Section 28 further stipulates that funds may be used for evidence-
based activities using these approaches:
(1) Individual or group-based nutrition education, health
promotion, and intervention strategies;
(2) Comprehensive, multi-level interventions at multiple
complementary organizational and institutional levels;
(3) Community and public health approaches to improve nutrition.
The first approach, individual or group-based nutrition education
efforts, has been the hallmark of most nutrition efforts conducted by
FNS programs, including SNAP. Commenters acknowledged the importance of
providing nutrition education, health promotion, and other intervention
strategies to individuals and groups.
A significant number of commenters urged FNS to allow States to
implement strategies that would address the second approach,
comprehensive, multi-level interventions at multiple complementary
organizational and institutional levels, included in Section 28 of the
FNA. An example of this approach could include collaborating with
schools and other organizations to improve the school nutrition
environment including providing nutrition education classes and serving
on school wellness committees. Commenters generally suggested that FNS
consider the socio-ecological model (SEM) to address interventions. The
majority of these commenters requested that FNS allow nutrition
education and obesity prevention activities to emanate from all levels
of the SEM. The SEM, as described in the 2010 DGAs, provides a
framework that illustrates how spheres of influence including
individual factors,
[[Page 20416]]
environmental settings, sectors of influence (government, public health
and health care systems, agriculture, industry, and media), and social
and cultural norms affect individual and family eating and physical
activity choices.
Commenters indicated that using the SEM to provide nutrition
education and obesity prevention activities will address the
relationship between individuals, families, their environmental
setting, and the various sectors of influence in addition to the impact
of social and cultural norms and values. Commenters stated that using a
comprehensive approach such as the SEM could further SNAP-Ed's
collaborative efforts and that doing so would make SNAP-Ed's strategies
more consistent with current public and private organizational
recommendations for providing nutrition education and obesity/chronic
disease prevention strategies.
The third approach for the use of nutrition education and obesity
prevention grant funds is community and public health approaches to
improve nutrition. Community and public health approaches, based on a
definition used by CDC, are efforts that impact a large segment of the
population rather than targeting the individual. Public health
approaches can be targeted to low-income populations by focusing the
interventions on settings with large proportions of low-income people
such as schools, worksites, or other settings with a majority low-
income population. Community-based approaches can take place in
community centers, places of worship, community gardens, schools,
farmers markets, food retail venues, etc. Community and public health
programs, environmental strategies, and policies can impact larger
numbers of people as opposed to individual and group-based nutrition
education interventions alone which may impact a small number of
people.
Stakeholders encouraged greater implementation of multilevel
interventions and community and public health approaches into SNAP-Ed
activities. They added that SNAP-Ed funds could be leveraged with other
Federal and State funds for nutrition education and obesity prevention
efforts to increase effectiveness and efficiency.
States may 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. To improve
program design, FNS encourages State agencies to integrate multiple
approaches in implementing these activities. SNAP-Ed Plan Guidance will
further describe how nutrition education and obesity prevention
activities can be implemented in SNAP-Ed utilizing the approaches
called for in Section 28 of the Act.
Coordination
Section 28 of the FNA stipulates that nutrition education and
obesity prevention grant program projects may be coordinated with other
public or privately funded health promotion or nutrition improvement
strategies as long as the State agency retains administrative control
of the projects. While FNS currently encourages States to connect
nutrition education across programs and to collaborate and develop more
integrated nutrition education approaches, commenters advised FNS to
more strongly encourage or mandate that State agencies coordinate their
SNAP-Ed activities with other projects in their State to the maximum
extent possible. Commenters recommended that States coordinate these
services with other State-administered Federal programs, State and
Federal nutrition education and obesity prevention strategies, and
community-based efforts as examples.
FNS recognizes the potential synergy of coordinating nutrition
education and obesity prevention activities with public and private
interventions aimed at encouraging healthier lifestyles for the low-
income population. It also recognizes the potential impact of
leveraging SNAP-Ed financial resources with that of other organizations
to reach eligible individuals through multiple channels and varied
approaches. FNS continues to encourage States to coordinate SNAP-Ed
activities with other national, State, and local nutrition education
and health promotion initiatives and interventions including those
implemented by other FNS nutrition assistance programs. FNS has
determined that States shall describe their coordination efforts in
their SNAP-Ed Plans. States are strongly encouraged to coordinate
activities and collaborate with community nutrition education and
obesity prevention activities such as State Departments of Health and
Education implementation of related State and Federally-funded
programs. Such collaboration provides the capacity to implement
activities through multiple spheres of the SEM. In accordance with
Section 28 of the FNA, States shall continue to show in their Plans
that the funding received from SNAP will remain under the
administrative control of the State agency as they coordinate their
activities with other organizations.
Funding
Section 28 of the FNA altered the manner in which funding is
provided to States for nutrition education and obesity prevention
services. When the statute was enacted, for fiscal year 2011 and
thereafter, States receive 100 percent Federal funding through grants
with no requirement for a State contribution or match.
FNS staff held several listening sessions with State SNAP directors
and local project staff and an additional session that was coordinated
through the American Public Human Services Association to hear their
concerns about the SNAP provisions of the HHFK Act. The majority of
State and local concerns focused on State allocations and how those
allocations may have differed from the level of funding requested in
approved FFY 2011 SNAP-Ed Plans, as well as other funding issues. Most
of the comments came from States whose allocation was significantly
less than the amount earlier approved in their FFY 2011 State plans.
Additionally States:
Questioned whether reallocation of funds from States that
would not use their full allocation was feasible;
Requested further explanation of the funding formula that
would be used from FFY 2012 onward; and
Inquired as to whether States could borrow against future
allocations to help meet shortfalls.
Under Section 28 of the FNA, FNS has no discretion in how the funds
are allocated as the language in the Act is prescriptive. Based on the
funding formula used to determine allocations under Section 28, some
States received a lower allocation than the level approved in their FFY
2011 SNAP-Ed Plan and considered this a cut in funding. Other States
received a higher allocation than the amount approved previously for
FFY 2011.
States inquired as to whether there would be a reallocation of
funds as allowed in the statute, should some States surrender funds
they could not use. FNS encouraged States to expend all available funds
and does not anticipate a need for reallocation. States surrendering
funds would be negatively impacted since their base allocation for the
following fiscal year would be reduced by the amount of funds
surrendered. The base allocation for States receiving funds would be
increased by the same amount. No funds were surrendered or reallocated
in FFY 2011 and some States had to decrease planned services due to
funding limitations.
[[Page 20417]]
Based on the Act, FNS cannot allow States to borrow against future
allocations as some States requested. The Agency provided financial
technical guidance to States to address their other funding-related
concerns through implementing memoranda and responses to questions.
FNS considered the impact on State and local agencies as a result
of the funding changes. The overall effect is to lessen administrative
burden by eliminating the requirement that States provide a 50 percent
contribution or match and the associated documentation. Furthermore, by
making the grant period of performance a two-year period rather than
the previous one-year period, the FNS provides greater flexibility to
State agencies and allows them to expend effectively and more fully the
Federal funds available to them.
This rule implements financial changes retroactive to the beginning
of FFY 2011 as required by law. Based on the statute, FNS allocated
$375,000,000 in grant funding for FFY 2011 for nutrition education and
obesity prevention services to the 52 State agencies that provided
SNAP-Ed services based on an approved FFY 2009 SNAP-Ed Plan. From
October 1, 2011, and thereafter, each State agency that submits an
approved SNAP-Ed Plan will receive a Federal nutrition education and
obesity prevention grant consisting of a base amount that reflects its
share of national SNAP-Ed expenditure for FFY 2009 as reported in
February 2010. The grants are the only source of Federal funds
available from SNAP for nutrition education and obesity prevention
services to States. Costs in excess of the grants are not eligible for
Federal SNAP reimbursement.
For FFY 2012 and thereafter the funds are indexed for inflation and
are adjusted to reflect any increases for the 12-month period ending
the preceding June 30 in the Consumer Price Index (CPI) for All Urban
Consumers published by the Bureau of Labor Statistics of the Department
of Labor. FNS will make every effort to provide estimates to States of
any increases in the CPI earlier than June 30th. These estimates will
be based on projections contained in the annual President's Budget
submission to Congress. The funding formula from FFY 2014 and
thereafter factors in State shares of national SNAP participation in
conjunction with State shares of the base 2009 national expenditures,
building progressively to a 50/50 weighting in FFY 2018 and beyond. The
allocations to States for nutrition education and obesity prevention
grant program services are summarized as follows:
For FFY 2011, 2012, 2013, funds allocated to States are in
direct proportion to State expenditures for FFY 2009, as reported in
February 2010;
For 2014, 90 percent based on expenditures, plus 10
percent based on the State's share of national SNAP participants for
the 12-month period February 1, 2012 to January 31, 2013;
For 2015, 80 percent based on expenditures, plus 20
percent based on the State's share of national SNAP participants for
the 12-month period February 1, 2013 to January 31, 2014;
For 2016, 70 percent based on expenditures, plus 30
percent based on the State's share of national SNAP participants for
the 12-month period February 1, 2014 to January 31, 2015;
For 2017, 60 percent based on expenditures, plus 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,
For 2018 and thereafter, 50 percent based on expenditures,
plus 50 percent based on the State's share of national SNAP
participants for the previous 12-month period ending January 31st.
FNS reserves its authority to reallocate funds as described in
Section 28 of the Act. If the Agency determines that a State agency
will not expend all of its funds or if a State elects to not receive
its entire grant amount, FNS may reallocate the unexpended funds during
the period for which the funding is available for new obligations at
the Federal level to other States that have approved SNAP-Ed Plans, as
appropriate, based upon criteria that the Agency may establish for such
purposes. Reallocated funds received by a State will be considered part
of its base 2009 allocation for the next fiscal year for the purpose of
determining allocation; funds surrendered by a State shall not be
considered part of its base 2009 allocation for the next fiscal year
for the purpose of determining allocation.
If a State proposes during the SNAP-Ed planning process to
surrender funds that they have no plans to obligate during the two year
period of performance for the grants, FNS could potentially re-direct
those surrendered funds to other States. At this time, FNS anticipates
that no State would surrender funds due to the potential for negative
impact on the State's allocation for the following year. No States
surrendered funds during fiscal year 2011 and no reallocation criteria
were needed.
States expressed an interest in exercising greater oversight over
administration of their SNAP-Ed grants, especially in light of adoption
of community and public health approaches and the requirement for
greater coordination and collaboration with public and private
partners. Some States and other stakeholders expressed interest in
using SNAP-Ed funds to employ State staff to oversee administration and
monitoring of the funds. Some States inquired about incorporating more
competition in selection of sub grantees to implement nutrition
education and obesity prevention services. For these and other reasons,
States requested FNS provide further guidance on State-level
administration of nutrition education and obesity prevention grants.
FNS' role in the State administration of approved grant funds is
limited to what is required by Federal law. FNS did clarify to States
that they have discretion to choose to use any part of their SNAP-Ed
grant funds or other State administrative funds to retain staff, such
as a Registered Dietitian or credentialed nutrition service provider,
to administer SNAP-Ed grant funding. States additionally have the
authority to award funds to sub grantees, competitively or otherwise,
according to State financial guidance. However, funds shall remain
under the administrative control of the State agency.
Executive Order 12866 and Executive Order 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 interim rule has been designated an ``economically significant
regulatory action'' under section 3(f) of Executive Order 12866.
Accordingly, the rule has been reviewed by the Office of Management and
Budget.
Regulatory Impact Analysis
As required for all rules that have been designated as economically
significant by the Office of Management and Budget (OMB), a Regulatory
Impact Analysis (RIA) was developed for this interim rule. The
following summarizes
[[Page 20418]]
the conclusions of the regulatory impact analysis:
Need for Action: The interim rulemaking 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 signed on
December 13, 2010, to award grants to States for the provision of
nutrition education and obesity prevention programs.
Benefits: There are several benefits to the rule. In the past, the
funding for SNAP-Ed was highly variable between years. With this rule,
the funding will grow by the CPI-U, smoothing out the variation to a
regular growth pattern. Secondly, the cost-sharing burden on States
will decrease because they will no longer have a required funding match
and may result in improved targeting of services and greater
efficiencies since States will no longer have to seek matching funds in
order to provide those services. The rule has an added benefit of
supporting more comprehensive anti-obesity efforts as the use of
funding has been expanded to include environmental approaches and
policy level work in addition to nutrition education and health
promotion. States will have the opportunity to implement comprehensive,
multilevel interventions and use community-based and public health
approaches to extend their efforts. Federal Cost Reduction: The new
rule is expected to reduce Federal costs by $158 million in FY 2013 and
$663 million in the five-year period between FY 2013 and FY 2017. When
annualized at a discount rate of 7 percent, this yields an expected
Federal cost reduction of $131 million per year.
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 will not have a significant impact on a
substantial number of small entities. Currently, 52 State agencies
implement SNAP-Ed programs, and this 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 interim 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 under
10.561. For the reasons set forth in the final rule at 7 CFR part 3015,
subpart V and related Notice (48 FR 29115, June 24, 1983), 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
in accordance with Section (6)(b)(2)(B) of Executive Order 13132. This
interim rulemaking 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. USDA has considered the impact of this
rule on State and local governments and has determined that this rule
does not have federalism implication and 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
This interim rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This interim 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 reviewed this interim rule in accordance with the Department
Regulation 4300-4, ``Civil Rights Impact Analysis,'' to identify and
address any major civil rights impacts the rule might have on
minorities, women, and persons with disabilities, elderly, homeless,
and persons with Limited English proficiency.
Executive Order 13175
E.O. 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. In late 2010 and the first half of 2011,
USDA engaged in a series of consultative sessions to obtain input by
Tribal officials or their designees concerning the impact of this rule
on the tribe or Indian Tribal governments, or whether this rule may
preempt Tribal law. Reports from these consultations will be made part
of the USDA annual reporting on Tribal Consultation and Collaboration.
USDA will respond in a timely and meaningful manner to all Tribal
government requests for consultation concerning this rule and will
provide additional venues, such as webinars and teleconferences, to
periodically host collaborative conversations with Tribal officials or
their designees concerning ways to improve this rule in Indian country.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. Chap. 35; see 5 CFR
part 1320) requires 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 interim rule does not increase burden hours for
State agencies in the
[[Page 20419]]
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 2013 EARS data by
December 31, 2013 thereby negating the necessity for an Information
Collection Request as part of this rule.
E-Government Act Compliance
The Food and Nutrition Service 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.
Regulatory Impact Analysis
7 CFR part 272: Supplemental Nutrition Assistance Program
Provisions of Title II of Public Law 111-296
Supplemental Nutrition Assistance Program: Nutrition Education and
Obesity Prevention Grant Program Interim Rule
I. Statement of Need
The interim rulemaking is necessary to amend Supplemental Nutrition
Assistance Program (SNAP) regulations to implement Section 28 of the
Food and Nutrition Act (``FNA'' or the ``Act'') of 2008, as added by
Section 241 of Public Law 111-296, the Healthy, Hunger-Free Kids Act of
2010 (HHFK Act), signed on December 13, 2010, to award grants to States
for the provision of nutrition education and obesity prevention
programs. The HHFK Act removes the existing nutrition education program
under section 11(f) of the Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.), commonly known as SNAP-Ed, and replaces it with the
nutrition education and obesity prevention grant program, which will
still be referred to as SNAP-Ed. The interim rule seeks to improve
program operation and effectiveness by making it easier for States to
administer while meeting the needs of the eligible low-income
population. The interim rule provides State agencies with requirements
for implementing Section 28 of the FNA including the grant award
process and the formula for allocating the 100 percent Federal grant
funding authorized under the Act to carry out nutrition education and
obesity prevention services each fiscal year.
II. Summary of Impacts
The Department has estimated that the SNAP-Ed program provision of
Section 28 of the FNA implemented in the interim rule will result in a
reduction of Federal costs of $158 million in Federal fiscal year (FFY)
2013 and $663 million over the 5 years, FFY 2013 through FFY 2017. The
Federal budget impacts are summarized below in Table 1; these estimates
are categorized as transfers in the accounting statement that follows.
Table 1--Summary of Federal Budget Impacts
--------------------------------------------------------------------------------------------------------------------------------------------------------
In millions of dollars FFY 2013 FFY 2014 FFY 2015 FFY 2016 FFY 2017 Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Nutrition Education and Obesity Prevention Grant Program--Section -$158 -$77 -$109 -$142 -$177 -$663
28 of the FNA...................................................
--------------------------------------------------------------------------------------
Total Cost................................................... -$158 -$77 -$109 -$142 -$177 -$663
--------------------------------------------------------------------------------------------------------------------------------------------------------
As required by OMB Circular A-4, in Table 2 below, we have prepared
an accounting statement showing the annualized estimates of benefits,
costs, and transfers associated with the provisions of this interim
rule.
Table 2--Accounting Statement
----------------------------------------------------------------------------------------------------------------
Primary Discount
estimate Year dollar rate Period covered
----------------------------------------------------------------------------------------------------------------
Benefits
----------------------------------------------------------------------------------------------------------------
Qualitative: Provisions in Section 28 will result in a reduction of Federal costs and will reduce administrative
and financial burden for States, as well as improve the likelihood that low-income persons eligible for SNAP
and other federal means-tested programs will make healthy lifestyle choices.
----------------------------------------------------------------------------------------------------------------
Costs
----------------------------------------------------------------------------------------------------------------
Annualized Monetized ($millions/year)................
----------------------------------------------------------------------------------------------------------------
Transfers
----------------------------------------------------------------------------------------------------------------
Annualized Monetized ($millions/year)................ -$131 2013 7% FFY2013-2017
-$132 2013 3%
----------------------------------------------------------------------------------------------------------------
The first-year cost reduction for the Federal government is estimated at $158 million, with a total cost
reduction of $663 million in the first five years. Impacts are already incorporated into the President's budget
baseline.
----------------------------------------------------------------------------------------------------------------
From the Federal Government to State SNAP Agencies.
----------------------------------------------------------------------------------------------------------------
[[Page 20420]]
Analysis of Impacts
The cost estimates rely on assumptions about the future growth of
SNAP Education (SNAP-Ed) approved \1\ Federal funding in absence of the
change contained in Section 28 of the Food and Nutrition Act. Between
FFY 2009 and FFY 2010, the approved Federal funding for SNAP-Ed grew
from $350.3 million to $379.6 million, an increase of 8 percent. The
cost estimate assumes the same annual growth rate in future years.
---------------------------------------------------------------------------
\1\ Actual expenditures were often less than approved Federal
funds.
---------------------------------------------------------------------------
The estimates of the cost of the SNAP-Ed program in future years
are based on economic assumptions from the Office of Management and
Budget (OMB) of the June value of the Not Seasonally Adjusted Consumer
Price Index for All Urban Consumers (CPI-U).
Nutrition Education and Obesity Prevention Grant Program--Section 241
Discussion: Section 28 of the FNA changed the funding for SNAP-Ed.
In the past, the Department would match all State funding designated
for SNAP-Ed in their SNAP nutrition education state plan. As a result,
the approved Federal funding varied substantially from year-to-year,
from a low of $99 million in FFY 2000 to nearly $380 million in FFY
2010. The year-to-year percentage changes during that time had a range
from a decline of 1 percent to an increase of 45 percent.
This interim rule provides grants to States through 100 percent
Federal SNAP funding and requires no State contribution or match.
Section 28 of the FNA permits financial contributions from State and
private, as well as from other Federal programs when multi-level/
organizational activities are covered, for nutrition education and
obesity prevention program activities and FNS encourages States to seek
these contributions to leverage their Federal SNAP investment.
Effect on Low-Income Families: The Department determined that the
definition of eligible individuals under Section 28 of the FNA does not
significantly change the population eligible for the previous SNAP-Ed
programs. The implementation of the new SNAP-Ed program will continue
SNAP's commitment to serving low-income populations while focusing on
the critical problem of obesity, a major health concern. Implementation
of the SNAP-Ed program allows coordinated services to be provided to
participants in Federal assistance programs and other low-income
persons. This action will broaden coordination and collaboration
efforts and relationships in order to provide more flexibility to
include a wider range of evidence-based intervention strategies. It
will foster a more effective and comprehensive program to address the
critical problem of obesity, especially its effects on low-income
Americans. The goal of the SNAP-Ed Program is to improve the likelihood
that persons eligible for SNAP will make healthy food choices within a
limited budget and choose physically active lifestyles consistent with
the current Dietary Guidelines for Americans (DGAs).
Federal Savings Impact: The new legislation intends to improve
program funding and operations by creating a specific formula with a
set growth pattern for a steady year-to-year increase. The HHFK Act
specified that total funding for FFY 2011 would be $375,000,000 and
that total funding for subsequent fiscal years is adjusted to reflect
any increases for the 12-month period ending the preceding June 30 in
the Not Seasonally Adjusted CPI-U published by the Bureau of Labor
Statistics (BLS) of the Department of Labor. Subsequent to the HHFK
Act, the American Taxpayer Relief Act of 2012 (ATRA), signed into law
on January 2, 2013, authorized the total amount of SNAP-Ed funding that
would be available for FFY 2012 through FFY 2015 and then subsequent
fiscal years would be adjusted by the CPI-U as in the HHFK Act. The
following cost analysis uses the funding authorized in ATRA for FFY
2013 to FFY 2015 and estimates of the CPI-U in future years from OMB to
estimate funding in FFY 2016 and FFY 2017.
ATRA authorized $285,000,000 for SNAP-Ed in FY 2013. We estimate
the approved Federal funding for SNAP-Ed in the absence of Section 28
of the FNA and ATRA for FFY 2013 at $442,768,187. We calculate this by
taking the approved Federal funding amount for FFY 2011 ($379,602,355)
and multiplying it by an estimated increase of 8 percent to get the FFY
2012 funding. The amount of $379,602,355 multiplied by 1.08 is
$409,970,543, which is the FFY 2012 funding. The FFY 2013 funding is
calculated the same way. We multiply the FFY 2012 funding of
$409,970,543 by 8 percent for a FFY 2013 funding total of $442,768,187.
To estimate the savings from implementing the new SNAP-Ed program
funding formula, we subtract the SNAP-Ed program funding for FFY 2013
of $285,000,000 from the projected approved Federal funding for SNAP-Ed
in absence of Section 28 of the Act and ATRA of $442,768,187. When we
subtract $285,000,000 from $442,768,187, it results in a savings of
$157,768,187 in FFY 2013.
The same methodology was used for FFY 2014 and FFY 2015. We
calculated the funding for SNAP-Ed in absence of Section 28 of the FNA
by multiplying the prior year's funding by 8 percent. The SNAP-Ed
funding authorized in ATRA is $401,000,000 in FFY 2014 and $407,000,000
in FFY 2015. The difference between the two projected funding estimates
is the savings in each fiscal year. This results in a savings of
$77,189,642 in FFY 2014 and $109,444,813 in FFY 2015.
For FFY 2016, the SNAP-Ed funding authorized by ATRA is the prior
year funding amount indexed by the change in the June value of the CPI-
U. The OMB estimate of the unadjusted index is 240.229 for June 2014
and 245.513 for June 2015. To calculate the June-to-June change, we
divide 245.513 by 240.229, which is 1.022. We then multiply the FFY
2015 funding amount of $407,000,000 by the June-to-June change in the
CPI-U, or 1.022, which results in the FFY 2016 funding for SNAP-Ed of
$415,952,241. When we subtracted this value from the projected funding
for SNAP-Ed in absence of the HHFK Act for FFY 2016 of $557,760,398,
the result is a savings of $141,808,157.
For FFY 2017 the SNAP-Ed funding for FFY 2016 is indexed by the
change in the June value of the CPI-U. The OMB estimate of the
unadjusted index is 250.915 for June 2016. To calculate the June-to-
June change, we divide 250.915 by 245.513, which is 1.022. We then
multiply the FFY 2016 funding amount of $415,952,241 by the June-to-
June change in the CPI-U, or 1.022, which results in the FFY 2017
funding of $425,104,400. When we subtracted this value from the
projected funding for SNAP-Ed in absence of the HHFK Act and ATRA for
FFY 2016 of $602,381,230, the result is a savings of $177,276,830.
We anticipate that stabilizing the funding structure for SNAP
nutrition education will save the Government $158 million in FFY 2013,
and $663 million in the five-year period from FFY 2013 to FFY 2017.
Participant Impacts: We do not anticipate any changes in SNAP
participation resulting from the SNAP-Ed Programs.
III. Alternatives Considered
Under Section 28 of the Food and Nutrition Act, the Department has
no discretion in the total funding for SNAP-Ed programs or how the
funds are allocated to the States as the language in the Act is
prescriptive.
[[Page 20421]]
Section 28 of the Food and Nutrition Act makes no significant
change to the eligible population for SNAP-Ed programs.
We considered a number of alternatives for estimating future SNAP-
Ed funding in absence of Section 28 of the FNA to determine the savings
from the implementation of the SNAP-Ed programs. Because approved
Federal funding for SNAP-Ed from year to year between FFY 2000 and FFY
2010 varied considerably, we could have used the average year-to-year
change in funding based on actual dollar amounts, or we could have used
an average year-to-year change in funding based on the percentage
change. Another alternative we considered was using the compound annual
growth rate in approved Federal funding. However, because the year-to-
year funding amount changed considerably during that period, and
because the amounts were decreasing over time, we chose to use only the
change of 8 percent between the most recent two fiscal years, FFY 2009
and FFY 2010, which reflects a conservative estimate of future growth
in SNAP-Ed funding in the absence of Section 28 of the FNA.
IV. References
Approved Federal Funds for Supplemental Nutrition Assistance Program
Education by Fiscal Year at http://www.nal.usda.gov/foodstamp/pdf/Historical%20FSNE%20Funding.pdf and http://www.nal.usda.gov/foodstamp/pdf/Historical%20FSNE%20Funding.pdf.
Bureau of Labor Statistics Consumer Price Index page at http://www.bls.gov/cpi/.
List of Subjects in 7 CFR Part 272
Alaska, Civil rights, Supplemental Nutrition Assistance Program,
Grant programs-social programs, Reporting and recordkeeping
requirements, Unemployment compensation, Wages.
For the reasons set forth in the preamble, 7 CFR part 272 is
amended as follows:
PART 272--REQUIREMENTS FOR PARTICIPATING STATE AGENCIES
0
1. The authority citation for part 7 CFR part 272 continues to read as
follows:
Authority: 7 U.S.C. 2011-2036.
0
2. In Sec. 272.2, paragraphs (d)(1)(iii), (d)(2), (d)(6) are revised
to 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 shall:
(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 the 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;
(iv) Ensure interventions are appropriate for the low-income
population defined as SNAP participants and low-income individuals
eligible to receive SNAP benefits or other means-tested Federal
assistance programs. The interventions must recognize the population's
constrained resources and potential eligibility for Federal food
assistance;
(v) 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;
(vi) 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, and operating its SNAP-
Ed program in accordance with its approved SNAP-Ed Plan;
(B) Definitions. SNAP nutrition education and obesity prevention
services are defined as any combination of educational strategies,
accompanied by environmental supports, designed to facilitate voluntary
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 participate in SNAP
and other means-tested Federal assistance programs. Nutrition education
and obesity prevention services are delivered through multiple venues
and involve activities at the individual, community, and appropriate
policy levels. Acceptable policy level interventions are activities
that encourage healthier choices based on the current 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.
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 policy, systems, and environmental
changes in accordance with SNAP-Ed 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
one 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;
(vii) Include a description of the State's efforts to coordinate
activities with national, State, and local nutrition education and
health promotion initiatives and interventions, whether public or
privately funded. The relationship between the State agency
[[Page 20422]]
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 must be available for
inspection upon request;
(viii) 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;
(ix) Federal financial participation and allocation of grants. (A)
Each State agency that submitted an approved fiscal year 2009 SNAP-Ed
Plan will receive a 100 percent Federal grant each fiscal year to
operate SNAP-Ed based on the State's share of national SNAP-Ed
expenditures for fiscal year 2009 as reported in February 2010. The
grant requires no State contribution or match. The grant period of
performance is two years and these funds are the only source of Federal
funds available under the Food and Nutrition Act of 2008, as amended,
for SNAP nutrition education and obesity prevention services to States.
Funds in excess of the grants are not eligible for SNAP Federal
reimbursement;
(B) A State agency's receipt of its 100 percent Federal SNAP-Ed
grant is contingent on FNS' approval of the State agency's SNAP-Ed
Plan. If an adequate Plan is not submitted, FNS may reallocate a State
agency's grant among other State agencies with approved Plans;
(C) States shall identify the uses of funding for local projects
and show that the funding received shall remain under the
administrative control of the State agency;
(D) Annually, FNS will determine each State's share of the funding
provided for each fiscal year. The amount of funding provided in fiscal
year 2011 was $375,000,000, and the amount of funding provided in each
subsequent year is determined by adjusting the previous fiscal year's
amount to reflect any increases for the 12-month period ending the
preceding June 30th in the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics of the Department of Labor;
(E) FNS will allocate the funding available each fiscal year for
SNAP-Ed grants using the formula proscribed by law that factors in
State shares of the base 2009 Federal expenditures, building
progressively to a 50/50 weighting of expenditures to participation
from fiscal year 2014 to fiscal year 2018 and beyond. The allocations
to a State for SNAP-Ed grants will be:
(1) For fiscal year 2013, in direct proportion to State
expenditures for FFY 2009, as reported in February 2010;
(2) For fiscal year 2014, 90 percent based on expenditures, plus 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 fiscal year 2015, 80 percent based on expenditures, plus 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 fiscal year 2016, 70 percent based on expenditures, plus 30
percent based on the State's share of national SNAP participants for
the 12-month period February 1, 2014 to January 31, 2015;
(5) For fiscal year 2017, 60 percent based on expenditures, plus 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 fiscal year 2018 and thereafter, 50 percent based on
expenditures, plus 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 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, 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 at the Federal level. Reallocated funds received by a State
will be considered part of its base 2009 allocation for the next fiscal
year for the purpose of determining allocation; funds surrendered by a
State shall not be considered part of it base 2009 allocation for the
next fiscal year for the purpose of determining allocation.
(x) Fiscal recordkeeping and reporting requirements. Each
participating State agency must meet FNS fiscal recordkeeping and
reporting requirements. Total SNAP-Ed expenditures are reported on the
Financial Status Report (SF-425). States are expected to continue to
collect and report State and private contributions to their SNAP-Ed
activities through the Education Administration and Reporting System
FNS-759;
(xi) 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;
(xii) The State agency must submit a SNAP-Ed Annual Report to FNS
by November 30th of each year. The report shall describe SNAP-Ed Plan
project activities 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 15th. Approved plans
become effective the following FFY October 1st to September 30th.
* * * * *
Sec. 272.5 [Amended]
0
4. Section 272.5(b)(1) is amended by removing paragraphs (b)(1) and
(b)(2) and redesignating paragraphs (b)(3) and (b)(4) as paragraphs
(b)(1) and (b)(2).
Dated: March 27, 2013.
Kevin Concannon,
Under Secretary, Food, Nutrition, and Consumer Services.
[FR Doc. 2013-07602 Filed 4-4-13; 8:45 am]
BILLING CODE 3410-30-P