This notice sets forth the interpretation that the U.S. Department of Agriculture uses for the term “Federal public benefit” as used in Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. In doing so, this notice supersedes any prior interpretation in any notice or other document issued by any USDA agency. This notice also describes and preliminarily identifies the USDA programs that provide “Federal public benefits” within the scope of PRWORA.
The Federal-State Supplemental Nutrition Programs Agreement (form FNS-339) is an annual contract between USDA and each state, territory, and Indian Tribal Government agency seeking to operate one or more of the following programs: The Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the WIC Farmers' Market Nutrition Program (FMNP), and the Seniors Farmers' Market Nutrition Program (SFMNP).
The American Rescue Plan Act of 2021 (ARPA), which was signed into law in March 2021, provided USDA with $390 million and waiver authority for outreach, innovation, and program modernization in WIC and the WIC Farmers' Market Nutrition Program. FNS is interested in understanding the implementation and outcomes related to these modernization efforts.
The proposed information collection is a request for a revision of a currently approved collection of information relating to the reporting and recordkeeping burden associated with completing, submitting, and maintaining a record of form FNS-339, the Federal-State Supplemental Nutrition Programs Agreement for the administration of WIC, FMNP, and SFMNP.
The activities that are covered by this Information Collection Request include the transition from individual collections for program waivers and state plans to a new application supporting multiple USDA programs.
FNS uses the information to assess how each FMNP state agency operates; to ensure the accountability of state agencies, local agencies, and farmers/farmers' markets/roadside stands; to make program management decisions; and to report to Congress as needed.
This final rule incorporates into the Senior Farmers’ Market Nutrition Program regulations, statutory provisions set forth in the Farm Bill of 2008. The three provisions include adding honey as an eligible food for purchase with SFMNP benefits, prohibiting the value of SFMNP benefits from consideration as income or resources when determining eligibility for other programs under any federal, state or local law, and prohibiting the collection of state or local tax on a purchase of food with a benefit distributed under the SFMNP.
This interim final rule amends the WIC Farmers’ Market Nutrition Program regulations to codify three FMNP nondiscretionary provisions mandated in the Child Nutrition and WIC Reauthorization Act of 2004.
This document announces the approval date of the provisions contained in the final rule published Dec. 12, 2006 and amends the final rule to include the OMB Control Number assigned to the information collection burden.
This final rule implements the provision of the Farm Security and Rural Investment Act of 2002 that gives the Secretary of Agriculture the authority to promulgate regulations for the operation and administration of the Senior Farmers' Market Nutrition Program, thereby making it a permanent program rather than a competitive grant.