2011 US Code
Title 7 - Agriculture
Chapter 51 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (§§ 2011 - 2036a)
Section 2034 - Assistance for community food projects

In this section:

In this section, the term “community food project” means a community-based project that—

(A) requires a 1-time contribution of Federal assistance to become self-sustaining; and

(B) is designed—

(i)(I) to meet the food needs of low-income individuals;

(II) to increase the self-reliance of communities in providing for the food needs of the communities; and

(III) to promote comprehensive responses to local food, farm, and nutrition issues; or

(ii) to meet specific State, local, or neighborhood food and agricultural needs, including needs relating to—

(I) infrastructure improvement and development;

(II) planning for long-term solutions; or

(III) the creation of innovative marketing activities that mutually benefit agricultural producers and low-income consumers.

The term “Center” means the healthy urban food enterprise development center established under subsection (h).

The term “underserved community” means a community (including an urban or rural community or an Indian tribe) that, as determined by the Secretary, has—

(A) limited access to affordable, healthy foods, including fresh fruits and vegetables;

(B) a high incidence of a diet-related disease (including obesity) as compared to the national average;

(C) a high rate of hunger or food insecurity; or

(D) severe or persistent poverty.

From amounts made available to carry out this chapter, the Secretary may make grants to assist eligible private nonprofit entities to establish and carry out community food projects.

The total amount of funds provided as grants under this section may not exceed—

(A) $1,000,000 for fiscal year 1996; and

(B) $5,000,000 for fiscal year 2008 and each fiscal year thereafter.

To be eligible for a grant under subsection (b) of this section, a private nonprofit entity must—

(1) have experience in the area of—

(A) community food work, particularly concerning small and medium-sized farms, including the provision of food to people in low-income communities and the development of new markets in low-income communities for agricultural producers; or

(B) job training and business development activities for food-related activities in low-income communities;

(2) demonstrate competency to implement a project, provide fiscal accountability, collect data, and prepare reports and other necessary documentation; and

(3) demonstrate a willingness to share information with researchers, practitioners, and other interested parties.

In selecting community food projects to receive assistance under subsection (b) of this section, the Secretary shall give a preference to projects designed to—

(1) develop linkages between 2 or more sectors of the food system;

(2) support the development of entrepreneurial projects;

(3) develop innovative linkages between the for-profit and nonprofit food sectors; or

(4) encourage long-term planning activities, and multisystem, interagency approaches with multistakeholder collaborations, that build the long-term capacity of communities to address the food and agricultural problems of the communities, such as food policy councils and food planning associations.

The Federal share of the cost of establishing or carrying out a community food project that receives assistance under subsection (b) of this section may not exceed 50 percent of the cost of the project during the term of the grant.

In providing for the non-Federal share of the cost of carrying out a community food project, the entity receiving the grant shall provide for the share through a payment in cash or in kind, fairly evaluated, including facilities, equipment, or services.

An entity may provide for the non-Federal share through State government, local government, or private sources.

A community food project may be supported by only a single grant under subsection (b) of this section.

The term of a grant under subsection (b) of this section may not exceed 3 years.

In carrying out this section, the Secretary may provide technical assistance regarding community food projects, processes, and development to an entity seeking the assistance.

The Secretary may provide for the sharing of information concerning community food projects and issues among and between government, private for-profit and nonprofit groups, and the public through publications, conferences, and other appropriate forums.

The Secretary may share information concerning community food projects with researchers, practitioners, and other interested parties.

In this subsection, the term “eligible entity” means—

(A) a nonprofit organization;

(B) a cooperative;

(C) a commercial entity;

(D) an agricultural producer;

(E) an academic institution;

(F) an individual; and

(G) such other entities as the Secretary may designate.

The Secretary shall offer to provide a grant to a nonprofit organization to establish and support a healthy urban food enterprise development center to carry out the purpose described in paragraph (3).

The purpose of the Center is to increase access to healthy affordable foods, including locally produced agricultural products, to underserved communities.

The Center shall collect, develop, and provide technical assistance and information to small and medium-sized agricultural producers, food wholesalers and retailers, schools, and other individuals and entities regarding best practices and the availability of assistance for aggregating, storing, processing, and marketing locally produced agricultural products and increasing the availability of such products in underserved communities.

The Center may provide subgrants to eligible entities—

(i) to carry out feasibility studies to establish businesses for the purpose described in paragraph (3); and

(ii) to establish and otherwise assist enterprises that process, distribute, aggregate, store, and market healthy affordable foods.

In providing technical assistance and grants under paragraph (4), the Center shall give priority to applications that include projects—

(A) to benefit underserved communities; and

(B) to develop market opportunities for small and mid-sized farm and ranch operations.

For each fiscal year for which the nonprofit organization described in paragraph (2) receives funds, the organization shall submit to the Secretary a report describing the activities carried out in the preceding fiscal year, including—

(A) a description of technical assistance provided by the Center;

(B) the total number and a description of the subgrants provided under paragraph (4)(B);

(C) a complete listing of cases in which the activities of the Center have resulted in increased access to healthy, affordable foods, such as fresh fruit and vegetables, particularly for school-aged children and individuals in low-income communities; and

(D) a determination of whether the activities identified in subparagraph (C) are sustained during the years following the initial provision of technical assistance and subgrants under this section.

The Secretary shall use a competitive process to award funds to establish the Center.

Not more than 10 percent of the total amount allocated for this subsection in a given fiscal year may be used for administrative expenses.

Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this subsection $1,000,000 for each of fiscal years 2009 through 2011.

There is authorized to be appropriated $2,000,000 to carry out this subsection for fiscal year 2012.

The Secretary shall offer to enter into a contract with, or make a grant to, 1 nongovernmental organization that meets the requirements of paragraph (2) to coordinate with Federal agencies, States, political subdivisions, and nongovernmental organizations (collectively referred to in this subsection as “targeted entities”) to gather information, and recommend to the targeted entities, innovative programs for addressing common community problems, including—

(A) loss of farms and ranches;

(B) rural poverty;

(C) welfare dependency;

(D) hunger;

(E) the need for job training; and

(F) the need for self-sufficiency by individuals and communities.

The nongovernmental organization referred to in paragraph (1) shall—

(A) be selected by the Secretary on a competitive basis;

(B) be experienced in working with other targeted entities and in organizing workshops that demonstrate programs to other targeted entities;

(C) be experienced in identifying programs that effectively address community problems described in paragraph (1) that can be implemented by other targeted entities;

(D) be experienced in, and capable of, receiving information from and communicating with other targeted entities throughout the United States;

(E) be experienced in operating a national information clearinghouse that addresses 1 or more of the community problems described in paragraph (1); and

(F) as a condition of entering into the contract or receiving the grant referred to in paragraph (1), agree—

(i) to contribute in-kind resources toward implementation of the contract or grant;

(ii) to provide to other targeted entities information and guidance on the innovative programs referred to in paragraph (1); and

(iii) to operate a national information clearinghouse on innovative means for addressing community problems described in paragraph (1) that—

(I) is easily usable by—

(aa) Federal, State, and local government agencies;

(bb) local community leaders;

(cc) nongovernmental organizations; and

(dd) the public; and

(II) includes information on approved community food projects.

The Secretary shall establish auditing procedures and otherwise ensure the effective use of funds made available to carry out this subsection.

Not later than 90 days after May 13, 2002, and on October 1 of each fiscal year thereafter, the Secretary shall allocate to carry out this subsection $200,000 of the funds made available under subsection (b) of this section, to remain available until expended.

(Pub. L. 88–525, §25, as added Pub. L. 104–127, title IV, §401(h), Apr. 4, 1996, 110 Stat. 1027; amended Pub. L. 107–171, title IV, §4125(a), May 13, 2002, 116 Stat. 326; Pub. L. 110–234, title IV, §§4402, 4406(a)(7), May 22, 2008, 122 Stat. 1135, 1141; Pub. L. 110–246, §4(a), title IV, §§4402, 4406(a)(7), June 18, 2008, 122 Stat. 1664, 1896, 1902; Pub. L. 110–380, §1(a), Oct. 8, 2008, 122 Stat. 4080.)

Section 4406(a)(7) of Pub. L. 110–246 directed amendment of section 25 of the “Food and Nutrition Act of 2008” which is classified to this section. Pub. L. 110–380, which directed amendment of section 4406(a)(7) of the “Food, Conservation, and Energy Act of 2008 (Public Law 110–234; 122 Stat. 2902)” by striking “Food and Nutrition Act of 2008” and inserting “Food Stamp Act of 1977” was treated as intending to amend section 4406(a)(7) of Pub. L. 110–246 which was identical to section 4406(a)(7) of Pub. L. 110–234. However, since the amendment by Pub. L. 110–380 was effective Oct. 8, 2008, and the amendment by section 4406(a)(7) of Pub. L. 110–246 was effective Oct. 1, 2008, Pub. L. 110–380 had no effect on the execution of the amendment by section 4406(a)(7) of Pub. L. 110–246 to this section.

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

2008—Subsec. (a). Pub. L. 110–246, §4402(1), added subsec. (a) and struck out former subsec. (a) which defined “community food project”.

Subsec. (b)(2)(B). Pub. L. 110–246, §4406(a)(7)(A), as amended by Pub. L. 110–380, substituted “for fiscal year 2008 and each fiscal year thereafter” for “for each of fiscal years 1997 through 2007”. See Codification note above.

Subsecs. (h), (i). Pub. L. 110–246, §4402(2), (3), added subsec. (h) and redesignated former subsec. (h) as (i).

Subsec. (i)(4). Pub. L. 110–246, §4406(a)(7)(B), as amended by Pub. L. 110–380, substituted “each fiscal year thereafter” for “each of fiscal years 2003 through 2007”. See Codification note above.

2002—Subsec. (a). Pub. L. 107–171, §4125(a)(1), designated pars. (1) to (3) as subpars. (A) to (C) of par. (1), respectively, and added par. (2).

Subsec. (b)(2)(B). Pub. L. 107–171, §4125(a)(2), substituted “$5,000,000” for “$2,500,000” and “2007” for “2002”.

Subsec. (d)(4). Pub. L. 107–171, §4125(a)(3), added par. (4) and struck out former par. (4) which read as follows: “encourage long-term planning activities and multi-system, interagency approaches.”

Subsec. (h). Pub. L. 107–171, §4125(a)(4), added subsec. (h) and struck out heading and text of former subsec. (h). Text read as follows:

“(1) In general.—The Secretary shall provide for the evaluation of the success of community food projects supported using funds under this section.

“(2) Report.—Not later than January 30, 2002, the Secretary shall submit a report to Congress regarding the results of the evaluation.”

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

Amendment by sections 4402 and 4406(a)(7) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.

Pub. L. 107–171, title IV, §4125(b), May 13, 2002, 116 Stat. 327, provided that: “The amendments made by this section [amending this section] take effect on the date of enactment of this Act [May 13, 2002].”