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der Part 250 of this chapter; and (3) tice in writing. Provisions for terminameeting expenses of local distribution tion upon written notice shall be included functions which are performed by the in the agreements. State for participating Units for reasons (d) State agencies and Units now unof economy or effectiveness.

der agreement. Notwithstanding any

other provision of this part, State agen8 251.5 Agreements.

cies and Units, which prior to the effec(a) With the Department. The De- tive date of this part have executed an partment shall enter into a written

Agreement for Financing Distribution of agreement with each State agency cov

Donated Commodities during the Federing its responsibility for the admin

eral fiscal year 1968, may continue to istration of the Program in participating operate under such Agreement until it Units or its responsibility for participa

is expressly terminated according to the tion in the Program as a recipient of fi- terms thereof or until the end of the nancial assistance, or both. No agree- Federal fiscal year 1968, whichever is ment for participation of a State agency earlier. Such State agencies and Units in the Program will be executed until a

shall be eligible to enter into new agreeProgram Plan, when required by C&MS,

ments under this part upon the terminahas been approved. The Department shall

tion of the existing agreements without also enter into written agreement with obtaining further designation or apeach Unit whose Program Plan has been

proval under section 251.4. approved by C&MS where C&MS administers the Program. The agreements eri

§ 251.6 Program Plan. tered into under this paragraph shall Each Unit, and each State agency incorporate by reference or otherwise desiring financial assistance under this the provisions set forth in this part, and part shall formulate and set forth on shall include such other provisions as Form CFP 109 a Program Plan consistmay be required by law or may be de- ing of three parts: termined to be appropriate for the con- (a) Part 1: General information of a duct of the Program within the State. nature which will enable C&MS to When requested by C&MS, State agencies evaluate applicant's eligibilty for particiand Units shall present evidence of their pation, including a statement of apauthority to enter into such agreements. plicant's need for financial assistance

(b) Between State agencies and Units. and a justification of the level of Each State agency shall enter into writ- assistance requested from C&MS. ten agreements with Units whose Pro- (b) Part 2: A plan of operation setgram Plans it has approved. Such agree- ting forth the procedures and methods ments shall contain such terms and con- to be used in certifying households as in ditions as will insure that (1) the funds need of food assistance and in making provided by C&MS are used in accord- distribution of commodities to them, and ance with this part, (2) Units account including the requirements set forth in to the State agency for all funds paid to paragraph 250.6(e) of Part 250 of this them, (3) Units return any unobligated chapter which are relevant to the Profunds upon termination of participation gram under this part. in the Program, and (4) participation in (c) Part 3: A budget showing the the Program may be terminated immedi- items of expense and the amount of exately for failure to comply with provi- penses to be incurred, the contribution sions of the Program or on 30 days writ- to be made by the State agency or the ten notice by either party to the agree- Unit, or both, or from any source within ment. Such agreements shall contain the State, in cash or in kind, to the prosuch additional terms and conditions as posed budget, and the maximum amount required by the State agency's agreement of expenditures in connection therewith with the Department and may contain for which C&MS is requested to make such terms and conditions, not inconsis- payment. tent with this part, as the State agency deems desirable to carry out the Program.

§ 251.7 Submission of Program Plans. (c) Term of agreements. Agreements (a) By State agency. Each eligible entered into under this part shall not ex- State agency desiring financial assistance tend financial assistance beyond the Fed- shall submit its proposed Program Plan eral fiscal year in which executed but the to C&MS for approval. A State agency's Department may renew agreements for Program Plan may be amended or a new each fiscal year thereafter by giving no- Program Plan adopted with the written

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approval of C&MS. A Program Plan shall (d) Unused funds. State agencies shall be amended or a new Program Plan require each Unit to return to them for adopted at the direction of C&MS.

transmittal to C&MS any Federal funds (b) By Units. Each eligible Unit shall paid to such Unit under the Program submit to the State agency, or to C&MS which are unobligated upon termination where C&MS administers the Program, of the Program in the Unit. State agenits proposed Program Plan. The State cies, and Units where C&MS administers agency shall submit the Unit Program the Program, shall return to C&MS any Plans approved by it to C&MS for ap- Federal funds paid to them under the proval. A Unit Program Plan may be Program which are unobligated at the amended or a new plan adopted with the termination of the Program in the State written approval of C&MS where C&MS or Unit. Such return shall be made as administers the Program, or with the soon as practicable but in any event no written approval of both the State later than 30 days following demand agency and C&MS. A Unit Program Plan made by C&MS. State agencies, and Units shall be amended or a new Program Plan where C&MS administers the Program, adopted at the direction of C&MS. shall also pay C&MS any interest paid or $ 251.8 Payments.

credited on Federal funds paid to them

under the Program. (a) Maximum obligation. The maxi

[32 F.R. 15948, Nov. 21, 1967, as amended by mum amount which C&MS shall be obli- Amdt. 1, 34 F.R. 11181, July 3, 1969) gated to pay to any State or Unit is the

$ 251.9 Records and audits. smaller of (1) its approved budgeted expenses or (2) the expenses actually in- State agencies and Units shall (a) curred by it in connection with approved maintain, and retain for 3 years from budgeted items.

the close of the Federal fiscal year to (b) To State agencies. C&MS shall, on which they pertain, complete and accua monthly basis, advance funds to each rate records of all amounts received from State agency for its use and for payment C&MS and of all amounts disbursed unto participating units in an amount equal der the Program, and (b) permit repreto the sum of the approved monthly ex- sentatives of the Department and of the penses to be incurred by the State agency General Accounting Of of the United and units, as set forth in the respective States to inspect, audit, and copy such approved budgets. If the amount ad- records at any reasonable time. Each vanced to the State agency by C&MS participating Unit shall furnish to the for use in any month exceeds the ex- State agency, or to C&MS where C&MS penses actually incurred in connection administers the Program, on Form CFP with approved budgeted items for such 110, a certified record of the monthly month, the amount to be advanced by expenses incurred by such Unit under C&MS to the State Agency for a subse- its approved Program Plan. Each State quent month shall be reduced by the agency shall submit to C&MS, each amount of such excess.

month, on a form approved by C&MS, a (c) To Units. State agencies, and certified record of all disbursements C&MS where C&MS administers the Pro- made under the Program for the precedgram, shall, on a monthly basis, (1) pay ing month and of the balance of funds to each participating Unit an amount

on hand, and unobligated, at the end of equal to the distribution expenses ac

such preceding month. tually incurred by it in connection with

[32 F.R. 15948, Nov. 21, 1967, as amended by approved budgeted items, or (2) advance

Amdt. 1, 34 F.R. 11181, July 3, 1969] funds to each participating Unit in an amount equal to its approved budgeted

$ 251.10 Miscellaneous provisions. monthly distribution expenses, if need (a) Defaults. Any State agency or any for an advance is shown in the Program

Unit may be disqualified from future parPlan. If the amount advanced by C&MS

ticipation in the Program if it fails to or by the State agency to a participating Unit for any month exceeds the expenses

comply with the provisions of this part actually incurred in connection with

and of its agreement with the Departthe approved budgeted items, the amount

ment or the State agency. If any part to be advanced by C&MS or by the State

of the money received by a State agency agency to the participating Unit for a or by a Unit where C&MS administers the subsequent month shall be reduced by Program, by any improper or negligent the amount of such excess.

action is diminished, lost, misapplied, or

diverted from the Program by the State agency or by the Unit, repayment shall be made to C&MS promptly upon demand. If any part of the money received by a Unit where a State agency administers the Program, by any improper or negligent action is diminished, lost, misapplied or diverted from the Program by the Unit, the State agency shall promptly take action to obtain restitution and shall pay to C&MS all money recovered. Until the money is repaid, no subsequent payment under the Program shall be made to the State agency or the Unit. The State agency or the Unit shall have full opportunity to submit evidence, explanation, or information concerning instances of diversion of funds before a inal determination is made in such cases. Disqualification from participation or repayment of a claim does not preclude

the possibility of other action being taken through other means available where necessary, including prosecution for fraud under applicable Federal statutes. No provision of this part shall be construed as making the State agency liable in any respect for any default of any Unit if there exists no fault or negligence on the part of the State agency.

(b) Amendments. Any and all provisions of this part may be withdrawn or amended at any time by the Department, but no withdrawal or amendment shall be made without 30 days' prior written notice to State agencies, or to Units where C&MS administers the Program.

NOTE: The reporting and/or recordkeeping requirements contained herein have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942.



Part 301 302 318 319 320 321 322 330 351 352 353 354 362

Domestic quarantine notices.
District of Columbia; movement of plants and plant products.
Hawaiian and Territorial quarantine notices.
Foreign quarantine notices.
Mexican border regulations.
Restricted entry orders.
Importation of adult honeybees into the United States.
Federal plant pest regulations.
Importation of plants or plant products by mail.
Plant quarantine safeguard regulations.
Phytosanitary export certification.
Overtime services relating to imports and exports.
Regulations for the enforcement of the Federal Insecticide, Fungicide, and

Rodenticide Act.
Certification of usefulness of pesticide chemicals.
Rules governing the appointment, compensation, and proceedings of an

advisory Committee; and rules of practice governing hearings under the

Federal Insecticide, Fungicide, and Rodenticide Act.
Public Information.
Conduct on National Arboretum property.

363 364

370 371


Subpart-Black Stem Rust


Quarantine; restriction on inter

state movement of specified

regulated articles. 301.38-1 Definitions. 301.38-2 Authorization for Director to list

eradication areas. 301.38-22 Eradication areas. 301.38-3

Conditions governing the inter

state movement of regulated
articles from quarantined

301.38-4 Issuance and cancellation of cer-

tificates and permits.

301.38-5 Compliance agreements; and can-

cellation thereof.
301.38-6 Assembly and inspection of reg-

ulated articles. 301.38–7 Attachment and disposition of

certificates or permits. 301.38-8 Inspection and disposal of reg

ulated articles and pests. 301.38-9 Movement of black stem rust

spores. 301.38–10 Nonliability of the Department. Subpart-Gypsy Moth and Brown-Tail Moth

QUARANTINE AND REGULATIONS 301.45 Quarantine; restriction on inter

state movement of specified

regulated articles. 301.45-1 Definitions.

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