The purpose of this section is to increase the quantity and quality of locally grown food through small-scale gardening, herding, and livestock operations in food insecure communities in areas of the United States that have significant levels of food insecurity and import a significant quantity of food.
In this section:
(1) Eligible entity
The term "eligible entity" means an entity that—
(i) an individual;
(ii) an Indian tribe or tribal organization, as defined in section 5304 of title 25;
(iii) a nonprofit organization engaged in increasing food security, as determined by the Secretary, including—
(I) a religious organization;
(II) a food bank; or
(III) a food pantry;
(iv) a federally funded educational facility, including—
(I) a Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.);
(II) a public elementary school or public secondary school;
(III) a public institution of higher education (as defined in section 1001 of title 20);
(IV) a Tribal College or University (as defined in section 1059c(b) of title 20); or
(V) a job training program; or
(v) a local or Tribal government that may not levy local taxes under State or Federal law; and
(B) is located in an eligible State.
(2) Eligible State
The term "eligible State" means—
(A) the State of Alaska;
(B) the State of Hawaii;
(C) American Samoa;
(D) the Commonwealth of the Northern Mariana Islands;
(E) the Commonwealth of Puerto Rico;
(F) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau; and
(J) the United States Virgin Islands.
The Secretary shall distribute funds to the agricultural department or agency of each eligible State for the competitive distribution of subgrants to eligible entities to increase the quantity and quality of locally grown food in food insecure communities, including through small-scale gardening, herding, and livestock operations.
(d) Distribution of funds (1) In general
Of the amount made available under subsection (g), the Secretary shall distribute—
(A) 40 percent to the State of Alaska;
(B) 40 percent to the State of Hawaii; and
(C) 2.5 percent to each eligible State described in any of subparagraphs (C) through (J) of subsection (b)(2).
(2) Carryover of funds
Funds distributed under paragraph (1) shall remain available until expended.
(3) Administrative funds
An eligible State that receives funds under paragraph (1) may use not more than 3 percent of those funds—
(A) to administer the competition for providing subgrants to eligible entities in that eligible State;
(B) to provide oversight of the subgrant recipients in that eligible State; and
(C) to collect data and submit a report to the Secretary under subsection (f)(2).
(e) Subgrants to eligible entities (1) Amount of subgrants (A) In general
The amount of a subgrant to an eligible entity under this section shall be—
(i) in the case of an eligible entity that is an individual, not greater than $5,000 per year; and
(ii) in the case of an eligible entity described in any of clauses (ii) through (v) of subsection (b)(1)(A), not greater than $10,000 per year.
(B) Matching requirement
As a condition of receiving a subgrant under this section, an eligible entity shall provide funds equal to 10 percent of the amount received by the eligible entity under the subgrant, to be derived from non-Federal sources. A State may waive the matching requirement for an individual who otherwise meets the requirements to receive a subgrant by the eligible State.
(C) Project period
Funds received by an eligible entity that is awarded a subgrant under this section shall remain available for expenditure not later than 3 years after the date the funds are received.
In carrying out the competitive distribution of subgrants under subsection (c), an eligible State may give priority to an eligible entity that—
(A) has not previously received a subgrant under this section; or
(B) is located in a community or region in that eligible State with the highest degree of food insecurity, as determined by the agricultural department or agency of the eligible State.
An eligible State may provide subgrants to 2 or more eligible entities to carry out the same project.
(4) Use of subgrant funds by eligible entities
An eligible entity that receives a subgrant under this section shall use the funds to engage in activities that will increase the quantity and quality of locally grown food for food insecure individuals, families, neighborhoods, and communities, including by—
(A) purchasing gardening tools or equipment, soil, soil amendments, seeds, plants, animals, canning equipment, refrigeration, or other items necessary to grow and store food;
(B) purchasing or building composting units;
(C) purchasing or building towers designed to grow leafy green vegetables;
(D) expanding an area under cultivation or engaging in other activities necessary to be eligible to receive funding under the environmental quality incentives program established under chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) for a high tunnel;
(E) engaging in an activity that extends the growing season;
(F) starting or expanding hydroponic and aeroponic farming of any scale;
(G) building, buying, erecting, or repairing fencing for livestock, poultry, or reindeer;
(H) purchasing and equipping a slaughter and processing facility approved by the Secretary;
(I) traveling to participate in agricultural education provided by—
(i) a State cooperative extension service;
(ii) a land-grant college or university (as defined in section 3103 of this title);
(iii) a Tribal College or University (as defined in section 1059c(b) of title 20);
(iv) an Alaska Native-serving institution or a Native Hawaiian-serving institution (as such terms are defined in section 1059d(b) of title 20); or
(v) a Federal or State agency;
(J) paying for shipping of purchased items relating to growing or raising food for local consumption or purchase;
(K) creating or expanding avenues for—
(i) the sale of food commodities, specialty crops, and meats that are grown by the eligible entity for sale in the local community; or
(ii) increasing the availability of fresh, locally grown, and nutritious food; and
(L) engaging in other activities relating to increasing food security (including subsistence), as determined by the Secretary.
(5) Eligibility for other financial assistance
An eligible entity shall not be ineligible to receive financial assistance under another program administered by the Secretary as a result of receiving a subgrant under this section.
(f) Reporting requirement (1) Subgrant recipients
As a condition of receiving a subgrant under this section, an eligible entity shall agree to submit to the eligible State in which the eligible entity is located a report—
(A) not later than 60 days after the end of the project funded by the subgrant; and
(B) that describes the use of the subgrants by eligible entities, the quantity of food grown through small-scale gardening, herding, and livestock operations, and the number of food insecure individuals fed as a result of the subgrant.
(2) Report to the Secretary
Not later than 120 days after the date on which an eligible State receives a report from each eligible entity in that State under paragraph (1), the eligible State shall submit to the Secretary a report that describes, in the aggregate, the information and data contained in the reports received from those eligible entities.
(g) Funding (1) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section $10,000,000 for fiscal year 2019 and each fiscal year thereafter, to remain available until expended.
(2) Appropriations in advance
Only funds appropriated under paragraph (1) in advance specifically to carry out this section shall be available to carry out this section.
REFERENCES IN TEXT The Head Start Act, referred to in subsec. (b)(1)(A)(iv)(I), is subchapter B (§635 et seq.) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 499, which is classified generally to subchapter II (§9831 et seq.) of chapter 105 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9801 of Title 42 and Tables. The Food Security Act of 1985, referred to in subsec. (e)(4)(D), is Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1354. Chapter 4 of subtitle D of title XII of the Act is classified generally to part IV (§3839aa et seq.) of subchapter IV of chapter 58 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of this title and Tables.CODIFICATION Section was enacted as part of the Agriculture Improvement Act of 2018, and not as part of the Emergency Food Assistance Act of 1983 which comprises this chapter.DEFINITION OF "SECRETARY" "Secretary" as meaning the Secretary of Agriculture, see section 2 of Pub. L. 115–334, set out as a note under section 9001 of this title.
7 U.S.C. § 7518 (2018)