[Code of Federal Regulations]
[Title 7 Volume 4]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR253.3]

[Page 475-476]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 253--ADMINISTRATION OF THE FOOD DISTRIBUTION PROGRAM FOR HOUSEHOLDS ON INDIAN RESERVATIONS--Table of Contents
 
Sec. 253.3  Availability of commodities.

    (a) Conditions for distribution. In jurisdictions where the Food 
Stamp Program is in operation, there shall be no

[[Page 476]]

distribution of commodities to households under the authority of any 
law, except that distribution may be made (1) on a temporary basis under 
programs authorized by law to meet disaster relief needs, (2) for the 
purpose of the Commodity Supplemental Food Program, and (3) whenever a 
request for concurrent or separate Food Distribution Program on a 
reservation is made by an ITO.
    (b) Concurrent or separate food program operation. Distribution of 
commodities, with or without the Food Stamp Program, shall be made 
whenever an ITO submits to FNS a completed application for the Food 
Distribution Program on all or part of a reservation and the application 
is approved by FNS.
    (1) Except as provided in paragraph (b)(2) of this section, when the 
Food Distribution Program is operating on all or part of a reservation, 
all eligible households within those boundaries may participate in the 
Food Distribution Program, or, if the ITO has elected concurrent 
operation of the Food Stamp Program, may elect to participate in either 
program, without regard to whether the household is an Indian tribal 
household.
    (2) FNS may determine, based on the number of non-Indian tribal 
households located on all or part of a reservation, that concurrent 
operation is necessary. When such a determination has been made all 
households residing in such areas may apply to participate in either the 
Food Stamp or the Food Distribution Program.
    (c) Household distribution. Commodities acquired under section 416 
of the Agricultural Act of 1949, as amended; section 32 of Pub. L. 320, 
74th Congress, as amended; section 709 of the Food and Agricultural Act 
of 1963, as amended; and section 4(a) of the Agriculture and Consumer 
Protection Act of 1973, as amended, by section 1304 of the Food and 
Agriculture Act of 1977, may be made available under part 250 of this 
chapter for distribution to households in accordance with the provisions 
of that part and the additional provisions and requirements of this 
part.
    (d) Food distribution program benefits. Households eligible under 
this part shall receive a monthly food package based on the number of 
household members. The food package offered to each household shall 
consist of a quantity and variety of commodities made available by the 
Department to provide eligible households with an opportunity to obtain 
a more nutritious diet and shall represent an acceptable nutritional 
alternative to Food Stamp Program benefits. The food package offered to 
each household by the State agency shall contain a variety of foods from 
each of the food groups in the Food Distribution Program on Indian 
Reservations Monthly Distribution Guide Rates by Household Size--
Vegetables, Fruit, Bread-Cereal-Rice-Pasta, Meat-Poultry-Fish-Dry Beans-
Eggs-Nuts, Milk-Yogurt-Cheese, and Fats-Oils-Sweets. FNS shall 
periodically notify State agencies of the kinds of commodities it 
proposes to make available based, insofar as practicable, on the 
preferences of eligible households as determined by the State agency. In 
the event one or more of the proposed commodities cannot be delivered, 
the Department shall arrange for delivery of a similar commodity within 
the same food group.

[44 FR 35928, June 19, 1979. Redesignated by Amdt. 1, 47 FR 14137, Apr. 
2, 1982, as amended at 65 FR 47833, Aug. 4, 2000]