[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: 7CFR254.4]

[Page 505]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 254--ADMINISTRATION OF THE FOOD DISTRIBUTION PROGRAM FOR INDIAN HOUSEHOLDS IN OKLAHOMA--Table of Contents
 
Sec. 254.4  Application by an ITO.

    (a) Application to FNS Regional Office. An ITO which desires to 
participate in the Food Distribution Program shall file an application 
with the FNS Regional Office. The application shall also provide other 
information requested by FNS, including but not limited to, the tribe's 
qualification as a reservation as described in Sec. 254.2, paragraph 
(f). Properly addressed applications shall be acknowledged by the FNS 
Regional Office in writing within five working days of receipt. FNS 
shall promptly advise ITOs of the need for additional information if an 
incomplete application is received.
    (b) Tribal capability. (1) In determining whether the ITO is 
potentially capable of effectively and efficiently administering a Food 
Distribution Program in an FNS Service area, allowing for fulfillment of 
that potential through training and technical assistance, FNS shall 
consult with other sources such as the BIA, and shall consider the ITO 
experience, if any, in operating other government programs, as well as 
its management and fiscal capabilities. Other factors for evaluation 
include, but are not limited to, the ITO's ability to:
    (i) Order and properly store commodities,
    (ii) Certify eligible households,
    (iii) Arrange for physical issuance of commodities,
    (iv) Keep appropriate records and submit required reports,
    (v) Budget and account for administrative funds,
    (vi) Determine the food preferences of households, and
    (vii) Conduct on-site reviews of certification and distribution 
procedures and practices.
    (2) FNS shall make a determination of potential ITO capability 
within 60 days of receipt of a completed application for the Food 
Distribution Program. FNS may, however, extend the period for 
determination of ITO capability if FNS finds that a given ITO's 
eligibility under Sec. 254.3 is difficult to establish.
    (3) FNS shall, if requested by an ITO which has been determined by 
FNS to be potentially capable of administering a Food Distribution 
Program, provide the ITO's designees with appropriate training and 
technical assistance to prepare the ITO to take over program 
administration. In determining what training and technical assistance 
are necessary, FNS shall consult with the ITO and other sources, such as 
the BIA.
    (c) Most capable tribe. In cases where two or more applicant 
tribe(s) have overlapping boundaries, FNS shall select the tribe most 
capable of administering a FDP within that service area.


(The information collection requirements contained in paragaph (a) were 
approved by the Office of Management and Budget under control number 
0584-0316)