[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR272.7]

[Page 580-582]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 272--REQUIREMENTS FOR PARTICIPATING STATE AGENCIES--Table of Contents
 
Sec. 272.7  Procedures for program administration in Alaska.

    (a) Purpose. To achieve the efficient and effective administration 
of the Food Stamp Program in rural areas of Alaska, FNS has determined 
that it is necessary to develop additional regulations which are 
specifically designed to accommodate the unique demographic and climatic 
characteristics which exist in these rural areas. The regulations 
established in this section, except for paragraph (f) of this section, 
shall apply only in those areas of Alaska designated as ``rural'' in 
paragraph (b) of this section. All regulations not specifically modified 
by this section shall remain in effect.
    (b) Area Designations. (1) Rural I Alaska TFP refers to a Thrifty 
Food Plan (TFP) that is the higher of the TFP that was in effect in each 
area on October 1, 1985, or 28.52 percent higher than the Anchorage TFP, 
as calculated by FNS, with rounding and other reductions that are 
appropriate. It is to be used in the following areas: In all places in 
Kodiak Island Borough with the exception of Kodiak; in all places in the 
Kenai Peninsula Borough that are west of Cook Inlet (including Tyonek, 
Kustatan, Kalgin Island, Iliamna, Chenik, and Augustine Island) and 
Chugach Island, English Bay, Port Graham, Portlock, Pt. Gore, Pye 
Island, and Seldovia. In the Yukon-Koyukuk Census Area, the city of 
Nenana; and Skwentna in the Matanuska-Susitna Borough. In the Valdez-
Cordova Census Area, all places except Dayville and Valdez; and in the 
Southeast Fairbanks Census Area all places except Big Delta, Delta 
Junction, and Fort Greely. In the Skagway-Yakutat-Angoon Census Area, 
all places except Skagway; in Sitka Borough all places except Sitka; in 
the Wrangell-Petersburg Census Area, all places except Wrangell and 
Petersburg; in the Ketchikan Gateway Borough, all places except 
Ketchikan, Saxman, and Ward Cove; in the Prince of Wales-Outer Ketchikan 
Census Area, all places except Craig, Hyder, and Metlakatla.
    (2) Rural II Alaska TFP refers to a TFP that is 56.42 percent higher 
than the Anchorage TFP, as calculated by FNS, with rounding and other 
reductions that are appropriate. It is to be used in the following 
areas: North Slope Borough; Kobuk Census Area; Nome Census Area; Yukon-
Koyukuk Census Area except for the city of Nenana; Wade Hampton Census 
Area; Bethel Census Area; Denali in the Matanuska-Susitna Borough; 
Dillingham-Bristol Bay Borough; and in all places in the Aleutian 
Islands except for Cold Bay and Adak.
    (3) Urban Alaska TFP refers to a TFP that is the higher of the TFP 
that was in effect in each area on October 1, 1985, or .79 percent 
higher than the Anchorage TFP, as calculated by FNS, with rounding and 
other reductions that are appropriate. It is to be used in the following 
areas: Cold Bay and Adak in the Aleutian Islands; Kodiak in Kodiak 
Island Borough; Valdez and Dayville in the Valdez-Cordova Census Area; 
all places in Kenai Peninsula Borough that are on the Kenai Peninsula 
except for those specifically designated as Rural I; the entire 
Anchorage Borough; the entire Matanuska-Susitna Borough except for 
Denali and Skwentna; the entire Fairbanks-North Star Borough; the entire 
Juneau Borough; the entire Haines Borough; Sitka in the Sitka Borough; 
Skagway in the Skagway-Yakutat-Angoon Census Area; Wrangell and 
Petersburg in the Wrangell-Petersburg Census Area; Ketchikan, Saxman, 
and Ward Cove in the Ketchikan-Gateway Borough; Craig, Hyder, and 
Metlakatla in the

[[Page 581]]

Prince of Wales-Outer Ketchikan Census Area; and Big Delta, Delta 
Junction, and Fort Greely in the Southeast-Fairbanks Census Area.
    (4) The State agency may, in consultation with FNS, change the 
designation of any Alaska subdivision contained in the Plan of Operation 
to reflect changes in demographics or the cost of food within the 
subdivision.
    (c) Fee agents. ``Fee agent'' means a paid agent who, on behalf of 
the State, is authorized to make applications available to low-income 
households, assist in the completion of applications, conduct required 
interviews, secure required verification, forward completed applications 
and supporting documentation to the State agency, and provide other 
services as required by the State agency. Such services shall not 
include making final decisions on household eligibility or benefit 
levels.
    (d) Application processing. The State agency may modify the 
application processing requirements in Sec. 273.2 of this chapter as 
necessary to insure prompt delivery of services to eligible households. 
The following restrictions apply:
    (1) Fee agent processing. If the signed application is first 
submitted by a household to a fee agent, the fee agent shall mail the 
application to the State agency within 5 days of receipt. The fee agent 
shall give the household the maximum amount of time to provide needed 
verification as long as the five-day processing period is met.
    (2) Application filing date. An application is considered filed for 
purposes of timely processing when it is received by an office of the 
State agency.
    (3) Application processing timeframes. Eligible households must be 
provided an opportunity to participate as soon as possible but no later 
than 30 days after the application is received by an office of the State 
agency.
    (4) Expedited service. (i) If the signed application is first 
submitted by a household to a fee agent, the fee agent shall mail the 
application to the State agency within 5 days of receipt. If the 
household is eligible for expedited service, the State agency will mail 
the coupons no later than the close of business of the second working 
day following the date the application was received by the State agency.
    (ii) If the signed application is submitted directly to the State 
agency in person by a rural resident or its authorized representative or 
by mail, the State agency shall process the application and issue 
coupons to households eligible for expedited service in accordance with 
the time standards contained in Sec. 273.2(i)(3) of this chapter.
    (iii) If an incomplete application is submitted directly to the 
State agency by mail, the State agency shall conduct the interview by 
the first working day following the date the application was received if 
the fee agent can contact the household or the household can be reached 
by telephone or radio-phone and does not object to this method of 
interviewing on grounds of privacy. Based on information obtained during 
the interview, the State agency shall complete the application and 
process the case. Because of the mailing time in rural areas, the State 
agency shall not return the completed application to the household for 
signature. The processing standard shall be calculated from the date the 
application was filed.
    (5) SSI Joint Processing. SSA workers shall mail all jointly 
processed applications to the appropriate State agency office within 5 
days of receipt of the application. A jointly processed application 
shall be considered filed for purposes of timely processing when it is 
received by an office of the State agency. The household, if determined 
eligible, shall receive benefits retroactive to the first day of the 
month in which the jointly processed application was received by the SSA 
worker.
    (6) Interviews. The State agency shall interview applicant 
households in the most efficient manner possible, either by face-to-face 
contact, telephone, radiophone, or other means of correspondence 
including written correspondence. In instances in which an interview 
cannot be conducted, the State agency may postpone the interview until 
after the household is certified.
    (e) Determining household eligibility and benefit level. If a 
household submits its application to a fee agent, it shall, if eligible, 
receive benefits retroactive

[[Page 582]]

to the date the application is received by the fee agent. If a household 
submits its application directly to a State agency office, it shall, if 
determined eligible, receive benefits retroactive to the date the 
application is received by the State agency.
    (f) Vehicles. In areas of the State where there are no licensing 
requirements, snowmobiles and boats used by the household for basic 
transportation shall be evaluated in accordance with Sec. 273.8(h) of 
this chapter even though they are unlicensed. Vehicles necessary for 
subsistence hunting and fishing shall not be counted as a household 
resource.
    (g) Reporting changes. The State agency shall allow the household to 
choose to report changes either directly to the State agency or to the 
fee agent. If the household reports the change to the fee agent, the fee 
agent will mail the change report to the State agency office within two 
working days of the date of receipt. The household's obligation to 
report the change will have been met if it submits the change to the fee 
agent within 10 days of the date the change becomes known to the 
household. However, for purposes of State agency action for increasing 
or decreasing benefits, the change will be considered to have been 
reported when it is received by a State agency office.
    (h) Fair hearings, fraud hearings, and agency conferences. The State 
agency shall conduct fair hearings, administrative fraud hearings, and 
agency conferences with households that wish to contest denial of 
expedited service in the most efficient manner possible, either by face-
to-face contact, telephone, radiophone, or other means of correspondence 
including written correspondence, in order to meet the respective time 
standards contained in Sec. 273.15 and Sec. 273.16 of this chapter.
    (i) Issuance services. With the approval of FNS, coupons may be 
mailed on a quarterly or semiannual basis to certain rural areas of 
Alaska when provisions are not available on a monthly basis. The 
decision to allow the distribution of coupons in this manner will be 
made on an annual basis. These areas shall be listed in the State's Plan 
of Operation. The State agency shall advise households that live in 
rural areas where quarterly or semiannual allotments are authorized. If, 
as the result of the issuance of quarterly or semiannual allotments, 
food coupons are overissued or underissued, the State agency shall 
process claim determinations and restore lost benefits.

[Amdt. 162, 45 FR 73003, Nov. 4, 1980, as amended by Amdt. 202, 46 FR 
44722, Sept. 4, 1981; Amdt. 215, 47 FR 20741, May 14, 1982. Redesignated 
and amended by Amdt. 211, 47 FR 53315, 53316, Nov. 26, 1982]

    Editorial Note: For other Federal Register citations affecting 
Sec. 272.7, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.