[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR281.2]

[Page 934-935]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 281_ADMINISTRATION OF THE FOOD STAMP PROGRAM ON INDIAN RESERVATIONS--Table of Contents
 
Sec.  281.2  Administration.

    (a) Qualification. (1) The appropriate ITO of an established Indian 
reservation will qualify for participation under the provisions of this 
part, when that ITO files an application which demonstrates the status 
of an area as an established reservation, unless FNS determines that 
such area(s) does not qualify as a reservation, as that term is defined 
in these regulations. For purposes of this part, established reservation 
means the geographically defined area(s) currently recognized and 
established by Federal or State treaty or by Federal statute whereby 
such geographically defined area(s) is set aside for the use of Indians. 
Where such established areas exist, the appropriate ITO is presumed to 
exercise governmental jurisdiction, unless otherwise determined by FNS:
    (2) The appropriate ITO for other areas, in order to qualify as 
reservations for the provisions of this part, must show to FNS:
    (i) That the ITO exercises governmental jurisdiction over a 
geographic area(s) which enjoys legal recognition from the Federal or a 
State government and is set aside for the use of Indians.
    (ii) A clear and precise description of the boundaries of such 
geographic area(s).
    (3) Otherwise qualified areas for which the responsible ITO has 
requested operation of the Food Distribution Program alone in accordance 
with Sec.  283.4, rather than concurrent operation with the Food Stamp 
Program, shall be exempt from the requirements of this part, and shall 
not be considered food stamp areas for any other purposes of this 
subchapter. Indian tribal households (households in which at least one 
adult member is recognized by the appropriate ITO as a tribal member) 
resident in these areas shall be ineligible for food stamp benefits. 
However, non-Indian tribal households resident in these areas may apply 
and be certified for food stamps at the State agency's certification 
office which would otherwise service the area. Otherwise qualified areas 
for which the responsible ITO has requested operation of the food 
distribution Program concurrently with the Food Stamp Program or areas 
within the reservation where FNS has determined that concurrent 
operation is necessary in accordance with Sec.  283.3(b)(2) shall be 
subject to all requirements of this part and subchapter.
    (b) State plan. In addition to the public comment requirements in 
Sec.  272.2, the State agency shall submit for comment its service 
plans, and all other portions of the State plan that directly pertains 
to the operation of the Program for residents on the reservation

[[Page 935]]

to the responsible ITO for reservations that qualify under paragraph (a) 
of this section. The ITO shall have 30 days to provide comments in 
writing to the State agency. The State agency shall, if appropriate and 
to the extent practicable, incorporate into its plans any suggestions 
made by the ITO. Additionally, the State agency shall administer the 
Food Stamp Program in a manner that is responsive to the needs of the 
Indians on the reservation, as determined by ongoing consultation with 
the ITO and by other means, regarding such areas of program operation as 
project area designation, operating procedures, locations and hours of 
certification and issuance, staffing and corrective action plans. The 
State agency shall maintain records of consultations on State plans and 
ongoing consultations held with ITO's for review by FNS. FNS shall study 
these records as part of reviews in accord with Sec.  281.3 and 
Management Evaluation Reviews of the State agency.
    (c) Project area designation. (1) An Indian reservation shall be 
designated as a separate project area or areas for the purpose of 
improving the accessibility of program services to Indians on the 
reservation unless:
    (i) The State agency demonstrates to FNS that the size or population 
of the reservation does not warrant such designation;
    (ii) The State agency demonstrates to FNS that the tribe can be 
adequately served by the existing or a planned project area because of 
the location of certification and issuance offices;
    (iii) The State agency demonstrates to FNS that such designation 
would reduce the availability of certification and issuance offices; or
    (iv) The State agency otherwise demonstrates to FNS that such 
designation would impair its Statewide administration of the Program.
    (2) In the case where the Indian reservation boundaries cross State 
lines, the ITO and the appropriate State agencies may jointly request 
FNS approval that a single State agency administer the Food Stamp 
Program on all or part of the Indian reservation. A single agency of the 
State government would have to administer the Program under the same 
terms and conditions applied to all other political subdivisions within 
its jurisdiction. An ITO designated as a State agency pursuant to Sec.  
281.4(d) would have to administer the Program under the same terms and 
conditions on all areas of the reservation.
    (d) Contracts with an Indian tribal organization. The State agency 
may contract program functions to an ITO. These functions include, but 
are not limited to, outreach, preparation of bilingual materials on 
issuance. The State agency may also use the ITO in prescreening, 
translations, interpretive services and other noncertification 
functions. The State agency shall not contract responsibility for 
certification activities such as interviews or eligibility 
determinations. In all cases, the State agency shall retain full 
responsibility for program administration.

[44 FR 35925, June 19, 1979, as amended by Amdt. 207, 47 FR 52338, Nov. 
19, 1982]