[Code of Federal Regulations]

[Title 7, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 7CFR253.2]



[Page 516]

 

                          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. 253.2  Definitions.



    (a) Exercises governmental jurisdiction means the active exercise of 

the legislative, executive or judicial powers of government by an Indian 

tribal organization.

    (b) Food distribution program means a food distribution program for 

households on Indian reservations operated pursuant to sections 4(b) and 

1304(a) of Pub. L. 95-113.

    (c) Indian tribal household means a household in which at least one 

household member is recognized as a tribal member by any Indian tribe, 

as defined in paragraph (d) of this section.

    (d) Indian tribe means (1) any Indian tribe, Band, or other 

organized Indian group, for example, a Rancheria, Pueblo, or colony, and 

including any Alaska Native village or regional or village corporation 

(established pursuant to the Alaska Native Claims Settlement Act (85 

Stat. 688)), and that is on a reservation and recognized as eligible for 

Federal programs and services provided to Indians because of their 

status as Indians; or (2) any Indian tribe or Band on a reservation 

holding a treaty with a State government.

    (e) Indian tribal organization (ITO) means: (1) The recognized 

governing body of any Indian tribe on a reservation; or (2) the tribally 

recognized intertribal organization which the recognized governing 

bodies of two or more Indian tribes on a reservation authorize to 

operate the Food Stamp Program or a Food Distribution Program on their 

behalf.

    (f) Overissuance means the dollar value of commodities issued to a 

household that exceeds the dollar value of commodities it was eligible 

to receive.

    (g) Reservation means the geographically defined area or areas over 

which an ITO exercises governmental jurisdiction so long as such area or 

areas are legally recognized by the Federal or a State government as 

being set aside for the use of Indians.

    (h) State means any one of the fifty States, the District of 

Columbia, and the reservation of an Indian tribe whose ITO meets the 

requirements of the Food Stamp Act of 1977 for participation as a State 

agency.

    (i) State agency means:

    (1) The agency of State government, including the local offices 

thereof, which enters into an agreement with FNS for the distribution of 

commodities on all or part of an Indian reservation, and

    (2) The ITO of any Indian tribe, determined by the Department to be 

capable of effectively administering a Food Distribution Program, which 

enters into an agreement with FNS for the distribution of commodities on 

all or part of an Indian reservation.

    (j) Urban place means a town or city with a population of 10,000 or 

more.



[44 FR 35928, June 19, 1979. Redesignated and amended by Amdt. 1, 47 FR 

14137, Apr. 2, 1982; 59 FR 1449, Jan. 11, 1994; 64 FR 73382, Dec. 30, 

1999]