[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: 7CFR253.3]



[Page 516-517]

 

                          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 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,



[[Page 517]]



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]