[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: 7CFR253.4]



[Page 517-519]

 

                          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. 253.4  Administration.



    (a) Federal administration. Within the Department of Agriculture, 

the Food and Nutrition Service (FNS) shall be responsible for the Food 

Distribution Program. FNS shall have the power to determine the amount 

of any claim and to settle and adjust any claim.

    (b) State agency administration. (1) If FNS determines that the ITO 

is capable of effective and efficient administration, the ITO shall 

administer the Food Distribution Program on all or part of the 

reservation. If FNS determines that the ITO is not capable of effective 

and efficient administration of the Food Distribution Program, the 

appropriate agency of the State government shall be responsible for the 

Food Distribution Program on all or part of the Indian reservation. In 

addition, the appropriate agency of the State government may administer 

the Program on behalf of an otherwise capable tribe if agreed to in 

writing by both parties.

    (2) In the case where the Indian reservation boundaries cross State 

lines, the ITO and appropriate State agencies may jointly request FNS 

approval that a single State agency administer the Food Distribution 

Program on all or part of the Indian reservation.

    (3) An agency of State government responsible for administering the 

Food Distribution Program may contract Program functions to an ITO. 

These functions include, but are not limited to, outreach, preparation 

of bilingual materials, commodity issuance, determination of food 

preferences of households, publicizing uses of commodities, and 

transportation and on-site delivery services. 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 with an ITO that has been determined 

incapable of administering the Food Distribution Program. In all cases 

the State agency shall retain full responsibility for program 

administration.

    (c) Qualification as a reservation. (1) The appropriate ITO of an 

established Indian reservation will qualify for participation under the 

provisions of this



[[Page 518]]



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).

    (d) Application by an ITO. Any ITO which desires to participate in 

the Food Distribution Program shall file an application with the FNS 

Regional Office serving the State or States in which the reservation is 

located. The ITO shall specify if it is requesting the Food Distribution 

Program alone or concurrently with the Food Stamp Program. The ITO shall 

also specify whether it wants either or both programs on all or part of 

the reservation, and if on part, shall describe the geographic 

boundaries of the relevant part(s). Additionally, if the ITO wishes to 

serve areas near the reservation, the ITO shall describe the geographic 

boundaries of the near area(s) for FNS review and approval. Any urban 

place inside a reservation can be served by the Food Distribution 

Program. Any urban place outside reservation boundaries may not be 

served. However, an ITO or State agency can request the Department to 

change those limitations with justification. The ITO application shall 

also provide other information requested by FNS, including but not 

limited to, that the ITO serves an established reservation or a 

reservation otherwise qualified as described in paragraph (c) of this 

section. Properly addressed applications shall be acknowledged by the 

FNS Regional Office in writing within five working days of receipt.

    (e) Tribal capability. (1) In determining whether the ITO on a given 

reservation is potentially capable of effectively and efficiently 

administering a Food Distribution Program, 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's experience, if any, in operating other government programs and 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) The Food and Nutrition Service (FNS) shall make a determination 

of potential Indian Tribal Organization (ITO) capability within 30 days 

of receipt of a completed application for the Food Distribution Program. 

FNS shall promptly advise ITOs of the need for additional information if 

an incomplete application is received.

    (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



[[Page 519]]



necessary, FNS shall consult with the ITO and other sources, such as the 

BIA.



[44 FR 35928, June 19, 1979, as amended by Amdt. 163, 45 FR 14006, Mar. 

4, 1980. Redesignated and amended by Amdt. 1, 47 FR 14137, Apr. 2, 1982]