[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: 7CFR254.4]



[Page 545-546]

 

                          TITLE 7--AGRICULTURE

 

    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE

 

PART 254_ADMINISTRATION OF THE FOOD DISTRIBUTION PROGRAM FOR INDIAN 

HOUSEHOLDS IN OKLAHOMA--Table of Contents

 

Sec. 254.4  Application by an ITO.



    (a) Application to FNS Regional Office. An ITO which desires to 

participate in the Food Distribution Program shall file an application 

with the FNS Regional Office. The application shall also provide other 

information requested by FNS, including but not limited to, the tribe's 

qualification as a reservation as described in Sec. 254.2, paragraph 

(f). Properly addressed applications shall be acknowledged by the FNS 

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

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

incomplete application is received.

    (b) Tribal capability. (1) In determining whether the ITO is 

potentially capable of effectively and efficiently administering a Food 

Distribution Program in an FNS Service area, 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 

experience, if any, in operating other government programs, as well as 

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



[[Page 546]]



    (vii) Conduct on-site reviews of certification and distribution 

procedures and practices.

    (2) FNS shall make a determination of potential ITO capability 

within 60 days of receipt of a completed application for the Food 

Distribution Program. FNS may, however, extend the period for 

determination of ITO capability if FNS finds that a given ITO's 

eligibility under Sec. 254.3 is difficult to establish.

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

the BIA.

    (c) Most capable tribe. In cases where two or more applicant 

tribe(s) have overlapping boundaries, FNS shall select the tribe most 

capable of administering a FDP within that service area.



(The information collection requirements contained in paragaph (a) were 

approved by the Office of Management and Budget under control number 

0584-0316)