[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: 7CFR272.7]



[Page 613-616]

 

                          TITLE 7--AGRICULTURE

 

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

 

PART 272_REQUIREMENTS FOR PARTICIPATING STATE AGENCIES--Table of Contents

 

Sec. 272.7  Procedures for program administration in Alaska.



    (a) Purpose. To achieve the efficient and effective administration 

of the Food Stamp Program in rural areas of Alaska, FNS has determined 

that it is necessary to develop additional regulations which are 

specifically designed to accommodate the unique demographic and climatic 

characteristics which exist in these rural areas. The regulations 

established in this section, except for paragraph (f) of this section, 

shall apply only in those areas of Alaska designated as ``rural'' in 

paragraph (b) of this section. All regulations not specifically modified 

by this section shall remain in effect.

    (b) Area Designations. (1) Rural I Alaska TFP refers to a Thrifty 

Food Plan (TFP) that is the higher of the TFP that was in effect in each 

area on October 1, 1985, or 28.52 percent higher than the Anchorage TFP, 

as calculated by FNS, with rounding and other reductions that are 

appropriate. It is to be used in the following areas: In all places in 

Kodiak Island Borough with the exception of Kodiak; in all places in the 

Kenai Peninsula Borough that are west of Cook Inlet (including Tyonek, 

Kustatan, Kalgin Island, Iliamna, Chenik, and Augustine Island) and 

Chugach Island, English Bay, Port Graham, Portlock, Pt. Gore, Pye 

Island, and Seldovia. In the Yukon-Koyukuk Census Area, the city of 

Nenana; and Skwentna in the Matanuska-Susitna Borough. In the



[[Page 614]]



Valdez-Cordova Census Area, all places except Dayville and Valdez; and 

in the Southeast Fairbanks Census Area all places except Big Delta, 

Delta Junction, and Fort Greely. In the Skagway-Yakutat-Angoon Census 

Area, all places except Skagway; in Sitka Borough all places except 

Sitka; in the Wrangell-Petersburg Census Area, all places except 

Wrangell and Petersburg; in the Ketchikan Gateway Borough, all places 

except Ketchikan, Saxman, and Ward Cove; in the Prince of Wales-Outer 

Ketchikan Census Area, all places except Craig, Hyder, and Metlakatla.

    (2) Rural II Alaska TFP refers to a TFP that is 56.42 percent higher 

than the Anchorage TFP, as calculated by FNS, with rounding and other 

reductions that are appropriate. It is to be used in the following 

areas: North Slope Borough; Kobuk Census Area; Nome Census Area; Yukon-

Koyukuk Census Area except for the city of Nenana; Wade Hampton Census 

Area; Bethel Census Area; Denali in the Matanuska-Susitna Borough; 

Dillingham-Bristol Bay Borough; and in all places in the Aleutian 

Islands except for Cold Bay and Adak.

    (3) Urban Alaska TFP refers to a TFP that is the higher of the TFP 

that was in effect in each area on October 1, 1985, or .79 percent 

higher than the Anchorage TFP, as calculated by FNS, with rounding and 

other reductions that are appropriate. It is to be used in the following 

areas: Cold Bay and Adak in the Aleutian Islands; Kodiak in Kodiak 

Island Borough; Valdez and Dayville in the Valdez-Cordova Census Area; 

all places in Kenai Peninsula Borough that are on the Kenai Peninsula 

except for those specifically designated as Rural I; the entire 

Anchorage Borough; the entire Matanuska-Susitna Borough except for 

Denali and Skwentna; the entire Fairbanks-North Star Borough; the entire 

Juneau Borough; the entire Haines Borough; Sitka in the Sitka Borough; 

Skagway in the Skagway-Yakutat-Angoon Census Area; Wrangell and 

Petersburg in the Wrangell-Petersburg Census Area; Ketchikan, Saxman, 

and Ward Cove in the Ketchikan-Gateway Borough; Craig, Hyder, and 

Metlakatla in the Prince of Wales-Outer Ketchikan Census Area; and Big 

Delta, Delta Junction, and Fort Greely in the Southeast-Fairbanks Census 

Area.

    (4) The State agency may, in consultation with FNS, change the 

designation of any Alaska subdivision contained in the Plan of Operation 

to reflect changes in demographics or the cost of food within the 

subdivision.

    (c) Fee agents. ``Fee agent'' means a paid agent who, on behalf of 

the State, is authorized to make applications available to low-income 

households, assist in the completion of applications, conduct required 

interviews, secure required verification, forward completed applications 

and supporting documentation to the State agency, and provide other 

services as required by the State agency. Such services shall not 

include making final decisions on household eligibility or benefit 

levels.

    (d) Application processing. The State agency may modify the 

application processing requirements in Sec. 273.2 of this chapter as 

necessary to insure prompt delivery of services to eligible households. 

The following restrictions apply:

    (1) Fee agent processing. If the signed application is first 

submitted by a household to a fee agent, the fee agent shall mail the 

application to the State agency within 5 days of receipt. The fee agent 

shall give the household the maximum amount of time to provide needed 

verification as long as the five-day processing period is met.

    (2) Application filing date. An application is considered filed for 

purposes of timely processing when it is received by an office of the 

State agency.

    (3) Application processing timeframes. Eligible households must be 

provided an opportunity to participate as soon as possible but no later 

than 30 days after the application is received by an office of the State 

agency.

    (4) Expedited service. (i) If the signed application is first 

submitted by a household to a fee agent, the fee agent shall mail the 

application to the State agency within 5 days of receipt. If the 

household is eligible for expedited service, the State agency will mail 

the coupons no later than the close of business of the second working 

day following the date the application was received by the State agency.



[[Page 615]]



    (ii) If the signed application is submitted directly to the State 

agency in person by a rural resident or its authorized representative or 

by mail, the State agency shall process the application and issue 

coupons to households eligible for expedited service in accordance with 

the time standards contained in Sec. 273.2(i)(3) of this chapter.

    (iii) If an incomplete application is submitted directly to the 

State agency by mail, the State agency shall conduct the interview by 

the first working day following the date the application was received if 

the fee agent can contact the household or the household can be reached 

by telephone or radio-phone and does not object to this method of 

interviewing on grounds of privacy. Based on information obtained during 

the interview, the State agency shall complete the application and 

process the case. Because of the mailing time in rural areas, the State 

agency shall not return the completed application to the household for 

signature. The processing standard shall be calculated from the date the 

application was filed.

    (5) SSI Joint Processing. SSA workers shall mail all jointly 

processed applications to the appropriate State agency office within 5 

days of receipt of the application. A jointly processed application 

shall be considered filed for purposes of timely processing when it is 

received by an office of the State agency. The household, if determined 

eligible, shall receive benefits retroactive to the first day of the 

month in which the jointly processed application was received by the SSA 

worker.

    (6) Interviews. The State agency shall interview applicant 

households in the most efficient manner possible, either by face-to-face 

contact, telephone, radiophone, or other means of correspondence 

including written correspondence. In instances in which an interview 

cannot be conducted, the State agency may postpone the interview until 

after the household is certified.

    (e) Determining household eligibility and benefit level. If a 

household submits its application to a fee agent, it shall, if eligible, 

receive benefits retroactive to the date the application is received by 

the fee agent. If a household submits its application directly to a 

State agency office, it shall, if determined eligible, receive benefits 

retroactive to the date the application is received by the State agency.

    (f) Vehicles. In areas of the State where there are no licensing 

requirements, snowmobiles and boats used by the household for basic 

transportation shall be evaluated in accordance with Sec. 273.8(h) of 

this chapter even though they are unlicensed. Vehicles necessary for 

subsistence hunting and fishing shall not be counted as a household 

resource.

    (g) Reporting changes. The State agency shall allow the household to 

choose to report changes either directly to the State agency or to the 

fee agent. If the household reports the change to the fee agent, the fee 

agent will mail the change report to the State agency office within two 

working days of the date of receipt. The household's obligation to 

report the change will have been met if it submits the change to the fee 

agent within 10 days of the date the change becomes known to the 

household. However, for purposes of State agency action for increasing 

or decreasing benefits, the change will be considered to have been 

reported when it is received by a State agency office.

    (h) Fair hearings, fraud hearings, and agency conferences. The State 

agency shall conduct fair hearings, administrative fraud hearings, and 

agency conferences with households that wish to contest denial of 

expedited service in the most efficient manner possible, either by face-

to-face contact, telephone, radiophone, or other means of correspondence 

including written correspondence, in order to meet the respective time 

standards contained in Sec. 273.15 and Sec. 273.16 of this chapter.

    (i) Issuance services. With the approval of FNS, coupons may be 

mailed on a quarterly or semiannual basis to certain rural areas of 

Alaska when provisions are not available on a monthly basis. The 

decision to allow the distribution of coupons in this manner will be 

made on an annual basis. These areas shall be listed in the State's Plan 

of Operation. The State agency shall advise households that live in 

rural areas where quarterly or semiannual



[[Page 616]]



allotments are authorized. If, as the result of the issuance of 

quarterly or semiannual allotments, food coupons are overissued or 

underissued, the State agency shall process claim determinations and 

restore lost benefits.



[Amdt. 162, 45 FR 73003, Nov. 4, 1980, as amended by Amdt. 202, 46 FR 

44722, Sept. 4, 1981; Amdt. 215, 47 FR 20741, May 14, 1982. Redesignated 

and amended by Amdt. 211, 47 FR 53315, 53316, Nov. 26, 1982]



    Editorial Note: For other Federal Register citations affecting Sec. 

272.7, see the List of CFR Sections Affected, which appears in the 

Finding Aids section of the printed volume and on GPO Access.