[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: 7CFR281.3]



[Page 952-953]

 

                          TITLE 7--AGRICULTURE

 

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

 

PART 281_ADMINISTRATION OF THE FOOD STAMP PROGRAM ON INDIAN RESERVATIONS

--Table of Contents

 

Sec. 281.3  Determination of failure.



    (a) Request for determination of State government agency failure. 

FNS shall examine State agency adminstration of the Food Stamp Program 

on all or part of a reservation when requested by the ITO, the State 

agency or at FNS' discretion. When FNS determines that a deficiency in a 

State agency operation of the Food Stamp Program on all or part of an 

Indian reservation may be serious enough to warrant a review, FNS shall 

advise the State agency and the ITO in writing of the alleged 

deficiencies and of its plans to conduct the review and document 

deficiencies, if any are found. Subsequent to October 1, 1979 FNS shall 

complete these reviews within 90 days from receipt of an ITO's or State 

agency's request except under unusual circumstances such as the receipt 

of a large number of simultaneous requests.

    (b) Review--(1) Content of the review for State agency performance. 

The review shall be designed to determine whether or not the State 

agency is properly administering the Food Stamp Program on a specific 

reservation. When an agency of State government is administering the 

Program on a reservation, FNS shall as a part of the review consult with 

the ITO about the operation of the Program on the reservation. The 

review should, depending on the nature of the complaint, include but not 

be limited to, an analysis of some or all of the following data:

    (i) The records of State agency consultation with the ITO required 

under Sec. 281.2(a);

    (ii) The estimated percentage of all eligible Indians on the 

reservation who are participating the Program;

    (iii) The nature and extent of violations, if any, of the 30-day and 

other processing standards for Indians;

    (iv) The percentage of errors made in determining eligibility and/or 

the amount of benefits overissued or underissued;

    (v) Compliance with standards for location and hours of 

certification and issuance offices as required in Sec. 272.5;

    (vi) Compliance with bilingual requirements of this regulation, 

where appropriate;

    (vii) Compliance with nondiscrimination requirements of this 

regulation;

    (viii) Compliance with other significant program requirements;

    (ix) Comparison with services provided in all other areas of the 

State; and

    (x) Any other relevant information that becomes available during the 

course of reviews including information received through contacts with 

the Indian tribe.

    (2) Finding of no or of minor deficiencies. If after the review FNS 

determines either that deficiencies do not exist or that only minor 

deficiencies exist, FNS shall issue a report documenting its findings to 

both the State agency and the ITO and shall work closely with the State 

agency to achieve corrective action.

    (c) Formal warning. After the review is completed, if FNS determines 

that major deficiencies exist, a formal warning shall be issued to the 

State, with a copy to the ITO. At a minimum, such warning shall indicate 

the State agency deficiencies and shall detail the basis upon which 

deficiencies were determined. The State shall have 30 days to respond 

with evidence that it is in compliance or to submit a corrective action 

proposal under part 276. If satisfactory compliance is achieved by the 

State agency on deficiencies cited in a formal warning, FNS shall notify 

the State, with a copy to the ITO, that the warning for those 

deficiences is satisfied.

    (d) Determination of failure and sanctions. If at any time after the 

formal warning period, or during or after the corrective action period, 

FNS determines that major deficiencies still exist which the State 

agency has not



[[Page 953]]



satisfactorily addressed or is not satisfactorily addressing, FNS shall 

determine State failure and may impose appropriate Federal sanctions on 

the State agency as specified in part 276.

    (e) ITO operations. If FNS has determined State failure and FNS has 

also determined that the ITO is capable of administering a Food Stamp 

Program in accordance with the terms and requirements for participating 

State agencies as established in the Act and regulations, then the ITO 

shall assume adminstration of the Food Stamp Program on the reservation. 

The State agency shall continue to administer the Food Stamp Program on 

the reservation until an effective termination and transition 

arrangement has been completed in accordance with Sec. 281.8.