[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR253.4]

[Page 548-550]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 253_ADMINISTRATION OF THE FOOD DISTRIBUTION PROGRAM FOR HOUSEHOLDS ON 
 
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 549]]

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 550]]

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]