Food distribution program on Indian reservations under self-determination contracts and self-governance agreements

Section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)) is amended—(1)by redesignating paragraph (7) as paragraph (8); and(2)by inserting after paragraph (6) the following:

(7)

Self determination contracts and self-governance agreements for Indian entities

(A)

Definitions

In this paragraph:(i)

Indian entity

The term Indian entity means Indian Tribes and Tribal Organizations given the terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).(ii)

Self-determination contract and self-governance agreement

The terms self-determination contract and self-governance funding agreement has the meaning given the term in section 4 and section 401 of the Indian Self-Determination and Education Assistance Act.(B)

Establishment

At the request of an Indian entity, the Secretary shall negotiate and enter into self-determination contracts or self-governance agreements to purchase agricultural commodities under the food distribution program under this subsection for the Indian reservation of that Indian entity and to administer programs, functions, services, or activities (or portions thereof) related to the operations of the food distribution program of that Indian entity.(C)

Eligibility

(i)

Criteria

The Secretary shall presume an Indian entity is eligible to purchase agricultural commodities and assume the administration of a food distribution program on the Indian reservation of that Indian entity under section 4(b)(7) if the Indian entity meets the eligibility requirements in title I or IV of the Indian Self-Determination and Education Assistance Act of 1975.(ii)

Consultation

The Secretary shall consult with the Indian Tribes to determine the process under which a Tribal organization may participate.(D)

Purchase of agricultural commodities

Any agricultural commodities purchased by a Indian entity under the subsection shall—(i)be domestically produced;(ii)shall not result in a material increase or decrease in the total amount of food in the food package of that Indian entity compared to the amount of food the Secretary authorizes to be provided through the FDPIR Guide Rate; and(iii)be of similar or higher nutritional value as the type of agricultural commodities that would be supplanted in the existing food package for that Indian entity or be an agricultural commodity with Tribal significance to that Indian entity.(E)

Report

Not later than 1 year after the effective date of this paragraph and annually thereafter, the Secretary shall submit, to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report describing the activities carried out by Indian entities under self-determination contracts and self-governance agreements during the preceding year.

Application of governing law

The negotiation, execution, and flexible administration of all self-determination or self-governance agreements authorized under this paragraph (7) shall be governed by the requirements of title I with respect to self-determination agreements, or title IV with respect to self-governance agreements, of the Indian Self-Determination and Education Assistance Act of 1975 and the regulations duly promulgated thereunder by the Department of the Interior. The application of such statutory and regulatory provisions shall be adapted to the Department of Agriculture programs, functions, services, and activities only with the negotiated consent of the Indian entity affected, on a case by case basis. All such adaptations shall adhere to the rule of construction in section 406(i) of such Act (25 U.S.C. 5366(i)) that each provision shall be liberally construed for the benefit of the Indian entity and any ambiguity shall be resolved in factor of the Indian entity.