[Federal Register Volume 64, Number 5 (Friday, January 8, 1999)]
[Rules and Regulations]
[Pages 1097-1098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-395]



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 Rules and Regulations
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  Federal Register / Vol. 64, No. 5 / Friday, January 8, 1999 / Rules 
and Regulations  

[[Page 1097]]


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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Part 254

RIN 0584-AB56


Food Distribution Programs: FDPIHO--Oklahoma Waiver Authority

AGENCY: Food and Nutrition Service, USDA.

ACTION: Direct final rule.

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SUMMARY: This direct final rule amends the regulations for the Food 
Distribution Program for Indian Households in Oklahoma (FDPIHO). It 
reinstates the Food and Nutrition Service's authority to grant waiver 
requests from Indian Tribal Organizations in Oklahoma to allow Indian 
tribal households living in urban places to participate in FDPIHO.

DATES: In accordance with the parameters set forth in 62 FR 55141 
(October 23, 1997), ``Use of Direct Final Rulemaking,'' this rule will 
become effective on March 9, 1999, unless the Department receives 
written adverse comments or notices of intent to submit adverse 
comments postmarked on or before February 8, 1999. If adverse comments 
within the scope of the rulemaking are received, the Department will 
publish timely notification of withdrawal of this rule in the Federal 
Register.

ADDRESSES: Comments should be sent to Lillie F. Ragan, Assistant Branch 
Chief, Household Programs Branch, Food Distribution Division, Food and 
Nutrition Service, U.S. Department of Agriculture, Room 502, 3101 Park 
Center Drive, Alexandria, Virginia 22302-1594. Comments in response to 
this request may be inspected at 3101 Park Center Drive, Room 502, 
Alexandria, Virginia, during normal business hours (8:30 a.m. to 5 
p.m., Mondays through Fridays).

FOR FURTHER INFORMATION CONTACT: Lillie F. Ragan at the above address 
or telephone (703) 305-2662.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This direct final rule has been determined to be not significant 
for purposes of Executive Order 12866 and, therefore, has not been 
reviewed by the Office of Management and Budget.

Public Law 104-4

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
L. 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, the 
Food and Nutrition Service generally must prepare a written statement, 
including a cost-benefit analysis, for proposed and final rules with 
``Federal mandates'' that may result in expenditures to State, local, 
or tribal governments, in the aggregate, or to the private sector, of 
$100 million or more in any one year. When such a statement is needed 
for a rule, section 205 of the UMRA generally requires the Food and 
Nutrition Service to identify and consider a reasonable number of 
regulatory alternatives and adopt the least costly, more cost-effective 
or least burdensome alternative that achieves the objectives of the 
rule.
    This rule contains no Federal mandates (under the regulatory 
provisions of Title II of the UMRA) for State, local, and tribal 
governments or the private sector of $100 million or more in any one 
year. Thus, this rule is not subject to the requirements of sections 
202 and 205 of the UMRA.

Executive Order 12372

    The program addressed in this action is listed in the Catalog of 
Federal Domestic Assistance under No. 10.570, and is subject to the 
provisions of Executive Order 12372, which requires intergovernmental 
consultation with State and local officials (7 CFR Part 3015, Subpart 
V, and final rule-related notices published at 48 FR 29114, June 24, 
1983, and 49 FR 22676, May 31, 1984).

Regulatory Flexibility Act

    This rule has been reviewed with regard to the requirements of the 
Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612). The 
Administrator of the Food and Nutrition Service has certified that this 
action will not have a significant impact on a substantial number of 
small entities. While Indian Tribal Organizations that administer FDPIR 
and program participants within the State of Oklahoma will be affected 
by this rulemaking, any economic effect will not be significant.

Executive Order 12988

    This direct final rule has been reviewed under Executive Order 
12988, Civil Justice Reform. The rule is intended to have preemptive 
effect with respect to any State or local laws, regulations or policies 
which conflict with its provisions or which would otherwise impede its 
full implementation. This rule is not intended to have retroactive 
effect. There are no administrative procedures which must be exhausted 
prior to any judicial challenge to the provisions of this rule or the 
applications of its provisions.

Paperwork Reduction Act

    This final rule reflects no new information collection requirements 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3507).

Background

    This direct final rule amends the FDPIHO regulations at 7 CFR 
254.5(b). It reinstates the Food and Nutrition Service's (FNS) 
authority to grant waiver requests from Indian Tribal Organizations 
(ITOs) in Oklahoma to allow Indian tribal households living in urban 
places to participate in FDPIHO.
    Part 253 of Title 7 of the Code of Federal Regulations contains the 
regulatory requirements for the implementation and operation of the 
Food Distribution Program on Indian Reservations (FDPIR) throughout the 
nation. However, the unique status of Indian land holdings in Oklahoma 
made it difficult to apply all of the provisions of Part 253 in that 
State. Much of the former reservation land in Oklahoma has been 
conveyed into the public domain. Part 254 of Title 7 resolves those 
difficulties by authorizing a Food Distribution Program for Indian 
tribal households in Oklahoma based on the unique circumstances of that 
State. All of the provisions of Part 253 apply to Part 254, except as 
specifically changed by Part 254.

[[Page 1098]]

    On April 2, 1982, the Department issued final regulations (47 FR 
14135) at 7 CFR 253.4(d) prohibiting Indian tribal households living in 
urban places (towns or cities with a population of 10,000 or more) 
outside reservation boundaries from participating in FDPIR. Because of 
the almost total absence of reservations in Oklahoma, the Department 
changed this policy in that State to apply to all urban places (7 CFR 
254.5(b)). The Department implemented these requirements to support the 
basic purpose of FDPIR as an alternative to the Food Stamp Program--the 
primary Federal food assistance program. FDPIR was originally 
authorized out of concern that American Indians living on or near 
reservations may not have ready access to Food Stamp Program offices, 
or to food stores that are authorized to accept food stamps and have 
reasonable prices. However, FDPIR was not intended to replace the Food 
Stamp Program, particularly in urban areas. The Department believed 
that American Indian households living in off-reservation urban areas 
have reasonable access to food stamp services, and therefore, an 
alternative to the Food Stamp Program would not be needed for these 
households. Nevertheless, the regulations granted FNS the authority to 
approve exemption requests from ITOs that provide proper justification 
(see 7 CFR 253.4(d) and 7 CFR 254.5(b)). Since 1982, 16 exemption 
requests have been approved, including three from ITOs in Oklahoma. 
However, the waiver authority granted under FDPIHO regulations at 7 CFR 
254.5(b) expired on September 30, 1985.
    This rule reinstates FNS' authority to approve waiver requests from 
ITOs in Oklahoma to allow Indian tribal households living in urban 
places in that State to participate in FDPIHO. This rulemaking will 
provide all ITOs participating under either Part 253 or 254 with an 
equal opportunity to request waivers.

List of Subjects in 7 CFR Part 254

    Administrative practice and procedure, Food assistance programs, 
Grant programs, Social programs, Indians, Reporting and recordkeeping 
requirements, Surplus agricultural commodities.

    Accordingly, 7 CFR Part 254 is amended as follows:

PART 254--ADMINISTRATION OF THE FOOD DISTRIBUTION PROGRAM FOR 
INDIAN HOUSEHOLDS IN OKLAHOMA

    1. The authority citation for Part 254 continues to read as 
follows:

    Authority: Pub L. 97-98, sec. 1338; Pub. L. 95-113.


Sec. 254.5  [Amended]

    2. In Sec. 254.5, remove the last sentence of paragraph (b).

    Dated: December 4, 1998.
Samuel Chambers, Jr.,
Administrator, Food and Nutrition Service.
[FR Doc. 99-395 Filed 1-7-99; 8:45 am]
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