[Federal Register Volume 64, Number 249 (Wednesday, December 29, 1999)]
[Rules and Regulations]
[Pages 72908-72909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33620]



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DEPARTMENT OF AGRICULTURE

Food and Nutrition Service

7 CFR Parts 253 and 254

RIN 0584-AB67


Food Distribution Programs: Definition of ``Indian Tribal 
Household''

AGENCY: Food and Nutrition Service, USDA.

ACTION: Final rule.

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SUMMARY: This rule makes final an interim rule published in the Federal 
Register on January 11, 1994. It broadens the regulatory definition of 
``Indian tribal household'' in the Food Distribution Program on Indian 
Reservations (FDPIR) and the Food Distribution Program for Indian 
Households in Oklahoma (FDPIHO). Previous to the amendment of the 
definition, households residing in areas approved for service near 
Indian reservations (``near areas''), or in FNS service areas in 
Oklahoma, that contained Native American children, but no Native 
American adults, were excluded from the programs. Also, households in 
near areas were excluded from FDPIR if they did not contain a tribal 
member of the administering Indian tribe or tribes in that area. The 
intended effect of the change is to allow more low-income households to 
be served in FDPIR and FDPIHO.

EFFECTIVE DATE: This final rule is effective on December 29, 1999.

FOR FURTHER INFORMATION CONTACT: Lillie F. Ragan, Assistant Branch 
Chief, Household Programs Branch, Food Distribution Division, Food and 
Nutrition Service, U.S. Department of Agriculture, Room 612, 4501 Ford 
Ave., Alexandria, Virginia 22302-1594 or telephone (703) 305-2662.

SUPPLEMENTARY INFORMATION:
I. Procedural Matters
II. Background and Discussion of the Final Rule

I. Procedural Matters

Executive Order 12866

    This 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 programs addressed in this action are listed in the Catalog of 
Federal Domestic Assistance under 10.550 and 10.570, and for the 
reasons set forth in the final rule in 7 CFR 3015, Subpart V, and 
related Notice (48 FR 29115), are included in the scope of Executive 
Order 12372, which requires intergovernmental consultation with State 
and local officials.

Regulatory Flexibility Act

    This final 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 economic impact on a substantial 
number of small entities. Since the provisions contained in this rule 
were implemented under the interim rule published in the Federal 
Register on January 11, 1994 (59 FR 1447), it will have no impact.

Executive Order 12988

    This 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. 
Prior to any judicial challenge to the provisions, all applicable 
administrative procedures must be exhausted.

Paperwork Reduction Act

    This final rule does not contain information collection 
requirements subject to the approval by the Office of Management and 
Budget under the Paperwork Reduction Act of 1995 (44 U.S.C. 3507).

II. Background and Discussion of the Final Rule

    FDPIR was established by section 4(b) of the Food Stamp Act of 
1977, as amended (7 U.S.C. 2013(b)), as an alternative to food stamps 
for low-income Native Americans who, because they live on or near 
Indian reservations in sparsely populated areas, may not have 
convenient access to food stamp certification offices or authorized 
food stamp retailers. On January 11, 1994, the Department published an 
interim rule in the Federal Register (59 FR 1447) that amended the 
definition of ``Indian tribal household'' in 7 CFR 253.2(c) and 
254.2(d) to read, ``* * * a household in which at least one household 
member is recognized as a tribal member by any Indian tribe* * *'' (as 
``Indian tribe'' is defined in 7 CFR Part 253). Prior to implementation 
of the interim rule, the definition restricted Indian tribal households 
to those which contained an adult Native American member. This excluded 
households containing Native American children, but no Native American 
adults, from participation in FDPIR in areas near Indian reservations 
that had been approved for service (``near areas'') or, in FDPIHO, in 
the areas approved for service (``FNS service areas'').
    Prior to implementation of the interim rule, the definition 
contained in 7 CFR 253.2(c) also restricted Indian tribal households to 
those households which contained a member recognized by the 
administering Indian tribal organization as a tribal member. This 
excluded from participation in FDPIR those households containing a 
Native American member or members from any Indian tribes other than the 
tribe administering the program in the ``near areas'' in which the 
household resided. Households with a Native American member of any 
Indian tribe residing in an FNS service area have always been eligible 
for participation in FDPIHO. However, the language in 7 CFR 254.2(d) 
was amended by the interim rule simply to provide greater clarity.
    The interim rule also clarified in 7 CFR 253.6(b)(1) that all 
households living on Indian reservations on which FDPIR is available, 
and that meet other program eligibility requirements, are eligible to 
receive program benefits, regardless of whether they contain a

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Native American member. Although not previously expressed clearly in 
Federal regulations, this has always been the policy under which FDPIR 
has operated on all participating reservations. In the same section, 
amended language makes clear that Indian tribal organizations (or State 
agencies) must serve all Indian tribal households living in ``near 
areas'' and meeting other eligibility requirements. Indian tribal 
organizations and State agencies must accept official documentation of 
an individual's membership in an Indian tribe in determining the 
household's eligibility for program benefits.
    The Department received no comments on the interim rule, and is 
adopting the interim rule as final without change.

List of Subjects

7 CFR Part 253

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

7 CFR Part 254

    Administrative practice and procedure, Food assistance programs, 
Grant programs, Social programs, Indians, Reporting and recordkeeping 
requirements, Surplus agricultural commodities.
    Accordingly, the interim rule amending 7 CFR Parts 253 and 254, 
which was published at 59 FR 1447 on January 11, 1994, is adopted as a 
final rule without change.

    Dated: December 21, 1999.
Samuel Chambers, Jr.,
Administrator, Food and Nutrition Service.
[FR Doc. 99-33620 Filed 12-28-99; 8:45 am]
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