Request for information: Self-Determination Demonstration Project for Tribes That Administer the Food Distribution Program on Indian Reservations
| Citation | 84 FR 67424 |
| Record Number | 2019-26565 |
| Published date | 10 December 2019 |
| Section | Notices |
| Court | Food And Nutrition Service |
Federal Register, Volume 84 Issue 237 (Tuesday, December 10, 2019)
[Federal Register Volume 84, Number 237 (Tuesday, December 10, 2019)]
[Notices]
[Pages 67424-67425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26565]
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DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
Request for information: Self-Determination Demonstration Project
for Tribes That Administer the Food Distribution Program on Indian
Reservations
AGENCY: Food and Nutrition Service (FNS), USDA.
ACTION: Notice; request for information
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SUMMARY: This is a Request for Information to help the Secretary of the
U.S. Department of Agriculture (the Secretary or USDA) develop the
additional criteria, as authorized in the Agriculture Improvement Act
of 2018, for a self-determination demonstration project related to the
purchase of agricultural commodities for the Food Distribution Program
on Indian Reservations (FDPIR). USDA requests feedback from Indian
Tribal Organizations (ITOs) and State agencies that administer FDPIR,
Tribal leaders and representatives, and Tribal associations. This
notice is not a request for proposal and does not commit the Government
to issue a solicitation, make an award, or pay any costs associated
with responding to this announcement. All submitted information shall
remain with the Government and will not be returned. All responses will
become part of the public record and will not be held confidential.
USDA received authority in section 4003(b) of the Agriculture
Improvement Act of 2018 (Pub. L. 115-334, the 2018 Farm Bill) to
establish a demonstration project for one or more Tribal
Organization(s) administering FDPIR to enter into self-determination
contracts to purchase agricultural commodities (which are hereafter
referred to as ``food(s)'') for the FDPIR food package for their Indian
Tribe. These Tribally purchased foods will be issued to FDPIR
participants in lieu of similar USDA Foods available in the FDPIR food
package. The 2018 Farm Bill authorizes up to $5 million to remain
available until expended to carry out this demonstration project;
however, availability of funds is subject to Congressional
appropriations.
The objective of this Request for Information is to receive
feedback to assist USDA in developing the process and criteria for
determining if a FDPIR Tribal Organization is eligible for a self-
determination demonstration project contract, as specified in the 2018
Farm Bill under Section 4003(b)(3). USDA invites comments on specific
questions included in this Request for Information (see SUPPLEMENTARY
INFORMATION) and welcomes comments from those involved in the
administration of FDPIR, Tribal leaders and representatives, and Tribal
associations. USDA will use the comments in response to this Request
for Information to inform the competitive process for entering into a
self-determination contract(s) as required by Section 4003(b)(2) of the
2018 Farm Bill, upon receipt of Congressional appropriations.
DATES: To be assured of consideration, written comments must be
submitted or postmarked on or before February 10, 2020.
ADDRESSES: The Food and Nutrition Service, USDA, invites the submission
of the requested information through one of the following methods:
Preferred method: Submit information through the Federal
eRulemaking Portal at http://www.regulations.gov. Follow the online
instructions for submissions.
Mail: Submissions should be addressed to Erica Antonson,
Branch Chief, Food Distribution Division, Food and Nutrition Service,
U.S. Department of Agriculture, 1320 Braddock Place, Alexandria, VA
22314.
Email: Send comments to [email protected] with a subject
line ``FDPIR: RFI 638 Demonstration Project''.
[[Page 67425]]
All information properly and timely submitted, using one of the
three methods described above and in response to this request for
information, will be included in the record and will be made available
to the public on the internet at http://www.regulations.gov. Please be
advised that the substance of the information provided and the identity
of the individuals or entities submitting it will be subject to public
disclosure.
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of this request for information should be directed to [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Program Information
FDPIR provides USDA Foods to income-eligible households living on
Indian reservations, and to American Indian households residing in
approved areas near reservations and in Oklahoma. The Food and
Nutrition Service (FNS), an agency of USDA, administers FDPIR at the
Federal level. The program is administered locally by either ITOs or an
agency of a State government. ITOs and State agencies, known as FDPIR
administering agencies, store and distribute the foods, determine
applicant eligibility, and provide nutrition education to recipients.
FNS provides FDPIR administering agencies with funds for program
administrative costs.
FNS has an agreement with the Agricultural Marketing Service (AMS),
another agency of USDA, and the Department of Defense's Defense
Logistics Agency (DLA) to buy food for the FDPIR program. Eligible
households may choose from over 100 nutritious, domestically produced
items across a variety of categories including meat/poultry, dairy,
grains, and fruits/vegetables to make up a monthly food package
benefit. In recent years, FNS has also worked to expand the
availability of traditional foods as part of the food package,
including bison, wild rice, wild salmon, catfish, and blue cornmeal. In
addition, most FDPIR programs receive a variety of fresh produce as
part of the food package. FNS also works closely with the Food Package
Review Work Group, a work group comprised of Tribal representatives and
Tribal nutritionists, to review the FDPIR food package on an ongoing
basis with the goal of revising it to better meet the nutritional needs
and food preferences of program participants. As of FY 2019, there are
approximately 276 tribes receiving benefits under FDPIR through 102
ITOs and 3 State agencies. The program serves approximately 85,000
participants on an average monthly basis.
II. 2018 Farm Bill
Section 4003(b) of the 2018 Farm Bill authorizes a demonstration
project for one or more Tribal Organization(s) within the FDPIR to
enter into self-determination contracts to procure foods to supplant
FDPIR foods purchased by USDA for their Indian Tribe. Self-
determination contracts are also known as 638 Contracts in reference to
Public Law 93-638, the Indian Self-Determination and Education
Assistance Act. This authority allows Tribal Organizations to take on a
larger administrative role in delivering federally funded services and
to have more control over the governmental affairs of their
Organizations, fostering further self-governance. The 2018 Farm Bill
provision under Section 4003(b) supports Tribal Organization self-
governance by specifically allowing Tribal Organizations to procure
foods instead of USDA.
The 2018 Farm Bill specifically provides the following on Tribal
Organization eligibility and procurement of foods for this
demonstration project:
Tribal Organization Eligibility (Section 4003(b)(3)(B))
A Tribal Organization(s) must be successfully
administering FDPIR;
A Tribal Organization(s) must have capacity to purchase
agricultural foods following the criteria listed under Procurement of
Agricultural Commodities in section 4003(b)(4) below; and
A Tribal Organization(s) must meet any other criteria
determined by the Secretary, in consultation with the Secretary of
Interior and Indian tribes.
Procurement of Agricultural Commodities (Section 4003(b)(4))
A Tribal Organization(s) must be able to procure foods
that are domestically produced for this demonstration project;
Food(s) selected for this demonstration project will
supplant, not supplement, the type of agricultural food(s) currently
available in the FDPIR food package;
Food(s) selected for this demonstration project must be of
similar or higher nutritional value than the food(s) it is supplanting
in the existing FDPIR food package; and
Food(s) selected for this demonstration project must meet
any other criteria determined by the Secretary.
The specific requirements noted above will inform which Tribal
Organization(s) are eligible to participate in the demonstration
project. Eligible Tribal Organizations will have an opportunity to
apply for participation based on a process to be determined and
informed by answers to the questions below.
III. Questions
USDA requests that commenters respond in detail to any or all of
the items below to help inform who may be eligible for a self-
determination contract under Section 4003(b) of the 2018 Farm Bill.
Please provide any material that addresses the information requested or
any other information that may be pertinent. USDA will consider
comments that may require regulatory changes. Additional references or
links to materials are welcome.
1. What process should be used to determine which Tribal
Organizations should be selected to participate in this demonstration
project given that project funds are limited?
2. What, if any, additional criteria should be established for a
Tribal Organization to be considered eligible to participate in this
demonstration project?
3. What factors should be considered in determining whether a
Tribal Organization has the capacity to purchase agricultural foods for
this demonstration project?
4. Are there any specific criteria that should be given priority in
the selection process?
Dated: December 5, 2019.
Pamilyn Miller,
Administrator, Food and Nutrition Service.
[FR Doc. 2019-26565 Filed 12-9-19; 8:45 am]
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