Sec. 4102. Food distribution program on Indian reservations

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Section 4(b) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013(b) ) is amended— in paragraph (2), by striking subparagraph

(C)and inserting the following: Any household eligible to participate or participating in the program established under this subsection may simultaneously participate in the supplemental nutrition assistance program. ; in paragraph (4)— by striking subparagraphs

(B)through (D); and in subparagraph (A), by striking the designation and heading and all that follows through 80 percent and inserting the following: The Secretary shall pay 100 percent ; in paragraph (6)(E), by striking 2023 and inserting 2029 ; and by adding at the end the following: In this paragraph: The term eligible Tribal organization means a Tribal organization that meets the requirements for a participating Tribal organization under clause (ii), except that the Tribal organization does not satisfy the requirement described in subclause

(II)of that clause. The term participating Tribal organization means a Tribal organization that— is successfully administering the food distribution program of the Tribal organization established under this subsection; has entered into a self-determination contract to procure agricultural commodities for distribution under that food distribution program for not less than 12 months of distribution across the contract period; has the capacity to purchase agricultural commodities in accordance with subparagraph (C); and meets any other criteria determined by the Secretary, in consultation with Indian tribes. The term self-determination contract means a self-determination contract (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) as implemented under the demonstration project established under section 4003(b) of the Agriculture Improvement Act of 2018 ( 7 U.S.C. 2013 note; Public Law 115–334 ), with modifications as determined by the Secretary. The Secretary shall— subject to the availability of appropriations under subparagraph (E)(i), enter into self-determination contracts with eligible Tribal organizations to allow those eligible Tribal organizations to directly purchase agricultural commodities for distribution under the food distribution program of the eligible Tribal organization established under this subsection; and subject to the availability of appropriations under subparagraph (E)(ii), enter into self-determination contracts with participating Tribal organizations to allow those participating Tribal organizations to directly purchase agricultural commodities for distribution under the food distribution program of the participating Tribal organization established under this subsection. Any agricultural commodity purchased by a Tribal organization under a self-determination contract entered into under subparagraph (B)— shall be domestically produced; shall supplant, not supplement, the types of agricultural commodities in existing food packages for that Tribal organization; shall be— of a similar or higher nutritional value as the types of agricultural commodities that would be supplanted in the existing food package of the Tribal organization; or an agricultural commodity with Tribal significance to that Indian Tribe; shall not result in a material increase in the total amount of food in the food package of that Tribal organization, as compared to the amount of food authorized under the monthly distribution guide rates established by the Food and Nutrition Service; and shall meet any other criteria determined by the Secretary. The Secretary shall make publicly available on the website of the Department of Agriculture a list of each Tribal organization purchasing agricultural commodities in accordance with a self-determination contract entered into under subparagraph (B). There is authorized to be appropriated to the Secretary $10,000,000 for each fiscal year, to remain available until expended, to enter into self-determination contracts under subparagraph (B)(i) with eligible Tribal organizations. Only funds appropriated pursuant to subclause

(I)in advance specifically to the Secretary to enter into self-determination contracts under subparagraph (B)(i) with eligible Tribal organizations shall be available for that purpose. If any funds described in subclause

(II)are remaining in a fiscal year after requests to enter into self-determination contracts from eligible Tribal organizations for that fiscal year have been met, the Secretary may use those remaining funds to enter into self-determination contracts under subparagraph (B)(ii) with participating Tribal organizations. Of the funds made available under section 18(a), not more than $20,000,000 shall be made available to the Secretary for each fiscal year, to remain available for 2 fiscal years, to enter into self-determination contracts under subparagraph (B)(ii) with participating Tribal organizations. Notwithstanding any provision of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ), the Secretary shall not be liable, or use any amounts made available under subparagraph (E)(i) or section 18(a) for purposes of carrying out this paragraph, for contract support costs or other costs not expressly authorized in this paragraph. In this paragraph, the term emergency period means a period during which there exists— a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) or a renewal of such a public health emergency declaration; a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ); or an emergency declared by the President under section 501 of that Act ( 42 U.S.C. 5191 ). Notwithstanding any other provision of this subsection, during an emergency period, the Secretary may modify or waive any regulatory requirement promulgated pursuant to this section for a Tribal organization or State agency administering the program under this section if— the regulatory requirement cannot be met by the Tribal organization or State agency during any portion of the emergency period under the conditions that prompted the emergency period; and the modification or waiver of such a requirement is necessary to provide assistance to that Tribal organization or State agency under this subsection. A modification or waiver made under subparagraph

(B)may be available for not more than 2 calendar months after the end of the applicable emergency period. . Section 17(a)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2026(a)(1) ) is amended in the first sentence by striking program and inserting program, the food distribution program on Indian Reservations carried out under section 4(b), and the emergency food assistance program established under the Emergency Food Assistance Act of 1983 ( . 7 U.S.C. 7501 et seq. ) Section 4003(b) of the Agriculture Improvement Act of 2018 ( 7 U.S.C. 2013 note; Public Law 115–334 ) is amended by adding at the end the following: The demonstration project under this subsection shall terminate on the date on which the Secretary certifies that paragraph

(8)of section 4(b) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013(b) ) has been implemented. .

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