Sec. 4003. FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATIONS
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## SEC. 4003 FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATIONS ###
(a)In General Section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)) is amended— ####
(1)by striking paragraph
(4)and inserting the following: > > #### “(4) Administrative costs > > > ##### “(A) In general > > Subject to subparagraph (B), the Secretary shall pay not less than 80 percent of administrative costs and distribution costs on Indian reservations as the Secretary determines necessary for effective administration of such distribution by a State agency or tribal organization. > > > ##### “(B) Waiver > > The Secretary shall waive up to 100 percent of the non-Federal share of the costs described in subparagraph
(A)if the Secretary determines that— > > > ###### “(i) > > the tribal organization is financially unable to provide a greater non-Federal share of the costs; or > > > ###### “(ii) > > providing a greater non-Federal share of the costs would be a substantial burden for the tribal organization. > > > ##### “(C) Limitation > > The Secretary may not reduce any benefits or services under the food distribution program on Indian reservations under this subsection to any tribal organization that is granted a waiver under subparagraph (B). > > > ##### “(D) Tribal contribution > > The Secretary may allow a tribal organization to use funds provided to the tribal organization through a Federal agency or other Federal benefit to satisfy all or part of the non-Federal share of the costs described in subparagraph
(A)if that use is otherwise consistent with the purpose of the funds.” > , ####
(2)in paragraph (6)— #####
(A)in the heading by striking “locally-grown” and inserting “locally- and regionally-grown”, #####
(B)in subparagraph
(A)by striking “locally-grown” and inserting “locally- and regionally-grown”, #####
(C)in subparagraph (C)— ######
(i)in the heading by striking “locally grown” and inserting “locally- and regionally-grown”, and ######
(ii)by striking “locally-grown” and inserting “locally- and regionally-grown”, #####
(D)by amending subparagraph
(D)to read as follows: > > ##### “(D) Purchase of foods > > In carrying out this paragraph, the Secretary shall purchase or offer to purchase those traditional foods that may be procured cost-effectively.” > , #####
(E)by striking subparagraph (E), and #####
(F)in subparagraph (F)— ######
(i)by striking “(F)” and inserting “(E)”, and ######
(ii)by striking “2018” and inserting “2023”, and ####
(3)by adding at the end the following: > > #### “(7) Availability of funds > > > ##### “(A) In general > > Funds made available for a fiscal year to carry out this subsection shall remain available for obligation for a period of 2 fiscal years. > > > ##### “(B) Administrative costs > > Funds made available for a fiscal year to carry out paragraph
(4)shall remain available for obligation by the State agency or tribal organization for a period of 2 fiscal years.” > . ###
(b)Demonstration Project for Tribal Organizations **[**[7 U.S.C. 2013 note](/us/usc/t7/s2013)**]** ####
(1)Definitions In this subsection: #####
(A)Demonstration project The term “demonstration project” means the demonstration project established under paragraph (2). #####
(B)Food distribution program The term “food distribution program” means the food distribution program on Indian reservations carried out under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)). #####
(C)Indian reservation The term “Indian reservation” has the meaning given the term “reservation” in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012). #####
(D)Indian tribe The term “Indian tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). #####
(E)Self-determination contract The term “self-determination contract” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). #####
(F)Tribal organization The term “tribal organization” has the meaning given the term in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012). ####
(2)Establishment Subject to the availability of appropriations, the Secretary shall establish a demonstration project under which 1 or more tribal organizations may enter into self-determination contracts to purchase agricultural commodities under the food distribution program for the Indian reservation of that tribal organization. ####
(3)Eligibility #####
(A)Consultation The Secretary shall consult with the Secretary of the Interior and Indian tribes to determine the process and criteria under which a tribal organization may participate in the demonstration project. #####
(B)Criteria The Secretary shall select for participation in the demonstration project tribal organizations that— ######
(i)are successfully administering the food distribution program of the tribal organization under section 4(b)(2)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)(2)(B)), ######
(ii)have the capacity to purchase agricultural commodities in accordance with paragraph
(4)for the food distribution program of the tribal organization, and ######
(iii)meet any other criteria determined by the Secretary, in consultation with the Secretary of the Interior and Indian tribes. ####
(4)Procurement of agricultural commodities Any agricultural commodities purchased by a tribal organization under the demonstration project shall— #####
(A)be domestically produced, #####
(B)supplant, not supplement, the type of agricultural commodities in existing food packages for that tribal organization, #####
(C)be of similar or higher nutritional value as the type of agricultural commodities that would be supplanted in the existing food package for that tribal organization, and #####
(D)meet any other criteria determined by the Secretary. ####
(5)Report Not later than 1 year after the date on which funds are appropriated under paragraph
(6)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 under the demonstration project during the preceding year. ####
(6)Funding #####
(A)Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this subsection $5,000,000, to remain available until expended. #####
(B)Appropriations in advance Only funds appropriated under subparagraph
(A)in advance specifically to carry out this subsection shall be available to carry out this subsection. ###
(c)Conforming Amendment Section 3(v) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(v)) is amended by striking “the Indian Self-Determination Act (25 U.S.C. 450b(b))” and inserting “section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)”.
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Sec. 4003
FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATIONS
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