Appendix A - Section 4(b) of the Food and Nutrition Act of 2008

Appendix A: 1: Section 4(b) of the Food and Nutrition Act of 2008

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(v) ‘‘Tribal organization’’ means the recognized governing body
of an Indian tribe (including the tribally recognized intertribal organization of such tribes), as the term ‘‘Indian tribe’’ is defined in
section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304), as well as any Indian tribe, band, or
community holding a treaty with a State government.
ESTABLISHMENT OF THE SUPPLEMENTAL NUTRITION ASSISTANCE
PROGRAM

SEC. 4. ø7 U.S.C. 2013¿ (a) Subject to the availability of funds
appropriated under section 18 of this Act, the Secretary is authorized to formulate and administer a supplemental nutrition assistance program under which, at the request of the State agency, eligible households within the State shall be provided an opportunity
to obtain a more nutritious diet through the issuance to them of
an allotment, except that a State may not participate in the supplemental nutrition assistance program if the Secretary determines
that State or local sales taxes are collected within that State on
purchases of food made with benefits issued under this Act. The
benefits so received by such households shall be used only to purchase food from retail food stores which have been approved for
participation in the supplemental nutrition assistance program.
Benefits issued and used as provided in this Act shall be redeemable at face value by the Secretary through the facilities of the
Treasury of the United States.
(b) FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATIONS.—
(1) IN GENERAL.—Distribution of commodities, with or
without the supplemental nutrition assistance program, shall
be made whenever a request for concurrent or separate food
program operations, respectively, is made by a tribal organization.
(2) ADMINISTRATION.—
(A) IN GENERAL.—Subject to subparagraphs (B) and
(C), in the event of distribution on all or part of an Indian
reservation, the appropriate agency of the State government in the area involved shall be responsible for the distribution.
(B) ADMINISTRATION BY TRIBAL ORGANIZATION.—If the
Secretary determines that a tribal organization is capable
of effectively and efficiently administering a distribution
described in paragraph (1), then the tribal organization
shall administer the distribution.
(C) PROHIBITION.—The Secretary shall not approve
any plan for a distribution described in paragraph (1) that
permits any household on any Indian reservation to participate simultaneously in the supplemental nutrition assistance program and the program established under this
subsection.
(3) DISQUALIFIED PARTICIPANTS.—An individual who is disqualified from participation in the food distribution program on
Indian reservations under this subsection is not eligible to participate in the supplemental nutrition assistance program
under this Act for a period of time to be determined by the Secretary.
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(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.
(5) BISON MEAT.—Subject to the availability of appropriations to carry out this paragraph, the Secretary may purchase
bison meat for recipients of food distributed under this subsection, including bison meat from—
(A) Native American bison producers; and
(B) producer–owned cooperatives of bison ranchers.
(6) TRADITIONAL AND LOCALLY- AND REGIONALLY-GROWN
FOOD FUND.—
(A) IN GENERAL.—Subject to the availability of appropriations, the Secretary shall establish a fund for use in
purchasing traditional and locally- and regionally-grown
foods for recipients of food distributed under this subsection.
(B) NATIVE AMERICAN PRODUCERS.—Where practicable,
of the food provided under subparagraph (A), at least 50
percent shall be produced by Native American farmers,
ranchers, and producers.
(C) DEFINITION OF TRADITIONAL AND LOCALLY- AND REGIONALLY-GROWN.—The Secretary shall determine the definition of the term ‘‘traditional and locally- and regionallygrown’’ with respect to food distributed under this paragraph.
(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) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out
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this paragraph $5,000,000 for each of fiscal years 2008
through 2023.
(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.
(c) The Secretary shall issue such regulations consistent with
this Act as the Secretary deems necessary or appropriate for the
effective and efficient administration of the supplemental nutrition
assistance program and shall promulgate all such regulations in accordance with the procedures set forth in section 553 of title 5 of
the United States Code. In addition, prior to issuing any regulation, the Secretary shall provide the Committee on Agriculture of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a copy of the regulation with
a detailed statement justifying it.
ELIGIBLE HOUSEHOLDS

SEC. 5. ø7 U.S.C. 2014¿ (a) Participation in the supplemental
nutrition assistance program shall be limited to those households
whose incomes and other financial resources, held singly or in joint
ownership, are determined to be a substantial limiting factor in
permitting them to obtain a more nutritious diet. Notwithstanding
any other provisions of this Act except subsections (b), (d)(2), (g),
and (r) of section 6 and section 3(m)(4), households in which each
member receives benefits under a State program funded under part
A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), supplemental security income benefits under title XVI of the Social Security Act ø(42 U.S.C. 1381 et seq.)¿, or aid to the aged, blind, or
disabled under title I, X, XIV, or XVI of the Social Security Act,
shall be eligible to participate in the supplemental nutrition assistance program. Except for sections 6, 16(e)(1), and section 3(m)(4),
households in which each member receives benefits under a State
or local general assistance program that complies with standards
established by the Secretary for ensuring that the program is based
on income criteria comparable to or more restrictive than those
under subsection (c)(2), and not limited to one-time emergency payments that cannot be provided for more than one consecutive
month, shall be eligible to participate in the supplemental nutrition
assistance program. Assistance under this program shall be furnished to all eligible households who make application for such
participation.
(b) ELIGIBILITY STANDARDS.—Except as otherwise provided in
this Act, the Secretary shall establish uniform national standards
of eligibility (other than the income standards for Alaska, Hawaii,
Guam, and the Virgin Islands of the United States established in
accordance with subsections (c) and (e) of this section) for participation by households in the supplemental nutrition assistance program in accordance with the provisions of this section. No plan of
operation submitted by a State agency shall be approved unless the
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