Food distribution program on Indian reservations under self-determination contracts and self-governance agreements

Section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)) is amended— (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6) the following: (7) Self determination contracts and self-governance agreements for Indian entities (A) Definitions In this paragraph: (i) Indian entity The term Indian entity means Indian Tribes and Tribal Organizations given the terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (ii) Self-determination contract and self-governance agreement The terms self-determination contract and self-governance funding agreement has the meaning given the term in section 4 and section 401 of the Indian Self-Determination and Education Assistance Act. (B) Establishment At the request of an Indian entity, the Secretary shall negotiate and enter into self-determination contracts or self-governance agreements to purchase agricultural commodities under the food distribution program under this subsection for the Indian reservation of that Indian entity and to administer programs, functions, services, or activities (or portions thereof) related to the operations of the food distribution program of that Indian entity. (C) Eligibility (i) Criteria The Secretary shall presume an Indian entity is eligible to purchase agricultural commodities and assume the administration of a food distribution program on the Indian reservation of that Indian entity under section 4(b)(7) if the Indian entity meets the eligibility requirements in title I or IV of the Indian Self-Determination and Education Assistance Act of 1975. (ii) Consultation The Secretary shall consult with the Indian Tribes to determine the process under which a Tribal organization may participate. (D) Purchase of agricultural commodities Any agricultural commodities purchased by a Indian entity under the subsection shall— (i) be domestically produced; (ii) shall not result in a material increase or decrease in the total amount of food in the food package of that Indian entity compared to the amount of food the Secretary authorizes to be provided through the FDPIR Guide Rate; and (iii) be of similar or higher nutritional value as the type of agricultural commodities that would be supplanted in the existing food package for that Indian entity or be an agricultural commodity with Tribal significance to that Indian entity. (E) Report Not later than 1 year after the effective date of this paragraph 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 by Indian entities under self-determination contracts and self-governance agreements during the preceding year..