[Federal Register Volume 64, Number 5 (Friday, January 8, 1999)]
[Rules and Regulations]
[Pages 1097-1098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-395]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 64, No. 5 / Friday, January 8, 1999 / Rules
and Regulations
[[Page 1097]]
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DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
7 CFR Part 254
RIN 0584-AB56
Food Distribution Programs: FDPIHO--Oklahoma Waiver Authority
AGENCY: Food and Nutrition Service, USDA.
ACTION: Direct final rule.
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SUMMARY: This direct final rule amends the regulations for the Food
Distribution Program for Indian Households in Oklahoma (FDPIHO). It
reinstates the Food and Nutrition Service's authority to grant waiver
requests from Indian Tribal Organizations in Oklahoma to allow Indian
tribal households living in urban places to participate in FDPIHO.
DATES: In accordance with the parameters set forth in 62 FR 55141
(October 23, 1997), ``Use of Direct Final Rulemaking,'' this rule will
become effective on March 9, 1999, unless the Department receives
written adverse comments or notices of intent to submit adverse
comments postmarked on or before February 8, 1999. If adverse comments
within the scope of the rulemaking are received, the Department will
publish timely notification of withdrawal of this rule in the Federal
Register.
ADDRESSES: Comments should be sent to Lillie F. Ragan, Assistant Branch
Chief, Household Programs Branch, Food Distribution Division, Food and
Nutrition Service, U.S. Department of Agriculture, Room 502, 3101 Park
Center Drive, Alexandria, Virginia 22302-1594. Comments in response to
this request may be inspected at 3101 Park Center Drive, Room 502,
Alexandria, Virginia, during normal business hours (8:30 a.m. to 5
p.m., Mondays through Fridays).
FOR FURTHER INFORMATION CONTACT: Lillie F. Ragan at the above address
or telephone (703) 305-2662.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This direct final rule has been determined to be not significant
for purposes of Executive Order 12866 and, therefore, has not been
reviewed by the Office of Management and Budget.
Public Law 104-4
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.
L. 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, the
Food and Nutrition Service generally must prepare a written statement,
including a cost-benefit analysis, for proposed and final rules with
``Federal mandates'' that may result in expenditures to State, local,
or tribal governments, in the aggregate, or to the private sector, of
$100 million or more in any one year. When such a statement is needed
for a rule, section 205 of the UMRA generally requires the Food and
Nutrition Service to identify and consider a reasonable number of
regulatory alternatives and adopt the least costly, more cost-effective
or least burdensome alternative that achieves the objectives of the
rule.
This rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, and tribal
governments or the private sector of $100 million or more in any one
year. Thus, this rule is not subject to the requirements of sections
202 and 205 of the UMRA.
Executive Order 12372
The program addressed in this action is listed in the Catalog of
Federal Domestic Assistance under No. 10.570, and is subject to the
provisions of Executive Order 12372, which requires intergovernmental
consultation with State and local officials (7 CFR Part 3015, Subpart
V, and final rule-related notices published at 48 FR 29114, June 24,
1983, and 49 FR 22676, May 31, 1984).
Regulatory Flexibility Act
This rule has been reviewed with regard to the requirements of the
Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612). The
Administrator of the Food and Nutrition Service has certified that this
action will not have a significant impact on a substantial number of
small entities. While Indian Tribal Organizations that administer FDPIR
and program participants within the State of Oklahoma will be affected
by this rulemaking, any economic effect will not be significant.
Executive Order 12988
This direct final rule has been reviewed under Executive Order
12988, Civil Justice Reform. The rule is intended to have preemptive
effect with respect to any State or local laws, regulations or policies
which conflict with its provisions or which would otherwise impede its
full implementation. This rule is not intended to have retroactive
effect. There are no administrative procedures which must be exhausted
prior to any judicial challenge to the provisions of this rule or the
applications of its provisions.
Paperwork Reduction Act
This final rule reflects no new information collection requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3507).
Background
This direct final rule amends the FDPIHO regulations at 7 CFR
254.5(b). It reinstates the Food and Nutrition Service's (FNS)
authority to grant waiver requests from Indian Tribal Organizations
(ITOs) in Oklahoma to allow Indian tribal households living in urban
places to participate in FDPIHO.
Part 253 of Title 7 of the Code of Federal Regulations contains the
regulatory requirements for the implementation and operation of the
Food Distribution Program on Indian Reservations (FDPIR) throughout the
nation. However, the unique status of Indian land holdings in Oklahoma
made it difficult to apply all of the provisions of Part 253 in that
State. Much of the former reservation land in Oklahoma has been
conveyed into the public domain. Part 254 of Title 7 resolves those
difficulties by authorizing a Food Distribution Program for Indian
tribal households in Oklahoma based on the unique circumstances of that
State. All of the provisions of Part 253 apply to Part 254, except as
specifically changed by Part 254.
[[Page 1098]]
On April 2, 1982, the Department issued final regulations (47 FR
14135) at 7 CFR 253.4(d) prohibiting Indian tribal households living in
urban places (towns or cities with a population of 10,000 or more)
outside reservation boundaries from participating in FDPIR. Because of
the almost total absence of reservations in Oklahoma, the Department
changed this policy in that State to apply to all urban places (7 CFR
254.5(b)). The Department implemented these requirements to support the
basic purpose of FDPIR as an alternative to the Food Stamp Program--the
primary Federal food assistance program. FDPIR was originally
authorized out of concern that American Indians living on or near
reservations may not have ready access to Food Stamp Program offices,
or to food stores that are authorized to accept food stamps and have
reasonable prices. However, FDPIR was not intended to replace the Food
Stamp Program, particularly in urban areas. The Department believed
that American Indian households living in off-reservation urban areas
have reasonable access to food stamp services, and therefore, an
alternative to the Food Stamp Program would not be needed for these
households. Nevertheless, the regulations granted FNS the authority to
approve exemption requests from ITOs that provide proper justification
(see 7 CFR 253.4(d) and 7 CFR 254.5(b)). Since 1982, 16 exemption
requests have been approved, including three from ITOs in Oklahoma.
However, the waiver authority granted under FDPIHO regulations at 7 CFR
254.5(b) expired on September 30, 1985.
This rule reinstates FNS' authority to approve waiver requests from
ITOs in Oklahoma to allow Indian tribal households living in urban
places in that State to participate in FDPIHO. This rulemaking will
provide all ITOs participating under either Part 253 or 254 with an
equal opportunity to request waivers.
List of Subjects in 7 CFR Part 254
Administrative practice and procedure, Food assistance programs,
Grant programs, Social programs, Indians, Reporting and recordkeeping
requirements, Surplus agricultural commodities.
Accordingly, 7 CFR Part 254 is amended as follows:
PART 254--ADMINISTRATION OF THE FOOD DISTRIBUTION PROGRAM FOR
INDIAN HOUSEHOLDS IN OKLAHOMA
1. The authority citation for Part 254 continues to read as
follows:
Authority: Pub L. 97-98, sec. 1338; Pub. L. 95-113.
Sec. 254.5 [Amended]
2. In Sec. 254.5, remove the last sentence of paragraph (b).
Dated: December 4, 1998.
Samuel Chambers, Jr.,
Administrator, Food and Nutrition Service.
[FR Doc. 99-395 Filed 1-7-99; 8:45 am]
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