# Title 67 — Public Instruction, Superintendent of

## Article 67-21 — School Food Programs

## Chapter 67-21-07 — Food Distribution on Indian Reservations

Distribution
### § 67-21-07-01. Purpose.

The food distribution program on Indian reservations, initiated at the federal level and in partnership
with the states, authorizes the receipt and distribution of United States department of agriculture foods
by state agencies to tribal organizations.
History: Effective February 1, 2000; amended effective January 1, 2020.
General Authority: NDCC 15.1-35-03, 28-32-02
Law Implemented: NDCC 15.1-35-03; 7 CFR 253.1
### § 67-21-07-02. State agency.

The department of public instruction has been designated by the United States department of
agriculture as the state agency in the state of North Dakota to assist in the implementation,
maintenance, and funding of the program for tribal organizations that wish to participate in this
program.
History: Effective February 1, 2000.
General Authority: NDCC 15.1-35-03, 28-32-02
Law Implemented: NDCC 15.1-35-03; 7 CFR 253.3
### § 67-21-07-03. Use of federal rules and policies.

Unless otherwise specified in this chapter, eligibility to participate in the food distribution program
on Indian reservations is governed by federal rules. The tribal organization shall conform to lawfully
issued rules and policies relating to the food distribution program.
History: Effective February 1, 2000; amended effective January 1, 2020.
General Authority: NDCC 15.1-35-03, 28-32-02
Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 253
### § 67-21-07-04. Availability of United States department of agriculture foods, storage, and

distribution.
Tribal organizations are eligible to receive United States department of agriculture foods that are
made available under the Food and Nutrition Act of 2008. Shipments of United States department of
agriculture foods to tribal organizations must be made under the terms of the existing state
transportation contract and in accordance with a schedule jointly determined by the department and the
tribal organization. Tribal organizations shall maintain control of and accountability for United States
department of agriculture foods, conduct inventories as necessary, provide and maintain adequate and
appropriate storage facilities, and distribute the United States department of agriculture foods to
individuals on the basis of established eligibility.
History: Effective February 1, 2000; amended effective January 1, 2020.

General Authority: NDCC 15.1-35-03, 28-32-02
Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 253.10
### § 67-21-07-04.1. Eligibility.

Within the United States department of agriculture, the food and nutrition service determines if an
Indian tribal organization is capable of effective and efficient administration of the program. If the food
and nutrition service determines the Indian tribal organization is not capable of effective and efficient
administration of the program, the appropriate agency of the state government is responsible for the
program on all or part of the Indian reservation. The appropriate agency of the state government may
administer the program on behalf of an otherwise capable tribe if agreed to in writing by both parties.
History: Effective January 1, 2020.
General Authority: NDCC 15.1-35-03; 28-32-02
Law Implemented: NDCC 15.1-35-03; 7 CFR 253.4
### § 67-21-07-04.2. Monitoring.

The department of public instruction shall conduct annual onsite reviews of tribal organization
program operations, as specified in the federal regulations, for the purpose of providing guidance and
technical assistance to local agencies. All reviews must ensure tribal organizations meet program
requirements and objectives. Program deficiencies must be documented and specific plans of
corrective action for deficiencies must be established and implemented.
History: Effective January 1, 2020.
General Authority: NDCC 15.1-35-03; 28-32-02
Law Implemented: NDCC 15.1-35-03; 7 CFR 253.5
### § 67-21-07-05. Administrative payments.

The department shall reimburse tribal organizations not considered to be Indian tribal organizations
for costs that are allowable under federal rule 7 CFR 253.11, in accordance with the approved tribal
organization budget. The department also shall use administrative funds to cover all warehouse and
transportation expenses for those Indian tribal organizations that receive United States department of
agriculture foods from the state contracted warehouse facility.
History: Effective February 1, 2000; amended effective January 1, 2020.
General Authority: NDCC 15.1-35-03, 28-32-02
Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 253.11
