June 12, 2025
Ms. Davids of Kansas (for herself and Mr. Lucas) introduced the following bill; which was referred to the Committee on Agriculture
To amend the Food and Nutrition Act of 2008 to authorize the Secretary of Agriculture to enter into self-determination contracts and self-governance agreements with Indian entities to administer the food distribution program on Indian reservations.
Section 1. Short title
This Act may be cited as the Food Distribution Program on Indian Reservations (FDPIR) Act of 2025
.
Sec. 2. 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 entitymeans 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 contractandself-governance funding agreementhas 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.
Sec. 3. Application of governing law
The negotiation, execution, and flexible administration of all self-determination or self-governance agreements authorized under this paragraph (7) shall be governed by the requirements of title I with respect to self-determination agreements, or title IV with respect to self-governance agreements, of the Indian Self-Determination and Education Assistance Act of 1975 and the regulations duly promulgated thereunder by the Department of the Interior. The application of such statutory and regulatory provisions shall be adapted to the Department of Agriculture programs, functions, services, and activities only with the negotiated consent of the Indian entity affected, on a case by case basis. All such adaptations shall adhere to the rule of construction in section 406(i) of such Act (25 U.S.C. 5366(i)) that each provision shall be liberally construed for the benefit of the Indian entity and any ambiguity shall be resolved in factor of the Indian entity.
Sec. 4. Termination of demonstration program
Demonstration projects under section 4003(b) of the Agriculture Improvement Act of 2018 (7 U.S.C. 2013 note) shall cease to be effective beginning on the date following the end of the period of performance for all Tribes holding contracts under such section.