Food Distribution Program on Indian Reservations (FDPIR) Act of 2025

#3956 | HR Congress #119

Policy Area: Native Americans
Subjects:

Last Action: Referred to the House Committee on Agriculture. (6/12/2025)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary

The "Food Distribution Program on Indian Reservations (FDPIR) Act of 2025" aims to amend the Food and Nutrition Act of 2008 by enabling the Secretary of Agriculture to enter into self-determination contracts and self-governance agreements with Indian entities, such as Indian Tribes and Tribal Organizations. This legislation is designed to empower these entities to administer the food distribution program on their reservations, allowing for greater autonomy in managing food resources.

Key provisions include:

1. **Eligibility and Definition**: The Act defines "Indian entity" and establishes criteria for eligibility based on existing Indian self-determination laws, presuming that Indian entities meeting these criteria can administer food distribution programs.

2. **Administration and Negotiation**: The Secretary of Agriculture is tasked with negotiating contracts that allow Indian entities to purchase agricultural commodities for their food distribution programs, ensuring that the commodities are domestically produced and nutritionally adequate.

3. **Reporting**: The Secretary must report annually to Congress on the activities undertaken by Indian entities under these agreements.

4. **Governance**: The Act stipulates that all agreements will be governed by the Indian Self-Determination and Education Assistance Act, ensuring that the administration of these contracts is flexible and tailored to the needs of the Indian entities.

5. **Termination of Previous Programs**: The Act also terminates certain demonstration projects established under previous legislation, streamlining the management of food distribution on Indian reservations.

Overall, this legislation seeks to enhance the efficiency and effectiveness of food distribution programs on Indian reservations by fostering self-governance and local management.

Possible Impacts

The "Food Distribution Program on Indian Reservations (FDPIR) Act of 2025" introduces several changes that could significantly affect individuals and communities on Indian reservations. Here are three examples of how this legislation may impact people:

1. **Empowerment of Tribal Governments**: By allowing Indian entities to enter into self-determination contracts and self-governance agreements, the legislation empowers tribal governments to manage their own food distribution programs. This can lead to more culturally appropriate and relevant food options that meet the specific nutritional needs of the community and reflect their traditions. Such empowerment can foster a sense of autonomy and self-governance among tribal members, enhancing community pride and identity.

2. **Increased Access to Nutritious Food**: The provision that agricultural commodities purchased by Indian entities must be domestically produced and of similar or higher nutritional value than existing food packages can potentially improve the quality of food available to individuals on reservations. This means that tribal communities might gain access to fresher and healthier food options, which can contribute to better overall health outcomes and help address issues such as food insecurity and nutrition-related diseases prevalent in many Indigenous populations.

3. **Economic Opportunities for Local Farmers**: The requirement for agricultural commodities to be domestically produced could create economic opportunities for local farmers and tribal producers. By purchasing food from local sources, tribes can support their own economies, create jobs, and foster sustainable agricultural practices. This can lead to a more resilient local food system, reducing dependency on external suppliers and enhancing food sovereignty within the community.

Overall, these changes aim to enhance the food sovereignty of Indian reservations, improve food access, and promote economic self-sufficiency.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3956 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 3956

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 12, 2025

    Ms. Davids of Kansas (for herself and Mr. Lucas) introduced the 
   following bill; which was referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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 
                        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.''.

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.
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