Code of Federal Regulations Title 7. Agriculture § 7.254.3 Administration by an ITO

(a) Applicability of part 253. All of the provisions of part 253 are herein incorporated and apply to part 254, except as specifically modified by part 254.

(b)Section 253.4 Administration, does not apply and is replaced by § 254.3.

(c) Federal administration. Within the Department of Agriculture, the Food and Nutrition Service (FNS), shall be responsible for the Food Distribution Program. FNS shall have the power to determine the amount of any claim and to settle and adjust any claim against an ITO.

(d) ITO administration. The ITO, acting as State agency, shall be responsible for the Food Distribution Program within the approved FNS service areas if FNS determines the ITO capable of effective and efficient administration.

(e) Qualification as an ITO. The ITO of a tribe in Oklahoma must document to the satisfaction of FNS that the ITO meets the definition of an ITO in § 254.2, is organized under the provisions of the Oklahoma Indian Welfare Act of 1936 or has a tribal organization established and approved under BIA regulations.