# Presentation: 288884

## Urban Place Waivers

**Notes:**
Good Morning.  I’m Nancy Theodore, and I work for the USDA Food and Nutrition Service in the Policy Branch that handles FDPIR and other commodity programs.

Today we’re going to explore urban place waivers.

## What we’ll cover:

- What is an urban place?
- Why are urban place waivers needed?
- Who may request a waiver?
- What are the criteria used in the waiver approval process?
- What information should be submitted as part of the waiver request?

**Notes:**
We’ll cover what urban places are;

Why waivers are needed;

Who can request a waiver;

What criteria FNS uses in reviewing waiver requests;

And what information you should include if you submit a waiver request.

## What is an urban place?An urban place is a town or city witha population of 10,000 or more

**Notes:**
First, what is an urban place?

The FDPIR regulations at 7 CFR 253.2 and 254.2 define it as a town or city with a population of 10,000 or more.

## Background

- Food assistance programs on reservations existed prior to 1977
- The Food Distribution Program on Indian  Reservations (FDPIR), as it exists today, was established in 1977 by federal legislation:
- 	- Section 4(b) of the Food Stamp Act of 1977 (Public Law 95-113)

**Notes:**
As you all know, there have been commodity programs on reservations for years.

But, FDPIR, as you know it, didn’t exist until Congress passed the Food Stamp Act of 1977 (also known as Public Law 95-113)  

And as some of you may remember, FDPIR really began on June 19, 1979 when the final rule was implemented. 

## Congress established FDPIR in 1977 with the intention that:

- Tribes could choose to have FDPIR as an alternative to the Food Stamp Program for low-income families living on reservations
- The Food Stamp Program would continue to serve low-income families off reservation

**Notes:**
Public Law 95-113, let Tribes choose to have FDPIR as an alternative to the Food Stamp Program for low-income families living on the reservation.

Congress wanted the Food Stamp Program to be the primary food assistance program that would serve low-income families in all off reservation areas.

## Reservation Near Areas

- Housing shortages and other economic reasons often compel tribal members to live off reservation
- USDA will approve Tribes to serve low-income households in areas that are near the reservations [7 CFR 253.4(d)]
- The Tribe’s Plan of Operation must define the near areas

**Notes:**
On many reservations, tribal members may have to live off reservation due to housing shortages or other reasons, such as lack of employment opportunities.

So FNS will approve Tribes to serve low-income families in areas that are off but near the reservation.  

Per 7 CFR 253.4(d) your Plan of Operation must describe the geographic boundaries of the near areas. 

## What about the Oklahoma Tribes?

- Section 4(b) of Public Law 95-113 states that Tribes _with reservations_ may choose to participate in FDPIR
- Most Tribes in Oklahoma do                       not have reservation land
- In 1981 Congress passed legislation to fix the technicality
- Section 1336 of Public Law 97-98 specifically allowed Tribes in Oklahoma to also participate in FDPIR

**Notes:**
Public Law 95-113 is very clear that Tribes with reservations may choose to have FDPIR.

But what about the Tribes in Oklahoma that do not have reservation land?

In 1981, Congress passed Public Law 97-98, which fixed that technicality.

Section 1336 of Public Law 97-98 allows the Tribes in Oklahoma that do not have traditional reservation boundaries to also participate in FDPIR.

This is why we have two sets of regulations—7 CFR Parts 253 and 254.  Part 253 outlines the basic rules for FDPIR and Part 254 implemented Public Law 97-98 and incorporated the Oklahoma Tribes without reservation land into FDPIR.

## Oklahoma Service Areas

- In Oklahoma, Tribes may be approved to operate FDPIR in “FNS service areas”
- FNS service areas are generally consistent with the Bureau of Indian Affairs service area boundaries of each Tribe
- The Tribe’s Plan of Operation must define the FNS service area

**Notes:**
So in Oklahoma, those Tribes without reservation land may be approved to operate FDPIR in “FNS service areas.”

FNS service areas are generally consistent with the service area boundaries recognized by BIA for each Tribe.

Each Tribe’s Plan of Operation describes the geographic boundaries of its FNS service area.

## Why are waivers needed for urban places?

- These are usually non-reservation areas where Food Stamp Program services are readily accessible to low-income families
- Congress envisioned the Food Stamp Program as the nation’s primary food assistance program
- FDPIR serves as an alternative to the Food Stamp Program on reservations and for Oklahoma Tribes without reservation land

**Notes:**
So why are waivers needed for urban places?

The short answer is that urban places are usually non-reservation areas where the Food Stamp Program is readily accessible to low-income families.

Remember that I mentioned that FDPIR began in 1977 with the passage of the Food Stamp Act.

Well Congress’ original intent was to do away with all commodity programs and just have the Food Stamp Program as the nation’s primary food assistance program.  And it passed a law to do just that.  

But, many of the Tribes did not want to give up the commodity program that was in existence at that time, so they spoke up.  

Hearings were held across the country, and as a result Congress changed its plan and established FDPIR as an alternative to the Food Stamp Program for those Tribes that want it.

So today, we have about 77% of the Tribes in the Continental United States that participate in FDPIR, and this year the program is expanding to villages in Alaska.

- For urban places on reservations, no waivers are needed
- A waiver must be granted to expand FDPIR service to any urban place located off reservation
- A waiver must be granted to expand FDPIR service to any urban place located within the jurisdictional area of an Oklahoma Tribe without reservation land

**Notes:**
Now, for urban areas on a reservation, no special waiver is needed.  

For example, if there is a town of 11,000 people on your reservation, you do not need to request a waiver to provide service to that town.

A waiver is needed if you are a Tribe with reservation land and you want to expand service to an urban area off reservation.  

For example, if there is a town of 13,000 people 20 miles outside your reservation, you would have to request a waiver to be able to provide service to that town.  

For Oklahoma Tribes without reservation land, you must request a waiver for all urban places within your BIA service area.  

This means that for some Oklahoma Tribes, they must request a waiver to be able to serve the towns where their tribal governments and tribal service centers are located. 

## Grandfather Clause

_**No**_ waiver is needed for any area previously approved for FDPIR service, if the population of that area grows to         above 10,000 people

**Notes:**
We have a grandfather clause, so you don’t need to request a waiver for any area that you are already serving, if the population of that area grows to above 10,000 people.

## Who may request a waiver?

_**Tribes with Reservation Land**_: All FDPIR program administrators that wish to serve an urban place outside the reservation
_**Oklahoma Tribes without Traditional Reservation Land**_: All FDPIR program administrators that wish to serve an urban place located within the Tribe’s jurisdictional area

**Notes:**
If you are a Program Director of a Tribe that has reservation land, you can request a waiver if you would like to expand service to an urban area outside your reservation.  

If you are a Program Director of a Tribe that does not have reservation land, you can request a waiver to serve an urban area within your BIA service area.

## Urban Place Waiver Requests1982-2007

| 
Region | Requests
Submitted | 
Denied | Approved/
Partially Approved | 
Pending |
| --- | --- | --- | --- | --- |
| Northeast | 0 | 0 | 0 | 0 |
| Southeast | 1 | 0 | 1 | 0 |
| Midwest | 12 | 8 | 4 | 0 |
| Mountain Plains | 2 | 1 | 1 | 0 |
| Southwest | 13 | 4 | 8 | 1 |
| Western | 12 | 5 | 7 | 0 |
| Total | 40 | 18 | 21 | 1 |

**Notes:**
Lets look at the urban waiver requests that have been submitted.

The first was received in 1982.

A total of 40 waiver requests have been received; 45% have been denied; 53% have been either partially or fully approved.  Sometimes an ITO will request expansion to several urban places and we approved some but not all.

We have one urban place waiver request that is under review.

## What is the criteria used in the waiver approval process?

- Criterion #1:
- Is the proposed FDPIR site more accessible to potential FDPIR participants than Food Stamp Program services (e.g., grocery stores that transact EBT cards)?

**Notes:**
FNS looks for specific things when reviewing a urban place waiver request.

First, we want to know if the proposed FDPIR distribution site is going to be more accessible to potential FDPIR participants than the Food Stamp Program.

Is the proposed FDPIR distribution site easier to access than grocery stores that accept food stamp EBT cards?

This goes back to Congress’ intent that the Food Stamp Program be the primary food assistance program for low-income families that live off reservation.

## Criterion #2:

- Are there sufficient potential FDPIR participants in the urban place (or concentrations in specific locales in the urban place) to warranted expansion of FDPIR service to the urban place?

**Notes:**
You may have heard the expression, “Build it and they will come.”  Well, we want to know if there are sufficient potential FDPIR participants to warrant expansion of the program to a new area.  

## Criterion #3:

- Is the proposed FDPIR site located near health and other social services accessed by potential FDPIR participants, and will the proposed FDPIR site yield improved nutrition/health status for participants?

**Notes:**
Finally, we want to know if the proposed FDPIR distribution site will be located near health and other social services that are generally used by potential FDPIR participants.  

Co-location of FDPIR with other services could yield improved nutrition/health status for participants, especially those with transportation and/or mobility issues.

Participants can schedule health appointments and other services on the same day they pick up their commodities. 

## What information should be submitted as part of the waiver request?

- Map (with mileage scale) or description of the geographical boundaries of the urban place (or parts thereof) to be served
- Map (with mileage scale) showing where potential FDPIR participants are concentrated
- Map (with mileage scale) showing the location of the Food Stamp Program offices and grocery stores in relation to the concentrations of potential FDPIR participants
- Map (with mileage scale) showing the location of health and social services commonly accessed by potential FDPIR participants

**Notes:**
Your Regional Office can help you with your urban place waiver request.

Your request should describe the urban area you want to serve and why.

The following information will be helpful to FNS in reviewing your request:

A map or description of the urban place

A map showing where potential FDPIR participants are concentrated.  For example, the map could show the location of low-income/elderly housing.

A map showing the location of food stamp offices and grocery stores in relation to the concentrations of potential FDPIR participants.

A map showing the location of health and social services used by potential FDPIR participants.

- Description of the distribution system (e.g., tailgate operation or new store) and location of the proposed FDPIR site in relation to the concentrations of potential FDPIR participants
- Other relevant demographic/economic information (e.g., unemployment rate; business closings; Census data on number of persons/ families below the poverty level; grocery store closings; availability of public transportation to grocery stores/proposed FDPIR site)

**Notes:**
A description of the distribution system to be used in the urban area.  Will it be a tailgate site or a new store?

The location of the proposed FDPIR distribution site in relation to the concentrations of potential FDPIR participants.

Demographic data on the total population and the Native American population in the urban area.

Other relevant information, such as unemployment rates; business closings; Census data on poverty levels; grocery store closings; availability of public transportation to the grocery stores and the proposed FDPIR distribution site.

- The number of participants expected to be served by FDPIR in the urban place
- Projected costs for additional staff and equipment needed to serve the urban place
**NOTE**: The allocation of federal administrative funding to support expansion of service to urban places is subject to the availability of funds.  USDA cannot guarantee that additional funds will be available if waivers are granted after initial allocations have been made each fiscal year.

**Notes:**
The number of participants expected to be served in the urban area.

Projected costs for additional staff and equipment needed to serve the urban area.

Note: Additional funding to support your waiver request is subject to availability.  If your waiver is approved after funds have been allocated, we cannot guarantee that funds will be available that fiscal year to support the expansion.  

## Questions?