Notice2024-30577
Request for Information: Child Nutrition Programs Tribal Pilot Projects
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 23, 2024
Issuing agencies
Agriculture DepartmentFood and Nutrition Service
Abstract
This is a Request for Information to inform the U.S. Department of Agriculture's (USDA's) development of the Child Nutrition Programs Tribal Pilot Projects, as authorized in the Consolidated Appropriations Act, 2024. The Act authorized USDA to conduct pilot projects to allow one or more Tribes or Tribal organizations to administer one or more Child Nutrition Programs, assuming the roles and responsibilities typically held by State agencies. USDA will use comments received in response to this Request for Information to inform the application process, and eligibility and selection criteria, for the Child Nutrition Tribal Pilot Projects. USDA invites feedback from Tribes; Tribal organizations, leaders, representatives, and associations; State agencies that administer the Child Nutrition Programs; and others interested in opportunities to promote Tribal sovereignty in the operation of the Child Nutrition Programs. This notice is not a request for proposals and does not commit the Government to issue a solicitation, make an award, or pay any costs associated with responding to this announcement. All submitted information will remain with the Government and will not be returned.
Full Text
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<title>Federal Register, Volume 89 Issue 246 (Monday, December 23, 2024)</title>
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[Federal Register Volume 89, Number 246 (Monday, December 23, 2024)]
[Notices]
[Pages 104513-104515]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30577]
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DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
Request for Information: Child Nutrition Programs Tribal Pilot
Projects
AGENCY: Food and Nutrition Service (FNS), USDA.
ACTION: Notice; request for information.
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SUMMARY: This is a Request for Information to inform the U.S.
Department of Agriculture's (USDA's) development of the Child Nutrition
Programs Tribal Pilot Projects, as authorized in the Consolidated
Appropriations Act, 2024. The Act authorized USDA to conduct pilot
projects to allow one or more Tribes or Tribal organizations to
administer one or more Child Nutrition Programs, assuming the roles and
responsibilities typically held by State agencies. USDA will use
comments received in response to this Request for Information to inform
the application process, and eligibility and selection criteria, for
the Child Nutrition Tribal Pilot Projects. USDA invites feedback from
Tribes; Tribal organizations, leaders, representatives, and
associations; State agencies that administer the Child Nutrition
Programs; and others interested in opportunities to promote Tribal
sovereignty in the operation of the Child Nutrition Programs. This
notice is not a request for proposals and does not commit the
Government to issue a solicitation, make an award, or pay any costs
associated with responding to this announcement. All submitted
information will remain with the Government and will not be returned.
DATES: Written comments must be received on or before March 24, 2025.
ADDRESSES: USDA invites the submission of the requested information
through one of the following methods:
<bullet> Federal eRulemaking Portal (preferred method): Go to
<a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online instructions for
submitting comments.
<bullet> Mail: Send written comments to the Child Nutrition
Programs, USDA Food and Nutrition Service, Braddock Metro Center II,
1320 Braddock Place, Alexandria, VA 22314.
All comments submitted in response to this Request for Information
will be
[[Page 104514]]
included in the record and will be made available to the public. Please
be advised that the substance of the comments and the identity of the
individuals or entities submitting the comments will be subject to
public disclosure. All responses will become part of the public record
and will not be held confidential. USDA will make the comments publicly
available via <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Heather Hopwood, School Meals Policy
Division, Child Nutrition Programs, USDA Food and Nutrition Service,
703-305-2054.
SUPPLEMENTARY INFORMATION:
Child Nutrition Programs Administration
Federal Child Nutrition Programs are administered by the U.S.
Department of Agriculture (USDA) Food and Nutrition Service (FNS) and
help to ensure that participants have access to nutritious meals and
snacks in schools, summer programs, child and adult care centers,
family day care homes, and afterschool programs.
Administering the Child Nutrition Programs requires partnership at
many levels. The Richard B. Russell National School Lunch Act specifies
that the Federal Government enters into agreements with State agencies
to administer the Child Nutrition Programs within each State.\1\ USDA
provides administrative funds to State agencies that administer the
Child Nutrition Programs.\2\ State agencies, in turn, establish
agreements with local Program operators, such as school districts and
community organizations, which operate the Child Nutrition Programs and
serve meals to child and adult participants in their communities. State
agencies establish statewide policies and procedures for administering
the Child Nutrition Programs, consistent with Federal requirements;
provide policy guidance, training, and technical assistance to local
Program operators; monitor key aspects of performance by conducting
comprehensive reviews; and report consolidated meal counts to FNS for
reimbursement funds. FNS provides reimbursement to the State agencies,
and State agencies are responsible for paying the Federal reimbursement
to each local Program operator, including Tribal Program operators. In
some States, more than one State agency administers the Child Nutrition
Programs. For example, in a single State, one State agency may
administer the National School Lunch Program, while another State
agency administers the Child and Adult Care Food Program. Nationwide,
there are 70 State agencies that administer the Child Nutrition
Programs. Under the Tribal Pilot Projects, Tribes and/or Tribal
organizations will directly administer one or more Child Nutrition
Programs, assuming the roles and responsibilities typically held by
State agencies.
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\1\ For more information, see the Richard B. Russell National
School Lunch Act, 42 U.S.C. 1756.
\2\ For more information about State Administrative Expense
Funds, see 7 CFR part 235, available at: <a href="https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-A/part-235">https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-A/part-235</a>.
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Child Nutrition Tribal Pilot Projects
Section 758 of the Consolidated Appropriations Act, 2024, Public
Law 118-42 (``The Act''), provided $2 million for Tribal Pilot Projects
that will permit Indian Tribes and/or Tribal organizations to
administer Child Nutrition Programs, assuming the roles and
responsibilities typically held by State agencies.\3\ The Act
authorized a maximum of 10 Tribal Pilot Projects, to operate for up to
two years, with grants ranging from $10,000-$100,000 per school year.
The Act specifies that the following entities may operate Tribal Pilot
Projects:
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\3\ ``Indian Tribe'' has the meaning given the term in section 4
of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
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<bullet> an Indian Tribe, as defined by section 4 of the Indian
Self-Determination and Assistance Act (25 U.S.C. 5304);
<bullet> a Tribal organization approved by an Indian Tribe;
<bullet> a Tribal educational agency;
<bullet> a consortium of Indian Tribes; or
<bullet> a partnership between an Indian Tribe and either:
[cir] a State educational agency,
[cir] a local educational agency,
[cir] a Tribal educational agency, or
[cir] the Bureau of Indian Education.
Grantees may administer one or more of the following Child
Nutrition Programs:
<bullet> National School Lunch Program, as authorized by the
Richard B. Russell National School Lunch Act (42 U.S.C. 1769,
``NSLA'');
<bullet> School Breakfast Program, established by the Child
Nutrition Act of 1966 (42 U.S.C. 1773);
<bullet> Child and Adult Care Food Program, as established under
section 17 of the NSLA (42 U.S.C. 1766); and/or
<bullet> Summer Food Service Program, as established under section
13 of the NSLA (42 U.S.C. 1761).
Finally, grantees may administer Child Nutrition Programs in the
following locations:
<bullet> a school funded by the Bureau of Indian Affairs (as
defined in section 1141 of the Education Amendments of 1978 (25 U.S.C.
2021)); \4\
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\4\ The Education Amendments of 1978 (25 U.S.C. 2021) defines
the term ``Bureau-funded school'' to mean (A) a Bureau school; (B) a
contract or grant school; or (C) a school for which assistance is
provided under the Tribally Controlled Schools Act of 1988 [25
U.S.C. 2501 et seq.].
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<bullet> a school (as defined in section 12(d) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1760(d)) that is on or
near an Indian reservation; or
<bullet> an early child care and education facility.
Input From Tribal Communities
Tribal input is critical to ensure that the Tribal Pilot Projects
reflect the needs of grantees and the communities they serve. In June
2024, FNS engaged in Nation-to-Nation consultation with Tribal leaders
to gather input on the Tribal Pilot Projects. This input also helped to
develop this Request for Information.\5\ To gather additional input,
FNS will organize meetings and listening sessions with Tribes, groups
that represent Tribal food sovereignty, Tribal Child Nutrition Program
operators, and State agencies that administer Child Nutrition Programs
in States that share boundaries with present-day reservations.
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\5\ FNS participated in a Nation-to-Nation Consultation with
Tribal leaders on Self-Determination in Food on June 5, 2024, at the
National Congress of American Indians' Mid-Year Convention in
Cherokee, North Carolina. Additional information is available at:
<a href="https://www.usda.gov/sites/default/files/documents/usda-food-self-determination-framing-paper.pdf">https://www.usda.gov/sites/default/files/documents/usda-food-self-determination-framing-paper.pdf</a>.
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FNS will use information gathered in response to this request to
develop a process under which eligible Tribes and/or Tribal
organizations may apply to operate a Tribal Pilot Project. This Request
for Information will also help FNS understand what (if any) support
eligible Tribes and Tribal organizations may need to successfully
operate a Tribal Pilot Project, and to determine how the Tribal Pilot
Projects will be evaluated.
Maximizing the Value of Public Feedback
USDA invites commenters to respond to any or all of the questions
below. Responses to the questions below will be especially helpful to
FNS as the Agency works to implement the Child Nutrition Tribal Pilot
Projects.\6\ FNS
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encourages public comment on these questions and seeks any other
information relevant to the Child Nutrition Tribal Pilot Projects. FNS
seeks public input to ensure that the Tribal Pilot Projects support
Tribal sovereignty and nutrition security and best serve the
communities in which they will operate. With these general interests in
mind, FNS seeks input on the following questions:
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\6\ Section 758 of the Consolidated Appropriations Act, 2024,
Public Law 118-42 provides $2 million for pilot projects to Tribes
and/or Tribal organizations to operate Child Nutrition Programs as
State agencies. The Act authorized a maximum of 10 pilot projects,
to operate for up to two years, in Bureau of Indian Education-funded
schools, schools on or near Indian reservations, or in early child
care and education facilities. Grants from $10,000-$100,000 per
school year are authorized.
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Questions for Commenters
1. The Consolidated Appropriations Act, 2024, identifies the
entities that may operate and implement the Tribal Pilot Projects.
What, if any, additional criteria should be established for a Tribe
and/or Tribal organization to be considered eligible to participate in
the pilot projects?
2. Are there any specific criteria that should be prioritized in
the selection process? For example, should FNS give priority to a Tribe
or Tribal organization with experience operating a Child Nutrition
Program, or other FNS nutrition assistance program, or to a pilot
project that is implemented by a group of Tribes or Tribal
organizations?
3. A Tribe or Tribal organization may partner with a State
educational agency, a local educational agency, a tribal educational
agency, or the Bureau of Indian Education to administer Child Nutrition
Programs.
a. How might Tribes or Tribal organizations partner with each of
these entities?
b. Should FNS consider any criteria or parameters regarding
partnerships?
4. Considering the State agency roles and responsibilities
referenced in the Child Nutrition Programs Administration section of
this Request for Information, what support (if any) might Tribes and
Tribal organizations need to implement the Tribal Pilot Projects and
administer one or more Child Nutrition Programs?
5. Given the amount of funding available and timeframe for
implementation, should FNS:
a. Limit grantees to administering only one Child Nutrition
Program?
b. Permit grantees to administer only part of a Child Nutrition
Program? If yes, what opportunities or challenges might partial
administration present?
6. How can FNS best ensure that Tribes or Tribal organizations have
access to staff, technology, and financial support needed to
successfully administer Child Nutrition Programs?
7. Should FNS fund as many pilot projects as possible (up to 10) in
the first year? Or should FNS fund a limited number of projects in the
first year, with future projects funded in subsequent years, to
incorporate best practices and lessons learned as pilot projects
evolve?
8. What outcomes should FNS measure to evaluate the Tribal Pilot
Projects? How should FNS measure sustainability or feasibility of long-
term implementation?
9. Is there anything else FNS should consider when implementing the
Tribal Pilot Projects?
Disclaimers: This is a Request for Information. This is not a
Request for Proposals or a Request for Applications and is not to be
construed as a commitment by the U.S. Government to issue any
solicitation or Notice of Funding Opportunity, or ultimately award a
contract or assistance agreement based on this Request for Information,
or to pay for any information voluntarily submitted as a result of this
request. The USDA posts its competitive business opportunities on
<a href="http://www.grants.gov">www.grants.gov</a>. It is the potential offeror's/applicant's
responsibility to monitor these sites for announcements of new
opportunities. Please note that responding to this Request for
Information will not give any advantage to any organization or
individual in any subsequent competition. Responses may be used by USDA
without restriction or limitation, therefore proprietary information
should not be sent.
Collection of Information Requirements: This document does not
impose information collection requirements, that is, reporting,
recordkeeping or third-party disclosure requirements. However, this
document does contain a general solicitation of comments in the form of
a Request for Information. In accordance with implementing regulations
of the Paperwork Reduction Act of 1995, specifically 5 CFR
1320.3(h)(4), this general solicitation is exempt from the Paperwork
Reduction Act. Facts or opinions submitted in response to general
solicitations of comments from the public, published in the Federal
Register or other publications, regardless of the form or format
thereof, provided that no person is required to supply specific
information pertaining to the commenter other than that necessary for
self-identification, as a condition of the Agency's full consideration,
are not generally considered information.
Tameka Owens,
Acting Administrator and Assistant Administrator, Food and Nutrition
Service.
[FR Doc. 2024-30577 Filed 12-20-24; 8:45 am]
BILLING CODE 3410-30-P
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