§5930. Reservation extension agents

(a) Establishment

The Secretary of Agriculture, acting through the Extension Service, shall establish appropriate extension education programs on Indian reservations and tribal jurisdictions. In establishing these extension programs, the Secretary shall consult with the Bureau of Indian Affairs, the Intertribal Agriculture Council, and the Southwest Indian Agriculture Association, and shall make such interagency cooperative agreements or memoranda of understanding as may be necessary. The programs to be developed and delivered on reservations and within tribal jurisdictions shall be determined with the advice and counsel of reservation or tribal program advisory committees.

(b) Administration and management

Extension agents shall be employees of, and administratively responsible to, the Cooperative Extension Service of the State within which the reservation or tribal jurisdiction is located, and employment and personnel management responsibilities shall be vested with the State Cooperative Extension Service. In cases where a reservation or tribal jurisdiction is located in two or more States, the Secretary of Agriculture shall make the determination of administrative responsibility, including possible divisions along State boundaries.

(c) Advisory committees

At the request of a State Extension Director, and with the assistance of the tribal authorities, the Secretary of Agriculture may form an advisory committee to give overall policy and program advice to that State Extension Director with regard to programs conducted on reservations or within tribal jurisdictions. Program advisory committees may be formed to assist extension staff in development and conduct of program activities.

(d) Staffing

Insofar as possible, agent and specialist staff shall include individuals representative of the tribal grouping being served. Programs shall emphasize training and employment of local people in positions such as program aides, master gardeners, and volunteers. Staffing at a particular location shall be dependent on the needs and priorities of that location, as identified by the advisory committees and the State Extension Director, and the Director may make use of existing personnel and facilities as appropriate.

(e) Placing of agents

The number of offices and their placement shall be jointly determined by the State Extension Directors and tribal authorities of the respective States by taking into consideration the agricultural acreage within the boundaries of an Indian reservation or tribal jurisdiction, the soil classifications of such acreage, and the population of such reservation or tribal jurisdiction.

(f) Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this section.

(Pub. L. 101 624, title XVI, §1677, Nov. 28, 1990, 104 Stat. 3779; Pub. L. 102 237, title IV, §407(15), Dec. 13, 1991, 105 Stat. 1865.)

Amendments

1991-Subsec. (a). Pub. L. 102 237, §407(15)(A), (B), substituted "reservation" for "Reservation" and "reservations" for "Reservations" wherever appearing.

Subsec. (b). Pub. L. 102 237, §407(15)(A), substituted "reservation" for "Reservation" in two places.

Subsec. (c). Pub. L. 102 237, §407(15)(C), substituted "tribal" for "Tribal" after "assistance of the".

Subsec. (e). Pub. L. 102 237, §407(15)(A), substituted "reservation" for "Reservation" in two places.

Indian Subsistence Farming Demonstration Grant Program

Subtitle C (§§931 939) of title IX of Pub. L. 102 237 provided that:

"SEC. 931. PURPOSES.

"The purposes of this subtitle are to-

"(1) provide technical assistance and training through the Extension Service in the Department of Agriculture to Indian tribes and Alaska Natives for the development and operation of subsistence farming programs to improve the nutritional health of Indians living on or near Indian reservations;

"(2) establish the Indian subsistence farming demonstration grant program within the Department of Agriculture; and

"(3) provide a supplemental source of fresh produce for Indians and Alaska Natives who-

"(A) have special dietary needs;

"(B) are participating in-

"(i) the food stamp program established under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.); or

"(ii) the food distribution program on Indian reservations established under section 4(b) of such Act (7 U.S.C. 2013(b)); or

"(C) have income below 185 percent of the poverty line referred to in section 5(c)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2014(c)(1)).

"SEC. 932. DEFINITIONS.

"For the purposes of this subtitle:

"(1) Eligible recipient.-The term 'eligible recipient' means an Indian who-

"(A) is identified by the Secretary as having special dietary needs;

"(B) is participating in-

"(i) the food stamp program established under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.); or

"(ii) the food distribution program on Indian reservations established under section 4(b) of such Act (7 U.S.C. 2013(b)); or

"(C) has income below 185 percent of the poverty line referred to in section 5(c)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2014(c)(1)).

"(2) Indian.-The term 'Indian' means a person who is a member of an Indian tribe, or who is an Alaska Native and a member of a Regional Corporation (as defined in section 3(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(g))[)].

"(3) Indian reservation.-The term 'Indian reservation' has the same meaning given to the term 'reservation' under section 3(d) of the Indian Financing Act of 1974 (25 U.S.C. 1452(d)).

"(4) Indian tribe.-The term 'Indian tribe' means any Indian tribe, band, nation, or other organized group or community (including any Alaska Native village, Regional Corporation, or Regional Corporation (as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.))[)], which is recognized as eligible for the special services provided by the United States to Indians because of their status as Indians.

"(5) Inter-tribal consortium.-The term 'inter-tribal consortium' means a partnership between-

"(A) an Indian tribe or tribal organization on an Indian reservation; and

"(B) one or more Indian tribes or tribal organizations of other Indian tribes.

"(6) Program.-The term 'program' means any subsistence farming program funded or assisted under this subtitle.

"(7) Secretary.-The term 'Secretary' means the Secretary of Agriculture.

"SEC. 933. INDIAN SUBSISTENCE FARMING DEMONSTRATION GRANT PROGRAM.

"(a) In General.-The Secretary may establish an Indian subsistence farming demonstration grant program that provides grants to any Indian tribe, or intertribal consortium, for the establishment on Indian reservations of subsistence farming operations that grow fresh produce for distribution to eligible recipients.

"(b) Application.-Any Indian tribe or tribal consortium may submit to the Secretary an application for a grant under this subtitle. Any such application shall-

"(1) be in such form as the Secretary may prescribe;

"(2) be submitted to the Secretary on or before the date designated by the Secretary; and

"(3) specify-

"(A) the nature and scope of the subsistence farming project proposed by the applicant;

"(B) the extent to which the project plans to use or incorporate existing resources and services available on the reservation; and

"(C) the number of Indians who are projected as eligible recipients of produce grown under the project.

"SEC. 934. TRAINING AND TECHNICAL ASSISTANCE.

"The Extension Service may conduct, with respect to the projects established under this title [probably should be "subtitle"], site surveys, workshops, short courses, training, and technical assistance on such topics as nutrition food preservation and preparation techniques, spacing, depth of seed placement, soil types, and other aspects of subsistence farming operations.

"SEC. 935. TRIBAL CONSULTATION.

"An Indian tribe participating in any subsistence farming program established under this subtitle shall consult with appropriate tribal and Indian Health Service officials regarding the specific dietary needs of the population to be served by the operation of the Indian subsistence farming project.

"SEC. 936. USE OF GRANTS.

"Funds provided under this subtitle may be used for-

"(1) the purchase or lease of agricultural machinery, equipment, and tools for the operation of the program;

"(2) the purchase of seeds, fertilizers, and such other resources as may be required for the operation of the program;

"(3) the construction of greenhouses, fences, and other structures or facilities;

"(4) accounting and distribution of produce grown under the program; and

"(5) the employment of persons for the management and operation of the program.

"SEC. 937. AMOUNT AND TERM OF GRANT.

"(a) Amount.-The maximum amount of any grant awarded under this subtitle shall not exceed $50,000.

"(b) Term.-The maximum term of any grant awarded under this subtitle shall be 3 years.

"SEC. 938. OTHER REQUIREMENTS.

"Each recipient of a grant awarded under this subtitle shall-

"(1) furnish the Secretary with such information as the Secretary may require to-

"(A) evaluate the program for which the grant is made;

"(B) ensure that the grant funds are expended for the purposes for which the grant was made; and

"(C) ensure that the produce grown is distributed to eligible recipients on the reservation; and

"(2) submit to the Secretary at the close of the term of the grant a final report that shall include such information as the Secretary may require.

"SEC. 939. AUTHORIZATION OF APPROPRIATIONS.

"There are authorized to be appropriated to carry out this subtitle $2,000,000 for each of the fiscal years 1993 through 1995."

[Subtitle C of title IX of Pub. L. 102 237, set out above, effective and to be implemented no later than Feb. 1, 1992, see section 1101(d)(1) of Pub. L. 102 237, set out as an Effective Date of 1991 Amendment note under section 1421 of this title.]