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EFAP-T Section 4

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EFAP-Tribal Procedures Manual Section 4: Eligibility Criteria and Capabilities

4.1 Eligibility Criteria and Capabilities for Tribal Lead Agencies

  1. Tribal Lead Agencies and prospective Tribal Lead Agencies must meet the following eligibility criteria:
    1. Be a federally recognized tribe or a federally unrecognized tribe with an IRS 501(c)(3) nonprofit status or an approved tribal nonprofit organization with an IRS 501(c)(3) status that has been selected by a tribe to act as their Lead Agency.
    2. Have had IRS 501(c)(3) nonprofit status for at least one year prior to the beginning date of the Agreement if not a federally recognized tribe.
    3. Have and maintain active registration with the Secretary of State (SOS) Office in Washington as a nonprofit corporation or public nonprofit agency throughout the Agreement period if not a federally recognized tribe.
    4. Have and maintain active registration in the System for Award Management (SAM) throughout the Agreement period.
    5. Must be able to certify that they:
      1. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any federal or state department/agency. 
        1. Tribal Lead Agencies must notify Food Assistance within 30 days of suspension, debarment, or any exclusion from participating in transactions.
      2. Have not within a three-year period preceding the Agreement been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
      3. Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) above; and
      4. Have not within a three-year period preceding this certification had one or more public transactions or contracts (federal, state, or local) terminated for cause or default.
    6. While supporting access to emergency food services in the county(ies) or tribal service areas. Tribal Lead Agencies do not have to provide direct client services.
  2. Meeting eligibility criteria does not guarantee participation in EFAP-Tribal, but it is an important first step.
    1. See Section 2.4 Intent to Apply. 
  3. Tribal Lead Agencies and prospective Tribal Lead Agencies must be able to meet the requirements of the Agreement. Listed below are key areas of importance (not all requirements are listed):
    1. Have management capabilities to administer the Agreement with Food Assistance:
      1. Have established internal control and fund accounting procedures to assure the proper disbursement of, and accounting for, all food or funds provided.
        1. Ability to reimburse Sub Agencies with other funding prior to submitting invoices to Food Assistance.
        2. EFAP is a reimbursement program and does not provide advance funding to the Tribal Lead Agency.
      2. Must indemnify, defend, and hold harmless and must assure Sub Agencies indemnify, defend, and hold harmless the Washington State Department of Agriculture, the State of Washington, its officers, employees and authorized agents from and against all claims or damages for injuries to persons or property or death arising from or incident to performance under the Agreement. Tribal Lead Agencies may additionally ensure their Sub Agencies will similarly indemnify, defend, and hold harmless the Tribal Lead Agency.
    2. Meet the match requirements and ensure that Sub Agencies meet match requirements.
      1. Tribal Lead Agencies must at least match 35 percent of their EFAP-Tribal Agreement with funds from other sources. 
      2. At least 50 percent of the minimum required match must be cash (hard match).
      3. The balance of the required match may be in-kind contributions (soft match). Soft match may include things like donated labor, space, transportation, and the value of foods from TEFAP, CSFP, FDPIR, and other programs serving EFAP-Tribal clients and Food Pantries. 
      4. The match for EFAP-Tribal must be in the same timeframe as the applicable EFAP state fiscal year.
    3. Secure and maintain required insurance within 30 days of Agreement execution date. Refer to Agreement for requirements:
      1. Secure adequate fidelity insurance.
      2. Have public liability insurance to protect against legal liability arising out of services under the Agreement.
      3. All public or general liability, excess, umbrella, and property insurance policies must name the State of Washington, Washington State Department of Agriculture (WSDA), its elected and appointed officials, agents, and employees as additional insured’s.
    4. Secure and submit all required audits and audit forms:
      1. Have an annual single audit if it receives federal funds (including value of federal food) totaling $750,000 or more per year, from all sources, or undergo an independent financial audit at a minimum once every two years if it receives $100,000 or more per year in state funds from all sources and does not get an annual single audit completed. Required financial audits must be submitted at least once every two years and must cover the previous two years.
        1. Submit a copy of its most recent audit report including, as applicable, any management letters with documentation showing how any problems (questioned costs, management findings, or inadequate internal controls) revealed by the audit were resolved.
        2. If applicable, the Tribal Lead Agency’s most recent audit is due to Food Assistance within 10 days of execution of the Agreement, if not already submitted.
          1. Tribal Lead Agencies that did not enter into an Agreement with Food Assistance in the previous biennium have 30 days to submit.
        3. Audits must include a Schedule of State Financial Assistance/Schedule of State Awards, or equivalent.
      2. If applicable, complete the FA Single Audit Exemption Form for Lead Agencies (AGR-2207) which must be sent to Food Assistance within 30 days of the Agreement execution date and annually within 30 days of the end of the Tribal Lead Agency’s fiscal year.
      3. If the Tribal Lead Agency is not required to and does not have a completed audit, the Tribal Lead Agency must complete and submit the FA Accounting System Verification Form (AGR-2206) if its Agreement is less than $100,000 in state funding per year. This form is due within 30 days of the Agreement execution date and annually within 30 days of the end of the Tribal Lead Agency’s fiscal year.
    5. Tribal Lead Agencies must enter into written Agreements with Sub Agencies.
      1. Each tribe has the option to choose a separate Tribal Lead Agency to apply for EFAP funding on its behalf if the alternate Tribal Lead Agency agrees. See Section 2.4 Intent to Apply.
      2. Ability to hold and manage Agreements with Sub Agencies.
        1. Food Assistance will provide a Sub Agency Agreement template only and must not be interpreted as legal advice.
          1. It is the Tribal Lead Agency’s responsibility to ensure that their Sub Agency Agreements meet the legal requirements of the Tribal Lead Agency.
          2. If not using the Food Assistance provided template without modification, the Tribal Lead Agency must first obtain approval from Food Assistance.
      3. Tribal Lead Agencies must enter into Agreements with each Sub Agency participating in EFAP-Tribal, in its service area, to provide them with food or funding, and maintain the following updated documentation on file:
        1. Current Sub Agency Agreements: Sub Agency Information, executed Face Sheet, Sub Agency Owned, Operated, and Sponsored Site List.
        2. System for Award Management (SAM) Unique Entity Identifier (UEI) number.
          1. Verification that the Sub Agency is not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal or state department/agency.
        3. Current Washington Secretary of State (SOS) nonprofit corporation registration if not a federally recognized tribe.
        4. Evidence of adequate insurance.
          1. The Tribal Lead Agency may require the Sub Agencies to name the Tribal Lead Agency, its agents, and employees as additional insured.
        5. Current 501(c)(3) status if not a federally recognized tribe.
        6. FA Audit Requirement Form for Sub Agencies (AGR-2217).
        7. If applicable, current audit or annual FA Accounting System Verification Form (AGR-2206).
        8. Current 211 registration (some exceptions apply).
        9. Written client eligibility standards.
        10. Written client confidentiality policy and (if applicable) release of information template.
        11. If applicable, previous Sub Agency program review(s).
      4. Tribal Lead Agencies must conduct Sub Agency program reviews as outlined in Section 9.3 Tribal Lead Agency Compliance Management.
    6. All Tribal Lead Agencies must practice nondiscrimination in services and employment.
      1. Must practice nondiscrimination in the employment of individuals and the delivery of services in all programs of the organization. All have the right to be free from discrimination because of race, creed, color, national origin, sex (including gender identity and sexual orientation), honorably discharged veteran or military status, age, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability and this is recognized as and declared to be a civil right.
      2. Religious employment exception:
        1. Federal: The Civil Rights Act of 1964 prohibits employment discrimination based on religion but exempts religious entities from this prohibition. 7 CFR § 16.3(c) expressly provides that religious organizations participating in USDA assistance programs do not waive this exemption. Consistent with this legal authority, religious employers may preferentially hire persons whose beliefs and conduct are consistent with the employers’ religious precepts and not be at risk of losing USDA federal assistance funding.
        2. State: Participating agency shall not unlawfully discriminate in the employment of individuals and the delivery of services in all programs of the organization.
    7. Tribal Lead Agencies must comply with all applicable requirements regarding civil rights. Such requirements prohibit discrimination against individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin.
    8. Tribes agree to comply with all state and federal laws regarding discrimination to the extent that those laws are applicable to the tribes for the activities that the tribes carry out pursuant to the Agreement.
    9. Nothing in the Procedures Manual or Agreement constitutes or shall be construed as a waiver of the Tribal Lead Agency's sovereign immunity or interfere with, or be construed as interfering with, tribes' employment and contracting processes regarding Tribal and Native American preference as allowed by law.

4.2 Eligibility Criteria and Capabilities for Food Bank Sub Agencies

  1. Food Banks and prospective Food Banks must meet the following eligibility criteria:
    1. Be a nonprofit corporation or public nonprofit agency.
    2. Have had IRS 501(c)(3) nonprofit status for at least one year prior to the beginning date of the Agreement.
    3. Be in operation as a Food Bank for at least one year prior to the beginning date of the Agreement.
    4. Be able to provide adequate storage relative to the quantities needed to meet the demands of your service area for this Agreement.
    5. Have and maintain active registration with the Secretary of State (SOS) Office in Washington as a nonprofit corporation or public nonprofit agency throughout the Agreement period.
    6. Have a System for Award Management (SAM) Unique Entity Identifier (UEI) number.
    7. Must be able to certify that they:
      1. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any federal or state department/agency.
        1. Sub Agency must notify the Tribal Lead Agency within 30 days of suspension, debarment, or any exclusion from participating in transactions.
      2. Have not within a three-year period preceding the Agreement been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
      3. Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) above; and
      4. Have not within a three-year period preceding this certification had one or more public transactions or contracts (federal, state, or local) terminated for cause or default.
  2. Meeting eligibility criteria does not guarantee participation in EFAP-Tribal, but it is an important first step.
    1. See Section 2.4 Intent to Apply.
  3. Food Banks and prospective Food Banks must be able to meet the requirements of the Agreement with their Tribal Lead Agency. Listed below are key areas of importance (not all requirements are listed):
    1. Have management capabilities to administer the Agreement with the Tribal Lead Agency:
      1. Have established internal control and fund accounting procedures to assure the proper disbursement of, and accounting for, all food or funds provided.
        1. EFAP is a reimbursement program and does not provide advance funding.
      2. Must indemnify, defend, and hold harmless the Washington State Department of Agriculture, the State of Washington and the Tribal Lead Agency, its officers, employees, and authorized agents from and against all claims or damages for injuries to persons or property or death arising from or incident to performance under the Agreement.
    2. Meet the match requirements.
      1. Food Bank Sub Agencies must at least equally match their EFAP Agreement with funds from other sources.
      2. At least 50 percent of the minimum required match must be cash (hard match).
      3. The balance of the required match may be in-kind contributions (soft match). Soft match may include the value of foods from TEFAP, CSFP, and other programs serving EFAP clients and Food Pantries.
      4. The match for EFAP must be in the same timeframe as the applicable EFAP state fiscal year. 
    3. Secure and maintain required insurance per the Tribal Lead Agency requirements which at a minimum includes:
      1. Secure adequate fidelity insurance.
      2. Have public liability insurance to protect against legal liability arising out of services under the Agreement with the Tribal Lead Agency and liability on vehicles used for business purposes.
      3. If the Tribal Lead Agency requires it, Sub Agency Food Banks will co-insure the Tribal Lead Agency and provide the Tribal Lead Agency proof that it has done so.
        1. The following is considered acceptable for additional insured endorsements for a designated person or organization: An ISO Standard Endorsement CG 2026 or equivalent.
    4. Secure and submit all required audits and audit forms to the Tribal Lead Agency:
      1. Food Bank Sub Agencies must submit the FA Audit Requirement Form for Sub Agencies (AGR-2217) within 30 days of an executed Agreement and then annually within 30 days of the end of the agency’s fiscal year.
      2. Have an annual single audit if it receives federal funds (including value of federal food) totaling $750,000 or more per year, from all sources, or undergo an independent financial audit at a minimum once every two years if it receives $100,000 or more per year in state funds from all sources and does not get an annual single audit completed. Required financial audits must be submitted at least once every two years and must cover the previous two years.
        1. Submit a copy of its most recent audit report including as applicable, any management letters with documentation showing how any problems (questioned costs, management findings, or inadequate internal controls) revealed by the audit were resolved.
        2. If applicable, the Sub Agency’s most recent audit is due to the Tribal Lead Agency within 10 days of execution of the Agreement if not already submitted.
        3. Audits must include a Schedule of State Financial Assistance/Schedule of State Awards, or equivalent.
      3. If the Food Bank is not required to and does not have a completed audit, the Food Bank must complete and submit the FA Accounting System Verification Form (AGR-2206) if its Agreement is less than $100,000 in state funding per year. This form is due within 30 days of an executed Agreement and then annually within 30 days of the end of the agency’s fiscal year.
    5. Food Banks must enter into a written Agreement with the Tribal Lead Agency.
      1. Agreement with the Tribal Lead Agency must be executed prior to receiving funding.
      2. Maintain the following documentation on file or as required by the Tribal Lead Agency:
        1. Current System for Award Management (SAM) Unique Entity Identifier (UEI) number.
          1. Verification that the Food Bank is not at presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any federal or state department/agency.
        2. If applicable, current Washington Secretary of State (SOS) nonprofit corporation registration.
        3. Evidence of adequate required insurance.
          1. The Tribal Lead Agency may require the Sub Agencies to name the Tribal Lead Agency, its agents, and employees as additional insured.
        4. Current 501(c)(3) status.
        5. FA Audit Requirement Form for Sub Agencies (AGR-2217).
        6. Current audit or annual FA Accounting System Verification Form (AGR-2206).
        7. If applicable, previous compliance review(s).
    6. Adhere to the requirements listed in Section 8.2 Food Procurement Priority System.
    7. Adhere to the percentage limits for funding spent on essential non-food items. 
    8. Meet all reporting requirements in a timely manner, as required by the Tribal Lead Agency.
    9. All Food Banks must practice nondiscrimination in services and employment.
      1. Must practice nondiscrimination in the employment of individuals and the delivery of services in all programs of the organization. All have the right to be free from discrimination because of race, creed, color, national origin, sex (including gender identity and sexual orientation), honorably discharged veteran or military status, age, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability and this is recognized as and declared to be a civil right.
      2. Must comply with all applicable requirements regarding civil rights. Such requirements prohibit discrimination against individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin.

4.3 Eligibility Criteria and Capabilities for EFAP-Tribal Food Pantry and/or Food Voucher Sub Agencies

  1. Tribal Sub Agencies and prospective Tribal Sub Agencies must meet the following eligibility criteria:
    1. Be a federally recognized tribe or a federally unrecognized tribe with an IRS 501(c)(3) nonprofit status.
    2. Have had IRS 501(c)(3) nonprofit status for at least one year prior to the beginning date of the Agreement if not a federally recognized tribe.
      1. Churches and religious organizations associated with a church are exempt from having to prove their 501(c)(3) designation.
        1. The Tribal Lead Agency may request further documentation verification using Alternate 501(c)(3) Church Verification Form (AGR-2241).
    3. Be in operation as a Food Pantry for at least one year prior to the beginning date of the Agreement. This requirement does not apply to EFAP-Tribal Voucher Program Sub Agencies.
      1. The Food Pantry has been distributing food, engaging in client data collection practices, and has had set hours of operation.
    4. Be able to provide adequate storage relative to the quantities needed to meet the demands of your service area for the Agreement. This requirement does not apply to EFAP-Tribal Voucher Program Sub Agencies.
    5. Have and maintain active registration with the Secretary of State (SOS) Office in Washington as a nonprofit corporation or public nonprofit agency throughout the Agreement period if not a federally recognized tribe.
    6. System for Award Management (SAM) Unique Entity Identifier (UEI) number.
    7. Must be able to certify that they:
      1. Have verification that the Food Pantry/Voucher Program is not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any federal or state department/agency.
        1. Sub Agency must notify the Tribal Lead Agency within 30 days of suspension, debarment, or any exclusion from participating in transactions.
      2. Have not within a three-year period preceding the Agreement been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
      3. Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) above; and
      4. Have not within a three-year period preceding this certification had one or more public transactions or contracts (federal, state, or local) terminated for cause or default.
  2. Meeting eligibility criteria does not guarantee participation in EFAP, but it is an important first step.
    1. See Section 2.4 Intent to Apply.
  3. Tribal Sub Agencies and prospective Tribal Sub Agencies must be able to meet the requirements of the Agreement with their Tribal Lead Agency. Listed below are key areas of importance (not all requirements are listed):
    1. Have management capabilities to administer the Agreement with the Tribal Lead Agency:
      1. Have established internal control and fund accounting procedures to assure the proper disbursement of, and accounting for, all food or funds provided.
        1. EFAP is a reimbursement program and does not provide advance funding.
        2. If a Sub Agency does not meet these criteria for receiving funding, the Tribal Lead Agency may be able to purchase food for the Food Pantry or directly pay the billing agents or vendors for the Food Pantry.
      2. Must indemnify, defend, and hold harmless the Washington State Department of Agriculture, the State of Washington and the Tribal Lead Agency, its officers, employees, and authorized agents from and against all claims or damages for injuries to persons or property or death arising from or incident to performance under the Agreement.
    2. Meet match requirements.
      1. Food Pantry/Voucher Program Sub Agencies can match their EFAP funds in two ways:
        1. The minimum required match for Sub Agencies is 35 percent of its EFAP-Tribal Subgrant with funds from other sources. At least 50 percent of the minimum required match must be cash (hard match).
        2. Match EFAP funds with at least 200 percent of in-kind donations of food, labor, transportation, and the like (soft match) if they do not have sufficient cash match.
      2. The balance of the required match may be in-kind contributions (soft match). Soft match may include things like donated labor, space, transportation, and the value of foods from TEFAP, CSFP, FDPIR, and other programs serving EFAP-Tribal clients and Food Pantries.
      3. The Tribal Lead Agency, at its option, may share the Sub Agencies’ match requirement.
      4. The match for EFAP must be in the same timeframe as the applicable EFAP state fiscal year.
    3. Secure and maintain required insurance per the Tribal Lead Agency requirements which at a minimum includes:
      1. Secure adequate fidelity insurance.
      2. Have public liability insurance to protect against legal liability arising out of services under the Agreement with the Tribal Lead Agency and liability on vehicles used for business purposes.
      3. If the Tribal Lead Agency requires it, Sub Agency Food Pantries will co-insure the Tribal Lead Agency and provide the Tribal Lead Agency with proof that it has done so.
        1. The following is considered acceptable for additional insured endorsements for a designated person or organization: An ISO Standard Endorsement CG 2026 or equivalent.
    4. Secure and submit all required audits and audit forms to the Tribal Lead Agency:
      1. Tribal Sub Agencies must submit the FA Audit Requirement Form for Sub Agencies (AGR-2217) within 30 days of an executed Agreement and then annually within 30 days of the end of the agency’s fiscal year.
      2. Have an annual single audit if it receives federal funds (including value of federal food) totaling $750,000 or more per year, from all sources, or undergo an independent financial audit at a minimum once every two years if it receives $100,000 or more per year in state funds from all sources and does not get an annual single audit completed. Required financial audits must be submitted at least once every two years and must cover the previous two years.
        1. Submit a copy of its most recent audit report including, as applicable, any management letters with documentation showing how any problems (questioned costs, management findings, or inadequate internal controls) revealed by the audit were resolved.
        2. If applicable, Sub Agency’s most recent audit is due to the Tribal Lead Agency within 10 days of execution of the Agreement if not already submitted.
        3. Audits must include a Schedule of State Financial Assistance/Schedule of State Awards, or equivalent.
      3. If the Sub Agency is not required to and does not have a completed audit, the Sub Agency must complete and submit the FA Accounting System Verification Form (AGR-2206) if its Agreement is less than $100,000 in state funding per year. This form is due within 30 days of an executed Agreement and then annually within 30 days of the end of the agency’s fiscal year. Sub Agencies receiving only food are not required to complete this form.
    5. Sub Agencies must enter into a written Agreement with the Tribal Lead Agency.
      1. The Agreement with the Tribal Lead Agency must be executed prior to receiving funding or food.
      2. Maintain the following documentation on file or as required by the Tribal Lead Agency:
        1. Current System for Award Management (SAM) Unique Entity Identifier (UEI) number.
          1. Verification that the Food Pantry is not at presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any federal or state department/agency.
        2. Current Washington Secretary of State (SOS) nonprofit corporation registration if not a federally recognized tribe.
        3. Evidence of adequate required insurance.
          1. The Tribal Lead Agency may require the Sub Agencies to name the Tribal Lead Agency, its agents, and employees as additional insured.
        4. Current 501(c)(3) status if not a federally recognized tribe.
        5. FA Audit Requirement Form for Sub Agencies (AGR-2217).
        6. Current audit or annual FA Accounting System Verification Form (AGR-2206).
        7. Current 211 registration (some exceptions apply).
        8. Written client eligibility standards.
        9. Written client confidentiality policy and (if applicable) release of information template.
        10. If applicable, previous compliance review(s).
    6. Adhere to the requirements listed in Section 8.2 Food Procurement Priority System. 
    7. Adhere to the percentage limits for funding spent on essential non-food items.
      1. Up to 25 percent for 23-25 biennium.
    8. Meet all reporting requirements in a timely manner, as required by the Tribal Lead Agency. 
    9. Treat all clients with dignity and respect:
      1. See Section 5 Client Management and Support.
    10. All Sub Agencies must practice nondiscrimination in services and employment.
      1. Participating agencies must practice nondiscrimination in the employment of individuals and the delivery of services in all programs of the organization. All have the right to be free from discrimination because of race, creed, color, national origin, sex (including gender identity and sexual orientation), honorably discharged veteran or military status, age, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability and this is recognized as and declared to be a civil right.
      2. Religious employment exception:
        1. Federal: The Civil Rights Act of 1964 prohibits employment discrimination based on religion but exempts religious entities from this prohibition. 7 CFR § 16.3(c) expressly provides that religious organizations participating in USDA assistance programs do not waive this exemption. Consistent with this legal authority, religious employers may preferentially hire persons whose beliefs and conduct are consistent with the employers’ religious precepts and not be at risk of losing USDA federal assistance funding.
        2. State: Participating agency shall not unlawfully discriminate in the employment of individuals and the delivery of services in all programs of the organization.
      3. Must comply with all applicable requirements regarding civil rights. Such requirements prohibit discrimination against individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin.
      4. Tribes agree to comply with all state and federal laws regarding discrimination to the extent that those laws are applicable to the tribes for the activities that the tribes carry out pursuant to the Agreement.
      5. Nothing in the Procedures Manual or Agreement constitutes or shall be construed as a waiver of the Sub Agency’s sovereign immunity or interfere with, or be construed as interfering with, tribes’ employment and contracting processes regarding tribal and Native American preference as allowed by law.
    11. As well as not discriminating against any class of people, providers must also adhere to the following:
      1. May not require or request donations from clients for food received.
      2. May not practice evangelism or proselytize, request, or require clients to participate in any kind of religious service as a condition for receiving food.
      3. May not put religious literature in food bags, pray in the presence of clients or ask clients if they would like to pray before, during or after receiving food. Food Pantry activities must be totally separate from any religious activities.
        1. May have religious literature on a table or counter that clients may voluntarily take separate from any Food Pantry items received.
    12. Sub Agencies must coordinate services.
      1. Coordinate services with similar programs administered by the federal, state, and local government, and other community organizations.
      2. Attend meetings as required by the Tribal Lead Agency.
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EFAP-Tribal Procedures Manual Table of Contents
Section 3 Section 5
Revision History
Section 4 Revision 2024-07-01