Abstract

Excerpted From: Samantha Doss, The Food Distribution Program on Indian Reservations: Past, Present, and Future, 76 Arkansas Law Review 219 (2023) (192 Footnotes) (Full Document)

In 2018, the United States Department of Agriculture (USDA) proposed replacing much of the Supplemental Nutrition Assistance Program (SNAP) with “America's Harvest Box,” a program that would directly distribute a package of non-perishable food items to low-income families. The proposal was met with intense controversy. Many hunger advocates, grocery retailers, and former government officials spurned the idea, citing logistics challenges, nutrition concerns, and stigmatization associated with a direct distribution system. However, a few Indigenous advocates were quick to point out that a direct commodity distribution system has been in place in the United States for generations, often overlooked due to its singular audience: Native Americans living on reservations.

Often colloquially referred to as “commods,” the Food Distribution Program on Indian Reservations (FDPIR [Food Distribution Program on Indian Reservations]) is a commodity food program that directly distributes monthly packages of food to low-income Native Americans. FDPIR [Food Distribution Program on Indian Reservations] is unique because it is only available to people who live on or near a reservation. Although at first glance this appears to be a narrow population, the Native American communities FDPIR [Food Distribution Program on Indian Reservations] serves are as diverse as they are numerous. There are currently 574 federally recognized Tribal entities in the United States. The reservations and trust land areas that make up Indian Country are approximately 56.2 million acres. The Navajo Nation alone would be the fortieth largest state in the country. Indian Country is also growing rapidly. Between 2000 and 2010, the Native American population grew at almost twice the rate of the rest of the country. It is critical to understand that Indian Country is not a monolith, however. Tribal nations are as sovereign and diverse as any other nation. Yet, the collective history of colonialism and displacement creates contemporary challenges that many Tribal nations share.

Because of the unique scope of the program, FDPIR [Food Distribution Program on Indian Reservations] has potential as an effective tool to address health disparities, alleviate rural food deserts, and increase Tribal sovereignty. Largely a result of colonialism and the disruption of traditional foodways, nutrition-related health problems are twice as prevalent in Native American populations when compared to the rest of the country. This challenge is now so severe that one social scientist from the Osage Nation considers diabetes the final genocide of Native Americans. Perhaps unsurprisingly, the U.S. Commission on Civil Rights found that out of all of the groups in the United States, Native Americans have the most severe unmet health needs.

High levels of food insecurity and lack of food access contribute to these unmet health needs. For example, lack of a vehicle is a significant barrier to accessing healthy food in Indian Country, as only 25% of people living in Tribal areas in 2014 were within walking distance of a supermarket, compared to 58% of all Americans. This is due in part to the low population density and low resident incomes of many reservations, which can be unattractive to large food retailers. As a result, most, if not all, of Indian Country is a retail food desert. This can lead to smaller convenience or fast-food retailers becoming the primary food source for many rural Native American communities. Reliance on these retailers in turn can lead to poorer health outcomes and greater food insecurity. COVID-19 both exposed and exacerbated food insecurity and the presence of food deserts in Indian Country.

Despite FDPIR [Food Distribution Program on Indian Reservations]'s potential to address many of the challenges facing Indian Country, both the program and the communities it serves are often left out of larger discussions of nutrition services, food security, and agriculture. This is in part due to the pervasive invisibility and underreporting that Indian Country continues to face across multiple sectors. The 2018 Reclaiming Native Truth study, the largest public opinion research project undertaken in Indian Country to date, found invisibility to be both “the modern form of bias against Native Americans” and “one of the biggest barriers Native peoples face in advocating for [T]ribal sovereignty, equity[, and] social justice.” The invisibility Native American communities face extends to legal academia and, more critically, to Congress, as “most [Congress] members have little knowledge of Native issues and rely heavily on peers with greater interest and expertise when casting votes.” This lack of knowledge has shaped federal policy responses in Indian Country for generations.

Many of the problems facing FDPIR [Food Distribution Program on Indian Reservations] today are rooted in the fraught history of government nutrition assistance and intervention in Indian Country over the last century. While FDPIR [Food Distribution Program on Indian Reservations] is the program's modern name, the roots of this system, and many of the challenges the program continues to face, date back to colonization. This Comment traces these roots, looking at the history of commodity distribution in Indian Country to better understand its present, and perhaps create a better future for the thousands of participants who rely on it every day.

[. . .]

For the first time in a long time, FDPIR [Food Distribution Program on Indian Reservations] enrollment is showing potential for growth. This is in part due to the recent wins Indian Country advocates have long fought for. Although rooted in the colonizing practice of rations and a long history of federal neglect, FDPIR [Food Distribution Program on Indian Reservations] has become an integral part of many Tribal food systems. The program's unique scope as the only federal nutrition program provided specifically for Native Americans makes it a critical tool for addressing the current challenges to food security and health in Indian Country.

While recent advocacy from Tribal leaders and allies has led to significant improvements in the last two decades, the persistence of centuries-old challenges is telling. Many of the challenges that have persisted the most, such as the lack of healthy or culturally specific foods, distribution challenges, and administrative uncertainty, can be traced to a lack of Tribal sovereignty. In contrast, the most effective solutions have come from participants and Tribal nations themselves. As a result, the advancement of Tribal sovereignty will be critical for the advancement of FDPIR [Food Distribution Program on Indian Reservations].

FDPIR [Food Distribution Program on Indian Reservations] provides a clear mechanism for Tribal nations to secure culturally essential and nutritious foods for their people, but the history of the program in federal control has fallen well short of this goal. Recent successes like the USDA 638 demonstration project are a step in the right direction, and policy makers should expand on this success in the 2023 Farm Bill and beyond. Only by addressing FDPIR [Food Distribution Program on Indian Reservations]'s fraught history can we ensure the program's future.

J.D. and M.P.A. Candidate, 2024; Note & Comment Editor, Arkansas Law Review.