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TUESDAY, DECEMBER 4, 2001

Federal law doesn't allow the Department of Agriculture to purchase bison for a reservation food program from non-Indian sources, the General Accounting Office has decided.

Sustaining a challenge brought by the Inter-Tribal Bison Association (ITBA), the comptroller general's office said the U.S. Department of Agriculture is bound by federal law to buy "from Native American producers and Cooperative Organizations without competition." The GAO said a $3 million appropriated for the Food Distribution Program for Indians on Reservations (FDPIR) must be directed to Native producers.

The GAO recommends a contract request sent out by the USDA in June be canceled immediately as a result.

However, the GAO said the restriction only applies to bison purchased in a form "deliverable" to the food program. Should the agency require additional processing before sending it to FDPIR, it can seek competitive contracts, the opinion stated.

"To the extent the agency needs to further process the bison purchased from Native American sources in order to deliver it to FDPIR participants, it may acquire these processing services under appropriate competitive procedures," wrote the GAO, "however, the agency should not use the funds earmarked for this purchase of bison to purchase or process bison acquired from non-Native American sources."

Get the Opinion:
Matter of: Intertribal Bison Cooperative (File: B-288658 November 30, 2001)

Relevant Links:
Inter-Tribal Bison Association - http://www.intertribalbison.org