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Page 4 of 7 Guidance documents lack the force and effect of law, unless expressly authorized by statute or incorporated into a contract. USDA may not cite, use, or rely on any guidance that is not available through their guidance portal, except to establish historical facts. A.3 Implementation Requirements 8. When must State agencies screen individuals for exceptions from the time limit? At a minimum, State agencies must screen for exemptions from the general work requirements and all exceptions from the time limit at certification and recertification, in accordance with 7 CFR 273.7(b)(3) and 7 CFR 273.24(k). FNA strongly encourages State agencies to also screen individuals newly subject to the time limit for exceptions during the certification period. Screening must include all exceptions, including the modified exception criteria per Section 10102(a) of the OBBB.

9. Does OBBB change verification requirements for exceptions from the time limit? No. State agencies must continue to follow verification requirements at 7 CFR 273.2(f) and 273.24(l), including accepting multiple forms of documentary evidence or collateral contacts.

10. What are examples of acceptable verification for the new exceptions for “Indians,” “Urban Indians,” or “California Indians”? State agencies must continue to follow verification requirements at 7 CFR 273.2(f) and 273.24(l), including accepting multiple forms of documentary evidence or collateral contacts. The type of documentation available and the ability to access such documentation will vary across Tribal organizations and individuals with different statuses. Examples of verification may include, but are not limited to: • Certification Degree of Indian Blood card; • Documentation or correspondence from a Tribe indicating the individual is a member, such as a Tribal enrollment card; • Documentation or correspondence from the Indian Health Service showing eligibility for IHS services as an American Indian/Alaska Native; or • Data sharing and/or collateral contact from another agency or program, such as the Indian Health Service, the Centers for Medicare and Medicaid Services, the Department of Health and Human Services, or the Department of the Interior. Note: Regardless of the type of documentation provided, the State agency must ensure the individual meets the definition outlined in Section 6(o)(3)(F) and (G) of the Act.