The following resources of Native American members or Alaska Natives are excluded:
1. Indian lands held jointly with the tribe or land that can be sold only with the approval of the Department of Interior’s Bureau of Indian Affairs.
2. Funds or assets of, or payments to Native American tribal members or Alaska Natives are excluded as resources and/or income if specifically excluded by any other federal law, and these exclusions include (but are not limited to):
a. Payments received under the Alaska Native Claims Settlement Act;
b. Payments received by certain Indian tribal members under federal law regarding sub-marginal land held in trust by the United States;
The following tribes may benefit from the sub-marginal land provision:
1) Bad River Band of the Lake Superior Tribe of Chippewa Indians of Wisconsin;
2) Blackfeet Tribe;
3) Cherokee Nation of Oklahoma;
4) Cheyenne River Sioux Tribe;
5) Crow Creek Sioux Tribe;
6) Lower Brule Sioux Tribe;
7) Devils Lake Sioux Tribe;
8) Fort Belknap Indian Community;
9) Assiniboine and Sioux Tribes;
10) Lac Corte Oreilles Band of Lake Superior Chippewa Indians;
11) Keweenaw Bay Indian Community;
12) Minnesota Chippewa Tribe;
13) Navajo Tribe;
14) Oglala Sioux Tribe;
15) Rosebud Sioux Tribe;
16) Shoshone-Bannock Tribe; and
17) Standing Rock Sioux Tribe.
c. Payments received from the disposition of funds to the Grand River Band of Ottawa Indians;
d. Payments received by the Confederated Tribes and Bands of the Yakima Indian Nation and the Apache Tribe of the Mescalero Reservation from the Indian Claims Commission;
e. According to the Main Indian Claims Settlement Act of 1980, payments made to the Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet, or any Indian HH or member;
f. Relocation assistance payment to the members of the Navajo and Hopi Tribes;
g. Funds that meet any of the below criteria:
1) Appropriated funds under the judgments from the Indian Claims Commission or Claims Court, which:
· Are distributed per capita, not exceeding $2,000, or held in trust according to an approved plan;
· As of January 12, 1983, were distributed per capita, up to $2,000, or held in trust according to a plan approved by Congress before January 12, 1983;
· Were distributed according to a plan approved by Congress after December 31, 1981, but before January 12, 1983, and any purchases made with such funds; or
· Are per capita payments not exceeding $2,000 from funds held in trust by the Secretary of the Interior (trust fund distribution).
2) The $2,000 limit on per capita shares (applies to each payment made to each HH member); or
3) Purchases made with payments were distributed between January 1, 1982, and January 12, 1983 (excluded from resources to the extent excluded funds were used to make such purchases).
3. Interests of individual Indians in trust or restricted lands (excluded as resources only); and any income from such interests, up to $2,000 per calendar year per individual (excluded as income only), and with an application of the following:
a. Interests include the individual’s right to, or legal share of, the trust or restricted land and any resulting income; and
b. The exclusion applies to each HH member who holds an interest or legal share.
4. Assistance received under the Indian Child Welfare Act child and family service grant programs on or near reservations. These programs include, but are not limited to:
a. Family assistance;
b. Daycare;
c. After-school care;
d. Respite care;
e. Recreational activities;
f. Home improvement;
g. Employment of Domestic Relations & Child Welfare Personnel; and
h. Education and Training.
5. Payments made to the following:
a. Turtle Mountain Band of Chippewas, Arizona;
b. Blackfeet, Grosventre, Assiniboine tribes of Montana, and the Papago Tribe, Arizona;
c. Red Lake Band of Chippewa Indians;
d. White Earth Band of Chippewa Indians of Minnesota pursuant to the White Earth Reservation Land Settlement Act of 1985; and
e. Saginaw Chippewa Indian Tribe of Michigan.
6. Per capita and interest payments made to members of the Assiniboine Tribe of the Fort Belknap Indian Community and the Fort Peck Indian Reservation, Montana.
7. Funds paid to heirs of deceased Native Americans under the Old Age Assistance Claims Settlement Act, except for per capita shares exceeding $2,000.
8. Funds distributed per capita or held in trust for the Chippewas of Lake Superior and the Chippewas of the Mississippi.
9. Funds, assets, or income from the trust fund established according to the Puyallup Tribe of Indians Settlement Act of 1989.
10. Payments made to the Seminole Nation of Oklahoma, the Seminole Tribe of Florida, the Miccosukee Tribe of Indians of Florida, and the independent Seminole Indians of Florida to satisfy the judgments of the Indians Claims Commission, except for per capita payments exceeding $2,000.
11. Payments, distributions, or income under the Seneca Nation Settlement Act of 1990.
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