63-226 ††† Excluded Income of Native Americans or Alaskan Natives

 

Table of Content

 

Section

General Information

226.1

Alaska Native Claims Settlement Act Payments

226.2

Payments Originating Sub Marginal Land Held in Trust by the United States

226.3

Payments to Grand River Band of Ottawa Indians

226.4

Payments to Yakima Indians and Apache Tribes

226.5

Payments from the Main Indian Claims Settlement Act of 1980

226.6

Relocation Assistance to Navajo and Hopi Tribes

226.7

Indian Claims Commission or Claims Court

226.8

Interests of Individual Indians in Trusts

226.9

Child Welfare Act Assistance Programs

226.10

Various Indian Bands and Tribes Payments

226.11

Payments to the Assiniboine Tribe

226.12

Old Age Assistance Claims

226.13

Chippewas Tribes Funds

226.14

Puyallup Tribe Funds

226.15

Payments to Seminole and Miccosukee Tribes

226.16

Seneca Nation Settlement Act Funds

226.17

 

 

 

63-226.1
General Information

The following funds or payments to Native American tribal members or Alaska Natives shall be excluded as income for CalFresh purposes:

 

63-226.2
Alaska Native Claims Settlement Act Payments

Payments received under the Alaska Native Claims Settlement Act (P. L. 92-203, Section 29 and P. L. 100-24, Section 15 or the Sac and Fax Indian claims agreement (P. L. 94-189, Section 6) shall be excluded.

 

63-226.3
Payments Originating Sub Marginal Land Held in Trust by the United States

Payments received by certain Indian tribal members under P. L. 94-114, Section 6, regarding sub-marginal land held in trust by the United States shall be excluded.

 

The following tribes may benefit from this provision:

 

      Bad River Band of the Lake Superior Tribe of Chippewa Indians of Wisconsin,

      Blackfeet Tribe,

      Cherokee Nation of Oklahoma,

      Cheyenne River Sioux Tribe,

      Crow Creek Sioux Tribe,

      Lower Brule Sioux Tribe,

      Devils Lake Sioux Tribe,

      Fort Belknap Indian Community,

      Assiniboine and Sioux Tribes,

      Lac Corte Oreilles Band of Lake Superior Chippewa Indians,

      Keweenaw Bay Indian Community,

      Minnesota Chippewa Tribe,

      Navajo Tribe, Oglala Sioux Tribe,

      Rosebud Sioux Tribe, Shoshone-Bannock Tribe, and

      The Standing Rock Sioux Tribe.

 

63-226.4
Payments to Grand River Band of Ottawa Indians

Payments received from the disposition of funds to the Grand River Band of Ottawa Indians (P. L. 94-540) shall be excluded.

 

63-226.5
Payments to Yakima Indians and Apache Tribes

Payments received by the Confederated Tribes and Bands of the Yakima Indian Nation and the Apache Tribe of the Mescalaro Reservation from the Indian Claims Commission (P. L. 95-433, Section 2) shall be excluded.

 

63-226.6
Payments From the Main Indian Claims Settlement Act of 1980

Payments made to the Passamaquoddy Tribe, the Penabscot Nation, or the Houlton Band of Maliseet, or any Indian household or member thereof, pursuant to the Main Indian Claims Settlement Act of 1980 (P. L. 96-420, Section 9c) shall be excluded.

 

63-226.7
Relocation Assistance to Navajo and Hopi Tribes

Payments of relocation assistance to members of the Navajo and Hopi Tribes (P. L. 93-531, Section 22) shall be excluded.

 

63-226.8
Indian Claims Commission or Claims Court

The following funds shall be excluded income:

Funds appropriated to satisfy judgments of the Indian Claims Commission or Claims Court (P. L. 93-134, P. L. 97-458 and P. L. 98-64) which:

      Are distributed per capita, not exceeding $2,000, or held in trust according to an approved plan;

      As of January 12, 1983, were to be distributed per capita, up to $2,000, or held in trust according to a plan approved by Congress prior to January 12, 1983;

      Were distributed according to a plan approved by Congress after December 31, 1981, but prior to January 12, 1983, and any purchases made with such funds; or

      Are per capita payments, not exceeding $2,000, from funds, which are held in trust by the Secretary of the Interior (trust fund distribution).The $2,000 limit on per capita shares applies to each payment made to each household member.

 

63-226.9
Interests of Individual Indians in Trusts

Interests of individual Indians in trust or restricted lands, up to $2,000 per calendar year per individual, will be excluded as income (P. L. 93-134, P. L. 97-458, and P. L. 103-66, Section 13736).

      Interests include the individualís right to, or legal share of, the trust or restricted land and any resulting income.

      The exclusion applies to each individual household member who holds an interest or legal share.

 

63-226.10
Child Welfare Act Assistance Programs

Assistance received under the Indian Child Welfare Act child and family service grant programs on or near reservations (P. L. 95-608) are excluded.

These programs include, but are not limited to:family assistance, day care, after school care, respite care, recreational activities, home improvement, employment of domestic relations and child welfare personnel, and education and training.

 

63-226.11
Various Indian Bands and Tribes Payments

Payments made to the following Indian tribes shall be excluded:

   Turtle Mountain Band of Chippewas, Arizona (P. L. 97-403);

   Blackfeet, Grosventre, Assiniboine tribes, Montana, and the Papago Tribe, Arizona (P. L. 97-408);

   Red Lake Band of Chippewa Indians (P. L. 98-123, Section 3);

   White Earth Band of Chippewa Indians, Minnesota, pursuant to the White Earch Reservation Land Settlement Act of 1985 (P. L. 99-264, Section 16); and

   Saginaw Chippewa Indian Tribe of Michigan (P. L. 99-346, Section 6(b)(2)).

 

63-226.12
Payments to the Assiniboine Tribe

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 (P. L. 98-124, Section 5) shall be excluded.

 

63-226.13
Old Age Assistance Claims

Funds paid to heirs of deceased Native Americans under the Old Age Assistance Claims Settlement Act, except for per capita shares exceeding $2,000 (P. L. 98-500, Section 8) shall be excluded.

 

 

63-226.14
Chippewas Tribes Funds

Funds distributed per capita or held in trust for the Chippewas of Lake Superior and the Chippewas of the Mississippi (P. L. 99-146, Section 6(b) and P. L. 99-377) shall be excluded.

 

 

63-226.15
Puyallup Tribe Funds

Funds, assets or income from the trust fund established pursuant to the Puyallup Tribe of Indians Settlement Act of 1989 (P. L. 101-41, Sections 10(b) and (c)) shall be excluded.

 

 

63-226.16
Payments to Seminole and Miccosukee Tribes

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 as per capita payments exceeding $2,000 (P. L. 101-277) shall be excluded.

 

 

63-226.17
Seneca Nation Settlement Act Funds

Payments, funds distributions or income under the Seneca Nation Settlement Act of 1990 (P. L. 101-503, Section 8(b)) shall be excluded.