5156-9        ALASKA NATIVE CLAIMS SETTLEMENT ACT ( ANCSA Alaska Native Claims Settlement Act ) ASSETS

The Alaska Native Claims Settlement Act ( ANCSA Alaska Native Claims Settlement Act ) excludes the following items from the resources of an Alaska Native, or the resources of a descendant of an Alaska Native:

5156-9 A.   ALASKA NATIVE FUND DISTRIBUTIONS

Distributions from the original Alaska Native Fund are excluded from resources regardless of the amount distributed.

5156-9 B.   STOCK

Any stock issued or distributed by an ANCSA Alaska Native Claims Settlement Act corporation (including stock issued as a dividend or distribution on stock) is excluded from resources.

5156-9 C.   PARTNERSHIP INTERESTS

A partnership interest received from an ANCSA Alaska Native Claims Settlement Act corporation is excluded from resources.  However, income received as a result of a partnership interest is treated as a cash distribution (See F below).

5156-9 D.   LAND

Any land or any interest in land received from an ANCSA Alaska Native Claims Settlement Act corporation (including any land or any interest in land received as a divided or distribution on stock) is excluded from resources.  This includes any land or interest in land inherited by a descendant.

Any house or related structure (as described in MS 5154-1 A) that is permanently attached to the land is also excluded, even if it is not used as a home.  If such a house is rented, the rental income will count for Medicaid purposes.

5156-9 E.   INTEREST IN A SETTLEMENT TRUST

Any interest in a settlement trust received from an ANCSA Alaska Native Claims Settlement Act corporation is excluded from resources.

5156-9 F.   CASH DISTRIBUTIONS

For the purpose of this exclusion, cash distributions from ANCSA Alaska Native Claims Settlement Act corporations are distributions that are made to a class of individuals, such as all shareholders, or all elders.  Cash distributions do not include cash payments that are made to individuals or households for a specific purpose such as wages, a door prize, or a general assistance payment from the corporation.

This exclusion does not apply to any money received as a result of the investment or deposit of an individual’s ANCSA Alaska Native Claims Settlement Act payments after they are distributed to the shareholders.

1. Any cash distributions (including cash dividends on stock) received from ANCSA Alaska Native Claims Settlement Act corporations are totally excluded if they were received before February 3, 1988.
    

2. For cash distributions received February 3, 1988 or later, the total of all distributions received from ANCSA Alaska Native Claims Settlement Act corporations in a calendar year are excluded up to $2,000 per individual.  This means that an individual can accrue up to $2,000 per calendar year from all ANCSA Alaska Native Claims Settlement Act distributions received that year and not have the money counted as a resource for that year or any subsequent year.  For example, an individual who keeps at least $2,000 in cash distributions from ANCSA Alaska Native Claims Settlement Act corporations each year for four consecutive years may have a total of $8,000 excluded from resources.
   
   If the individual keeps more than $2,000 from any year’s distribution, the amount exceeding the $2,000 exclusion for that year is a countable resource.  If the individual keeps less than $2,000 from any year’s distributions, only the amount retained from that year’s distribution qualifies for that year’s exclusion.

5156-9 G.   OTHER EXCLUSIONS OF PAYMENTS TO INDIANS

For Medicaid purposes, various federal statues provide for the exclusion of certain payments made to members of Indian tribes and groups.  Some statutes pertain to specific tribes or Indian groups while others apply to certain types of funds.  The following types of payments made to Indian tribes and groups are excluded from both income and resources:

1. Per capita distribution payments by the Blackfeet and Gros Ventre tribal governments to members, which resulted from judgment funds to tribes, are excluded under Public Law 92-254.
    

2. Per capita distribution payments made by the Secretary of the Interior or by the Indian tribe to members of Indian tribes who were due judgment funds are excluded under Public law 93-134.  This does not include payments of funds distributed or held in trust according to public laws enacted before October 19, 1973.
    

3. Receipts derived from certain trust lands and distributed to members of designated Indian tribes are excluded under Public law 94-114.  These lands, mineral rights, and receipts are excluded from income and resources, unless they were subject to the Mineral Leasing Act of 1920 and distributed before October 17, 1975.
   
   These Indian trust lands are all located in the lower 48 states in the states of Idaho, Michigan, Montana, New Mexico, Oklahoma, North Dakota, South Dakota, and Wisconsin.  A list of lands conveyed to Indian tribes under Public Law 94-114 is maintained in the DPA Division of Public Assistance Director’s Office.  If a caseworker becomes aware of funds that may be derived from this source, he or she must contact the DPA Division of Public Assistance Policy Specialist for specific directions on the treatment of these funds.
    

4. Per capita payments made to, or held in trust for, members of the Grand River Band of Ottawa Indians are excluded under Public Law 94-540.
    

5. Judgment funds, including interest and investment income, which accrues on Indian judgment funds while held in trust, and initial purchases made with distributed judgment funds, are excluded under Public Law 97-458.
    

6. Per capita distributions of funds held in trust by the Secretary of the Interior to members of an Indian Tribe are excluded under Public Law 98-64.  These per capita payments may be distributed by the Secretary of the Interior or by the tribe itself.  In Alaska, distributions of this type have been made by the Metlakatla Indian Community.
    

7. All money and lands transferred to the members of the Puyallup Tribes under the Puyallup Tribe of Indians Settlement Act of 1989 are excluded under Public Law 101-41.