ADDENDUM 5
LIST OF INCOME AND RESOURCES
EXCLUDED BY OTHER FEDERAL LAWS
List compiled by:
Food and Nutrition Service
Western Region
Last updated:
Administrative Notice 99-12
January 21, 1999
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United States Department of Agriculture
Food and Nutrition Service
Western Region
Reply to Attn of: |
Administrative Notice 99-12 |
FS-2-GEN |
Subject: |
Income and Resources Excluded by Other Federal Laws |
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To: |
ALL WESTERN REGION FOOD STAMP PROGRAM COORDINATORS |
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Attached for your information is an updated copy of the list of income and resources excluded by other Federal laws. The following changes were made.
If you have any questions, please contact your designated State Program Team.
H. GREG BURTS
Assistant to the Regional Director
Food Stamp Program
Western Region
Attachment
Section 5(d)(10) of the Food Stamp Act and Section 273.9(c)(10) of the regulations require the exclusion from income of any payments specifically excluded by any other Federal law. Section 273.8(e)(11) requires the exclusion of resources which are specifically excluded for food stamp purposes by express provision of any other Federal law. Certain payments under the following laws are among those excluded. The list is broken down into two parts.
Part A -- GENERAL
1. P. L. 104-204, section 1805(d), dated 9/26/96 provides that:
Notwithstanding any other provision of law, the allowance paid to a child under this section shall not be considered income or resources in determining eligibility for or the amount of benefits under any Federal or federally assisted program.
A monthly allowance (from $200-$1,200) is paid to a child of a Vietnam veteran for any disability resulting from spina bifida suffered by such child.
2. P. L. 104-193, section 103(a), dated 8/22/96,
Amended Section 404(h) of Part A of Title IV of the Social Security Act to provide that for the purpose of * determining eligibility to receive, or the amount of, any benefit authorized by the Food Stamp Act, funds (including interest accruing) in an individual * development account under the TANF block grant program shall be disregarded with respect to any period during which such individual maintains or makes contributions into such an account.
3. P. L. 103-322, section 230202, dated 9/13/94, amended Section 1403 of the Crime Act of 1984 (42 U.S.C. 10602) to provide in part that
Notwithstanding any other law, if the compensation paid by an eligible crime victim compensation program would cover costs that a Federal program, or a federally financed State or local program, would otherwise pay, such crime victim compensation program shall not pay that compensation; and the other program shall make its payments without regard to the existence of the crime victim compensation program.
Based on this language, payments received under this program must be excluded from income and resources for food stamp purposes.
4. P. L. 103-286, dated 8/1/94, Section 1 (a) provides in part that:
Payments made to individuals because of their status as victims of Nazi persecution shall be disregarded in determining eligibility for and the amount of benefits or services to be provided under any Federal or federally assisted program which provides benefits or services based, in whole or in part, on need.
5. P. L. 102-586, signed 11/4/92,
Section 8, amended the Child Care and Development Block Grant Act Amendments of 1992 by adding a new Section 658S to exclude the value of any child care provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for such care) under this subchapter from income for purposes of any other Federal or Federally-assisted program that bases eligibility, or the amount of benefits, on need. (These payments are made under the Social Security Act, as amended.)
6. P. L. 102-550, Housing and Community Development Act of1992,
Section 456(e) provides that payments made under the Youthbuild Program are to be treated like JTPA payments. Therefore they should be excluded from income in accordance with item 6 above.
7. P. L. 101-625, section 22(i), Cranston-Gonzales National Affordable Housing Act, dated 11/28/90 (42 USCS 1437t(i)) provides that,
Treatment of Income. --No service provided to a public housing resident under this section [Family Investment Centers] may be treated as income for purposes of any other program or provision of State or Federal law.
This exclusion applies to services such as childcare, employment training and counseling, literacy training, computer skills training, assistance in the attainment of certificates of high school equivalency and other services. It does not apply to wages or stipends.
This same public law, Section 522(i)(4), excludes most increases in the earned income of a family residing in certain housing while participating in HUD demonstration projects authorized by this public law. Demonstration projects are authorized by this law for Chicago, Illinois, and 3 other locations. The affected regional offices will be contacted individually regarding these projects.
8. P. L. 101-610, Section 177(d), 11/16/90, National and Community Service Act (NCSA) of 1990,
Provides that Section 142(b) of the JTPA applies to projects conducted under Title I of the NCSA as if such projects were conducted under the JTPA. See item 6 above for the JTPA income exclusion. Title I includes three Acts: (1) Serve-America: The Community Service, Schools and Service-Learning Act of 1990, (2) the American Conservation and Youth Service Corps Act of 1990, and (3) the National and Community Service Act. There are about 47 different NCSA programs, and they vary by State. Most of the payments are made as a weekly stipend or for educational assistance. The Higher Education Service-Learning program and the AmeriCorps umbrella program come under this Title. The National Civilian Community Corps (NCCC) is a federally managed AmeriCorps program. The Summer for Safety program is an AmeriCorps program under which participants earn a stipend and a $1000 post-service educational award. The National and Community Service Trust Act of 1993, P. L. 103-82, 9/23/93, amended the National and Community Services Act of 1990 but it did not change the exclusion.
9. P. L. 101-508, 11/5/90, the Omnibus Budget Reconciliation Act of 1990, Title XI Revenue Provisions, Section 11111,
Modifications of Earned Income Tax Credit, subsection (b) provides that any Federal earned income tax credit shall not be treated as income and shall not be taken into account in determining resources for the month of its receipt and the following month.
The September 1988 amendments to the Food Stamp Act require the exclusion from income of any payment made to the household under section 3507 of the Internal Revenue Code of 1986 (relating to advance payment of earned income credit). The August 1993 amendments to the Food Stamp Act require the exclusion from resources of any earned income tax credits received by any member of the household for a period of 12 months from receipt if such member was participating in the food stamp program at the time the credits were received and participated in such program continuously during the 12-month period.
10. P. L. 101-426, Section 6 (h)(2), the Radiation Exposure Compensation Act, dated October 15, 1990,
Excludes payments made under this public law from food stamp income and resources.
11. P. L. 101-201, Agent Orange Compensation Exclusion Act, 12/6/89.
All payments from the Agent Orange Settlement fund or any other fund established pursuant to the settlement in the Agent Orange product liability litigation are excluded from income and resources retroactive to January 1, 1989. The disabled veteran will receive yearly payments. Survivors of deceased disabled veterans will receive a lump-sum payment. These payments were disbursed by the AETNA insurance company.
P. L. 101-239, 12/19/89, the Omnibus Budget Reconciliation Act of 1989, Section 10405, also excluded payments made from the Agent Orange settlement fund or any other fund established pursuant to the settlement in the Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.) from income and resources in determining eligibility for the amount of benefits under the Food Stamp Program.
(Note: P. L. 102-4, Agent Orange Act of 1991, 2/6/91, authorized veterans' benefits to some veterans with service connected disabilities resulting from exposure to agent orange. These VA payments are not excluded by law.)
12. P. L. 100-435, Section 501, 9/19/88, which amended Section 17(m)(7) of the Child Nutrition Act of 1966.
Under WIC demonstration projects, coupons that may be exchanged for food at farmers' markets are excluded from income and resources.
13. P. L. 100-383, section 105(f)(2), Wartime Relocation of Civilians, 8/10/88 (the Civil Liberties Act of 1988).
Payments to U. S. citizens of Japanese ancestry and permanent resident Japanese aliens or their survivors and Aleut residents of the Pribilof Islands and the Aleutian Islands West of Unimak Island are excluded from income and resources.
14. P. L. 100-242, Section 126(c)(5)(A), 11-6-87, The Housing and Community Development Act of 1987,
Excludes most increases in the earned income of a family residing in certain housing while participating in HUD demonstration projects authorized by section 126. Demonstration projects were authorized by this law for Charlotte, North Carolina, and 10 additional locations. As of 3/8/96 only the Charlotte project was operating. The others were frozen because it would cost too much money. The Charlotte project was named in the legislation and that is why it is operating.
15. P. L. 100-175, Section 166, Older Americans Act, 11/29/87.
Funds received by persons 55 and older under the Senior Community Service Employment Program under Title V of the Older Americans Act are excluded from income. Each State and eight organizations receive Title V funds. The organizations that receive some Title V funds are as follows:
Green Thumb
National Council on Aging
National Council of Senior Citizens
American Association of Retired Persons
U. S. Forest Service
National Association for Spanish Speaking Elderly
National Urban League
National Council on Black Aging
16. P. L. 99-576, Veterans' Benefits Improvement and Health- Care Authorization Act of 1986,
Section 303(a)(1), 8/7/86, which amended Section 1411(b) and 1412(c) of the Veterans' Educational Act of 1984 (GI Bill) provides that any amount by which the basic pay of an individual is reduced under this subsection shall revert to the Treasury and shall not, for purposes of any Federal law, be considered to have been received by or to be within the control of such individual. Title 38 of the USC, Chapter 30, Section 1411 refers to basic educational assistance entitlement for service on active duty and Section 1412 refers to basic educational assistance entitlement for service in the Selected Reserve. (Section 216 of P. L. 99-576 authorized stipends for participation in study of Vietnam-era veterans' psychological problems. These payments are not excluded by law.)
17. P. L. 99-498, the Higher Education Act Amendments of 1986, Section 479B, as amended by P. L. 100-50, June 3, 1987.
Amounts made available for tuition and fees and, for students attending an institution at least half-time, books, supplies, transportation and miscellaneous personal expenses (other than room, board and dependent care) provided under Title IV of the Act and by the Bureau of Indian Affairs were excluded from income and resources.
P. L. 102-325, the Higher Education Amendments of 1992, dated 7/23/92, contain two separate provisions that affect the treatment of payments made under the Higher Education Act. In regard to Title IV--Student Assistance, Part F, Section 479B provides that:
Notwithstanding any other provision of law, student financial assistance received under this title, or under Bureau of Indian Affairs student assistance programs, shall not be taken into account in determining the need or eligibility of any person for benefits or assistance, or the amount of such benefits or assistance, under any Federal, State, or local program financed in whole or in part with Federal funds.
Student assistance authorized under Title IV includes the following: (State and local agencies select students for some of these programs. In addition, some State and local agencies have separate programs of their own with similar names.)
· Basic Educational Opportunity Grants (BEOG or Federal Pell Grants)
· Presidential Access Scholarships (PAS-Super Pell Grants)
· Federal Supplemental Educational Opportunity Grants (FSEOG)
· State Student Incentives Grants (SSIG)
· Federal Direct Student Loan Programs (FDSLP) (Formerly GSL and FFELP):
o Federal Direct Supplemental Loan Program (provides loans to students)
o Federal Direct PLUS Program (provides loans to parents)
o Federal Direct Stafford Loan Program,
o Federal Direct Unsubsidized Stafford Loan Program, and
o Federal Consolidated Loan Program
· Federal Perkins Loan Program - Direct loans to students in institutions of higher education (Perkins Loans, formerly NDSL)
· Federal Work Study Program (Note: Not all Federal work study funds come under Title IV of the Higher Education Act.)
· TRIO Grants (Go to organizations or institutions for students from disadvantaged backgrounds):
o Upward Bound (Some stipends go to students)
o Student Support Services
o Robert E. McNair Post-Baccalaureate Achievement
· Robert C. Byrd Honors Scholarship Program
· College Assistance Migrant Program (CAMP) for students whose families are engaged in migrant and seasonal farm work
· High School Equivalency Program (HEP)
· National Early Intervention Scholarship and Partnership Program (NEISP).
There is only one BIA student assistance program per se. It is the Higher Education Grant Program, which is sometimes called the Scholarship Grant Program. However, education or training assistance received under any BIA program must be excluded. There is an Adult Education Program that provides money to adults to get a GED, attend technical schools, and for job training. There is also an employment assistance program. In addition, education and training may be made available under separate programs like the Indian Child and Family Programs. Each tribe has a BIA agency that may be contacted for more information about education and training assistance.
Section 480(b) provides that:
The changes made in part F of title IV of the Act by the amendment made by this section shall apply with respect to determinations of need under such part F for award years beginning on or after July 1, 1993.
Title XIII, Indian Higher Education Programs, Part E-- Tribal Development Student Assistance Revolving Loan Program (Tribal Development Student Assistance Act), Section 1343(c) provides in part that:
... for purposes of determining eligibility, loans provided under this program may not be considered in needs analysis under any other Federal law, and may not penalize students in determining eligibility for other funds.
The Part E exclusion was effective October 1, 1992.
P. L. 98-524, the Carl D. Perkins Vocational Education Act, Section 507, as amended by P. L. 101-392, 9/25/90, Sections 501 and 701 of the Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990. Amounts made available for tuition and fees and, for students attending an institution at least half-time, books, supplies, transportation, dependent care, and miscellaneous personal expenses (other than room and board). This provision was effective July 1, 1991. The programs under this Act include the following:
· Indian Vocational Education Program
· Native Hawaiian Vocational Education Program
· State Vocational and Applied Technology Education Program which contains the:
o State Program and State Leadership Activities
o Program for Single Parents, Displaced Homemakers, and Single Pregnant Women
o Sex Equity Program
o Programs for Criminal Offenders
o Secondary School Vocational Education Program
o Postsecondary and Adult Vocational Education Program
o State Assistance for Vocational Education Support Programs by Community-Based Organizations
o Consumer and Homemaking Education Program
o Comprehensive Career Guidance and Counseling Program
Training Program
· National Tech-Prep Education Program
· State-administered Tech-Prep Education Program
· Supplementary State Grants for Facilities and Equipment and Other Program Improvement Activities
· Community Education Employment Centers Program
· Vocational Education Lighthouse Schools Program
· Tribally Controlled Postsecondary Vocational Institutions Program
· Vocational Education Research Program
· National Network for Curriculum Coordination in Vocational and Technical Education
· National Center or Centers for Research in Vocational Education
· Materials Development in Telecommunications Program
· Demonstration Centers for the Training of Dislocated Workers Program
· Vocational Education Training and Study Grants Program
· Vocational Education Leadership Development Awards Program
· Vocational Educator Training Fellowships Program
· Internships for Gifted and Talented Vocational Education Students Program
· Business and Education Standards Program
· Blue Ribbon Vocational Education Program
· Educational Programs for Federal Correctional Institutions
· Vocational Education Dropout Prevention Program
· Model Programs of Regional Training for Skilled Trades
· Demonstration Projects for the Integration of Vocational and Academic Learning Program
· Cooperative Demonstration Programs
· Bilingual Vocational Training Program
· Bilingual Vocational Instructor Training Program
· Bilingual Materials, Methods, and Techniques Program
(Federal Perkins Loans authorized under Part E of Title IV of the Higher Education Act must be handled in accordance with other Title IV income.)
Section 5(d)(3) of the Food Stamp Act, as amended by P. L. 101-624, Food, Agriculture, Conservation and Trade Act of 1990, Title XVIII, Mickey Leland Memorial Domestic Hunger Relief Act, 11/28/90, and P. L. 102-237, Food, Agriculture, Conservation, and Trade Act Amendments of 1991, Section 903, provides that educational monies are excluded from income:
when they are awarded to a person enrolled at a recognized institution of post-secondary education, at a school for the handicapped, in a vocational education program, or in a program that provides for completion of a secondary school diploma or obtaining the equivalent thereof,
to the extent that they do not exceed the amount used for or made available as an allowance determined by such school, institution, program, or other grantor, for tuition, mandatory fees (including the rental or purchase of any equipment, materials, and supplies relate to the pursuit of the course of study involved), books, supplies, transportation, and other miscellaneous personal expenses (other than living expenses), of the student incidental to attending such school, institution, or program, and
to the extent loans include any origination fees and insurance premiums.)
18. P. L. 99-425, Section (e), the Low-Income Home Energy Assistance Act, 9/30/86.
The amount of any home energy assistance payments or allowances provided directly to, or indirectly on behalf of, a household is excluded from income and resources. In determining any excess shelter expense deduction, the full amount of such payments or allowances shall be deemed to be expended by such household for heating or cooling expenses.
19. P. L. 97-300, the Job Training Partnership Act (JTPA), 10/13/82.
Section 142(b) provides that allowances, earnings and payments to individuals participating in programs under JTPA shall not be considered as income. Subsequently P. L. 99-198, the Food Security Act of 1985, 12/85, amended section 5(l) of the Food Stamp Act to require counting as income on-the-job training payments provided under section 204(5) of Title II of the JTPA except for dependents less than 19 years old. Section 702(b) of P. L. 102-367, the Job Training Reform Amendments of 1992, further amended the Food Stamp Act (by changing the reference from section 204(5) to sections 204(b)(1)(C) [payments to adults] and 264(c)(1)(A) [year-round payments to youths]) to exclude on-the-job training payments received under the Summer Youth Employment and Training Program. This means that currently only on-the-job training payments to
a) youths, other than dependents under 19, in year-round programs and
b) adults can be counted. All other JTPA income is excluded.
20. P. L. 93-288, Section 312(d), the Disaster Relief Act of 1974, as amended by P. L. 100-707,
Section 105(i), the Disaster Relief and Emergency Assistance Amendments of 1988, 11/23/88.
Payments precipitated by an emergency or major disaster as defined in this Act, as amended, are not counted as income or resources for food stamp purposes. This exclusion applies to Federal assistance provided to persons directly affected and to comparable disaster assistance provided by States, local governments, and disaster assistance organizations.
A major disaster is any natural catastrophe such as a hurricane or drought, or, regardless of cause, any fire, flood, or explosion, which the President determines causes damage of sufficient severity and magnitude to warrant major disaster assistance to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby.
An emergency is any occasion or instance for which the President determines that Federal assistance is needed to supplant State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe.
Most, but not all, Federal Emergency Management Assistance (FEMA) funds are excluded. For example, some payments made to homeless people to pay for rent, mortgage, food, and utility assistance when there is no major disaster or emergency is not excluded under this provision.
21. P. L. 93-113, the Domestic Volunteer Services Act of 1973, Titles I and II, as amended.
Payments under Title I of that Act, including payments from such Title I programs as VISTA, to volunteers shall be excluded for those individuals receiving SNAP or public assistance at the time they joined the Title I program, except that households which were receiving an income exclusion for a Vista or other Title I Subsistence allowance at the time of conversion to the Food Stamp Act of 1977 shall continue to receive an income exclusion for VISTA for the length of their volunteer contraction in effect at the time of conversion. Temporary interruptions in SNAP participation shall not alter the exclusion once an initial determination has been made. New applicants who were not receiving public assistance or SNAP at the time they jointed VISTA shall have these volunteer payments included as earned income.
Payments to volunteers under Title II, including the Retired Senior Volunteer Program (RSVP), Foster Grandparents Program and Senior Companion Program, are excluded from income.
22. P. L. 91-646, Section 216, the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970.
Reimbursements are excluded from income and resources.
23. P. L. 89-642, the Child Nutrition Act of 1966, Section 11(b), provides in part that,
The value of assistance to children under this Act shall not be considered to be income or resources for any purpose under any Federal or State laws including, but not limited to, laws relating to taxation, welfare, and public assistance programs.
This law authorizes the Special Milk Program, the School Breakfast Program, and the Special Supplemental Food Program for women, infants, and children (WIC).
24. P. L. 79-396, Section 12(e) of the National School Lunch Act, as amended by Section 9(d) of P. L. 94-105, provides that,
The value of assistance to children under this Act shall not be considered to be income or resources for any purposes under any Federal or State laws, including laws relating to taxation and welfare and public assistance programs.
This law authorizes the School Lunch Program, the Summer Food Service Program for Children, the Commodity Distribution Program, and the Child and Adult Care Food Program. Note that the exclusion applies to assistance provided to children rather than that paid to providers.
Part B -- AMERICAN INDIAN OR ALASKA NATIVE
Usually a law will authorize payments to members of a tribe or band, and the law will apply to the members enrolled in the tribe or band wherever they live. However, items 2, 3, and 4 are general laws, and they apply to all tribes. The individuals should have documentation showing the type of payment and where it originated.
1. P.L. 111-291 (Section 101)
Amounts received by an individual as a lump sum or a periodic payment via the Cobell settlement cannot be counted as income in the month received, or as a resource for the one year period beginning the date of receipt.
2. P.L. 108-270 (Section 3)
Per capita payments paid in accordance with the Western Shoshone Claims Distribution Act
3. P.L. 108-222 (Section 4)
Judgment funds distributed under the Cowlitz Indian Tribe Distribution of Judgment Funds Act
4. P. L. 105-143,12/15/97
Michigan Indian Land Claims Settlement Act, Section 111, provides in part that the eligibility for or receipt of distributions under this Act by a tribe or individual shall not be considered as income, resources, or otherwise when determining the eligibility for or computation of any payment or other benefit to such tribe, individual, or household under any financial aid program or any other benefit to which such tribe household, or individual would otherwise be entitled under any Federal or federally assisted program. This public law pertains to judgment funds of the Ottawa and Chippewa Indians of Michigan.
5. P. L. 103-436, 11/2/94
Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act, Section 7(b), provides that payments made pursuant to that Act are totally excluded from income and resources for food stamp purposes.
6. P.L. 103-116 (Section 11(m))
Settlement funds, assets, income, payments, or distributions from Trust Funds to members of the Catawba Indian Tribe of South Carolina
7. P.L. 103-66 (Section 13736)
Up to $2,000 per year received by Indians that is derived from individual interests in trust or restricted lands
8. P.L. 102-575 (Section 3505)
Payments made to members of the Standing Rock Sioux Tribe and the Three Affiliated Tribes (Ft. Berthold Indian Reservation) under the Reclamation Projects Authorization and Adjustment Act of 1992.
9. P.L. 101-618 (section 102)
Per capita distributions of settlement funds under the Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990.
10. P. L. 101-503, Section 8(b)
Seneca Nation Settlement Act of 1990, dated November 3, 1990, provides that none of the payments, funds or distributions authorized, established, or directed by this Act, and none of the income derived therefrom, shall affect the eligibility of the Seneca Nation or its
members for, or be used as a basis for denying or reducing funds under, any Federal program.
11. P. L. 101-277, 4/30/90
Funds appropriated in satisfaction of judgments awarded to the Seminole Indians in dockets 73, 151, and 73-A of the Indian Claims Commission are excluded from income and resources except for per capita payments in excess of $2,000. Payments were allocated 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.
12. P. L. 101-41, 6/21/89, the Puyallup Tribe of Indians Settlement Act of 1989
Section 10 (b) provides that nothing in this Act shall affect the eligibility of the Tribe or any of its members for any Federal program. Section 10(c) provides that none of the funds, assets, or income from the trust fund established in section 6(b) shall at any time be used as a basis for denying or reducing funds to the Tribe or its members under any Federal, State, or local program. (The Puyallup Tribe is located in the State of Washington.)
13. P.L. 100-581 (Section 503)
Judgment funds held in trust by the United States, including interest and investment income accruing on such funds, and judgment funds made available for programs or distributed to members of the Wisconsin Band of Potawatomi (Hannahville Indian Community and Forest County Potawatomi)
14. P.L. 100-580 (Sections 4,6, and 7)
Funds distributed per capita for members of the Hoopa Valley Indian Tribe and the Yurok Indian Tribe
15. P. L. 99-377, Section 4(b), 8/8/86,
Funds distributed per capita to the Chippewas of the Mississippi or held in trust under this Act are excluded from income and resources. The judgments were awarded in Docket Number 18-S. The funds are divided by reservation affiliation for the Mille Lac Reservation, Minnesota; White Earth Reservation, Minnesota; and Leech Lake Reservation, Minnesota.
16. P.L. 100-411 (Section 2)
Per capita payments of claims settlement funds to members of the Coushatta Tribe of Louisiana
17. P.L. 100-383
Per capita restitution payments made to eligible Aleuts who were relocated or interned during World War II.
18. P.L 100-139 (Section 4)
Judgment funds distributed to members of the Cow Creek Band of Umpqua Tribe of Indians
19. P.L. 99-377 (Section 4)
Judgment funds distributed per capita or held in trust for members of the Chippewas of the Mississippi
20. P. L. 99-346, Section 6(b)(2)
Payments to the Saginaw Chippewa Indian Tribe of Michigan are excluded from income and resources.
21. P. L. 99-264, White Earth Reservation Land Settlement Act of 1985, 3/24/86
Distributions of claims settlement funds to members of the White Earth Band of Chippewa Indians in Minnesota as allottees, or their heirs
22. P. L. 99-146, Section 6(b), 11/11/85
Funds distributed per capita or held in trust for members of the Chippewas of Lake Superior are excluded from income and resources. Judgements were awarded in Dockets Numbered 18-S, 18-U, 18-C, and 18-T.
Dockets 18-S and 18-U are divided among the following reservations.
Wisconsin:
Bad River Reservation
Lac du Flambeau Reservation
Lac Courte Oreilles Reservation
Sokaogon Chippewa Community
Red Cliff Reservation
St. Croix Reservation
Michigan:
Keweenaw Bay Indian Community (L'Anse, Lac Vieux Desert, and Ontonagon Bands)
Minnesota:
Fond du Lac Reservation
Grand Portage Reservation
Nett Lake Reservation (including Vermillion Lake and Deer Creek)
White Earth Reservation
Under dockets 18-C and 18-T funds are given to the Lac Courte Oreilles Band of the Lake Superior Bands of Chippewa Indians of the Lac Courte Oreilles Reservation of Wisconsin, the Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation, the Sokaogon Chippewa Community of the Mole Lake Band of Chippewa Indians, and the St. Croix Chippewa Indians of Wisconsin.
23. P.L. 99-130 (Section 8)
Per capita and dividend payment distributions of judgment funds to members of the Santee Sioux Tribe of Nebraska, the Flandreau Santee Sioux Tribe, the Prairie Island Sioux, Lower Sioux, and Shakopee Mdewakanton Sioux Communities of Minnesota, as amended, including interest and investment income which accrues on Indian judgment funds while held in trust, and initial purchases made with distributed judgment funds
24. P.L. 98-602 (Section 106)
Judgment funds distributed per capita or made available for any tribal program for members of the Wyandotte Tribe of Oklahoma and the Absentee Wyandottes
25. P. L. 98-500, Section 8, 10/17/84
Old Age Assistance Claims Settlement Act, provides that funds made to heirs of deceased Indians under this Act shall not be considered as income or resources nor otherwise used to reduce or deny SNAP benefits except for per capita shares in excess of $2,000.
26. P.L. 98-432 (Section 5)
Distributions of judgment funds and income derived there from to members of the Shoalwater Bay Indian Tribe
27. P. L. 98-124, Section 5
Per capita and interest payments made to members of the Assiniboine Tribe of the Fort Belknap Indian Community, Montana, and the Assiniboine Tribe of the Fort Peck Indian Reservation, Montana, under this Act are excluded from income and resources. Funds were awarded in docket 10-81L.
28. P. L. 98-123, Section 3, 10/13/83
Funds distributed under this Act to members of the Red Lake Band of Chippewa Indians are excluded from income and resources. Funds were awarded in docket number 15-72 of the United States Court of Claims.
29. P.L. 98-64
Amended Public Law 93-134, the Judgement Award Authorization Act, to extend the exclusion in Public Law 97-458 to cover per capita distributions of funds held in trust by the Secretary of the Interior to members of an Indian Tribe. 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.
Funds held by Alaska Native Regional and Village Corporations (ANRVC) are not held in trust by the Secretary of the Interior and therefore ANRVC dividend distributions are not excluded from countable income under this exclusion.
30. P.L. 97-458 (Section 4)
Amended Public Law 93-134, the Judgement Award Authorization Act, to require the exclusion of per capita payments under the Indian Judgement Fund Act of $2,000 or less. Initial purchases made with exempt payments distributed between January 1, 1982 and January 12, 1983, are excluded from resources to the extent that excluded funds were used.
31. P.L. 97-436 (Section 4)
Up to $2,000 of per capita distributions of judgment funds to members of the Confederated Tribes of the Warm Springs Reservation
32. P. L. 97-408
Payments to the Blackfeet, Grosventre, and Assiniboine tribes, Montana, and the Papago, Arizona, are excluded from income and resources.
33. P. L. 97-403
Payments to the Turtle Mountain Band of Chippewas, Arizona are excluded from income and resources.
34. P. L. 96-420, section 9(c), 10/10/80, Maine Indian Claims Settlement Act of 1980
Payments made to the Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band of Maliseet are excluded from income and resources.
35. P.L. 907-402 (Section 6)
Distributions of judgment funds to members of the Clallam Tribe of Indians of the State of Washington (Port Gamble Indian Community, Lower Elwha Tribal Community and the Jamestown Band of Clallam Indians)
36. P.L. 97-376 (Section7)
Judgment funds distributed per capita or made available for programs for members of the Miami Tribe of Oklahoma and the Miami Indians of Indiana
37. P.L. 97-372 (Section7)
Distributions of judgment funds to members of the Shawnee Tribe of Indians (Absentee Shawnee Tribe of Oklahoma, the Eastern Shawnee Tribe of Oklahoma and the Cherokee Band of Shawnee descendants)
38. P.L. 97-371 (Section 6)
Any distribution of judgment funds to members of the Wyandot Tribe of Indians of Oklahoma
39. P.L. 97-95
Any distribution of judgment funds to members of the San Carlos Tribe of Arizona
40. P.L. 96-420 (Section 9)
All funds and distributions to members of the Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band of Maliseet Indians under the Maine Indian Claims Settlement Act
41. P.L. 96-318 (Section 8)
Any judgment funds distributed per capita or made available for programs for members of the Delaware Tribe of Indians and the absentee Delaware Tribe of Western Oklahoma
42. P.L. 96-305
Settlement fund payments to members of the Hopi and Navajo, as amended.
43. P. L. 95-608 25 USCS 1931 Indian Child Welfare (11/8/78),
Subparagraph (a) provides for child and family service grant programs on or near reservations in the preparation and implementation of child welfare codes. Such programs may include, but are not limited to, family assistance, including homemaker and home counselors, day care, after school care, and employment, recreational activities, and respite care; home improvement; the employment of professional and other trained personnel to assist the tribal court in the disposition of domestic relations and child welfare matters; and education and training of Indians; including tribal court judges and staff, in skills relating to child and family assistance and service programs. Subparagraph (b) provides that assistance under 25 USCS 1901 et seq. shall not be a basis for the denial or reduction of any assistance otherwise authorized under any federally assisted programs. (Similar off-reservation programs are authorized by 25 USCS 1932. We have asked the Office of General Counsel if the exclusion applies to these programs.)
44. P.L. 95-499 (Section 6)
Receipts derived from trust lands awarded to the Pueblo of Zia of New Mexico and distributed to members of that tribe
45. P.L. 95-498 (Section 6)
Receipts derived from trust lands awarded to the Pueblo of Santa Ana and distributed to members of that tribe
46. P. L. 95-433, section 2
Indian Claims Commission payments made pursuant to this Public Law to the Confederated Tribes and Bands of the Yakima Indian Nation and the Apache Tribe of the Mescalero Reservation are excluded from income and resources.
47. P. L. 94-540
Payments from the disposition of funds to the Grand River Band of Ottawa Indians are excluded from income and resources.
48. P. L. 94-189, Section 6, 12/31/75
Funds distributed per capita to the Sac and Fox Indians or held in trust are excluded from income and resources. The funds are divided between members of the Sac and Fox Tribe of Oklahoma and the Sac and Fox Tribe of the Mississippi in Iowa. The judgments were awarded in Indian Claims Commission dockets numbered 219, 153, 135, 158, 231, 83, and 95.
49. P. L. 94-114, section 6, 10/17/75
Income derived from certain submarginal land held in trust for certain Indian tribes is excluded from income and resources. The tribes that may benefit are:
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 Courte Oreilles Band of Lake Superior Chippewa Indians
Keweenaw Bay Indian Community
Minnesota Chippewa Tribe
Navajo Tribe
Oglala Sioux Tribe
Rosebud Sioux Tribe
Shoshone-Bannock Tribes
Standing Rock Sioux Tribe
50. P. L. 93-531, section 22
Relocation assistance payments to members of the Navajo and Hopi Tribes are excluded from income and resources.
51. 25 USCS 1408 (as amended by P. L. 93-134, P. L. 97-458, and P. L. 103-66, Section 13736, 10/7/93)
Provides that interests of individual Indians in trust or restricted lands shall not be considered a resource and up to $2,000 per year of income received by individual Indians that is derived from such interests shall not be considered income in determining eligibility for assistance under the Social Security Act or any other Federal or federally assisted program. Interests include the Indian's right to or legal share of the trust or restricted land and any income accrued from the funds in trust or the restricted lands. The exclusion applies to each individual Indian that has an interest. The income exclusion applies for both eligibility and benefit level purposes for food stamp purposes. The income exclusion applies to calendar years.
52. 25 USCS 1407 Judgment Funds (as amended by P. L. 93-134 and P. L. 97-458) provides that:
None of the funds [appropriated in satisfaction of judgments of the Indian Claims Commission or Claims Court in favor of any Indian tribe, band, etc.] which--
I. are distributed per capita or held in trust pursuant to a plan approved under the provisions of this Act [25 USCS §§ 1401 et seq.], or
II. on the date of enactment of this Act [enacted Jan. 12, 1983], are to be distributed per capita or are held in trust pursuant to a plan approved by Congress prior to the date of enactment of this Act [enacted Jan. 12, 1983], or
III. were distributed pursuant to a plan approved by Congress after December 31, 1981 but prior to the date of enactment of this Act [enacted Jan. 12, 1983], and any purchases made with such funds, including all interest and investment income accrued thereon while such funds are so held in trust, shall be subject to Federal or State income taxes, nor shall such funds nor their availability be considered as income or resources nor otherwise utilized as the basis for denying or reducing the financial assistance or other benefits to which such household or member would otherwise be entitled under the Social Security Act [42 USCS §§ 301 et seq.] or, except for per capita shares in excess of $2,000, any Federal or federally assisted program.
This $2,000 per capita exclusion applies to each payment made to each person. Initial purchases made with exempt payments distributed between January 1, 1982 and January 12, 1983, are excluded from resources to the extent that excluded funds were used.
53. 25 USCS 640d-22 (P. L. 93-531, section 22, dated 12/22/74)
Provides in part that the availability of financial assistance to any Navajo or Hopi Indian pursuant to 25 USCS § 460d-460d-31 may not be considered as income or resources or otherwise used as the basis for denying or reducing the financial assistance or other
benefits to which such household or member would otherwise be entitled to under the Social Security Act or any other Federal or federally assisted program.
54. P.L. 92-488 (included in P.L. 94-114)
Receipts from land held in trust by the Federal government and distributed to members of the Burns Indian Community of Oregon
55. P.L. 92-480 (included in P.L. 94-114)
Receipts from land held in trust by the Federal government and distributed to members of the Stockbridge Munsee Indian Community of Wisconsin
56. P.L. 92-254 (Section 4)
Per capita distribution payments by the Blackfeet and Gros Ventre tribal governments to members which resulted from judgment funds to the tribes
57. P. L. 92-203, section 29, dated 1/2/76,
The Alaska Native Claims Settlement Act, and Section 15 of P. L. 100-241, 2/3/88, the Alaska Native Claims Settlement Act Amendments of 1987 - All compensation (including cash, stock, partnership interest, land, interest in land, and other benefits) received under
this Act are excluded from income and resources.
58. P.L. 85-794 (Section 3)
Per capita payments to members of the Red Lake Band of Chippewa Indians from the proceeds of the sale of timber and lumber on the Red Lake Reservation
59. P.L. 84-926 (included in P.L. 94-114)
Receipts from land held in trust by the Federal government and distributed to members of the Pueblos of Zia and Jemez of New Mexico
60. P.L. 84-736 (included in P.L. 94-114)
Receipts from land held in trust by the Federal government and distributed to members of the Seminole Indians of Florida
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