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OR ALASKA NATIVES
(a) 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.
(b) Funds or assets of, or payments to Native American tribal members or Alaska Natives shall be excluded as resources and/or income for Food Stamp purposes if specifically excluded by any other federal law. These exclusions include, but are not limited to:
(1) Payments received under the Alaska Native Claims Settlement Act (Public Law [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);
(2) Payments received by certain Indian tribal members under P.L. 94-114, Section 6, regarding submarginal land held in trust by the United States;
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(A) The following tribes may benefit from the provisions of Section 63-506(b)(2);
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;
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MANUAL LETTER NO. FS-95-02 Effective 4/3/95
Page 376.1
FOOD STAMP REGULATIONS
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63-506 EXCLUDED RESOURCES AND/OR INCOME OF NATIVE AMERICANS 63-506
OR ALASKA NATIVES (Continued)
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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 the
17. Standing Rock Sioux Tribe.
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(3) Payments received from the disposition of funds to the Grand River Band of Ottawa Indians (P.L. 94-540).
(4) 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).
(5) 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 9(c)).
(6) Payments of relocation assistance to members of the Navajo and Hopi Tribes (P.L. 93-531, Section 22).
(7) Funds that meet any of the criteria specified in Section 63-506(b)(7)(A);
(A) Funds appropriated to satisfy judgements of the Indian Claims Commission or Claims Court (P.L. 93-134, P.L. 97-458 and P.L. 98-64) which:
CALIFORNIA-DSS-MANUAL-FS
MANUAL LETTER NO. FS-95-05 Effective 9/11/95
Page 376.2
FOOD STAMP REGULATIONS
Regulations ELIGIBILITY DETERMINATIONS 63-506 (Cont.)
63-506 EXCLUDED RESOURCES AND/OR INCOME OF NATIVE AMERICANS 63-506
OR ALASKA NATIVES (Continued)
1. Are distributed per capita, not exceeding $2,000, or held in trust according to an approved plan.
2. 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.
3. 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
4. Are per capita payments, not exceeding $2,000, from funds which are held in trust by the Secretary of the Interior (trust fund distribution).
(B) For purposes of this section, the $2,000 limit on per capita shares applies to each payment made to each household member.
(C) Purchases made with payments distributed between January 1, 1982 and January 12, 1983 shall be excluded from resources to the extent excluded funds were used to make such purchases.
(8) Interests of individual Indians in trust or restricted lands shall be excluded as resources only; and any income from such interests, up to $2,000 per calendar year per individual shall be excluded as income only (P.L. 93-134, P.L. 97-458, and P.L. 103-66, Section 13736).
(A) For purposes of this section, interests include the individual's right to, or legal share of, the trust or restricted land and any resulting income.
(B) For purposes of this section, the exclusion applies to each individual household member who holds an interest or legal share.
(9) Assistance received under the Indian Child Welfare Act child and family service grant programs on or near reservations (P.L. 95-608). 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.
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FOOD STAMP REGULATIONS
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63-506 EXCLUDED RESOURCES AND/OR INCOME OF NATIVE AMERICANS 63-506
OR ALASKA NATIVES (Continued)
(10) Payments made to the following: 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)).
(11) 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).
(12) 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).
(13) 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).
(14) 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)).
(15) 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 (P.L. 101-277).
(16) Payments, funds distributions or income under the Seneca Nation Settlement Act of 1990 (P.L. 101-503, Section 8(b)).
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FOOD STAMP REGULATIONS
Regulations ELIGIBILITY DETERMINATIONS 63-507 (Cont.)
63-506 EXCLUDED RESOURCES AND/OR INCOME OF NATIVE AMERICANS 63-506
OR ALASKA NATIVES (Continued)
NOTE: Authority cited: Sections 10553, 10554, 11209, and 18904, Welfare and Institutions Code. Reference: Section 10554, 18901, and 18904, Welfare and Institutions Code; 7 Code of Federal Regulations (CFR) 273.8(e)(10) and (e)(11); 7 CFR 273.9(c)(10); Public Law (P.L.) 92-203, Section 29; P.L. 93-134; P.L. 93-531, Section 22; P.L. 94-114, Section 6; P.L. 94-189, Section 6; P.L. 94-540; P.L. 95-433, Section 2; P.L. 95-608; P.L. 96-420, Section 9(c); P.L. 97-403; P.L. 97-408; P.L. 97-458; P.L. 98-64; P.L. 98-123, Section 3, P.L. 98-124, Section 5; P.L. 98-500, Section 8; P.L. 99-146, Section 6(b); P.L. 99-264, Section 16; P.L. 99-346, Section 6(b)(2); P.L. 99-377; P.L. 100-241, Section 15; P.L. 101-41, Sections 10(b) and (c); P.L. 101-277; P.L. 101-503, Section 8(b); P.L. 103-66, Section 13736; and United States Department of Agriculture (U.S.D.A.) Food and Nutrition Service (FNS), Administrative Notice (AN) 94-41, dated April 19, 1994.