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Page | 142 8314 INCOME EXCLUDED BY FEDERAL LAW

The Benefits Specialists will exclude any income that is specifically excluded by Federal statute from consideration as income for the purpose of determining eligibility for the SNAP Program. The following laws provide such exclusions:

A. RELOCATION ASSISTANCE Reimbursements from the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 (P.L. 91-646, Sec. 216).

The following payments are included under Title II of this act: 1. Payments to persons displaced as a result of the acquisition of real property; 2. Relocation payments to a displaced homeowner toward the purchase of a replacement dwelling. Such payment may only be made to a displaced owner who purchases and occupies a dwelling within 1 year following displacement; and; 3. Replacement housing payments to displaced persons not eligible for a homeowner's payments. Also excluded are payments to US citizens of Japanese ancestry and resident Japanese aliens of up to $20,000 each and payments to certain eligible Aleuts of up to $12,000 each. (P.L. 100-383, Wartime Relocation of Civilians.)

B. NATIVE AND INDIAN CLAIMS Income derived from Indian lands held in trust by the United States government up to $2000 per year is excluded. The Indian lease income may be in the form of farm lease, range unit lease, etc., and may be paid into an Individual Indian Money (IIM) account administered by BIA or may be a direct lease and paid to the individual. Any portion of the income that is derived from a land sale is excluded because it is a lump sum payment.

Payments received under the Alaska Native Claims Settlement Act (P.L. 92-203, Sec. 29) or income derived from certain sub marginal land of the United States which is held in trust for certain Indian tribes are exempt. Income from the disposition of funds to the Grand River Band of Ottawa Indians (P.L. 94-540) are likewise excluded from income.

In addition, payments by the Indian Claims Commission to the Confederated Tribes and Bands of the Yakima Indian Nation or the Apache Tribe of the Mescalero Reservation (P.L. 95-433) and payments to the Passamaquoddy Tribe and the Penobscott Nation or any of their members received pursuant to the Maine Indians Claims Settlement Act of 1980 (P.L. 96-420, Section 5) are excluded from income.

Payments of relocation assistance to members of the Navajo and Hopi Tribes under Public Law 93-531 are excluded as income.

Indian per capita payments of $2,000 or less for each household member per payment (P.L. 97-458, P.L. 93-134, and P.L. 98-64.) are excluded as income.

Income derived from certain sub marginal land held in trust for certain Indian tribes is excluded from income under Public Law 94-114, section 6.

Per capita payments distributed to the following Tribes under the corresponding Public Law are excluded from income:  Assiniboine Tribe of Fort Belknap Indian Community, Montana - P.L. 98-124  Assiniboine Tribe of Fort Peck Indian Reservation, Montana - P.L. 98-124  Chippewas of Mississippi - P.L. 99-377  Red Lake Band of Chippewa Indians - P.L. 98-123  Sac and Fox Tribe, Oklahoma - P.L. 94-189, Section 6