FAA4.H Income Eligibility Factor : 01 Requirements and Types : B Income Types : .50 Native American Income, Claims, or Funds
Native American Income, Claims, or Funds
Information on this page refers to the Nutrition Assistance program Information on this page refers to the Cash Assistance program
This section includes information about income, claims, or funds received from the Bureau of Indian Affairs, American Indian Education funds, and American Indian Claims or Funds.
Policy
Native American Income, Claims, or Funds provide funding to and administer government program services for the federally recognized American Indian and Alaska Native tribes.
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BIA assistance includes all of the following:
BIA Clothing Allowance
BIA clothing allowances that are available, whether in cash or voucher made payable to the participant, are not countable.
NOTE Clothing allowances are countable when the payment occurs more frequently than annually.
Payments made in the form of a voucher that is converted to cash by the budgetary unit is considered income in the month it is converted to cash.
BIA General Assistance
BIA general assistance payments are not countable.
BIA TAPP & TWEP
Tribal Assistance Project Program (TAPP) and Tribal Work Experience Program (TWEP) payments are not countable.
Any portion that is considered an incentive payment or a reimbursement for work related expenses is not countable.
BIA Educational Assistance Program
Any funds received from the Bureau of Indian Affairs (BIA) Educational Assistance program are not countable.
American Indian Education Funds
American Indian Education Funds are not countable. These funds include and is not limited to all of the following sources:
Title IV funds
Title XIII funds
Funds excluded by Public Law
Bureau of Indian Affairs Funds
NOTE Income paid to the participant as a Tribal Loan for educational purposes under Title XIII is not countable.
American Indian Claims or Funds
Federally recognized tribes can apply for government funding for services and programs. Some programs provide funds directly to tribal members living on or near reservations.
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Alaska Native Claims Settlement Act (Public Law 92-203, Section 21(a))
Apache Mescalero Reservation (Public Law 95-433)
Colorado River (Public Law 97-458)
Confederated Tribes (Public Law 95-433)
Fox Indians (Public Law 92-203)
Grand River Band of Ottawa (Public Law 94-540)
American Indian Claims Commission Judgments (Public Law 97-458 and Public Law 93-134, Section 7)
Relocation Assistance (Public Law 93-531 dated 12/22/1974)
Sac Indians (Public Law 92-203)
Settlement for Land (Public Law 100-580)
Tohono O'odham (Public Law 97-408)
Trust Fund Distribution (Public Law 98-64)
Yakima Indian Nation (Public Law 95-433)
All of the following income from Indian Claims are specifically excluded by federal statute from consideration as income for determining eligibility:
Alaska Native Claims Settlement Act (Public Law 92-203, Section 21(a) and Public Law 94-189)
Alaska Native Claims Settlement Act payments received under the Sac and Fox Indian claims agreement are not countable.
Payments may be received in any of the following forms:
Stock
A partnership interest
Land or an interest in land
An interest in a settlement trust
Apache Mescalero Reservation (Public Law 95433)
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 are not countable.
Colorado River (Public Law 97-458)
Per capita payments from funds awarded by the Indian Claims Commission are not countable up to a maximum of $2,000 per payment per participant.
See Claims Judgment Funds for more information. (Public Law 97458 and Public Law 93-134, Section 7)
NOTE Claims Judgement Funds that exceed $2,000 per payment per participant are not countable as income for Hopi Tribal TANF.
Confederated Tribes (Public Law 95-433)
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 are not countable.
Fox Indians (Public Law 92-203)
Payments received under the Sac and Fox Indian claims agreement are not countable.
See Alaska Native Claims Settlement Act for more information on the forms payments may take. (Public Law 92-203, Section 21(a), and Public Law 94189)
Grand River Band of Ottawa (Public Law 94-540)
Payments received from the disposition of funds to the Grand River Band of Ottawa Indians are not countable. (Public Law 94-540)
Hopi Indians - Relocation Assistance (Public Law 93-531)
Payments received for relocation assistance to Hopis and Navajos living in the former Joint Use Areas are not countable. (Public Law 95-531 dated 12/22/1974)
NOTE Claims Judgement Funds that exceed $2,000 per payment per participant are not countable as income for Hopi Tribal TANF.
See Relocation Assistance for more information.
American Indian Claims Commission Judgments (Public Law 97-458 and Public Law 93-134, Section 7)
Per capita payments from funds awarded by the Indian Claims Commission are not countable up to a maximum of $2,000 per payment per participant. (Public Law 97458 and Public Law 93-134, Section 7)
NOTE Claims Judgement Funds that exceed $2,000 per payment per participant are not countable as income for Hopi Tribal TANF.
See Claims Judgment Funds for more information. (Public Law 97458 and Public Law 93-134, Section 7)
Individual American Indian's Interests in Trust or Restricted Land (Public Law 103-66)
Individual Indian's interests in trust or restricted lands and payments from these interests of up to $2,000 per calendar year are not countable. Interests include the Indian's right to, or legal share of the trust or restricted land and any income accrued. (Public Law 10366)
See Restricted Land Interest Payments for more information.
Little Colorado River Levee Project (Public Law 91-646)
Reimbursements from the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 are not countable. This includes the Little Colorado River Levee Project income and applies to both homeowners and renters. (Public Law 91646, Section 216)
Navajo Indians - Relocation Assistance (Public Law 93-531)
Payments received for relocation assistance to Hopis and Navajos living in the former Joint Use Areas are not countable. (Public Law 95531 dated 12/22/1974)
See Relocation Assistance for more information.
Passamaquoddy Tribe and the Penobscot Nation (Public Law 96-420)
Payments to the Passamaquoddy Tribe and the Penobscot Nation or any of their members received pursuant to the Maine Indian Claims Settlement Act of 1980 are not countable. (Public Law 96420, Section 5)
Relocation Assistance (Public Law 93 531 dated December 22, 1974)
Payments received for relocation assistance to Hopis and Navajos living in the former Joint Use Areas are not countable. (Public Law 95 531 dated 12/22/1974)
Sac Indians (Public Law 92-203)
Alaska Native Claims Settlement Act payments received under the Sac and Fox Indian claims agreement are not countable. (Public Law 92-203, Section 21(a) and Public Law 94189)
See Alaska Native Claims Settlement Act for more information the forms payments may take. (Public Law 92-203, Section 21(a), and Public Law 94189)
Settlement for Land (Public Law 100-580)
Payments made to members of Indian tribes in settlement for land are not countable, up to a maximum of $2,000 per payment per participant. Payments in excess of $2,000 are treated as a resource in the month received and in subsequent months. (Public Law 100-580)
Tohono O'odham (Public Law 97-408)
Per capita payments to the Tohono O'odham Indians from funds awarded by the Indian Claims Commission are not countable. (Public Law 97-408)
These include payments received by Tohono O'odham Indians on the official tribal rolls living on or off the reservation.
Trust Fund Distribution (Public Law 98-64)
Per capita payments from any of the following funds are not countable, up to a maximum of $2,000 per payment per participant: (Public Law 98-64)
Funds held in trust by the Secretary of Interior for an Indian tribe
Funds awarded by the Indian Claims Commission of the U.S. Court of Federal Claims
NOTE Indian Gaming Industry per capita disbursements are countable in the month received.
Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 (Public Law 91-646)
Reimbursements from the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 are not countable. This includes the Little Colorado River Levee Project income and applies to both homeowners and renters.
Yakima Indian Nation (Public Law 95-433)
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 are not countable.
Native American Funds or Land
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All of the following Native American Income, Claims, or Funds, protected by public law, may or may not be excluded by federal statute from consideration as income:
Indian Tribe Funds
Indian tribe funds are monies generated by businesses and enterprises owned by a Tribe. (Public Law 97-458 and Public Law 93-134, Section 7)
See Claims Judgment Funds for policy and procedures regarding per capita payments from funds awarded by the Indian Claims Commission.
See Indian Gaming Industry Per Capita Disbursements for policy and procedures regarding per capita payments from Indian Gaming Industry income.
Claims Judgment Funds
Per capita payments from funds awarded by the Indian Claims Commission are not countable up to a maximum of $2,000 per payment per participant. (Public Law 97-458 and Public Law 93-134, Section 7) (For treatment as a resource, see American Indian claims resource)
NOTE Claims Judgement Funds that exceed $2,000 per payment per participant are not countable as income for Hopi Tribal TANF
Submarginal Land Held in Trust
Payments received by certain Indian tribal members regarding submarginal land held in trust by the United States are not countable. (Public Law 94-114, Section 5 and 6)
Maine Indian Claims Settlement Act of 1980
Payments to the Passamaquoddy Tribe and the Penobscot Nation or any of their members received pursuant to the Maine Indian Claims Settlement Act of 1980 are not countable. (Public Law 96-420, Section 5)
Restricted Land Interest Payments
Individual Indian's interests in trust or restricted lands and payments from these interests of up to $2,000 per calendar year are not countable. Interests include the Indian's right to, or legal share of the trust or restricted land and any income accrued. (Public Law 103-66)
Indian Gaming Industry Per Capita Income
Indian Gaming Industry per capita income is a disbursement of a Tribe’s gaming revenue to an individual tribal member. The disbursement is considered unearned income and is countable.
Indian Gaming Industry per capita funds placed in an inaccessible trust by the tribe for any of the following are not countable:
Dependent child under the age of 18
Incapacitated adult with a guardian or conservator (See Trust Funds for additional policy.)
NOTE Indian Gaming Industry per capita income is not countable towards the Salt River Tribal TANF budgetary unit.
When income is received from Tribal funds, and is not excluded by federal statute, see Indian Tribe Funds.
Lease or Royalty of Indian Land
A participant may own or be allotted part of reservation land. The participant may lease the land to others depending on the agreement with the tribe or stipulation on the land.
Income from the lease or royalty of Indian land is countable as unearned income.
NOTE Certain income from the lease of Indian land is specifically excluded by federal law. These funds are not countable. (See American Indian Claims or Funds for more information)
Land lease funds deposited in a BIA account before the month of application are considered a resource. All deposits of land lease income posted during the application month, or the following month is considered unearned income.
Countable income is used to determine an income budget. (See Income Budgeting to see how FAA determines the income budget.) FAA needs to know about income that is both countable and not countable to determine whether a budgetary unit’s income is exceeding their expenses. (See Income Eligibility for more information about how FAA uses countable and not countable income.)
Verification
The participant has the primary responsibility for providing verification. (See Participant Responsibilities – Providing Verification for additional policy.)
For NA, all of the following income is required to be verified before eligibility is determined:
Reported on a new application, during the interview of a new application, or changes reported before the eligibility determination of a new application.
Changes after an eligibility determination of a new application (e.g., a renewal application, mid approval contact, etc.) and any of the following apply:
The source of the income has changed.
The income is questionable(g) or unclear(g).
The reported income amount has changed by $51 or more.
The previous verification in the case file is more than 59 calendar days old.
For CA, all income is required to be verified before determining eligibility.
Examples of verification that can be used for Native American Income, Claims, or Funds include, and are not limited to, any of the following:
Applicable Public Laws
Assistance payments records
Benefit award letters from other agencies
Bank records
Court records or court orders
Federal or state tax forms
Insurance policies
Statement from the agency or payer providing the income
Participant statement verification when any of the following occur:
Other attempts to obtain verification have failed
Obtaining documented or collateral contact verification may cause harm or undue hardship(g) for the participant.
NOTE A participant’s statement is not allowed to verify income when it is considered questionable.
Legal Authorities
Public Law 92-203
Public Law 92-203, Section 21(a)
Public Law 95-433
Public Law 97-458
Public Law 94-540
Public Law 93-531
Public Law 93-134, Section 7
Public Law 103-66
Public Law 91-646
Public Law 96-420
Public Law 100-580
Public Law 97-408
Public Law 98-64
Public Law 95-433
last revised 10/02/2023