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INCOME FROM TRIBAL PAYMENTS

ISSUE DATE: 10/2016

Do not count the 1st $2,000 a person receives each year from his/her interest in Indian trust land or other restricted Indian lands.

Do not count the 1st $2,000 per person per year of per capita payments from Bois Forte Band of Ojibwe or Grand Portage Band as a result of annual payments to the Tribe from the State of Minnesota for voluntarily restricting tribal rights to hunting and fishing in ceded territories.

Do not count American Indian tribal land settlements as income if the Public Law awarding the settlement directs its exclusion. The following settlements affecting Minnesota tribes are not counted as income for all programs:

Any funds distributed per capita under Public Law 98-123, Public Law 98-124, and Public Law 99-377 to the Mississippi Band Chippewa Indians of White Earth, Leech Lake, and Mille Lacs reservations.

Payments to members of the White Earth Band from the White Earth Reservation Land Settlement Act of 1985 (Public Law 99 264, Public Law 100-153, and Public Law 100-212).

Payments from the Cobell v. Salazar class action settlement between the United States Government and American Indian plaintiffs whose land trust royalties were mismanaged by the United States Interior Department (Public Law 111-291). For how to treat this as an asset, see 0015.30 (Assets - Payments Under Federal Law).

Judgment funds distributed per capita under Public Law 99-377 to the Mississippi Band Chippewa Indians of White Earth, Leech Lake, and Mille Lacs reservations.

Distributions of claims settlement funds under Public Law 99-264, Public Law 100-153, and Public Law 100-212 to members of the White Earth Band of Chippewa Indians from the White Earth Reservation Land Settlement Act of 1985 (WELSA).

Per capita payments made under 25 USC § 1407 to members of the Bois Forte Band of Chippewa Indians pursuant to the agreement to restrict tribal rights to hunt and fish in ceded territories.

Per capita payments made under Public Law 85-794 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.

Receipts derived from trust lands and distributed under Public Law 94-114 to the White Earth Band of Chippewa Indians regarding submarginal land held in trust by the United States.

Judgment funds distributed under Public Law 98-123 § 3 to the Red Lake Band of Chippewa Indians.

Per capita and dividend payment distributions of judgment funds made under Public Law 99-130 to members of the Prairie Island Sioux, Lower Sioux, and Shakopee Mdewakanton Sioux Communities of Minnesota.

Funds distributed per capita under Public Law 99-146 to members of the Chippewa of Lake Superior and the Chippewa of the Mississippi.


For information on settlements not listed, contact the Local Agency Support Policy Center.

Count tribal per capita payments from casinos as unearned income. If not received monthly, convert into a monthly amount. See 0017.12.03 (Unearned Income).


MFIP, GA:

Count per capita payments made to members of the Fond Du Lac Bands of Chippewa Indians as unearned lump sum payments. See 0017.15.30 (Lump Sum Income), 0022.15 (Counting Lump Sums as Income).


DWP:

Follow MFIP. After the initial DWP determination, do not count any unanticipated income the unit may receive.


SNAP:

Follow general provisions.


MSA:

For SSI recipients, no county action is required.

For non-SSI recipients, count per capita payments made to members of the Fond Du Lac Bands of Chippewa Indians as unearned income in the month received. They are assets in the 2nd month after the month they are received.


GRH:

Follow MSA for aged, blind, or disabled clients.

Follow MFIP for all other adults.

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