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Claims Resolution Act of 2010 - Payments Received via the Cobell Settlement

EO Guidance Document #
FNS-GD-2011-0036
FNS Document #
FD-116
Resource type
Policy Memos
Guidance Documents
Resource Materials
PDF Icon Policy Memo (261.07 KB)
DATE: May 12, 2011
POLICY MEMO: FD-116: Commodity Supplemental Food Program (CSFP) Food Distribution Program on Indian Reservations (FDPIR), and The Emergency Food Assistance Program (TEF AP)
SUBJECT: Claims Resolution Act of 2010 - Payments Received via the Cobell Settlement

The Claims Resolution Act of 2010 (PL 111-291) was signed into law on Dec. 8, 2010. The Act includes provisions related to the December 2009 settlement agreement reached in Cobell et al. v Salazar et al. (Cobell), a class action lawsuit filed by Native Americans, which may affect certain eligibility determinations in CSFP, FDPIR and TEFAP.

Section 101 (f)(2) of the Act requires that 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 in the one year period beginning the date of receipt, in any federal or federally assisted program. Therefore, Cobell  settlement payments cannot be counted as income in the month received under CSFP, FDPIR and TEFAP.

Furthermore, for FDPIR, such payments cannot be counted as resources for one year beginning the date of receipt. For TEFAP states that include resource limits among their eligibility criteria, such payments cannot be counted as resources for one year beginning the date of receipt.

Cathie McCullough 
Director 
Food Distribution Division 

05/12/2011

The contents of this guidance document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.