|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.
Food Distribution Division