25 U.S.C. § 1408
Resources exemption
Interests of individual Indians in trust or restricted lands shall not be considered a resource, and up to $2,000 per year of income received by individual Indians that is derived from such interests shall not be considered income, in determining eligibility for assistance under the Social Security Act [42 U.S.C. 301 et seq.] or any other Federal or federally assisted program.
Notes of Decisions
Cited in 1
case, 1988–1988 · leading case: Poorman Ex Rel. Elk v. Bowen, 686 F. Supp. 251 (D.S.D. 1988).
Poorman Ex Rel. Elk v. Bowen, 686 F. Supp. 251 (D.S.D. 1988). “Poorman argues that such proceeds qualify as exempt resources under 25 U.S.C. § 1408 . In addition, Poor-man states that treatment of proceeds of Indian trust land as “income” rather than as “resources” for purposes of AFDC eligibility is inconsistent with the opinion of the…”
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