Federally Mandated Exclusions From Income, 43347-43349 [2012-18056]
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Federal Register / Vol. 77, No. 142 / Tuesday, July 24, 2012 / Notices
sroberts on DSK5SPTVN1PROD with NOTICES
and will be accepted until August 23,
2012. This process is conducted in
accordance with 5 CFR 1320.10.
Written comments and/or suggestions
regarding the item(s) contained in this
notice, especially regarding the
estimated public burden and associated
response time, should be directed to the
Department of Homeland Security
(DHS), and to the Office of Management
and Budget (OMB) USCIS Desk Officer.
Comments may be submitted to: USCIS,
Chief, Regulatory Coordination
Division, Office of Policy and Strategy,
Clearance Office, 20 Massachusetts
Avenue, Washington, DC 20529.
Comments may also be submitted to
DHS via email at uscisfrcomment@dhs.
gov, and OMB USCIS Desk Officer via
facsimile at 202–395–5806 or via email
at oira_submission@omb.eop.gov. When
submitting comments by email, please
make sure to add OMB Control Number
1615–0018 in the subject box.
Comments may also be submitted via
the Federal eRulemaking Portal Web site
at https://www.Regulations.gov under
e-Docket ID number USCIS–2008–0077.
Written comments and suggestions
from the public and affected agencies
should address one or more of the
following four points:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(2) Evaluate the accuracy of the
agencies estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Overview of This Information
Collection
(1) Type of Information Collection:
Extension of an existing information
collection.
(2) Title of the Form/Collection:
Application for Permission To Reapply
for Admission Into the United States
After Deportation or Removal.
(3) Agency form number, if any, and
the applicable component of the
Department of Homeland Security
sponsoring the collection: Form I–212;
VerDate Mar<15>2010
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Jkt 226001
U.S. Citizenship and Immigration
Services (USCIS).
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individuals or
households. USCIS uses the information
provided on Form I–212 to adjudicate
applications filed by aliens requesting
consent to reapply for admission to the
United States after deportation, removal
or departure, as provided under section
212 of the Immigration and Nationality
Act.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: 1,877 responses at 2 hours per
response.
(6) An estimate of the total public
burden (in hours) associated with the
collection: 3,754 annual burden hours.
If you need a copy of the information
collection instrument, please visit the
Web site at: https://www.regulations.gov.
We may also be contacted at USCIS,
Regulatory Coordination Division,
Office of Policy and Strategy, 20
Massachusetts Avenue NW.,
Washington, DC 20529; Telephone 202–
272–1470.
Dated: July 17, 2012.
Laura Dawkins,
Chief, Regulatory Coordination Division,
Office of Policy and Strategy, U.S. Citizenship
and Immigration Services, Department of
Homeland Security.
[FR Doc. 2012–17836 Filed 7–23–12; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5635–N–01]
Federally Mandated Exclusions From
Income
Office of the Assistant
Secretary for Public and Indian
Housing, and Office of the Assistant
Secretary for Housing-Federal Housing
Commissioner, HUD.
ACTION: Notice.
AGENCY:
HUD’s regulations provide
that HUD will periodically publish a
Federal Register notice listing the
amounts specifically excluded by any
Federal statute from consideration as
income for purposes of determining
eligibility or benefits. This notice lists
those exclusions. This notice also lists
federal statutes that require certain
income sources to be disregarded with
regard to specific HUD programs. This
notice updates the list of exclusions last
published on April 20, 2001, by
amending, removing, and adding
exclusions.
SUMMARY:
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43347
For
the Rent Supplement, section 236, and
Project-based Section 8 programs
administered under 24 CFR parts 880,
881, and 883 through 886: Catherine
Brennan, Director, Office of Housing
Assistance and Grant Administration,
Department of Housing and Urban
Development, 451 Seventh Street SW.,
Room 6138, Washington, DC 20410,
telephone number 202–401–7914. For
other Section 8 programs administered
under 24 CFR part 882 (Moderate
Rehabilitation) and under part 982
(Housing Choice Voucher), and the
Public Housing Programs: Shauna
Sorrells, Director, Office of Public
Housing Programs, Office of Public and
Indian Housing, Department of Housing
and Urban Development, 451 Seventh
Street SW., Room 4206, Washington, DC
20410, telephone: number 202–402–
2769, or the Public and Indian Housing
Information Resource Center at 1–800–
955–2232. For Indian Housing
Programs: Rodger Boyd, Deputy
Assistant Secretary, Office of Native
American Programs, Department of
Housing and Urban Development, Room
4126, Department of Housing and Urban
Development, 451 Seventh Street SW.,
Washington, DC 20410, telephone
number 202–401–7914. With the
exception of the telephone number for
the PIH Information Resource Center,
these are not toll-free numbers. Persons
with hearing or speech impairments
may access these numbers via TTY by
calling the Federal Relay Service at
1–800–877–8339 or by visiting https://
federalrelay.us/ or https://
www.federalip.us/.
FOR FURTHER INFORMATION CONTACT:
Please note: Members of the public who
are aware of other Federal statutes that
require any benefit not listed in this notice
to be excluded from consideration as income
in these programs should submit information
about the statute and the benefit program to
one of the persons listed in the FOR FURTHER
INFORMATION CONTACT section above.
Members of the public may also submit this
information to the Regulations Division,
Office of General Counsel, Department of
Housing and Urban Development, 451 7th
Street SW., Room 10276, Washington, DC
20410–0500.
Under
several HUD programs (Rent
Supplement under 24 CFR 200.1303
(although loans in existence
immediately before May 1, 1996,
continue to be governed by 24 CFR part
215); Mortgage Insurance and Interest
Reduction Payment for Rental Projects
under 24 CFR part 236; Section 8
Housing Assistance programs; Public
Housing programs), the definition of
income excludes amounts of other
benefits specifically excluded by federal
SUPPLEMENTARY INFORMATION:
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43348
Federal Register / Vol. 77, No. 142 / Tuesday, July 24, 2012 / Notices
law. This notice updates the list of
federally mandated exclusions last
published on April 20, 2001 (66 FR
20318) to include the following:
(1) Assistance from the School Lunch
Act and the Child Nutrition Act of 1966
(42 U.S.C. 1771);
(2) payments from the Seneca Nation
Settlement Act of 1990 (25 U.S.C.
1774f);
(3) payments from any deferred
Department of Veterans Affairs
disability benefits that are received in a
lump sum amount or in prospective
monthly amounts;
(4) compensation received by or on
behalf of a veteran for service-connected
disability, death, dependency or
indemnity compensation in programs
authorized under the Native American
Housing Assistance and SelfDetermination Act of 1996 (NAHASDA)
(25 U.S.C. 4101 et seq.) and
administered by the Office of Native
American Programs; and
(5) a lump sum or a periodic payment
received by an individual Indian
pursuant to the Class Action Settlement
Agreement in the United States District
Court case entitled Elouise Cobell et al.
v. Ken Salazar et al.
sroberts on DSK5SPTVN1PROD with NOTICES
Background
In certain HUD-subsidized housing
programs, annual income is a factor in
determining eligibility and the level of
benefits. Annual income is broadly
defined as the anticipated total income
from all sources received by every
family member. HUD excludes certain
types of benefits from applicants’ and
participants’ annual income, as listed in
24 CFR 5.609, this notice, or otherwise
specified by statute or regulation.
Federal statutes that require certain
income sources be disregarded as
income are universally applicable to all
HUD programs where income is a factor
in determining eligibility and benefits.
Other federal statutes specify that
income exclusions are specific to certain
HUD programs, and are applicable only
to the particular HUD program
referenced.
Changes to the Previously Published
List
Exclusions Amended: Exclusion (viii)
in the updated list below has been
clarified to describe its applicability to
Section 8 programs.
Exclusions Removed: Certain
exclusions from the previously
published list have been removed
because they have been repealed by
Congress. These exclusions are as
follows:
1. Payments received under programs
funded in whole or in part under the Job
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21:06 Jul 23, 2012
Jkt 226001
Training Partnership Act (29 U.S.C.
1552(b)). When the Workforce
Investment Act was enacted in 1998, it
simultaneously repealed the Job
Training Partnership Act. The exclusion
that still applies to HUD programs is
listed as exclusion (xvii) in the updated
list below.
2. Any allowance paid under the
provisions of 38 U.S.C. 1805 to a child
suffering from spina bifida who is the
child of a Vietnam veteran. This
exclusion was repealed by Public Law
106–419 in 2000.
Exclusions Added: The exclusions
that are being added to the previously
published list are as follows:
1. Section 1780 of the School Lunch Act
and the Child Nutrition Act of 1966,
provides:
The value of assistance to children under
this Act shall not be considered to be income
or resources for any purpose under any
Federal or state laws including, but not
limited to, laws relating to taxation, welfare,
and public assistance programs.
Expenditures of funds from state and local
sources for the maintenance of food programs
for children shall not be diminished as a
result of funds received under this Act.
The effective date of this provision was
October 11, 1966. This exclusion is
added to the list as paragraph (xviii).
2. Section 8 of the Seneca Nation
Settlement Act of 1990, provides:
None of the payments, funds or
distributions authorized, established, or
directed by this Act, and none of the income
derived therefrom, shall affect the eligibility
of the Seneca Nation or its members for, or
be used as a basis for denying, or reducing
funds under any Federal program.
The effective date of this provision was
November 3, 1990. This exclusion is
added to the list as paragraph (xix).
3. Section 2608 of the Housing and
Economic Recovery Act of 2008 (42
U.S.C. 4501), amended the definition of
annual income in the United States.
Housing Act of 1937 (42 U.S.C. 1437) to
exclude payments from any deferred
Department of Veterans Affairs
disability benefits that are received in a
lump sum amount or in prospective
monthly amounts. The law provides:
Section 3(b)(4) of the United States
Housing Act of 1937 (42 U.S.C.
1437a(3)(b)(4)) is amended by inserting ‘‘or
any deferred Department of Veterans Affairs
disability benefits that are received in a lump
sum amount or in prospective monthly
amounts’’ before ‘‘may not be considered.’’
This exclusion is applicable only to the
Section 8 and Public Housing programs.
The effective date of this provision was
July 30, 2008. This exclusion is added
to the list as paragraph (xx).
4. The Indian Veterans Housing
Opportunity Act of 2010 (Pub. L. 111–
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Fmt 4703
Sfmt 4703
269, approved October 10, 2010),
amended the definition of income
contained in the Native NAHASDA
applicable to programs authorized
under NAHASDA and administered by
the Office of Native American Programs
to exclude compensation received by or
on behalf of a veteran for serviceconnected disability, death, dependency
or indemnity compensation. The law
provides:
Paragraph (9) of section 4 of the Native
American Housing Assistance and SelfDetermination Act of 1996 (25 U.S.C.
4103(9)) is amended by adding at the end the
following new subparagraph: ‘‘(C) Any
amounts received by any member of the
family as disability compensation under
chapter 11 of title 38, United States Code, or
dependency and indemnity compensation
under chapter 13 of such title.’’
This exclusion only applies to the
programs authorized under NAHASDA.
The effective date of this provision was
October 12, 2010. This exclusion is
added to the list as paragraph (xxi).
5. The Claims Resolution Act of 2010
(Pub. L. 111–291, approved December 8,
2010), excludes a lump sum or a
periodic payment received by an
individual Indian pursuant to the Class
Action Settlement Agreement in the
United States District Court case
entitled Elouise Cobell et al. v. Ken
Salazar et al. The law provides:
Notwithstanding any other provision of
law, for purposes of determining initial
eligibility, ongoing eligibility, or level of
benefits under any Federal or federally
assisted program, amounts received by an
individual Indian as a lump sum or a
periodic payment pursuant to the Settlement
shall not be treated for any household
member, during the 1-year period beginning
on the date of receipt—
(A) As income for the month during which
the amounts were received; or
(B) as a resource.
The effective date of this provision was
December 8, 2010. This exclusion is
added to the list as paragraph (xxii).
Updated List of Federally Mandated
Exclusions From Income
The following updated list of
federally mandated exclusions
supersedes that notice published in the
Federal Register on April 20, 2001. The
following list of program benefits is the
comprehensive list of benefits that
currently qualify for the income
exclusion in either any federal program
or in specific federal programs.
Exclusions (viii) and (xxi) have
provisions that apply only to specific
HUD programs.
(i) The value of the allotment
provided to an eligible household under
the Food Stamp Act of 1977 (7 U.S.C.
2017(b));
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Federal Register / Vol. 77, No. 142 / Tuesday, July 24, 2012 / Notices
(ii) Payments to Volunteers under the
Domestic Volunteer Services Act of
1973 (42 U.S.C. 5044(f)(1), 5058);
(iii) Payments received under the
Alaska Native Claims Settlement Act (43
U.S.C. 1626(c));
(iv) Income derived from certain
submarginal land of the United States
that is held in trust for certain Indian
tribes (25 U.S.C. 459e);
(v) Payments or allowances made
under the Department of Health and
Human Services’ Low-Income Home
Energy Assistance Program (42 U.S.C.
8624(f));
(vi) Income derived from the
disposition of funds to the Grand River
Band of Ottawa Indians (Pub. L. 94–540,
90 Stat. 2503–04);
(vii) The first $2000 of per capita
shares received from judgment funds
awarded by the Indian Claims
Commission or the U.S. Claims Court,
the interests of individual Indians in
trust or restricted lands, including the
first $2000 per year of income received
by individual Indians from funds
derived from interests held in such trust
or restricted lands (25 U.S.C. 1407–8);
(viii) Amounts of scholarships funded
under Title IV of the Higher Education
Act of 1965, including awards under
Federal work-study programs or under
the Bureau of Indian Affairs student
assistance programs (20 U.S.C. 1087uu).
For Section 8 programs, the exception
found in § 237 of Public Law 109–249
applies and requires that the amount of
financial assistance in excess of tuition
shall be considered income in
accordance with the provisions codified
at 24 CFR 5.609(b)(9), except for those
persons with disabilities as defined by
42 U.S.C. 1437a(b)(3)(E) (Pub. L. 109–
247);
(ix) Payments received from programs
funded under Title V of the Older
Americans Act of 1965 (42 U.S.C.
3056g);
(x) Payments received on or after
January 1, 1989, from the Agent Orange
Settlement Fund or any other fund
established pursuant to the settlement
in the In Re Agent Orange liability
litigation, M.D.L. No. 381 (E.D.N.Y.)
(Pub. L. 101–201 and 101–39);
(xi) Payments received under the
Maine Indian Claims Settlement Act of
1980 (Public Law 96–420, 25 U.S.C.
1721) pursuant to 25 U.S.C. 1728(c);
(xii) The value of any child care
provided or arranged (or any amount
received as payment for such care or
reimbursement for costs incurred for
such care) under the Child Care and
Development Block Grant Act of 1990
(42 U.S.C. 9858q);
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21:06 Jul 23, 2012
Jkt 226001
(xiii) Earned income tax credit (EITC)
refund payments received on or after
January 1, 1991 (26 U.S.C. 32(l));
(xiv) Payments by the Indian Claims
Commission to the Confederated Tribes
and Bands of Yakima Indian Nation or
the Apache Tribe of Mescalero
Reservation (Pub. L. 95–433);
(xv) Allowances, earnings and
payments to AmeriCorps participants
under the National and Community
Service Act of 1990 (42 U.S.C.
12637(d));
(xvi) Any amount of crime victim
compensation (under the Victims of
Crime Act) received through crime
victim assistance (or payment or
reimbursement of the cost of such
assistance) as determined under the
Victims of Crime Act because of the
commission of a crime against the
applicant under the Victims of Crime
Act (42 U.S.C. 10602);
(xvii) Allowances, earnings and
payments to individuals participating in
programs under the Workforce
Investment Act of 1998 (29 U.S.C. 2931);
(xviii) Any amount received under the
School Lunch Act and the Child
Nutrition Act of 1966 (42 U.S.C.
1780(b)), including reduced-price
lunches and food under the Special
Supplemental Food Program for
Women, Infants, and Children (WIC);
(xix) Payments, funds or distributions
authorized, established, or directed by
the Seneca Nation Settlement Act of
1990 (25 U.S.C. 1774f(b));
(xx) Payments from any deferred
Department of Veterans Affairs
disability benefits that are received in a
lump sum amount or in prospective
monthly amounts as provided by an
amendment to the definition of annual
income in the U.S. Housing Act of 1937
(42 U.S.C. 1437) by Section 2608 of the
Housing and Economic Recovery Act of
2008 (Pub. L. 110–289, 42 U.S.C. 4501);
(xxi) Compensation received by or on
behalf of a veteran for service-connected
disability, death, dependency, or
indemnity compensation as provided by
an amendment by the Indian Veterans
Housing Opportunity Act of 2010 (Pub.
L. 111–269) to the definition of income
applicable to programs authorized
under the Native American Housing
Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4101) and
administered by the Office of Native
American Programs; and
(xxii) A lump sum or a periodic
payment received by an individual
Indian pursuant to the Class Action
Settlement Agreement in the case
entitled Elouise Cobell et al. v. Ken
Salazar et al., United States District
Court, District of Columbia, as provided
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43349
in the Claims Resolution Act of 2010
(Pub. L. 111–291).
Dated: July 17, 2012.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian
Housing.
Carol J. Galante,
Acting Assistant Secretary for HousingFederal Housing Commissioner.
[FR Doc. 2012–18056 Filed 7–23–12; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R4–ES–2012–N161;
FXES11130400000EA–123–FF04EF1000]
Endangered and Threatened Wildlife
and Plants; Receipt of Application for
Incidental Take Permit; Availability of
Proposed Low-Effect Habitat
Conservation Plan; Marion County
Utilities, Marion County, FL
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
We, the Fish and Wildlife
Service (Service), have received an
application from Marion County
Utilities (applicant), for a 10-year
incidental take permit (ITP; #
TE79178A–0) under the Endangered
Species Act of 1973, as amended (Act).
We request public comment on the
permit application and accompanying
proposed habitat conservation plan
(HCP), as well as on our preliminary
determination that the plan qualifies as
low-effect under the National
Environmental Policy Act (NEPA). To
make this determination, we used our
environmental action statement and
low-effect screening form, which are
also available for review.
DATES: To ensure consideration, please
send your written comments by August
23, 2012.
ADDRESSES: If you wish to review the
application and HCP, you may request
documents by email, U.S. mail, or
phone (see below). These documents are
also available for public inspection by
appointment during normal business
hours at the office below. Send your
comments or requests by any one of the
following methods.
Email: northflorida@fws.gov. Use
‘‘Attn: Permit number TE79178A–0’’ as
your message subject line.
Fax: David L. Hankla, Field
Supervisor, (904) 731–3045, Attn.:
Permit number TE79178A–0.
SUMMARY:
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]]>Agencies
[Federal Register Volume 77, Number 142 (Tuesday, July 24, 2012)]
[Notices]
[Pages 43347-43349]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18056]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5635-N-01]
Federally Mandated Exclusions From Income
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, and Office of the Assistant Secretary for Housing-Federal
Housing Commissioner, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: HUD's regulations provide that HUD will periodically publish a
Federal Register notice listing the amounts specifically excluded by
any Federal statute from consideration as income for purposes of
determining eligibility or benefits. This notice lists those
exclusions. This notice also lists federal statutes that require
certain income sources to be disregarded with regard to specific HUD
programs. This notice updates the list of exclusions last published on
April 20, 2001, by amending, removing, and adding exclusions.
FOR FURTHER INFORMATION CONTACT: For the Rent Supplement, section 236,
and Project-based Section 8 programs administered under 24 CFR parts
880, 881, and 883 through 886: Catherine Brennan, Director, Office of
Housing Assistance and Grant Administration, Department of Housing and
Urban Development, 451 Seventh Street SW., Room 6138, Washington, DC
20410, telephone number 202-401-7914. For other Section 8 programs
administered under 24 CFR part 882 (Moderate Rehabilitation) and under
part 982 (Housing Choice Voucher), and the Public Housing Programs:
Shauna Sorrells, Director, Office of Public Housing Programs, Office of
Public and Indian Housing, Department of Housing and Urban Development,
451 Seventh Street SW., Room 4206, Washington, DC 20410, telephone:
number 202-402-2769, or the Public and Indian Housing Information
Resource Center at 1-800-955-2232. For Indian Housing Programs: Rodger
Boyd, Deputy Assistant Secretary, Office of Native American Programs,
Department of Housing and Urban Development, Room 4126, Department of
Housing and Urban Development, 451 Seventh Street SW., Washington, DC
20410, telephone number 202-401-7914. With the exception of the
telephone number for the PIH Information Resource Center, these are not
toll-free numbers. Persons with hearing or speech impairments may
access these numbers via TTY by calling the Federal Relay Service at 1-
800-877-8339 or by visiting https://federalrelay.us/ or https://www.federalip.us/.
Please note: Members of the public who are aware of other
Federal statutes that require any benefit not listed in this notice
to be excluded from consideration as income in these programs should
submit information about the statute and the benefit program to one
of the persons listed in the FOR FURTHER INFORMATION CONTACT section
above. Members of the public may also submit this information to the
Regulations Division, Office of General Counsel, Department of
Housing and Urban Development, 451 7th Street SW., Room 10276,
Washington, DC 20410-0500.
SUPPLEMENTARY INFORMATION: Under several HUD programs (Rent Supplement
under 24 CFR 200.1303 (although loans in existence immediately before
May 1, 1996, continue to be governed by 24 CFR part 215); Mortgage
Insurance and Interest Reduction Payment for Rental Projects under 24
CFR part 236; Section 8 Housing Assistance programs; Public Housing
programs), the definition of income excludes amounts of other benefits
specifically excluded by federal
[[Page 43348]]
law. This notice updates the list of federally mandated exclusions last
published on April 20, 2001 (66 FR 20318) to include the following:
(1) Assistance from the School Lunch Act and the Child Nutrition
Act of 1966 (42 U.S.C. 1771);
(2) payments from the Seneca Nation Settlement Act of 1990 (25
U.S.C. 1774f);
(3) payments from any deferred Department of Veterans Affairs
disability benefits that are received in a lump sum amount or in
prospective monthly amounts;
(4) compensation received by or on behalf of a veteran for service-
connected disability, death, dependency or indemnity compensation in
programs authorized under the Native American Housing Assistance and
Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4101 et seq.) and
administered by the Office of Native American Programs; and
(5) a lump sum or a periodic payment received by an individual
Indian pursuant to the Class Action Settlement Agreement in the United
States District Court case entitled Elouise Cobell et al. v. Ken
Salazar et al.
Background
In certain HUD-subsidized housing programs, annual income is a
factor in determining eligibility and the level of benefits. Annual
income is broadly defined as the anticipated total income from all
sources received by every family member. HUD excludes certain types of
benefits from applicants' and participants' annual income, as listed in
24 CFR 5.609, this notice, or otherwise specified by statute or
regulation.
Federal statutes that require certain income sources be disregarded
as income are universally applicable to all HUD programs where income
is a factor in determining eligibility and benefits. Other federal
statutes specify that income exclusions are specific to certain HUD
programs, and are applicable only to the particular HUD program
referenced.
Changes to the Previously Published List
Exclusions Amended: Exclusion (viii) in the updated list below has
been clarified to describe its applicability to Section 8 programs.
Exclusions Removed: Certain exclusions from the previously
published list have been removed because they have been repealed by
Congress. These exclusions are as follows:
1. Payments received under programs funded in whole or in part
under the Job Training Partnership Act (29 U.S.C. 1552(b)). When the
Workforce Investment Act was enacted in 1998, it simultaneously
repealed the Job Training Partnership Act. The exclusion that still
applies to HUD programs is listed as exclusion (xvii) in the updated
list below.
2. Any allowance paid under the provisions of 38 U.S.C. 1805 to a
child suffering from spina bifida who is the child of a Vietnam
veteran. This exclusion was repealed by Public Law 106-419 in 2000.
Exclusions Added: The exclusions that are being added to the
previously published list are as follows:
1. Section 1780 of the School Lunch Act and the Child Nutrition
Act of 1966, provides:
The value of assistance to children under this Act shall not be
considered to be income or resources for any purpose under any
Federal or state laws including, but not limited to, laws relating
to taxation, welfare, and public assistance programs. Expenditures
of funds from state and local sources for the maintenance of food
programs for children shall not be diminished as a result of funds
received under this Act.
The effective date of this provision was October 11, 1966. This
exclusion is added to the list as paragraph (xviii).
2. Section 8 of the Seneca Nation Settlement Act of 1990,
provides:
None of the payments, funds or distributions authorized,
established, or directed by this Act, and none of the income derived
therefrom, shall affect the eligibility of the Seneca Nation or its
members for, or be used as a basis for denying, or reducing funds
under any Federal program.
The effective date of this provision was November 3, 1990. This
exclusion is added to the list as paragraph (xix).
3. Section 2608 of the Housing and Economic Recovery Act of 2008
(42 U.S.C. 4501), amended the definition of annual income in the United
States. Housing Act of 1937 (42 U.S.C. 1437) to exclude payments from
any deferred Department of Veterans Affairs disability benefits that
are received in a lump sum amount or in prospective monthly amounts.
The law provides:
Section 3(b)(4) of the United States Housing Act of 1937 (42
U.S.C. 1437a(3)(b)(4)) is amended by inserting ``or any deferred
Department of Veterans Affairs disability benefits that are received
in a lump sum amount or in prospective monthly amounts'' before
``may not be considered.''
This exclusion is applicable only to the Section 8 and Public Housing
programs. The effective date of this provision was July 30, 2008. This
exclusion is added to the list as paragraph (xx).
4. The Indian Veterans Housing Opportunity Act of 2010 (Pub. L.
111-269, approved October 10, 2010), amended the definition of income
contained in the Native NAHASDA applicable to programs authorized under
NAHASDA and administered by the Office of Native American Programs to
exclude compensation received by or on behalf of a veteran for service-
connected disability, death, dependency or indemnity compensation. The
law provides:
Paragraph (9) of section 4 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(9)) is
amended by adding at the end the following new subparagraph: ``(C)
Any amounts received by any member of the family as disability
compensation under chapter 11 of title 38, United States Code, or
dependency and indemnity compensation under chapter 13 of such
title.''
This exclusion only applies to the programs authorized under NAHASDA.
The effective date of this provision was October 12, 2010. This
exclusion is added to the list as paragraph (xxi).
5. The Claims Resolution Act of 2010 (Pub. L. 111-291, approved
December 8, 2010), excludes a lump sum or a periodic payment received
by an individual Indian pursuant to the Class Action Settlement
Agreement in the United States District Court case entitled Elouise
Cobell et al. v. Ken Salazar et al. The law provides:
Notwithstanding any other provision of law, for purposes of
determining initial eligibility, ongoing eligibility, or level of
benefits under any Federal or federally assisted program, amounts
received by an individual Indian as a lump sum or a periodic payment
pursuant to the Settlement shall not be treated for any household
member, during the 1-year period beginning on the date of receipt--
(A) As income for the month during which the amounts were
received; or
(B) as a resource.
The effective date of this provision was December 8, 2010. This
exclusion is added to the list as paragraph (xxii).
Updated List of Federally Mandated Exclusions From Income
The following updated list of federally mandated exclusions
supersedes that notice published in the Federal Register on April 20,
2001. The following list of program benefits is the comprehensive list
of benefits that currently qualify for the income exclusion in either
any federal program or in specific federal programs. Exclusions (viii)
and (xxi) have provisions that apply only to specific HUD programs.
(i) The value of the allotment provided to an eligible household
under the Food Stamp Act of 1977 (7 U.S.C. 2017(b));
[[Page 43349]]
(ii) Payments to Volunteers under the Domestic Volunteer Services
Act of 1973 (42 U.S.C. 5044(f)(1), 5058);
(iii) Payments received under the Alaska Native Claims Settlement
Act (43 U.S.C. 1626(c));
(iv) Income derived from certain submarginal land of the United
States that is held in trust for certain Indian tribes (25 U.S.C.
459e);
(v) Payments or allowances made under the Department of Health and
Human Services' Low-Income Home Energy Assistance Program (42 U.S.C.
8624(f));
(vi) Income derived from the disposition of funds to the Grand
River Band of Ottawa Indians (Pub. L. 94-540, 90 Stat. 2503-04);
(vii) The first $2000 of per capita shares received from judgment
funds awarded by the Indian Claims Commission or the U.S. Claims Court,
the interests of individual Indians in trust or restricted lands,
including the first $2000 per year of income received by individual
Indians from funds derived from interests held in such trust or
restricted lands (25 U.S.C. 1407-8);
(viii) Amounts of scholarships funded under Title IV of the Higher
Education Act of 1965, including awards under Federal work-study
programs or under the Bureau of Indian Affairs student assistance
programs (20 U.S.C. 1087uu). For Section 8 programs, the exception
found in Sec. 237 of Public Law 109-249 applies and requires that the
amount of financial assistance in excess of tuition shall be considered
income in accordance with the provisions codified at 24 CFR
5.609(b)(9), except for those persons with disabilities as defined by
42 U.S.C. 1437a(b)(3)(E) (Pub. L. 109-247);
(ix) Payments received from programs funded under Title V of the
Older Americans Act of 1965 (42 U.S.C. 3056g);
(x) Payments received on or after January 1, 1989, from the Agent
Orange Settlement Fund or any other fund established pursuant to the
settlement in the In Re Agent Orange liability litigation, M.D.L. No.
381 (E.D.N.Y.) (Pub. L. 101-201 and 101-39);
(xi) Payments received under the Maine Indian Claims Settlement Act
of 1980 (Public Law 96-420, 25 U.S.C. 1721) pursuant to 25 U.S.C.
1728(c);
(xii) The value of any child care provided or arranged (or any
amount received as payment for such care or reimbursement for costs
incurred for such care) under the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858q);
(xiii) Earned income tax credit (EITC) refund payments received on
or after January 1, 1991 (26 U.S.C. 32(l));
(xiv) Payments by the Indian Claims Commission to the Confederated
Tribes and Bands of Yakima Indian Nation or the Apache Tribe of
Mescalero Reservation (Pub. L. 95-433);
(xv) Allowances, earnings and payments to AmeriCorps participants
under the National and Community Service Act of 1990 (42 U.S.C.
12637(d));
(xvi) Any amount of crime victim compensation (under the Victims of
Crime Act) received through crime victim assistance (or payment or
reimbursement of the cost of such assistance) as determined under the
Victims of Crime Act because of the commission of a crime against the
applicant under the Victims of Crime Act (42 U.S.C. 10602);
(xvii) Allowances, earnings and payments to individuals
participating in programs under the Workforce Investment Act of 1998
(29 U.S.C. 2931);
(xviii) Any amount received under the School Lunch Act and the
Child Nutrition Act of 1966 (42 U.S.C. 1780(b)), including reduced-
price lunches and food under the Special Supplemental Food Program for
Women, Infants, and Children (WIC);
(xix) Payments, funds or distributions authorized, established, or
directed by the Seneca Nation Settlement Act of 1990 (25 U.S.C.
1774f(b));
(xx) Payments from any deferred Department of Veterans Affairs
disability benefits that are received in a lump sum amount or in
prospective monthly amounts as provided by an amendment to the
definition of annual income in the U.S. Housing Act of 1937 (42 U.S.C.
1437) by Section 2608 of the Housing and Economic Recovery Act of 2008
(Pub. L. 110-289, 42 U.S.C. 4501);
(xxi) Compensation received by or on behalf of a veteran for
service-connected disability, death, dependency, or indemnity
compensation as provided by an amendment by the Indian Veterans Housing
Opportunity Act of 2010 (Pub. L. 111-269) to the definition of income
applicable to programs authorized under the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101) and
administered by the Office of Native American Programs; and
(xxii) A lump sum or a periodic payment received by an individual
Indian pursuant to the Class Action Settlement Agreement in the case
entitled Elouise Cobell et al. v. Ken Salazar et al., United States
District Court, District of Columbia, as provided in the Claims
Resolution Act of 2010 (Pub. L. 111-291).
Dated: July 17, 2012.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian Housing.
Carol J. Galante,
Acting Assistant Secretary for Housing-Federal Housing Commissioner.
[FR Doc. 2012-18056 Filed 7-23-12; 8:45 am]
BILLING CODE 4210-67-P
