TN 35 (04-95)

Citations:

20 CFR 416.1234

A. Policy

In determining the resources of an individual (and spouse, if any) who is of Indian descent from a federally recognized Indian tribe, any interests of the individual (or spouse) in trust or restricted lands are excluded from resources.

B. Procedure

If an individual Indian alleges an interest in trust or restricted land:

• obtain for the file a copy of any document or documents that might identify it as such; and/or

• verify the allegation with the appropriate Indian agency.

If verification is by phone, document the file with an RC. Prepare a determination on the basis of the evidence.

C. References

• Income derived from individual interests in trust or restricted lands, SI 00830.850

• Other resource exclusions for members of Indian tribes,
  SI 00830.830