Chapter 15.01
GENERAL WELFARE EXCLUSION ORDINANCE

Sections:

15.01.010    Purpose.

15.01.020    Background, findings and intent.

15.01.030    Definitions.

15.01.040    Administration.

15.01.050    Federal trust responsibilities.

15.01.060    Government-to-government relationship – Executive Order 13175.

15.01.070    Approved programs.

15.01.080    Approved program policies.

15.01.090    Programs meeting the general test.

15.01.100    Promotion of general welfare.

15.01.110    Eligibility.

15.01.120    Limited use of benefits.

15.01.130    Programs not limited to means testing.

15.01.140    Limitations on payments – Annual budgeting.

15.01.150    Forfeiture.

15.01.160    Due process.

15.01.170    Anti-alienation.

15.01.180    Privacy – Information sharing.

15.01.190    Other tax exemptions.

15.01.200    Nonresource designation.

15.01.210    Dispute resolution.

15.01.220    Governing law.

15.01.230    Severability.

15.01.240    Sovereign immunity preserved.

15.01.250    Amendments.

15.01.260    Effective date.

15.01.300    Basic living assistance program.

15.01.310    Supplemental living assistance program.

15.01.010 Purpose.

The purpose of the general welfare exclusion ordinance (“ordinance”) is to memorialize the procedures used by the Confederated Tribes of the Chehalis Reservation (“Chehalis Tribe” or “Tribe”) to determine what services or programs are needed to promote public health, safety and other basic need services that promote the general welfare of the Tribe and its members.

This chapter further establishes basic guidelines and procedures for programs to help ensure compliance with the general welfare doctrine and Internal Revenue Code Section 139E. [Res. 2021-90A; Res. 2020-31.]

15.01.020 Background, findings and intent.

A. Traditionally, the Chehalis Tribe has exercised its sovereign right to provide assistance that promotes the general welfare and best interests of the Tribe and its members.

B. Chehalis Tribe affirms its sovereign right to provide assistance to its members on a nontaxable basis, pursuant to the general welfare doctrine.

C. Both the United States Congress, through its enactment of the Tribal General Welfare Exclusion Act of 2014, and the Internal Revenue Service, through its traditional application of the general welfare doctrine and subsequent guidance, have recognized the sovereign right of the Chehalis Tribe to provide assistance to its members under certain circumstances on a nontaxable basis.

D. The Chehalis Tribe strives, where possible, to assist its members with basic, fundamental necessities of life. The assistance provided under this chapter will not completely fund all Tribal members’ financial and other needs, but is designed to lessen the burden of living expenses in their everyday lives. [Res. 2021-90A; Res. 2020-31.]

15.01.030 Definitions.

The following terms and phrases, when used in this chapter, shall have the meaning ascribed to them:

“Approved program” means any program(s) to provide general welfare assistance that is intended to qualify for treatment under the general welfare exclusion, which is adopted by resolution of the Business Committee.

“Benefits” means any approved program assistance, including payments, which is provided pursuant to this chapter.

“Business Committee” means the governing body of the Chehalis Tribe.

“Compensation” for services should reflect that qualifying programs are not disguised employment. However, this shall not prevent the Tribe from structuring programs with community service ties so long as such ties are consistent with the general welfare exclusion.

“Constitution” means the Constitution of the Chehalis Tribe.

“Dependent” shall have the same meaning as used in Internal Revenue Code, Section 139E. The term “dependent,” for purposes of Internal Revenue Code, Section 139E, has the meaning given such term by Internal Revenue Code, Section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B).

“Disability” or “disabled” means the inability of an individual to care for him or herself due to physical or mental limitations; this classification shall be determined in accordance with Tribal law.

“General test” means any assistance will be treated as meeting the general test under the general welfare exclusion if the benefit is:

1. Paid by the Chehalis Tribe;

2. Under a program;

3. Based on either needs of members of the Tribal community itself or upon individual needs of the recipient (which need not be financial in nature);

4. Not compensation for services.

“General welfare doctrine” means the doctrine, as recognized by the IRS, permitting sovereign tribal governments to provide needs-based assistance to their members on a nontaxable basis. All payments qualifying for treatment under the general welfare doctrine must be:

1. Provided on a need basis (which need not be financial in nature);

2. For a purpose deemed to benefit the general welfare of the Tribe including, without limitation, the promotion of public health, safety, basic needs, education, cultural preservation, utility services, public education, and other functions which support the long term historical and general welfare of the Tribe.

“General welfare exclusion” means any benefits shall be treated as nontaxable under Federal law so long as it satisfies the requirements for exclusion under Internal Revenue Code Section 139E, it is provided under a safe harbor program, or it meets the general test.

“General welfare need” is a need, in the sole discretion of the Business Committee, which must be met to ensure the Tribe’s longevity as a self-governing Tribe, and includes, but is not limited to, needs in the areas of health, education, self-sufficiency, self-determination, the maintenance of culture and tradition, entrepreneurship, and employment.

“Internal Revenue Code” means the Internal Revenue Code of 1986, as amended.

“Lavish” or “extravagant” shall have the meaning determined by the Business Committee in its sole discretion based on all facts and circumstances, taking into account needs unique to the Chehalis Tribe and the social purpose being served by the particular assistance at hand, except as otherwise required for compliance with final guidance issued under Internal Revenue Code Section 139E following consultation between the Tribe and the Internal Revenue Service.

“Member” means an enrolled member of the Tribe.

“PILOT” means payment in lieu of taxes, i.e., a payment made to compensate a government for some or all of the property tax revenue lost due to tax-exempt ownership or use of real property.

“Recipient” means any Tribal member entitled to receive assistance in accordance with specific approved program requirements.

“Reservation” means the reservation of the Tribe or, if the context so permits, any other Indian reservation, as defined in Internal Revenue Code, Section 162(j).

“Safe harbor program” means a program that meets the safe harbor requirements set forth herein and in IRS Revenue Procedure 2014-35, as may be amended. Need shall be presumed for assistance provided under a safe harbor program.

“Service area” shall have the same meaning as provided in 25 C.F.R. Section 20.100.

“Service unit area” means an area designated for purposes of administration of Indian Health Service programs under 42 C.F.R. Section 136.21(l).

“Spouse” shall be determined in accordance with tribal laws, customs and traditions. [Res. 2021-90A; Res. 2020-31.]

15.01.040 Administration.

A. The Internal Revenue Service recognizes that benefits to recipients under a legislatively provided approved program for the promotion of the general welfare of the Chehalis Tribe are excludable from the gross income of those recipients.

B. The Internal Revenue Service, in IRS Revenue Procedure 2014-35, provided for safe harbor programs under which, if approved and in writing, need would be presumed, and benefits would be excluded from gross income.

C. The benefits authorized by this chapter are intended to qualify for such favorable tax treatment under the general welfare doctrine to the fullest extent permitted at law.

D. Assistance authorized by this chapter shall be an unfunded arrangement for tax purposes and shall be limited to funds appropriated, at the discretion of the Business Committee. All amounts budgeted by the Chehalis Tribe for such assistance shall remain general assets of the Tribe until such payments are disbursed.

E. Benefits are not subject to information reporting by the Tribe to the Internal Revenue Service.

F. Without limitation, the following benefits shall be treated as nontaxable hereunder:

1. Benefits that satisfy the requirements for the exemption under Internal Revenue Code Section 139E;

2. Benefits that are provided under an IRS safe harbor program;

3. Benefits that qualify for exclusion under the IRS general test of general welfare exclusion; or

4. Benefits that meet another express exemption under the Internal Revenue Code, such as the exemption provided for tribal medical expenses under Internal Revenue Code Section 139D, or that meet other recognized exemptions including, for example, resource or land-based exemptions under 25 USC Sections 117a-b, 1407 and 1408. [Res. 2021-90A; Res. 2020-31.]

15.01.050 Federal trust responsibilities.

A. The Chehalis Tribe reserves the right to provide benefits in circumstances where either Federal funding or State funding is insufficient to operate Federal or State programs designed to benefit recipients and when such funding is insufficient to adequately and consistently fulfill Federal trust obligations.

B. The Chehalis Tribe’s adoption of its approved programs is not intended to relieve or diminish the Federal government of its funding and trust responsibilities. Nothing herein shall waive the Tribe’s right to seek funding shortfalls or to enforce the trust rights of the Tribe and its members. The Tribe shall be entitled to government-to-government consultation and coordination rights in regard to this chapter with the Federal government. [Res. 2021-90A; Res. 2020-31.]

15.01.060 Government-to-government relationship – Executive Order 13175.

Coordination with Internal Revenue Service and the United States Department of the Treasury on general welfare matters shall be grounded on a government-to-government relationship that recognizes the unique relationship between the Federal government and the Tribal government. The Federal government, as a result of its treaty obligations and trust responsibility, has committed to providing education, housing, clean water, and many other basic needs for Indian people. Through a conscientious shift in policy in recent decades, the Federal government has encouraged the Tribe to provide for such needs in partnership with the Federal government and, increasingly in recent years, instead of the Federal government. Essential to the government-to-government relationship is mutual respect and deference to Tribal governance decisions. Future consultations on general welfare matters should reflect these concerns and the fact that the Tribal government, through its own ordinance setting process, is best situated to determine the needs of the Tribe and its members and the appropriate ordinance solutions. All references to Executive Order 13175 shall include any future amendments thereto. [Res. 2021-90A; Res. 2020-31.]

15.01.070 Approved programs.

The Business Committee shall adopt approved programs consistent with the purposes of this chapter. Each approved program subject to this chapter shall be consistent with the general welfare doctrine as to purpose, eligibility, and funding. [Res. 2021-90A; Res. 2020-31.]

15.01.080 Approved program policies.

Program descriptions for approved programs shall be approved by the Business Committee. At a minimum, such policies shall satisfy the requirements of this chapter including the following:

A. General Welfare Exclusion. Payments made or services provided to or on behalf of a member pursuant to programs that meet the following criteria for exemption under Internal Revenue Code, Section 139E shall be treated as nontaxable assistance under the general welfare exclusion, without the applicant having to demonstrate individual need:

1. The program is administered under specified guidelines and does not discriminate in favor of the members of the governing body of the Tribe;

2. Program benefits are available to any member who meets such guidelines;

3. Program benefits are for the promotion of the general welfare;

4. Program benefits are not lavish or extravagant; and

5. Program benefits are not compensation for services.

B. Ceremonial Activities. Any items of cultural significance, reimbursement of costs or cash honorarium for participation in cultural or ceremonial activities for the transmission of Tribal culture shall not be treated as compensation for services.

C. Safe Harbor Programs. Programs that meet the following general criteria for safe harbor treatment, and provide qualifying safe harbor benefits, shall be treated as nontaxable benefits under the general welfare exclusion without the recipient having to demonstrate individual need:

1. General Criteria for Safe Harbor Treatment.

a. The benefit is provided under a specific approved program of the Tribe;

b. The program has written policies specifying how individuals may qualify for the benefit;

c. The benefit is available to any member, identified group of members, or qualified nonmember (i.e., a spouse, former spouse, legally recognized domestic partner or former domestic partner, ancestor, descendant, or dependent of a Tribal member) who satisfies the program policies, subject to budgetary restraints;

d. The distribution of benefits from the program does not discriminate in favor of the governing body of the Tribe;

e. The benefit is not compensation for goods or services; and

f. The benefit is not lavish or extravagant under the facts and circumstances, as determined by the Business Committee.

2. Specific Safe Harbors. The following benefits may be provided under a safe harbor program. The benefits listed in the parenthetical language herein are illustrative only, rather than an exhaustive list. Thus, a benefit may qualify for exclusion from gross income as a safe harbor program even though the benefit is not expressly described in the parenthetical language herein; provided, that it meets all other requirements of Revenue Procedure 2014-35 (as may be amended):

a. Housing Programs. Programs relating to principal residences and ancillary structures that are not used in any trade or business, or for investment purposes that:

i. Pay mortgage payments, down payments, or rent payments (including but not limited to security deposits) for principal residences;

ii. Enhance habitability of housing, such as by remedying water, sewage, or sanitation service, safety issues (including, but not limited to, mold remediation), or heating or cooling issues;

iii. Provide basic housing repairs or rehabilitation (including, but not limited to, roof repair and replacement);

iv. Pay utility bills and charges (including, but not limited to, water, electricity, gas, and basic communications services such as phone, internet, and cable); or

v. Pay property taxes or make payments in lieu of taxes (“PILOTs”).

b. Educational Programs. Programs to:

i. Provide students (including, but not limited to, post-secondary students) transportation to and from school, tutors, and supplies (including, but not limited to, clothing, backpacks, laptop computers, musical instruments, and sports equipment) for use in school activities and extracurricular activities;

ii. Provide tuition payments for students (including, but not limited to, allowances for room and board on or off campus) to attend preschool, school, college or university, online school, educational seminars, vocational education, technical education, adult education, continuing education, or alternative education;

iii. Provide for the care of children away from their homes to help their parents or other relatives responsible for their care to be gainfully employed or to pursue education; and

iv. Provide job counseling and programs for which the primary objective is job placement or training, including, but not limited to, allowances for expenses for interviewing or training away from home (including, but not limited to, travel, auto expenses, lodging, and food); tutoring; and appropriate clothing for a job interview or training (including, but not limited to, an interview suit or a uniform required during a period of training).

c. Elder and Disabled Programs. Programs for individuals who have reached age 55 or are mentally or physically disabled (as defined under applicable law, including, but not limited to, Tribal government disability codes or laws) that provide:

i. Meals through home-delivered meal programs or at a community center or similar facility;

ii. Home care such as assistance with preparing meals or doing chores, or care outside the home;

iii. Local transportation assistance; and

iv. Improvements to adapt housing to special needs (including but not limited to grab bars and ramps).

d. Cultural and Religious Programs. Programs to:

i. Pay expenses (including, but not limited to, admission fees, transportation, food, and lodging) to attend or participate in Chehalis or another Tribe’s cultural, social, religious, or community activities such as ceremonies, and traditional dances;

ii. Pay expenses (including, but not limited to, admission fees, transportation, food, and lodging) to visit sites that are culturally or historically significant for the Tribe, including, but not limited to, those on other Indian reservations;

ii. Pay the costs of receiving instruction about Chehalis or another Tribe’s culture, history, and traditions (including, but not limited to, traditional language, music, and dances);

iv. Pay funeral and burial expenses and expenses of hosting or attending wakes, funerals, burials, other bereavement events, and subsequent honoring events; and

v. Pay transportation costs and admission fees to attend educational, social, or cultural programs offered or supported by the Tribe or another Tribe.

e. Other Qualifying Benefit Programs. Programs to:

i. Pay transportation costs such as rental cars, substantiated mileage, and fares for bus, taxi, and public transportation between an Indian reservation, service area, or service unit area and facilities that provide essential services to the public (such as medical facilities and grocery stores);

ii. Pay for the cost of transportation, temporary meals, and lodging of a Tribal member while the individual is receiving medical care away from home;

iii. Provide assistance to individuals in exigent circumstances (including, but not limited to, victims of abuse), including, but not limited to, the costs of food, clothing, shelter, transportation, auto repair bills, and similar expenses;

iv. Pay costs for temporary relocation and shelter for individuals displaced from their homes (including, but not limited to, situations in which a home is destroyed by a fire or natural disaster);

v. Provide assistance for transportation emergencies (for example, when stranded away from home) in the form of transportation costs, a hotel room, and meals; and

vi. Pay the cost of nonprescription drugs (including but not limited to traditional Indian Tribal medicines).

vii. Pay the medical costs of members.

3. Compensation Safe Harbor: For safe harbor programs, and subject to amendments to Revenue Procedure 2014-35 hereafter, the Tribe will presume that individual need is met for religious leaders or spiritual officials or leaders (including but not limited to medicine men, and medicine women) receiving the following benefits, and that the benefits do not represent compensation for services:

a. Benefits provided under an Indian tribal governmental program that are items of cultural significance that are not lavish or extravagant under the facts and circumstances, as determined by the Business Committee; or

b. Nominal cash honoraria provided to religious or spiritual officials or leaders (including, but not limited to, medicine men, medicine women, and shamans) to recognize their participation in cultural, religious, and social events (including, but not limited to rite of passage ceremonies, funerals, wakes, burials, other bereavement events, and subsequent honoring events).

4. Nothing in this chapter or the IRS safe harbor guidance shall limit the Tribe’s right to provide benefits outside of the safe harbor rules.

5. Any changes to the safe harbor programs as a result of the Indian General Welfare Exclusion Act of 2014 or other applicable law will be immediately incorporated, by reference, into this chapter. [Res. 2021-90A; Res. 2020-31.]

15.01.090 Programs meeting the general test.

Programs that do not qualify for nontaxable treatment under Internal Revenue Code Section 139E or under an IRS safe harbor, will nonetheless be treated as nontaxable if the approved program’s benefits meet the general test for treatment under the general welfare exclusion. For purposes of the general test only, needs must be shown in one of the following manners:

A. Individual Needs. Certain approved programs may be based on individual need, rather than the overall needs of the Tribe. For those approved programs, the Business Committee may establish income guidelines unique to the Tribe or may use income guidelines from State or Federal programs to demonstrate individual or family need. When individual or family need must be shown, the approved program may consider individual circumstances or extraordinary need to overcome presumptions based on income alone.

B. Community Needs. Certain approved programs may be based on community needs, which are so important to the self-determination, culture and traditions of the Tribe that assistance may be deemed necessary regardless of individual income or wealth. For example, states provide public education to all citizens regardless of individual income or wealth. Some approved programs may address both individual and community-based needs. The Business Committee reserves the right to require any applicant applying for consideration based on nonfinancial or community-based needs to demonstrate how the approved program benefits will benefit the tribal community as a whole, including preservation of culture, tradition and self-determination. Approval based on nonfinancial need criteria is made based on a facts and circumstances basis and will be guided by traditional values and culture. An approved program will be deemed to be based on community or nonfinancial needs if so designated by the Business Committee. [Res. 2021-90A; Res. 2020-31.]

15.01.100 Promotion of general welfare.

All benefits disbursed pursuant to this chapter shall be designed to promote the general welfare, self-determination, culture and tradition of the Tribe and its members. The Business Committee shall establish objectives for the furtherance of the general welfare, self-determination, culture and traditions of the Tribe and assess progress on said objectives in connection with its budgeting and/or strategic planning process. Approved programs shall be renewed, established, modified, or terminated based upon the needs of the Tribe, as compared to the objectives set by the Business Committee from time to time hereunder. All approved programs hereunder shall provide a social benefit for the promotion of the general welfare of the Tribe and its members, and be limited to purposes consistent with treatment under this chapter. Such purposes may include, for example, and not by way of limitation, assistance for medical care, food, shelter, health, education, subsistence, housing, elder and disabled care, assistance to meet cultural, traditional and religious needs of the Tribe and members, and assistance to promote self-sufficiency, self-determination, Tribal image, entrepreneurship, and the employment of members. Designation by the Business Committee of an approved program as falling under this chapter shall be conclusive evidence that the Business Committee, following a good faith review of Tribal needs and goals, has determined that said approved program is established to achieve a social benefit and to promote the general welfare of the Tribe and its members. [Res. 2021-90A; Res. 2020-31.]

15.01.110 Eligibility.

A. Except as set forth below, eligibility for benefits shall be limited to:

B. Only those approved programs that are adopted by resolution of the Business Committee shall be considered to be in force and effect. In the absence of specific requirements to the contrary, all programs shall be deemed to incorporate eligibility criteria that comply with Internal Revenue Code Section 139E. Descriptions of programs, including eligibility rules and limitations and application forms and procedures, must be presented to the Business Committee for approval in accordance with this chapter.

C. Each approved program shall set forth specific eligibility rules and limitations applicable to that approved program. Approved programs may limit benefits to an identified group of members, as applicable. Approved programs may limit benefits according to budget availability. [Res. 2021-90A; Res. 2020-31.]

15.01.120 Limited use of benefits.

Where applicable, a benefit must be used for the purpose stated in the approved program. In the event that a benefit is used or pledged for a purpose inconsistent with the purpose set forth in the approved program, the Tribe may seek reimbursement of the benefit amount, subject to the provisions under CTC 15.01.210, Dispute resolution. [Res. 2021-90A; Res. 2020-31.]

15.01.130 Programs not limited to means testing.

A. Programs that qualify under Internal Revenue Code Section 139E or the IRS safe harbor program shall not require a showing of individual need or means testing in order to achieve nontaxable treatment under the general welfare exclusion.

B. The Business Committee also reserves the right to provide community-based programs and programs based on nonfinancial need under the general test that are not individually means tested.

C. The Business Committee recognizes that means testing can distort certain Tribal cultural and community values. However, the Business Committee may develop programs that are financial need based in order to help those most in need of the assistance. [Res. 2021-90A; Res. 2020-31.]

15.01.140 Limitations on payments – Annual budgeting.

A. Limitations on Welfare Assistance Payments. The Business Committee, within its annual budgets, by resolution or by motion, may adopt guidelines establishing the maximum assistance payments to be made to members, for certain specified purposes or programs, or may delegate the establishment of such limitations to the approved program level. Such guidelines may also include, by way of example, factors to be considered in determining whether deviations from the general payment limitations should be permitted. Departments charged with administering particular approved programs may be delegated authority to adopt approved program guidelines, to the extent not contrary to the overall guidelines and limitations established by the Business Committee hereunder. In no event shall benefits be lavish or extravagant.

B. Annual Budgeting – Unfunded Program. The Business Committee, through its annual budgeting process, by resolution or by motion, shall designate those funding sources that are available for the payment of benefits. Notwithstanding anything to the contrary, the benefits authorized hereunder shall be “unfunded” and no recipient shall have an interest in or right to any funds budgeted for or set aside for benefits until actually paid. Benefits shall remain assets of the Tribe until distributed. [Res. 2021-90A; Res. 2020-31.]

15.01.150 Forfeiture.

A benefit may be revoked or forfeited for any recipient who is found to have misapplied funds or to have made misrepresentations during any application process. A benefit may also be forfeited should said benefits be treated as a resource to the detriment of the Tribe or a recipient. The Tribe shall have a right of recovery with regard to any excess or improper payments hereunder. [Res. 2021-90A; Res. 2020-31.]

15.01.160 Due process.

Each approved program shall offer procedures that afford a recipient an opportunity to address forfeiture issues or concerns with the approved program’s director. [Res. 2021-90A; Res. 2020-31.]

15.01.170 Anti-alienation.

To the extent allowable by law, a recipient’s eligibility for a benefit is not subject to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, attachment or garnishment by creditors of the recipient. [Res. 2021-90A; Res. 2020-31.]

15.01.180 Privacy – Information sharing.

The Tribe will maintain records regarding sensitive Tribal and member matters, including Tribal customs, religion and traditions, confidential from third party disclosures to the fullest extent permitted at law. If information is requested by Internal Revenue Service or other government agencies or third parties during a compliance review or examination, disclosures shall be limited to the extent necessary and required by law pending an effort to address such requests through consultation and other rights under Executive Order 13175, on a government-to-government basis. Confidential information shall not be shared in a manner that would open up additional disclosure; for example, under information sharing agreements the recipient may be subject to or under the Freedom of Information Act. [Res. 2021-90A; Res. 2020-31.]

15.01.190 Other tax exemptions.

Notwithstanding anything herein to the contrary, the Tribe reserves the right to waive income limits or needs basis criteria, to the extent otherwise applicable, for expenditures that otherwise qualify for tax exemptions including tax exemptions under Titles 25 or 26 of the United States Code, so long as the conditions for exemption are met. Without limitation, this includes member medical benefits, exempt under Section 9021 of the Patient Protection and Affordable Care Act of 2010 (Internal Revenue Code, Section 139D) and per capita distributions exempt under 25 U.S.C. Sections 1407 and 1408. [Res. 2021-90A; Res. 2020-31.]

15.01.200 Nonresource designation.

The Chehalis Tribe does not guarantee benefits under this chapter. Benefits shall not be treated as a resource or asset of a recipient for any purpose; and no recipient shall have an interest in or right to any funds budgeted for, or set aside for, approved programs until paid. [Res. 2021-90A; Res. 2020-31.]

15.01.210 Dispute resolution.

A. Where there is an allegation that a recipient has used or pledged a benefit in violation of CTC 15.01.120, Limited use of benefits, the Tribal Court shall have jurisdiction to determine the dispute.

B. The exclusive remedy for disputes under this chapter shall be limited to:

1. Payment of the amount of the misused benefit back to the Chehalis Tribe; or

2. Alternative means equivalent to payment as determined by Tribal Court in accordance with Chehalis tradition, and commensurate with the amount and significance of the violation.

3. The burden of proving that a recipient has used or pledged a benefit in violation of this section shall be on the Tribe. The standard for the burden shall be by a preponderance of the evidence.

4. Evidence of receipt(s) showing that a recipient used the benefit only for a general welfare need shall be conclusive proof that the benefit was not misused. [Res. 2021-90A; Res. 2020-31.]

15.01.220 Governing law.

A. All the rights and liabilities associated with the enactment of the ordinance codified in this chapter, or the benefits made hereunder, shall be construed and enforced according to the laws of the Chehalis Tribe and applicable Federal law.

B. Nothing in this chapter or the related policies or procedures adopted for its implementation, if any, shall be construed to make applicable to the Chehalis Tribe any laws or regulations which are otherwise inapplicable to the Chehalis Tribe, or from which the Chehalis Tribe is entitled to exemption because of its sovereign status. [Res. 2021-90A; Res. 2020-31.]

15.01.230 Severability.

If any provision of this chapter is held to be invalid, the remainder of this chapter shall not be affected. [Res. 2021-90A; Res. 2020-31.]

15.01.240 Sovereign immunity preserved.

A. Nothing in this chapter shall be interpreted as a waiver of the Chehalis Tribe’s sovereign immunity for any purpose.

B. Specifically, nothing in this chapter or the related policies and procedures of any approved program developed hereunder, constitutes a waiver of the sovereign immunity of the Chehalis Tribe. [Res. 2021-90A; Res. 2020-31.]

15.01.250 Amendments.

This chapter may be amended by resolution by the Business Committee. [Res. 2021-90A; Res. 2020-31.]

15.01.260 Effective date.

The ordinance codified in this chapter shall take full effect immediately after adoption by the Business Committee. [Res. 2021-90A; Res. 2020-31.]

15.01.300 Basic living assistance program.

The Chehalis Tribe recognizes its sovereign right to support its Tribal members with basic everyday living expenses to the maximum extent allowable by law. Assistance to Tribal members through the program as described in this chapter will help to provide cost assistance for Chehalis Tribal members’ basic living necessities and enhance their quality of life.

A. Accordingly, the Business Committee has approved the creation of a basic living assistance program for Tribal members by adopting the following criteria for said eligible program. The basic living assistance program encompasses cost assistance for the following types of daily living expenses:

1. Eligible housing and utilities costs include mortgage or rent, property taxes, interest, insurance, maintenance, repairs, gas, electric, water, heating oil, garbage collection, residential telephone service, cell phone service, cable television, and internet service.

2. Eligible transportation costs include ownership costs and/or public transportation costs.

3. Out-of-pocket health care expenses.

4. Miscellaneous items may include, but not limited to, other reasonable basic living expenses categorized in CTC 15.01.080(C). Examples include expenses related to cultural and spiritual related activities, childcare, job readiness, reading materials and school supplies.

B. The amount provided for by this program shall be determined by data collected by the Finance Department on an annual basis. The Finance Department shall assess the maximum amount of funding available using the data published on IRS.gov for Local Living Standards for Thurston County, Grays Harbor County or Washington State or any other methodology using representative economic data approved by the Business Committee.

C. Tribal members are to utilize this general welfare payment for the basic living assistance program or other approved programs.

D. The Business Committee, through its annual budgeting process, or by resolution, or by motion, shall designate the annual funding for and the level of the basic living assistance program based on the data collected pursuant to subsection B of this section. [Res. 2021-90A.]

15.01.310 Supplemental living assistance program.

A. The Chehalis Tribe recognizes that certain Tribal members receive supplemental security income or other public benefits, eligibility for which may be impacted by receiving benefits under the basic living assistance program. The Chehalis Tribe also recognizes that these Tribal members have needs that are not fully addressed by the public assistance they receive.

B. Accordingly, the Business Committee has established the supplemental living assistance program for Tribal members who have opted out of the basic living assistance program in accordance with this section. The supplemental living assistance program is a needs-based assistance program for Tribal members who are receiving supplemental security income or certain other public assistance benefits with income-based eligibility criteria.

C. Benefits provided under the supplemental living assistance program must be used only for expenses that would qualify under the general welfare exclusion, including but not limited to, expenses categorized in CTC 15.01.080(C).

D. The amount provided for by this program shall be determined by data collected by the Finance Department on an annual basis. The Finance Department shall assess the maximum amount of funding available using the data published on IRS.gov for Local Living Standards for Thurston County, Grays Harbor County or Washington State or any other methodology using representative economic data approved by the Business Committee.

E. The Business Committee, through its annual budgeting process, or by resolution, or by motion, shall designate the annual funding for and the level of the supplemental living assistance program based on the data collected pursuant to subsection D of this section.

F. Tribal members who have opted out of the basic living assistance program in accordance with CTC 15.01.300 may apply for the supplemental living assistance program. Tribal members applying for the supplemental living assistance program must provide certification of their eligibility for supplemental security income or other public assistance benefits based on financial need.

G. Tribal members are eligible for benefits under the supplemental living assistance program only if they have opted out of the basic living assistance program and applied for the supplemental living assistance program. Tribal members shall not receive benefits under both the basic living assistance program and the supplemental living assistance program. [Res. 2021-90A.]