RINCON BAND OF LUISEÑO INDIANS (2026)
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RINCON BAND OF LUISEÑO INDIANS
RINCON TRIBAL MEMBER GENERAL WELFARE
ASSISTANCE PROGRAM ORDINANCE
RINCON TRIBAL CODE § 17.500
Adopted April 15, 2015
Amended January 8, 2026
Ordinance No. 17.500
Original Enactment Date: April 15, 2015
Subject: General Welfare
TRIBAL MEMBER GENERAL WELFARE ASSISTANCE PROGRAM ORDINANCE
Rincon Tribal Code § 17.500
Table of Contents
§ 17.500
Findings and Purpose ........................................................................................ 1
§ 17.501
Authority ........................................................................................................... 1
§ 17.502
Definitions......................................................................................................... 3
§ 17.503
Eligible Tribal Member Assistance Eligibility ................................................. 5
§ 17.504
Annual Assistance Limits ................................................................................. 5
§ 17.505
Eligible Program Assistance ............................................................................. 6
§ 17.506
Documentation ................................................................................................ 11
§ 17.507
Program Funds Disbursement Process ........................................................... 12
§ 17.508
General Administrative Procedures ................................................................ 12
§ 17.509
Miscellaneous ................................................................................................. 13
Adopted 4/15/15
Amended 5/9/16; 11/18/16; 4/19/18; 2/28/19;
6/16/21; 11/17/22; 2/9/23; 3/26/25; 1/8/26
PAGE i
Ordinance No. 17.500
Original Enactment Date: April 15, 2015
Subject: General Welfare
TRIBAL MEMBER GENERAL WELFARE ASSISTANCE PROGRAM ORDINANCE
Rincon Tribal Code § 17.500
§ 17.500
FINDINGS AND PURPOSE
(a) The purpose of this Ordinance is to assist Eligible Tribal Members to
maintain their health, well-being, independence and quality of life. The Tribe has a
responsibility to protect and promote the general welfare interests of its members and to
assist in providing support to its members.
(b) This Ordinance is designed to provide general welfare assistance to
Eligible Tribal Members for services, activities and needs including medical expenses,
housing, utility and transportation expenses, energy assistance, health and wellness activity
expenses, social services expenses, cultural, spiritual and educational expenses, and other
related expenses as described herein. It is the Tribe’s intent that the assistance provided
pursuant to this Ordinance will meet the criteria set forth in Revenue Procedure 2014-35
(including any subsequent Internal Revenue Service guidance) and the Tribal General
Welfare Exclusion Act of 2014, for treatment as a tax exempt benefit.
§ 17.501
AUTHORITY
This Ordinance is established pursuant to the authority vested in the Tribal
Council by Section 6 of the Articles of Association to enact ordinances for the general
welfare of the Tribe, and pursuant to the Tribal General Welfare Exclusion Act of 2013,
codified under Internal Revenue Code Section 139E, which excludes from gross income,
for income tax purposes, the value of general welfare assistance that may be provided to
an Eligible Tribal Member.
§ 17.502
DEFINITIONS
(a) “Annual Assistance” shall mean the total amount of Program assistance
that may be paid to a Beneficiary pursuant to Section 17.504 of this Ordinance.
(b) “Band Member” means an enrolled member of the Band and shall have
the same meaning as Tribal Member.
(c) “Beneficiary” means the Eligible Tribal Member who receives general
welfare assistance payments for himself or herself and on behalf of one or more Qualified
Non-members, pursuant to this Program. Beneficiary means the same as Eligible Tribal
Member.
Adopted 4/15/15
Amended 5/9/16; 11/18/16; 4/19/18; 2/28/19;
6/16/21; 11/17/22; 2/9/23; 3/26/25; 1/8/26
PAGE 1
Ordinance No. 17.500
Original Enactment Date: April 15, 2015
Subject: General Welfare
TRIBAL MEMBER GENERAL WELFARE ASSISTANCE PROGRAM ORDINANCE
Rincon Tribal Code § 17.500
(d) “Dependent” means a child or individual who is legally dependent for
the fiscal year, within the meaning of Internal Revenue Code §152.
(e) “Eligible Cost Documentation” means documentation that substantiates
the Annual Assistance paid to a Beneficiary of this Program pursuant to Section 17.504 of
this Ordinance.
(f) “Eligible Tribal Member” means a living enrolled member of the Band
pursuant to Section 2 of the Articles of Association, who is not less than twenty-one (21)
years of age and not otherwise excluded from receiving such payments in accordance with
RTC § 17.507 of this Ordinance and RTC § 6.303(a).
(g) “Essential Services to the public” means medical facilities, pharmacies,
public library, post office, and grocery stores.
(h) “Fiscal Year” means the calendar year commencing January 1st and
ending December 31st each year.
(i) “Food” means the costs of purchasing foods for human consumption at
home, except alcoholic beverages, tobacco and prepared hot foods for immediate
consumption.
(j) “Health and Wellness” means nutritional support and counseling
(nutritionists) related to weight loss, diabetes prevention, heart disease and other health
risks, including for families; fitness training including facility membership fees and
coaching fees, including for families; therapeutic massage and other forms of alternative
pain management (chiropractic and acupuncture), wellness programs and counseling for
diabetes, heart disease and other health risks, including for families; substance use disorder
programs, in-patient counseling, in-patient treatment facilities and supportive housing for
recovery, including for families; psychiatric and mental health programs and counseling,
including for families; intergenerational healing and holistic health care, and cultural
connectedness and recovery care.
(k) “Housing” means the cost for a Principal Residence up to the amounts
that must be paid each month for rent or mortgage payments, including principal, property
taxes, private mortgage insurance and/or hazard insurance, and homeowners’ association
dues.
Adopted 4/15/15
Amended 5/9/16; 11/18/16; 4/19/18; 2/28/19;
6/16/21; 11/17/22; 2/9/23; 3/26/25; 1/8/26
PAGE 2
Ordinance No. 17.500
Original Enactment Date: April 15, 2015
Subject: General Welfare
TRIBAL MEMBER GENERAL WELFARE ASSISTANCE PROGRAM ORDINANCE
Rincon Tribal Code § 17.500
(l) “Incapacitated Member” means any Eligible Tribal Member or
Beneficiary who has been declared legally incompetent by any tribal, state or federal court
with the legal authority to do so.
(m) “Indian Boarding School” means an institution that (1) provided on-site
housing or overnight lodging; (2) was described in records as providing formal academic
or vocational training and instruction; (3) was described in records as receiving U.S.
Government funds or other support; and (4) was operational before 1969.
(n) “In-Home” services means assistance provided by a family member or
licensed, third-party care provider that includes, but is not limited to, preparation of meals,
housekeeping, shopping, assistance with personal care, assistance with bookkeeping and
bill paying, and handyman services.
6.301(m).
(o)
“Net Distributable Cash” shall have the same meaning as RTC §
(p) “Non-Covered Medical” includes assistance for medical expenses and
needs that are not otherwise covered by insurance or covered through other tribal, state or
federal benefits, including, but not limited to, in-home professional care from nurses,
therapists or licensed care givers; extended nursing home stays; day care; hospice care;
vision care; dental care; durable medical equipment; non-prescription drugs;
transportation, meals and lodging for medical care away from home; and insurance co-pays
and deductibles.
(q) “Ordinance” means this Rincon Eligible Tribal Member General Welfare
Assistance Program Ordinance.
(r) “Principal Residence” means a primary residence which is occupied by
the Beneficiary for more than a majority of the time during a Fiscal Year, and is used
exclusively as his/her principal residence. Principal residence may also be determined
based also on the location of the Band Member’s spouse and children, the Band Member’s
driver’s license, the address used for federal and state income tax purposes, where the Band
member is registered to vote, and other legal indicia of residency. The residence may be
real estate property in which the Beneficiary has right, title or interest held by fee simple,
by leasehold (including residential land leases and assignments under RTC § 8.700), by
tenancy in common, by tenancy in entirety, by joint tenancy, by fractional interest, or other
certified legal right of use and occupancy. Qualifying residences include but are not limited
to, a single family home, apartment, condominium, townhome, or other cooperative or
Adopted 4/15/15
Amended 5/9/16; 11/18/16; 4/19/18; 2/28/19;
6/16/21; 11/17/22; 2/9/23; 3/26/25; 1/8/26
PAGE 3
Ordinance No. 17.500
Original Enactment Date: April 15, 2015
Subject: General Welfare
TRIBAL MEMBER GENERAL WELFARE ASSISTANCE PROGRAM ORDINANCE
Rincon Tribal Code § 17.500
fractional-ownership unit. “Housing” and “residence” shall have the same meaning as
Principal Residence.
(s) “Program” means the Eligible Tribal Member General Welfare
Assistance Program described by this Ordinance.
(t) “Qualified non-Member” means a spouse, former spouse, legally
recognized domestic partner or former domestic partner, ancestor, descendant, or
Dependent of an Eligible Band Member. A Qualified non-Member has no right to receive
direct financial assistance from the Tribe.
(u) “Rincon Reservation” means all land within the exterior boundaries of
the Rincon Reservation, located in Valley Center, California, and all lands that may be
added from time to time to the Rincon Reservation after the date of enactment of this
Ordinance.
(v) “Service Area” means a geographic area designated by the Assistant
Secretary of Interior where financial assistance and social services programs are provided,
as defined by 25 C.F.R. § 20.100.
(w) “Service Unit Area” means the area designated for purposes of
administration of Indian Health Service Program pursuant to 42 C.F.R. 136.21 (1).
(x) “Shelter Costs” include costs associated exclusively with living in the
tribal member’s personal residence, including but not limited to, rent payments, damage or
advance deposits on rental property, payments on mortgages secured by the tribal
member’s personal residence, payments related to reverse mortgages secured by the tribal
member’s personal residence, payments on trailers or mobile homes (including the
property on which they rest) if utilized as the member’s personal residence, utility
payments, mortgage insurance and related fees, homeowner’s insurance, rental insurance,
personal property insurance for property located within and about the principal residence,
property taxes, condominium and homeowner’s association fees, charges for regular
maintenance and repair to make the principal residence habitable, unexpected or
emergency repairs which are not reimbursed by insurance, costs for replacing or repairing
essential items of property for maintaining a habitable home, and other costs which may
be allowed as determined by the Tribal Administrator on a case by case basis.
(y) “Transportation” means transport by bus, taxi, shuttle, hired car, rental
car, substantiated mileage use of a private automobile, and other forms of public
transportation.
Adopted 4/15/15
Amended 5/9/16; 11/18/16; 4/19/18; 2/28/19;
6/16/21; 11/17/22; 2/9/23; 3/26/25; 1/8/26
PAGE 4
Ordinance No. 17.500
Original Enactment Date: April 15, 2015
Subject: General Welfare
TRIBAL MEMBER GENERAL WELFARE ASSISTANCE PROGRAM ORDINANCE
Rincon Tribal Code § 17.500
(z) “Tribal Administrator” means the Tribal Administrator appointed by
the Tribal Council to execute administrative functions on behalf of the Tribal Government.
(aa) “Tribal Certification” means that certain form completed by the Tribal
Administrator from time to time that certifies the Annual Assistance is reasonable and
appropriate as a matter of Tribal policy and law.
§ 17.503
ELIGIBLE TRIBAL MEMBER ASSISTANCE ELIBILITY
To be eligible for assistance pursuant to this Program, a Beneficiary must be
an Eligible Tribal Member pursuant to RTC § 6.303(a).
§ 17.504
ANNUAL ASSISTANCE LIMITS
(a) Annual Limitation. Annual Assistance provided pursuant to this
Program is subject to the availability of funds. Annual Assistance is limited to no less than
ten percent (10%) and no more than eighty-five percent (85%) of Net Distributable Cash
each Fiscal Year pursuant to RTC § 6.302(a)(2).
The Annual Assistance limit is subject to change from time to time, at the
discretion of the Tribal Council. Annual Assistance shall reflect a determination by the
Tribe that this amount reasonably represents some or all of the additional financial
assistance needs of its Beneficiary population, for the types of costs of living reflected in
Section 17.505 of this Ordinance, in order to support and maintain their general welfare as
set forth in Section 17.500.
(b) Disbursement limits. Disbursements of Annual Assistance to an Eligible
Tribal Member under this Program will be made in accordance with Eligible Cost
Documentation provided by the Tribal Administrator to the Tribal Council pursuant to
Section 17.506 of this Ordinance.
(c) Non-Discrimination. Annual Assistance provided under this Program
shall not discriminate in favor of the governing body of the Tribe.
(d) Limitation on Liability. Any agreement or contract for work performed
in connection with this Program is solely between the Eligible Tribal Member and a third
party. The Tribe shall not be liable for any loss or damages whatsoever resulting from
services performed in connection with assistance provided to an Eligible Tribal Member
under this Program, and no legal relationship shall be created between the Tribe and a third
party on behalf of an Eligible Tribal Member. Satisfaction of any monetary duty or
Adopted 4/15/15
Amended 5/9/16; 11/18/16; 4/19/18; 2/28/19;
6/16/21; 11/17/22; 2/9/23; 3/26/25; 1/8/26
PAGE 5
Ordinance No. 17.500
Original Enactment Date: April 15, 2015
Subject: General Welfare
TRIBAL MEMBER GENERAL WELFARE ASSISTANCE PROGRAM ORDINANCE
Rincon Tribal Code § 17.500
obligation to a third party shall be owed and remain at all times with the Eligible Tribal
Member.
§ 17.505
ELIGIBLE PROGRAM ASSISTANCE
Program assistance is limited to the following types of costs:
(a)
Transportation Assistance.
(1)
Inside Service Area. Assistance payments may be authorized for
the costs of transportation to or from the Rincon Reservation and a
Service Area or Service Unit Area; cost of transportation to or from
the Beneficiary’s Principal Residence and the Rincon Reservation,
Service Area or Service Unit Area; costs of transportation to or from
the Beneficiary’s Principal Residence, Rincon Reservation, Service
Area or Service Unit Area and facilities that provide essential
services to the public; the costs of local transportation assistance for
an elder who does not drive that is not limited to a particular
purpose; and, for local transportation to and from a Beneficiary’s
Principal Residence for purposes of commuting to and from a place
of employment, health services and wellness services.
(2)
Outside Service Area. This includes all costs, including, but not
limited to, car payment, insurance, registration fees, annual taxes,
repair, maintenance and gasoline. The total amount shall not
exceed, on a monthly basis prorated over a twelve (12) month
period, the market rate for daily auto rental rates for a comparable
car in the geographic area of Beneficiary’s Principal Residence.
Automobile acquisition costs shall not be included as assistance.
(b) Non-Covered Medical Assistance. Assistance payments will only be
authorized for services and equipment deemed medically necessary by a licensed care
provider. Disbursement will be authorized only for licensed care providers, medical
equipment providers or medical facilities, with the exception that payment for traditional
Indian medicines may be made to a recognized Tribal Elder, official or spiritual leader.
(c) In-Home Services. If due to health issues the Beneficiary is having
trouble with any two of the daily living tasks from the following list, the Beneficiary is
eligible to receive financial assistance for in-home services from licensed or unlicensed
helpers:
Adopted 4/15/15
Amended 5/9/16; 11/18/16; 4/19/18; 2/28/19;
6/16/21; 11/17/22; 2/9/23; 3/26/25; 1/8/26
PAGE 6
Ordinance No. 17.500
Original Enactment Date: April 15, 2015
Subject: General Welfare
TRIBAL MEMBER GENERAL WELFARE ASSISTANCE PROGRAM ORDINANCE
Rincon Tribal Code § 17.500
•
•
•
•
•
•
•
•
•
•
Bathing
Eating
Getting Places
Cooking
Dressing
Walking
Light household chores
Heavy housework
Organizing business affairs
Obtaining groceries, household supplies
(d) Cultural, Social, Religious, Community and Educational Activities.
Beneficiary expenses for transportation, food, lodging and admission fees associated with
the following activities and programs are eligible for assistance payments:
•
Attending or participating in educational, cultural, social, religious
or community Programs and activities such as pow-wows,
ceremonies and traditional dances offered by the Tribe or any other
tribe or tribal organization; and
•
Visiting sites that are culturally or historically significant to the
Tribe.
(e) Delivered Meals.
Assistance payments will be authorized for
licensed catering or community and tribal service organizations for the costs associated
with preparing and delivering meals to the Beneficiary’s Primary Residence.
(f) Housing, Repair and Rehabilitation Assistance. Actual costs incurred
by the Beneficiary for Housing, basic repairs and rehabilitation of his or her Principal
Residence, including labor and materials for the following:
•
•
•
•
•
•
•
Adopted 4/15/15
Essential improvements
Energy-related improvements
Lead-based paint hazards
Improvements for handicapped accessibility
Replacement of major Housing systems
Demolition costs, when part of a rehabilitation project
Site Improvements and Utility Connections
Amended 5/9/16; 11/18/16; 4/19/18; 2/28/19;
6/16/21; 11/17/22; 2/9/23; 3/26/25; 1/8/26
PAGE 7
Ordinance No. 17.500
Original Enactment Date: April 15, 2015
Subject: General Welfare
TRIBAL MEMBER GENERAL WELFARE ASSISTANCE PROGRAM ORDINANCE
Rincon Tribal Code § 17.500
•
•
•
•
•
•
•
•
•
•
Physical Enhancements for Crime Prevention
Mold remediation
Roof repair or replacement
Removal of building code deficiencies
Exterior or interior painting
Sewage or septic systems
Heating/Cooling systems
Plumbing
Flooring
Other basic Housing repairs as may be allowed by the Tribal
Administrator
(g) Utility Assistance. Assistance payments for actual costs incurred by the
Beneficiary for utility company charges related to the use of services in his or her Principal
Residence. Eligible utility company charges include those for phone services (landline and
cellular services), electricity, gas, propane, internet, cable, water, sewer, and waste
services, and services and equipment needed in connection with utility access, e.g.,
computers, software, supplies, and equipment and utility/digital literacy services or
programs.
(h) Educational Assistance. Assistance payments are authorized for
preschool, early learning, and after-school programs, primary, secondary and postsecondary educational programs, tutoring, and associated expenses such as: room and
board, transportation costs, tuition, books, computers, software, supplies and equipment,
uniforms and other items reasonably necessary for completion of the course work or
participation in the program.
(i) Health and Wellness Assistance. Assistance payments are authorized
for Food and Health and Wellness expenses, as defined in Section 17.502.
(j) Food and Nutrition Assistance. Assistance payments are authorized for
food and nutrition modeled after the federal supplemental nutritional assistance program
(SNAP) guidelines with some exceptions, which include items such as: breads and cereals,
fruits and vegetables, meats, fish and poultry, dairy products, service deli, soft drinks,
candy, cookies, snack crackers and ice cream, seafood, steak and bakery cakes, nonalcoholic beverages, vitamins and seeds and plants which produce food; ineligible items
include: beer, wine, cigarettes or tobacco, liquor, dine-in or carry out meals and non-food
items such as pet foods, soaps, paper products or household supplies.
Adopted 4/15/15
Amended 5/9/16; 11/18/16; 4/19/18; 2/28/19;
6/16/21; 11/17/22; 2/9/23; 3/26/25; 1/8/26
PAGE 8
Ordinance No. 17.500
Original Enactment Date: April 15, 2015
Subject: General Welfare
TRIBAL MEMBER GENERAL WELFARE ASSISTANCE PROGRAM ORDINANCE
Rincon Tribal Code § 17.500
(k) Emergency Savings Fund Support. Assistance payments are authorized
for an emergency savings fund which will cover up to six (6) months of necessary living
expenses in the event of emergencies or other unforeseen circumstances. Assistance
payments will be made to a Beneficiary over an extended period of time to build their
emergency savings fund to an inflation-adjusted recommended amount based on Bureau
of Labor Statistics. This assistance is for accumulation by the Beneficiary in a savings
account and is not for immediate use; the Tribal Council is authorized to modify any other
emergency relief allowed under this Program to account for the amount of this Emergency
Savings Fund benefit received to date by the Beneficiary
(l) Emergency Assistance. Assistance payments are authorized for the
following types of emergency and exigent circumstances, provided however, the amount
of assistance will take into account and deduct for the amount which the Beneficiary is
expected to have available to him or her from their own Emergency Savings Fund:
(i)
Provide assistance to individuals in exigent circumstances
(including, but not limited to victims of abuse), including but not
limited to the cost of food, clothing, shelter, transportation, auto
repair bills, and similar expenses.
(ii)
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); and
(iii) Provide assistance for transportation emergencies (for example,
when stranded away from home) in the form of transportation costs,
a hotel room, and meals.
(m) Dependent and Qualified Non-member Care Assistance. Assistance
payments are authorized for Dependent and Qualified Non-member care as work-related
expenses for children under the age of 13 or Qualified Non-members that are not physically
or mentally able to care for himself or herself.
(n) Principal Residence Shelter Costs. With respect to a Beneficiary’s
“Principal Residence” as defined in Section 17.502, assistance payments are authorized for
Shelter Costs, as defined in Section 17.502, capped at thirty percent (30%) of the
Beneficiary’s annual income.
(o) Health and Wellness Assistance. Assistance payments are authorized for
health and wellness expenses, as defined in Section 17.502.
Adopted 4/15/15
Amended 5/9/16; 11/18/16; 4/19/18; 2/28/19;
6/16/21; 11/17/22; 2/9/23; 3/26/25; 1/8/26
PAGE 9
Ordinance No. 17.500
Original Enactment Date: April 15, 2015
Subject: General Welfare
TRIBAL MEMBER GENERAL WELFARE ASSISTANCE PROGRAM ORDINANCE
Rincon Tribal Code § 17.500
(p) Fiscal Integrity Assistance. Assistance payments are authorized for
financial counseling and tax preparation of individual (not business) returns and individual
(not business) representation for tax delinquency and compliance, including all fees and
costs associated with federal, state, local or tribal government returns or compliance.
(q) Assistance for Harms to a Beneficiary from Impacts of Substance Use
Disorders. As an initial remedy toward a path to healing, assistance are authorized for the
disproportionately high fentanyl- and methamphetamine-related fatalities within the Tribe
where many families have lost multiple relatives, with many children burying both parents
which has intensified the severity of grief within families. “Preliminary 2023 data from
California indicates that age-adjusted fentanyl-linked deaths in Indian communities
increased over 60% from 2022 to 57.3 per 100,000, twice as high as the fentanyl mortality
rate of whites in the state.” https://www.brookings.edu/wp-content/uploads/2024/11/FP20241127-fentanyl-native-communities-kebec.pdf. These deaths and the on-going
incidence of substance use disorders are a public health crisis that weaken Indian families,
and by extension, make the entire Tribe vulnerable. The deaths and on-going addiction
leave critical gaps in many of the traditional roles and responsibilities (family care,
economic support, traditional knowledge transfer) and have significant, adverse cultural
impacts through the loss of songs, narratives and well-being that define Luiseño identity
and the right of younger generations to know the traditions, values and language that inform
Luiseño existence.
(r) Assistance for Present-Day Harms to a Beneficiary from Attendance
at an Indian Boarding School. As an initial remedy toward a path to healing, assistance
payments are authorized for the harms inflicted by the twin Federal policies of Indian land
dispossession and forced assimilation through Indian education by the removal of Indian
children from their families into an Indian Boarding School that disrupted family ties and
subjected Luiseno children to militarized, identity-altering methods (renaming and cutting
hair, mandatory uniforms, changed diets, prohibitions on use of traditional language and
practices), overcrowding and malnourishment, and physical, psychological and sexual
abuse that contributed the loss of the following: (1) life, (2) physical and mental health,
(3) Indian lands and wealth, (4) tribal and family relations and (5) use of traditional
languages.
https://www.bia.gov/sites/default/files/dup/inlinefiles/bsi_investigative_report_may_2022_508.pdf;
https://www.bia.gov/sites/default/files/media_document/doi_federal_indian_boarding_sc
hool_initiative_investigative_report_vii_final_508_compliant.pdf
These harms are a public health issue that extend to present day now-adult Band Member
Boarding School attendees and their descendants, including, but not limited to:
Adopted 4/15/15
Amended 5/9/16; 11/18/16; 4/19/18; 2/28/19;
6/16/21; 11/17/22; 2/9/23; 3/26/25; 1/8/26
PAGE 10
Ordinance No. 17.500
Original Enactment Date: April 15, 2015
Subject: General Welfare
TRIBAL MEMBER GENERAL WELFARE ASSISTANCE PROGRAM ORDINANCE
Rincon Tribal Code § 17.500
(i)
adverse
childhood
experiences,
intergenerational trauma;
traumatic
stress
and
(ii)
health disparities, chronic diseases, PTSD, depression and
unresolved grief, despair, loneliness and isolation; and
(iii) intergenerational patterns of cultural and familial disruption due to
the systematic dispossession of Indian children and identity-altering
methodologies used in the schools.
(s) Long Term Emergency Assistance. During long-term emergencies such
as pandemics and war, eligible expenses may be expanded to include those expenses
incurred in connection with addressing a Beneficiary’s emergency needs, including, but
not limited to:
(i)
Job training to address negative economic or public health impacts
experienced due to a member’s occupation or level of training;
(ii)
Counseling or legal aid to prevent eviction or homelessness;
(iii) Sanitization and personal protection supplies, such as face coverings
and cleaning/sterilization solutions;
(iv) Food assistance associated with quarantine or sheltering in place;
and
(v)
Funeral costs, including those expenses associated with traditional
funeral ceremonial practices.
(t) Permitted Claims. Any state or tribal court order of garnishment or other
payment demand for purposes of repayment of any monies owned to the Tribe, or for child
support obligations, provided that the state or tribal court has jurisdiction over the parties
and subject matter.
§ 17.506
DOCUMENTATION
The Tribal Administrator shall verify eligibility for Annual Assistance paid to
a Beneficiary and maintain Eligible Cost Documentation to substantiate Annual Assistance
limits established each Fiscal Year under this Program.
Adopted 4/15/15
Amended 5/9/16; 11/18/16; 4/19/18; 2/28/19;
6/16/21; 11/17/22; 2/9/23; 3/26/25; 1/8/26
PAGE 11
Ordinance No. 17.500
Original Enactment Date: April 15, 2015
Subject: General Welfare
TRIBAL MEMBER GENERAL WELFARE ASSISTANCE PROGRAM ORDINANCE
Rincon Tribal Code § 17.500
(a) Eligibility Determination. The Tribal Administrator shall confirm the
eligibility of each Beneficiary who receives assistance under this Program through
enrollment records or other pertinent records of the Tribe.
(b) Annual Assistance Limit. For purposes of periodically testing the
propriety of the Annual Assistance provided under this Program, the Tribal Administrator
shall conduct due diligence research into the average annual costs which a Beneficiary may
expect to incur for the types of eligible assistance costs reflected in Section 17.505 of this
Ordinance.
§ 17.507
PROGRAM FUNDS DISBURSEMENT PROCESS
(a) Subject to Section 17.504, a Beneficiary is eligible to receive up to the
maximum Annual Assistance each Fiscal Year.
follows:
§ 17.508
(b)
Program assistance will be disbursed to or on behalf of the Beneficiary as
(i)
Annual Assistance Payment. The Tribal Administrator will
disburse the total Annual Assistance amount to each Beneficiary in
accordance with the annual budget approved by Tribal Council each
Fiscal Year.
(ii)
Form of Payment. The payment of Annual Assistance shall be in
the form of a tribal check or direct deposit payable to the
Beneficiary, except in the case of an Incapacitated Member. If paid
by tribal check it shall be mailed to the latest known address of the
Eligible Tribal Member.
GENERAL ADMINISTRATIVE PROCEDURES
(a) Record Maintenance. The Tribal Administrator shall maintain the
following files:
Adopted 4/15/15
(1)
For each Beneficiary, documentation establishing eligibility and all
proof of disbursement of Program funds.
(2)
For each Beneficiary determined to be ineligible, all information and
documentation of the decision-making process to disapprove
eligibility.
Amended 5/9/16; 11/18/16; 4/19/18; 2/28/19;
6/16/21; 11/17/22; 2/9/23; 3/26/25; 1/8/26
PAGE 12
Ordinance No. 17.500
Original Enactment Date: April 15, 2015
Subject: General Welfare
TRIBAL MEMBER GENERAL WELFARE ASSISTANCE PROGRAM ORDINANCE
Rincon Tribal Code § 17.500
(b)
(3)
An annual ledger recording each and every payment of Program
assistance provided to a Beneficiary during the applicable Fiscal
Year. All ledgers shall be retained for a period of no less than seven
(7) years.
(4)
For the Program, record of all due diligence research conducted to
support the Annual Assistance limit, including but not limited to
surveys, empirical data, federal and state records and official
proceedings and other research pursuant to Section 17.506.
Audit.
(1)
Beneficiaries may be required to submit documentation to annually
recertify eligibility for Annual Assistance under this Program.
(2)
Beneficiaries are required to use Program assistance exclusively for
the purposes stated herein. In the event that assistance payments are
used or pledged for a purpose inconsistent with the purposes set
forth in this Program, the Tribal Administrator shall require the
immediate repayment of the assistance payment.
(c) Appeal Procedure. Should the Tribal Administrator disapprove
eligibility of any Eligible Tribal Member to the Program, the Eligible Tribal Member may
appeal the decision by filing a written notice with the Tribal Council within fourteen (14)
working days following the certified mailing of notice of disapproval. The Eligible Tribal
Member shall be entitled to be present at a meeting of the Tribal Council and shall have
the right to present oral or written communication with regard to the reconsideration. The
decision of the Tribal Council shall be considered final.
§ 17.509
MISCELLANEOUS
a) Severability. If any provision of this Ordinance, or the application
thereof to any person or circumstance, shall be held unconstitutional or invalid by the Tribal
Council, only the invalid provision shall be severed and the remaining provision and
language of this Ordinance shall remain in full force and effect.
b) No Waiver of lmmunity. All inherent sovereign rights of the Band as a
federally recognized Indian tribe with respect to provisions authorized in this Ordinance
and are hereby expressly reserved, including sovereign immunity from unconsented suit.
Adopted 4/15/15
Amended 5/9/16; 11/18/16; 4/19/18; 2/28/19;
6/16/21; 11/17/22; 2/9/23; 3/26/25; 1/8/26
PAGE 13
Ordinance No. 17.500
Original Enactment Date: April 15, 2015
Subject: General Welfare
TRIBAL MEMBER GENERAL WELFARE ASSISTANCE PROGRAM ORDINANCE
Rincon Tribal Code § 17.500
Nothing in this Ordinance shall be deemed or construed to be a waiver of the Band’s
sovereign immunity from unconsented suit.
c) Adoption. This Program shall become effective upon its approval by
majority vote of the Tribal Council at a duly noticed meeting.
[END OF DOCUMENT]
Adopted 4/15/15
Amended 5/9/16; 11/18/16; 4/19/18; 2/28/19;
6/16/21; 11/17/22; 2/9/23; 3/26/25; 1/8/26
PAGE 14
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.