A. Individual Needs. Certain programs may be based on individual need, rather than an overall need of the Tribe as a whole. For those programs, the Council may establish income guidelines unique to the Tribe or may use readily available income guidelines used by state or federal programs to demonstrate individual or family need. When individual or family need must be shown, the program may take into account individual circumstances or extraordinary need to overcome presumptions based on income alone.

B. Community Needs. Certain programs may be based on community needs, which are so important to the self-determination, health, culture and traditions of the Tribe that assistance may be deemed necessary regardless of individual income or wealth. Some approved programs may address both individual and community-based needs. The Council reserves the right to require any applicant applying for consideration based on nonfinancial or community-based needs to demonstrate how the program benefits will benefit the Tribal community as a whole, including preservation of culture, tradition and self-determination of the Tribe. Approval based on nonfinancial need criteria is made on a facts and circumstances basis and will be guided by traditional values and culture. A program will be deemed to be based on community or nonfinancial needs if so designated by the Council.

C. Not Limited to Means Testing. Programs that qualify under the IRS Safe Harbor shall not require a showing of individual need or means testing in order to achieve nontaxable treatment under the General Welfare Exclusion. The Tribal Council reserves the right to provide approved programs based on nonfinancial need under the General Test that are not individually means tested. [Ord. 16-20 § 6, approved 6/8/20.]