“Accountability guidelines” means the policy established by the office of the Chairperson and approved by the Tribal Council, which establishes certain requirements for persons between the age of eighteen (18) and twenty-one (21) to be eligible for receipt of up to one hundred percent (100%) of the annual assistance provided under this program in the form of a forgivable loan, and includes, at a minimum, mandatory annual meetings with tribal administration to review the person’s educational and career goals.

“Act” means this chapter, General Welfare Act of 2022.

“Annual assistance” means the total amount of program assistance that may be paid to a beneficiary pursuant to Section 13-303.

“Application forms” means the forms, documents, information, attachments, exhibits, and all other submitted items that were submitted for the purposes of requesting or receiving program assistance.

“Authorized representative” means an individual that will physically receive a minor’s program assistance disbursement to distribute to the minor, act on behalf of the minor, and/or act in the best interest of the minor.

“Beneficiary” means an eligible tribal member who receives general welfare assistance payments pursuant to the program.

“Benefit” means any social or general welfare benefit provided by the Tribe to its members regardless of whether it takes the form of a monetary payment, service or property that is administered in accordance with applicable law, including but not limited to this chapter, the federal Tribal General Welfare Exclusion Act and the IRS guidance.

“Constitution” means the Constitution of the Wilton Rancheria, adopted on November 12, 2011, as amended on December 8, 2012.

“Dependent” means a child or individual who is legally dependent for the fiscal year, within the meaning of Internal Revenue Code § 152.

“Elder” means an eligible tribal member who is sixty-two (62) years of age or older.

“Eligible cost documentation” means documentation that substantiates the annual assistance paid to a beneficiary of this program pursuant to Section 13-305.

“Eligible tribal member” means any living enrolled member of the Tribe, who is not otherwise excluded from receiving benefits in accordance with Section 13-302, and is (1) below eighteen (18) years of age; (2) at least eighteen (18) years of age and less than twenty-two (22) years of age and has obtained a high school diploma, GED or the equivalent demonstrating successful completion of secondary education, then that person may receive one hundred percent (100%) of the annual assistance in the form of a forgivable loan so long as the person complies with established accountability guidelines and additional substantiation requirements; (3) at least twenty-two (22) years of age and less than twenty-five (25) years of age and has obtained a high school diploma, GED or the equivalent demonstrating successful completion of secondary education; or (4) at least twenty-five (25) years of age.

“Essential services to the public” means medical and emergency facilities, pharmacies, public library, post office, and grocery stores.

“Fiscal year” means the calendar year commencing January 1 and ending December 31 each year.

“Good standing” shall have the meaning given to it in the Good Standing Act of 2023, and if no such definition is given, “good standing” means (1) a member is in compliance with all applicable tribal laws including attending financial skills training as may be required, and (2) a member owes no financial debts to the Tribe or has made arrangements for repayment of any debts owed to the Tribe subject to the satisfaction of the office of the Chairperson and (3) is not incarcerated.

“Health and wellness” means nutritional support and counseling (nutritionists) related to weight loss, diabetes prevention, heart disease and other health risks; fitness training including facility membership fees and coaching fees; therapeutic massage, wellness programs and counseling for diabetes, heart disease and other health risks; substance abuse programs and counseling; mental health programs and counseling. Each of these categories include members of the household and any of the beneficiary’s dependents.

“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, homeowners’ association dues.

“Incompetent member” means any member or beneficiary who has been declared legally incompetent by any tribal, state or federal court with the legal authority to do so.

“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 handyperson services.

“Internal Revenue Code” or “I.R.C.” means the United States Internal Revenue Code, setting forth the tax laws of the United States.

“Internal Revenue Service” or “IRS” means the United States Internal Revenue Service, its agents and personnel, who are charged with enforcing the IRC.

“IRS guidance” means IRS Revenue Procedure 2014-35, entitled Application of the General Welfare Exclusion to Indian Tribal Government Programs that provide benefits to tribal members, as issued by the IRS on June 3, 2014, and as may be amended by the IRS, which addresses benefits provided on or after that date.

“Member(s)” means any person listed on the official membership roll of Wilton Rancheria.

“Minors” means any person who is a duly enrolled member of the Tribe, who has not reached the age of eighteen (18).

“Net distributable cash” shall have the same meaning as in the Revenue Allocation Plan Act of 2021.

“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; nonprescription drugs; transportation, meals and lodging for medical care away from home; insurance co-pays and deductibles.

“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 their principal residence. Principal residence may also be determined based on the location of the member’s spouse and children, the member’s driver’s license, the address used for federal and state income tax purposes, where the 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 Wilton Rancheria law), 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 fractional-ownership unit. “Housing” and “residence” shall have the same meaning as principal residence.

“Program” means the Wilton Rancheria’s General Welfare Program as described by this chapter.

“Program Administrator” means the person or position appointed by the Office of the Chairperson to execute administrative functions in accordance with this chapter and other applicable laws of the Tribe. The Program Administrator (1) shall be an employee of the Tribe; (2) shall be at least twenty-five (25) years of age; and (3) shall not have been convicted of a felony.

“Revenue allocation plan” or “RAP” means the Revenue Allocation Plan Act of 2021, 1 WRC § 9-101, et seq., enacted on April 12, 2021, and as may be amended thereafter.

“Service area” means a geographic area designated by the Assistant Secretary of the Interior where financial assistance and social services programs are provided, as defined by 25 C.F.R. § 20.100.

“Service unit area” means the area designated for purposes of administration of Indian Health Service programs pursuant to 42 C.F.R. 136.21(l).

“Shelter costs” include costs associated exclusively with living in the member’s personal residence, including, but not limited to, rent payments, advance deposits on rental property, payments on mortgages secured by the 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 Program on a case-by-case basis.

“Transportation” means transport by bus, taxi, shuttle, hired car, ride share service, rental car, substantiated mileage use of a private automobile, car payments and any other forms of private or public transportation.

“Tribal General Welfare Exclusion Act” means federal Public Law No. 113-168 (2014), 26 U.S.C. § 139E, as instituted on September 26, 2014, and as may be amended by the United States.

“Tribal” or “Tribe” means the Wilton Rancheria, a federally recognized Indian tribe exercising jurisdiction over the Tribe’s reservation and territory as described in Article II of the Constitution.

“Wilton Rancheria land” means all land within the exterior boundaries of the Wilton Rancheria reservation, located in Elk Grove, California, all fee lands now owned or acquired in the future, and all lands that may be added from time to time to the Wilton Rancheria reservation after the date of enactment of this chapter. (Res. 2023-44 Exh. A; Res. 2023-18 Exh. A; Res. 2022-78 Exh. A)