461-145-0260    Effective 04/01/19
Indian (Native American) Benefits; Not OSIP, OSIPM, and QMB

  1. This rule does not apply to the OSIP, OSIPM, and QMB programs which are treated under OAR 461-145-0259. In this rule, the term “all programs” does not include the OSIP, OSIPM, and QMB programs.

  2. In all programs, the following benefits or payments are excluded as income and resources.

    1. Public Law 84-736:  Payments from the distribution of funds held in trust to the Seminole Indians of Florida.

    2. Public Law 84-926:  Payments from the distribution of funds held in trust to the Pueblos of Zia and Jemez tribes of Florida.

    3. Public Law 92-480:  Payments from the distribution of funds held in trust to the Stockbridge Munsee Indian Community of Wisconsin.

    4. Public Law 92-488:  Payments from the distribution of funds held in trust to the Burns Indian Colony in Oregon.

    5. Public Law 93-531:  Relocation assistance payments to members of the Navaho or Hopi Tribes.

    6. Public Law 94-114, section 6:  Distribution of receipts from lands held in trust by the United States for the following tribes:

      1. Assiniboine and Sioux Tribe of Montana.
      2. Bad River Band of the Lake Superior Tribe of Chippewa Indians of Wisconsin.
      3. Blackfeet Tribe of Montana.
      4. Cherokee Nation of Oklahoma.
      5. Cheyenne River Sioux Tribe of South Dakota.
      6. Chippewa Tribe of Minnesota.
      7. Crow Creek Sioux Tribe of South Dakota.
      8. Devil’s Lake Sioux Tribe of North Dakota.
      9. Fort Belknap Indian Community of Montana.
      10. Keweenaw Bay Indian Community of Michigan.
      11. Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin.
      12. Lower Brule Sioux Tribe of North Dakota.
      13. Navajo Tribe of New Mexico.
      14. Oglala Sioux Tribe of South Dakota.
      15. Rosebud Sioux Tribe of South Dakota.
      16. Shoshone – Bannock Tribes of Idaho.
      17. Standing Rock Sioux Tribe of North Dakota.    
    7. Public Law 94-540:  Judgment funds distributed to members of the Grand River Band of Ottawa Indians.
    8. Public Law 95-433:  Judgment funds distributed to members of the Confederated Tribes and Bands of the Yakima Indian Nation or the Apache Tribe of the Mescalero Reservation.
    9. Public Law 95-498:  Receipts derived from trust lands awarded to the Pueblo of Santa Ana and distributed to members of that tribe.
    10. Public Law 95-499:  Receipts derived from trust lands awarded to the Pueblo of Zia and distributed to members of that tribe.
    11. Public Law 95-608:  Indian child welfare payments.
    12. Public Law 96-305:  Relocation assistance payments to members of the Navaho or Hopi Tribes.
    13. Public Law 96-318:  Judgment funds distributed to members of the Delaware Tribe of Indians and the absentee Delaware Tribe of Western Oklahoma.
    14. Public Law 96-420:  Funds and distributions to members of the Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band of Maliseet Indians under the Maine Indian Claims Settlement Act.
    15. Public Law 97-372:  Distributions of judgment funds to members of the Shawnee Tribe of Indians (Absentee Shawnee Tribe of Oklahoma, the Eastern Shawnee Tribe of Oklahoma, and the Cherokee Band of Shawnee descendants.
    16. Public Law 97-376:  Judgment funds distributed per capita to members of the Miami Tribe of Oklahoma and the Miami Indians of Indiana.
    17. Public Law 97-403:  Payments on judgments funds to the Turtle Mountain Band of Chippewas, Arizona.
    18. Public Law 97-408:  Payments on judgment funds to the Blackfeet, Gros Ventre, and Assiniboine tribes (Montana) and the Papago (Arizona).
    19. Public Law 98-64:  Payments from judgment funds held in trust by the US Secretary of the Interior.
    20. Public Law 98-123:  Judgment funds held in trust and per capita and interest payments disbursed to the Red Lake Band of Chippewa Indians.
    21. Public Law 98-124:  Judgment funds held in trust and per capita and interest payments made to the members of the Assiniboine Tribe of the Fort Belknap Indian Community (Montana) and the Assiniboine Tribe of the Fort Peck Indian Reservation (Montana).
    22. Public Law 98-432:  Judgment funds and income distributed to members of the Shoalwater Bay Indian Tribe.
    23. Public Law 99-130:  Per Capita and dividend payment distributions of judgment funds to members of Santee Sioux Tribe of Nebraska, Flandreau Santee Sioux Tribe, Prairie Island Sioux, Lower Sioux and Shakopee Mdewakanton Sioux Communities of Minnesota.
    24. Public Law 99-146, section 6(b):  Funds distributed per capita or held in trust for members of the Chippewas of Lake Superior. The funds are distributed to the following reservations:

      1. Wisconsin: Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation, Lac Courte Oreilles Band of Lake Superior Bands of Chippewa Indians of the Lac du Flambeau Reservation, Sokaogon Chippewa Community of the Mole Lake Band of Chippewa Indians, Red Cliff Reservation, St. Croix Chippewa Reservation.
      2. Michigan: Keweenaw Bay Indian Community (L’Anse, Lac Vieux Desert and Ontonagon Bands).
      3. Minnesota: Fond du lac Reservation, Grand Portage Reservation, Bois Fort Reservation (including Nett Lake, Vermillion Lake and Deer Creek), White Earth Reservation.
    25. Public Law 99-264:  Payments and funds held in trust to the White Earth Band of Chippewa Indians in Minnesota under the White Earth Reservation Land Settlement Act of 1985, Section 16.
    26. Public Law 99-346 section 6(b)(2):  Per capita payments and income from a distribution of funds held in trust to the Saginaw Chippewa Tribe of Michigan.
    27. Public Law 99-377 section 4(b):  Per capita payments distributed or held in trust to the Chippewas of Mississippi under Public Law 99-377 Section 4(b), to those with affiliation with the Mille Lacs, White Earth and Leech Lake Reservations in Minnesota, and paid by the Indian Claims Commission.
    28. Public Law 100-139:  Judgment payments disbursed to the Umpqua Tribe Cow Creek Band.
    29. Public Law 100-383:  Per capita restitution payments made to eligible Aleuts who were relocated or interned during World War II.
    30. Public Law 101-41:  Funds, assets or income received from the trust fund established and paid to the Puyallup Tribe of the State of Washington under Section 9(b) of the Puyallup Tribe of Indians Settlement Act of 1989.
    31. Public Law 101-503 Section 8(b):  Settlement payments, funds distributed or held in trust to   members of the Seneca Nation under the Seneca Nation Settlement Act of 1990.
    32. Public Law 102-171:  Payments to the Aroostook Band under the Micmac Settlement Act.
    33. Public Law 103-116:  Settlement funds, income, payments or distributions from Trust Funds to members of the Catawba Indian Tribe under the Catawba Indian Tribe of South Carolina Land Claims Settlement Act of 1993.
    34. Public Law 103-436:  Payments from the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act.
    35. Public Law 103-444:  Payments made or benefits granted by the Crow Boundary Settlement Act of 1994.
    36. Public Law 105-143:  Distributions of judgment funds to the Ottawa and Chippewa Indians of Michigan under the Michigan Indian Land Claims Settlement Act.
    37. Public Law 108-270:  Per capita distribution of judgment funds to members of the Western Shoshone Indians.
    38. Public Law 111-291 section 101:  Payments from the Tribal Trust Accounting and Management Lawsuits. If the funds are comingled with other funds, the resource      is excluded for only 12 months and counted thereafter.
    39. Tribal Benefits from timber sales or oil reserves from land held in trust by the Secretary of the Interior.

  3. Payments from the Bureau of Indian Affairs are treated as follows:

    1. In the SNAP program, payments from the General Assistance program are counted as unearned income.

    2. In all programs except the SNAP program, payments from the General Assistance program are excluded.

    3. Educational income treatment is under OAR 461-145-0150.

  4. In all programs except the SNAP program, the following payments are excluded unearned income. In the SNAP program, the Department excludes the first $2,000 of each per capita payment per individual in the financial group (see OAR 461-110-0530) and the balance is counted as unearned periodic income.

    1. Public Law 85-794:  Distribution of Per Capita Funds to the Red Lake Band of Chippewa Indians from the proceeds of the sale of timber and lumber on the Red Lake Reservation.

    2. Public Law 93-134:  Indian Judgement Funds Distribution Act payments received from trust or restricted lands under 25 USC 1408.

    3. Public Law 97-458:  Payments received from trust or restricted lands under 25 USC 1408. 

  5. In all programs except the ERDC and SNAP programs, the following payments are excluded unearned income. In the SNAP and ERDC programs, the Department excludes the first $2,000 of each per capita payment per individual in the financial group and the balance is counted as unearned periodic income. 

    1. Public Law 100-411:  Per capita payments of claims settlement funds to members of the Coushatta Tribe of Louisiana.

    2. Public Law 100-581:  Judgment funds distributed to members of the Wisconsin Band of Potawatomi (Hannahville Indian Community and Forest County Potawatomi).

    3. Public Law 101-618:  Per capita distributions of settlement funds under the Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990.  

  6. Public Law 101-277 funds appropriated in satisfaction of judgments awarded to the Seminole Indians and paid by the Indians Claims Commission are excluded unearned income in the SNAP program. In all programs other than the SNAP program, the Department excludes the first $2,000 of each per capita payment per individual in the financial group and counts the balance as unearned periodic income. These payments are allocated to members of the Seminole Nation of Oklahoma, Seminole Tribe of Florida, the Miccosukee Tribe of Indians of Florida and the independent Seminole Indians of Florida.

  7. In all programs except the ERDC program, the payments in this section are excluded unearned income. In the ERDC program, the Department excludes the first $2,000 of each capita payment per individual in the financial group and counts the balance as unearned periodic income.

    1. Public Law 94-189:  Judgment funds distributed to members of the Sac and Fox Indian Nation.

    2. Public Law 98-602:  Per Capita distributions of judgment funds to members of the Wyandotte Tribe in Oklahoma and absentee Wyandotte.
  8. In all programs except the SNAP program, the payments in this section are excluded unearned income. In the SNAP program, the Department excludes the first $2,000 each year of per capita payments per individual in the financial group and count the balance as unearned periodic income.

    1. Public Law 92-254:  Distribution of Per Capita Funds by the Blackfeet and Gros Ventre tribal governments to members, which resulted from judgment funds to the tribes.

    2. Public Law 103-66:  Payments for land held in trust by the Secretary of the Interior under 25 USC 1408.

    3. Payments from land designated as Indian trust land and not addressed elsewhere in this rule.

  9. For the following payments, the Department excludes the first $2,000 each year of per capita payments per individual in the financial group and counts the balance as unearned periodic income.

    1. Public Law 92-203, the Alaska Native Claim Settlement Act payments.

    2. Public Law 100-241, the Alaska Native Claim Settlement Act Amendment of 1987.

  10. Public Law 98-500, section 8(b) (Old Age Assistance Claims Settlement Act) payments are excluded in the ERDC program. In all programs other than the ERDC program, the Department excludes the first $2,000 of each per capita payment per individual in the financial group and counts the balance as unearned periodic income.

  11. The Department excludes the first $2,000 of each per capita payment per individual in the financial group and counts the balance as unearned periodic income for the following:

    1. Public Law 100-580:  Funds distributed to the Hoopa Valley Tribe and the Yurok Tribe under the Hoopa-Yurok Settlement Act, and paid by the Indian Claims Commission.
    2. Public Law 97-436:  Per capita distributions of judgment funds to members of the Confederated Tribes of the Warm Springs Reservation.
  12. Tribal payments for child care are treated as follows:

    1. Provider-direct payments are counted as the provider's earned income.

    2. All client-direct payments are excluded.

  13. Commercial fishing income under one of the Columbia River Fishing Treaties for Yakima, Warm Springs, Umatilla and Nez Perce tribes is counted as earned income.

  14. Tribal-TANF payments are counted in the same manner as TANF program payments under OAR 461-145-0410.

  15. All other Indian (Native American) benefit payments distributed by the tribe and not excluded by public law are counted as unearned income. This includes the following:

    1. Profit share or per capita income from tribal casinos.

    2. Income derived from land not held in trust by the secretary of the interior such as timber sales or sale of oil reserves.

    3. Public Law 91-259:  Payments from the distribution of judgment funds to members of the Confederated Tribes of the Umatilla Indian Reservation.
  16. Indian lands held jointly with the tribe, or land that may not be sold without the approval of the Bureau of Indian Affairs (BIA) are excluded resources.

Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.070, 411.083, 411.404, 411.816, 412.014, 412.049
Statutes/Other Implemented: ORS 329A.500, 409.010, 411.060, 411.083, 411.404, 411.816, 412.014, 412.049

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