OAR 461-145-0259
Indian (Native American) Benefits; OSIP, OSIPM, and QMB

(1)

The following Indian (Native American) benefits are excluded from income and resources:

(a)

Indian lands held jointly with the tribe, or land that may not be sold without the approval of the Bureau of Indian Affairs (BIA).

(b)

Payments made under the Indian Judgment Funds Distribution Act (Public Law 93-134).

(c)

Distribution of Indian Judgment Funds (Public Law 97-458).

(A)

Indian judgment funds include interest and investment income accrued while the funds are held in trust.

(B)

Initial purchases made with distributed judgment funds are excluded from resources.

(d)

Per capita distributions of all funds held in trust by the Secretary of the Interior to members of an Indian tribe (Public Law 98-64).

(e)

The following items received from a native corporation are excluded under the Alaska Native Claims Settlement Act (ANCSA) (Public Law 100-241):

(A)

Cash received from a native corporation, including cash dividends on stock received from a native corporation, to the extent it does not exceed $2,000 per individual per year.

(B)

Stock, including stock issued or distributed by a native corporation as a dividend or distribution on stock.

(C)

A partnership interest.

(D)

Land or an interest in land, including land or an interest in land received from a native corporation as a dividend or distribution on stock.

(E)

An interest in a settlement trust.

(f)

Up to $2000 per year received from payments from individual interests in Trust or Restricted Lands (Public Law 103-66).

(g)

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 (Public Law 85-794).

(h)

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

(i)

Distribution of Claims Settlement Funds to members of the Hopi and Navajo Tribes (Public Laws 93-531 and 96-305).

(j)

Receipts and distributions derived from lands held in trust for Indian tribes are excluded from the following Indian groups (Public Law 94-114):

(A)

Seminole Indians.

(B)

Pueblos of Zia and Jimenez.

(C)

Stockbridge Munsee Indian Community.

(D)

Burns Indian Colony.

(E)

Assiniboine and Sioux Tribe.

(F)

Bad River Band of the Lake Superior Tribe of Chippewa Indians.

(G)

Blackfeet Tribe of Montana.

(H)

Cherokee Nation of Oklahoma.

(I)

Cheyenne River Sioux Tribe.

(J)

Crow Creek Sioux Tribe.

(K)

Devil’s Lake Sioux Tribe.

(L)

Fort Belknap Indian Community.

(M)

Keweenaw Bay Indian Community.

(N)

Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(O)

Lower Brule Sioux Tribe.

(P)

Minnesota Chippewa Tribe.

(Q)

Navajo Tribe.

(R)

Oglala Sioux Tribe.

(S)

Rosebud Sioux Tribe.

(T)

Shoshone-Bannock Tribe.

(U)

Standing Rock Sioux Tribe.

(k)

Judgment funds distributed per capita to, or held in trust for, members of the Sac and Fox Indian Nation (Public Law 94-189).

(l)

Judgment funds distributed per capita to, or held in trust for, members of the Grand River Band of Ottawa Indians (Public Law 94-540).

(m)

Judgment funds distributed per capita to members of the Confederated Tribes and Bands of the Yakima Indian Nation or the Apache Tribe of the Mescalero Reservation (Public Law 95-433).

(n)

Receipts derived from trust lands awarded to the Pueblo of Santa Ana and distributed to members of that tribe (Public Law 95-498).

(o)

Receipts derived from trust lands awarded to the Pueblo of Zia and distributed to members of that tribe (Public Law 95-499).

(p)

Judgment funds distributed per capita or made available for programs for members of the Delaware Tribe of Indians and the absentee Delaware Tribe of Western Oklahoma (Public Law 96-318).

(q)

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 (Public Law 96-420).

(r)

Distributions of judgment funds to members of the San Carlos Tribe of Arizona (Public Law 97-95).

(s)

Distributions of judgment funds to members of the Wyandot Tribe of Indians of Oklahoma (Public Law 97-371).

(t)

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) (Public Law 97-372).

(u)

Judgment funds distributed per capita or made available for programs for members of the Miami Tribe of Oklahoma and the Miami Indians of Indiana (Public Law 97-376).
(v)
Distributions of judgment funds to members of the Clallam Tribe of Indians of the State of Washington (Port Gamble Indian Community, Lower Elwha Tribal Community, and the Jamestown Band of Clallam Indians) (Public Law 97-402).

(w)

Judgment funds distributed per capita or made available for programs for members of the Pembina Chippewa Indians (Turtle Mountain Band, Chippewa Cree Tribe, Minnesota Chippewa Tribe, and Little Shell Band of Chippewa Indians of Montana) (Public Law 97-403).
(x)
Per capita distributions of judgment funds to members of the Gros Ventre and Assiniboine Tribes of Fort Belknap Indian Community, and the Papago Tribe of Arizona (Public Law 97-408).

(y)

Up to $2,000 of per capita distributions of judgment funds to members of the Confederated Tribes of the Warm Springs Reservation (Public Law 97-436).

(z)

Judgment funds distributed to the Red Lake Band of Chippewa Indians (Public Law 98-123).

(aa)

Funds distributed per capita or family interest payments for members of the Assiniboine Tribe of the Fort Belknap Indian Community of Montana and the Assiniboine Tribe of the Fort Peck Indian Reservation of Montana (Public Law 98-124).

(bb)

Judgment funds and income therefrom distributed to members of the Shoalwater Bay Indian Tribe (Public Law 98-432).

(cc)

All distributions to heirs of certain deceased Indians under the Old Age Assistance Claims Settlement Act (Public Law 98-500).

(dd)

Judgment funds distributed per capita or made available for any tribal program, for members of the Wyandotte Tribe of Oklahoma and the Absentee Wyandottes (Public Law 98-602).

(ee)

Per capita and dividend payment distributions of judgment funds to members of the Santee Sioux Tribe of Nebraska, the Flandreau Santee Sioux Tribe, and the Prairie Island Sioux, Lower Sioux, and Shakopee Mdewakanton Sioux Communities of Minnesota (Public Law 99-130).

(ff)

Funds distributed per capita or held in trust for members of the Chippewas of Lake Superior and the Chippewas of the Mississippi (Public Law 99-146).

(gg)

Distributions of claims settlement funds to members of the White Earth Band of Chippewa Indians as allottees, or their heirs (Public Law 99-264).

(hh)

Payments or distributions of judgment funds, and the availability of any amount for such payments or distributions, to members of the Saginaw Chippewa Indian Tribe of Michigan (Public Law 99-346).
(ii)
Judgment funds distributed per capita or held in trust for members of the Chippewas of Lake Superior and the Chippewas of the Mississippi (Public Law 99-377).

(jj)

Judgment funds distributed to members of the Cow Creek Band of Umpqua Tribe of Indians (Public Law 100-139).

(kk)

Per capita restitution payments made to eligible Aleuts who were relocated or interned during World War II (Public Law 100-383).

(ll)

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

(mm)

Funds distributed per capita for members of the Hoopa Valley Indian Tribe and the Yurok Indian Tribe (Public Law 100-580).

(nn)

Judgment funds held in trust by the United States, including interest and investment income accruing on such funds, and judgment funds made available for programs or distributed to members of the Wisconsin Band of Potawatomi (Hannahville Indian Community and Forest County Potawatomi) (Public Law 100-581).

(oo)

All funds, assets, and income from the trust fund transferred to the members of the Puyallup Tribe under the Puyallup Tribe of Indians Settlement Act of 1989 (Public Law 101-41).

(pp)

Judgment funds distributed per capita, or held in trust, or made available for programs, for members of the Seminole Nation of Oklahoma, the Seminole Tribe of Florida, the Miccosukee Tribe of Indians of Florida, and the independent Seminole Indians of Florida, plus any interest and investment income accruing on the funds held in trust (Public Law 101-277).

(qq)

Payments, funds, distributions, or income derived from them under the Seneca Nation Settlement Act of 1990 (Public Law 101-503).

(rr)

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

(ss)

Settlement funds, assets, 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 (Public Law 103-116).

(tt)

Settlement funds held in trust, including interest and investment income accruing on such funds, and payments made to members of the Confederated Tribes of the Colville Reservation under the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act (Public Law 103-436).

(uu)

Payments made or benefits granted by the Crow Boundary Settlement Act of 1994 (Public Law 103-444).
(vv)
Per capita distribution judgment funds to members of the Western Shoshone Indians (Public Law 108-270).

(ww)

Payments made or granted to the Aroostook Band of Micmacs under Public Law 102-171.
(xx)
Payments made from the distribution of judgment funds to members of the Confederated Tribes of the Umatilla under Public Law 91-259.

(yy)

Payments from the Tribal Trust Accounting and Management Lawsuits under Public Law 111-291, section 101.

(2)

Bureau of Indian Affairs (BIA) General Assistance payments are federally-funded income based on need and are counted as unearned income, regardless of whether they are paid in cash or in kind. The $20 per month general income exclusion does not apply to these payments.

(3)

Individual Indian Money (IIM) accounts are treated as follows:

(a)

For an account that requires BIA Authorization for withdrawal (restricted):

(A)

A deposit required by the BIA is excluded as income and as a resource.

(B)

A deposit not required by the BIA is counted or excluded as income in accordance with this chapter of rules based on the source of the deposit. The deposit is excluded as a resource.

(C)

A withdrawal is treated in accordance with this chapter of rules based on the source of the funds withdrawn. When funds in the account include both excluded and non-excluded funds, the Department presumes that the non-excluded funds are withdrawn first.

(b)

For an account that does not require BIA authorization for a withdrawal (unrestricted): Deposits and withdrawals are treated in accordance with this chapter of rules based on the source of the deposit or withdrawal. When funds in the account include both excluded and non-excluded funds, the Department presumes that the non-excluded funds are withdrawn first.

Source: Rule 461-145-0259 — Indian (Native American) Benefits; OSIP, OSIPM, and QMB, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=461-145-0259.

461–145–0000
Achieving a Better Life Experience (ABLE) Act 461–145–0001
Adoption Assistance 461–145–0005
Agent Orange Disability Benefits 461–145–0008
Alaska Permanent Fund Dividend 461–145–0010
Animals 461–145–0020
Annuities 461–145–0022
Annuities 461–145–0025
Approved Accounts 461–145–0030
Bank Account 461–145–0035
Black Lung Benefits 461–145–0040
Burial Arrangements and Burial Fund 461–145–0050
Burial Space and Merchandise 461–145–0060
Cash 461–145–0080
Child Support and Cash Medical Support 461–145–0086
Contributions 461–145–0087
Coronavirus Aid, Relief, and Economic Security (CARES) Act 461–145–0088
Corporations and Business Entities 461–145–0089
Corporations and Other Business Entities 461–145–0090
Disability Benefit 461–145–0100
Disaster Relief 461–145–0105
Disqualifying Income 461–145–0108
Dividends, Interest and Royalties 461–145–0110
Domestic Volunteer Services Act (VISTA, RSVP) and Small Business Act (SCORE, ACE) 461–145–0120
Earned Income 461–145–0130
Earned Income 461–145–0140
Earned Income Tax Credit (EITC) 461–145–0143
Economic Recovery Payment 461–145–0145
Educational Account 461–145–0150
Educational Income 461–145–0170
Energy Assistance Payments 461–145–0175
Family Abuse Prevention Act (FAPA) Payments 461–145–0184
Filipino Veterans Equity Compensation Fund 461–145–0185
Floating Homes and Houseboats 461–145–0190
Food Programs Other Than the SNAP program 461–145–0200
Foster Care Payments and Guardianship Assistance Benefits 461–145–0210
Gifts and Winnings 461–145–0220
Home 461–145–0230
Housing and Urban Development 461–145–0240
Income-Producing Sales Contract 461–145–0250
Income-Producing Property 461–145–0252
Income-Producing Property 461–145–0255
Youth Transitions Program Subsidies 461–145–0259
Indian (Native American) Benefits 461–145–0260
Indian (Native American) Benefits 461–145–0261
Individual Development Account (IDA) 461–145–0270
Inheritance 461–145–0280
In-Kind Income 461–145–0285
Japanese-American Restitution Payments 461–145–0290
Job Corps 461–145–0300
Workforce Investment Act 461–145–0310
Life Estate 461–145–0320
Life Insurance 461–145–0330
Loans and Interest on Loans 461–145–0340
Lodger Income 461–145–0343
Manufactured and Mobile Homes 461–145–0345
Military Income 461–145–0348
Mineral Rights 461–145–0360
Motor Vehicle 461–145–0365
National and Community Services Trust Act (NCSTA), including AmeriCorps (other than AmeriCorps VISTA) 461–145–0370
Older Americans Act 461–145–0380
Pension and Retirement Plans 461–145–0390
Personal Belongings 461–145–0400
Personal Injury Settlement 461–145–0405
Plan for Self-support 461–145–0410
Program Benefits 461–145–0415
Radiation Exposure Compensation Act 461–145–0417
Railroad Retirement Payments 461–145–0420
Real Property 461–145–0430
Real Property Excluded under an Interim Assistance Agreement 461–145–0433
Recreational Vehicles 461–145–0435
Refunds 461–145–0440
Reimbursement 461–145–0455
Resettlement and Placement (R&P) Grants 461–145–0460
Sale of a Resource 461–145–0470
Shelter-in-Kind Income 461–145–0490
Social Security Benefits 461–145–0500
Social Secuirty Death Benefit 461–145–0505
Spousal Support 461–145–0510
SSI 461–145–0520
Stocks, Bonds and Other Securities 461–145–0525
Strikers’ Benefits 461–145–0530
Tax Refund 461–145–0540
Trusts 461–145–0550
Unemployment Compensation Benefit 461–145–0560
Uniform Relocation Act 461–145–0570
USDA Meal Reimbursement 461–145–0580
Veterans’ Benefits 461–145–0582
Victims’ Assistance 461–145–0583
Virtual Currency or Cryptocurrency 461–145–0585
Vocational Rehabilitation Payment 461–145–0590
Workers Compensation 461–145–0600
Work-Related Capital Assets, Equipment, and Inventory 461–145–0810
Deemed Assets 461–145–0820
Deemed Assets 461–145–0830
When to Deem the Assets of a Sponsor of a Noncitizen and How Income is Deemed 461–145–0860
Deemed Assets, Parent of Minor Parent 461–145–0910
Self-Employment 461–145–0915
Self-Employment 461–145–0920
Self-Employment 461–145–0930
Self-Employment 461–145–0931
Additional Exclusions for Farming Costs
Last Updated

Jun. 8, 2021

Rule 461-145-0259’s source at or​.us