OAR 461-145-0260
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 (Indian (Native American) Benefits; OSIP, OSIPM, and QMB). 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.

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

(A)

Assiniboine and Sioux Tribe of Montana.

(B)

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

(C)

Blackfeet Tribe of Montana.

(D)

Cherokee Nation of Oklahoma.

(E)

Cheyenne River Sioux Tribe of South Dakota.

(F)

Chippewa Tribe of Minnesota.

(G)

Crow Creek Sioux Tribe of South Dakota.

(H)

Devil’s Lake Sioux Tribe of North Dakota.

(I)

Fort Belknap Indian Community of Montana.

(J)

Keweenaw Bay Indian Community of Michigan.

(K)

Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin.

(L)

Lower Brule Sioux Tribe of North Dakota.

(M)

Navajo Tribe of New Mexico.

(N)

Oglala Sioux Tribe of South Dakota.

(O)

Rosebud Sioux Tribe of South Dakota.

(P)

Shoshone – Bannock Tribes of Idaho.

(Q)

Standing Rock Sioux Tribe of North Dakota.

(g)

Public Law 94-540: Judgment funds distributed to members of the Grand River Band of Ottawa Indians.

(h)

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.

(i)

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

(j)

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

(k)

Public Law 95-608: Indian child welfare payments.

(l)

Public Law 96-305: Relocation assistance payments to members of the Navaho or Hopi Tribes.

(m)

Public Law 96-318: Judgment funds distributed to members of the Delaware Tribe of Indians and the absentee Delaware Tribe of Western Oklahoma.

(n)

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.

(o)

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.

(p)

Public Law 97-376: Judgment funds distributed per capita to members of the Miami Tribe of Oklahoma and the Miami Indians of Indiana.

(q)

Public Law 97-403: Payments on judgments funds to the Turtle Mountain Band of Chippewas, Arizona.
(r) Public Law 97-408: Payments on judgment funds to the Blackfeet, Gros Ventre, and Assiniboine tribes (Montana) and the Papago (Arizona).

(s)

Public Law 98-64: Payments from judgment funds held in trust by the US Secretary of the Interior.

(t)

Public Law 98-123: Judgment funds held in trust and per capita and interest payments disbursed to the Red Lake Band of Chippewa Indians.

(u)

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

(w)

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.
(x)
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:

(A)

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.

(B)

Michigan: Keweenaw Bay Indian Community (L’Anse, Lac Vieux Desert and Ontonagon Bands).

(C)

Minnnesota: Fond du lac Reservation, Grand Portage Reservation, Bois Fort Reservation (including Nett Lake, Vermillion Lake and Deer Creek), White Earth Reservation.

(y)

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.

(z)

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.

(aa)

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.

(bb)

Public Law 100-139: Judgment payments disbursed to the Umpqua Tribe Cow Creek Band.

(cc)

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

(dd)

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.

(ee)

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.

(ff)

Public Law 102-171: Payments to the Aroostook Band under the Micmac Settlement Act.

(gg)

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.

(hh)

Public Law 103-436: Payments from the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act.
(ii)
Public Law 103-444: Payments made or benefits granted by the Crow Boundary Settlement Act of 1994.

(jj)

Public Law 105-143: Distributions of judgment funds to the Ottawa and Chippewa Indians of Michigan under the Michigan Indian Land Claims Settlement Act.

(kk)

Public Law 108-270: Per capita distribution of judgment funds to members of the Western Shoshone Indians.

(ll)

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.

(mm)

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:

(a)

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

(b)

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

(c)

Educational income treatment is under OAR 461-145-0150 (Educational Income).

(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 (Financial Group)) and the balance is counted as unearned periodic income.

(a)

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.

(b)

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

(c)

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.

(a)

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

(b)

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

(c)

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.

(a)

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

(b)

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.

(a)

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.

(b)

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

(c)

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.

(a)

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

(b)

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:
(a) 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.

(b)

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:

(a)

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

(b)

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 (Program Benefits).

(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:
(a) Profit share or per capita income from tribal casinos
(b) Income derived from land not held in trust by the secretary of the interior such as timber sales or sale of oil reserves.

(c)

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.

Source: Rule 461-145-0260 — Indian (Native American) Benefits; Not OSIP, OSIPM, and QMB, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=461-145-0260.

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 461-145-0260’s source at or​.us