Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0260 - American Indian and Alaska Native Benefits; Not OSIPM and QMB

Current through Register Vol. 63, No. 7, July 1, 2024
(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. In this
			 rule, the names of sovereign tribal nations are often listed as shown in the
			 public law. The Department has also attempted (in parenthesis) to include the
			 names of sovereign tribal nations as they call themselves, if different than
			 the name in the public law. When there is a conflict, the rule provision
			 applies to the Tribe subject to the public law.
(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 (The
			 Seminole Tribe 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 (Stockbridge Munsee Community) of Wisconsin.
(d)Public Law 92-488: Payments from the
			 distribution of funds held in trust to the Burns Indian Colony (Burns Paiute
			 Tribe) in Oregon.
(e)Public Law
			 93-531: Relocation assistance payments to members of the Navajo (Navajo Nation
			 or Dine') or Hopi Tribe.
(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 Tribes 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 (Minnesota Chippewa Tribe).
(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 (Navajo
			 Nation or Dine') of New Mexico.
(N)
			 Oglala Sioux Tribe of South Dakota.
(O) Rosebud Sioux Tribe (Sicangu Lakota
			 Oyate, or Burnt Thigh Nation comprised of the Ogalala, Sicangu or Brule,
			 Hunkpapa, Miniconjou, Sihasapa or Blackfoot, Itazipacola, and Oohenupa) 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 Bands of Ottawa Indians.
(h)Public Law 95-433: Judgment funds
			 distributed to members of the Confederated Tribes and Bands of the Yakama
			 (formerly Yakima) Indian Nation (comprised of the Yakama Palouis, Pisquouse,
			 Wenatchsahpam, Klikatat, Klingquit, Kow-was-say-ee, Li-was, Skin-pha, Wish-ham,
			 Shyiks, Ocehchotes, Ka-milt-pha, and Se-ap-Cat), or the Apache Tribe of the
			 Mescalero Reservation (Mescalero Apache Tribe).
(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 Navajo (Navajo Nation or Dine') or Hopi
			 Tribe.
(m)Public Law 96-318:
			 Judgment funds distributed to members of the Delaware Tribe of Indians and the
			 absentee Delaware Tribe of Western Oklahoma (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 (Absentee Shawnee Tribe of Indians
			 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 (Miami Nation of Indians of
			 Indiana).
(q)Public Law 97-403:
			 Payments on judgments funds to the Turtle Mountain Band of Chippewa,
			 Arizona.
(r)Public Law 97-408:
			 Payments on judgment funds to the Blackfeet Tribe, Gros Ventre (Aaniih) Tribe,
			 and Assiniboine (Nakoda) Tribe (Montana) and the Papago (Tohono O'odham Nation)
			 (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 (Red Lake Nation or
			 Miskwaagamiiwi-Zaagaiganing).
(u)Public Law 98-124: Judgment funds held in
			 trust and per capita and interest payments made to the members of the
			 Assiniboine (Nakoda) Tribe of the Fort Belknap Indian Community (Montana) and
			 the Assiniboine Tribe of the Fort Peck 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
			 (Santee Sioux Nation) of Nebraska, Flandreau Santee Sioux Tribe, Prairie Island
			 Sioux (Prairie Island Indian Community or Tinta Wita), Lower Sioux (Lower Sioux
			 Indian Community or Cansa'yapi) and Shakopee Mdewakanton Sioux Community
			 (Mdewakanton) 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 (Lake Superior Chippewa
			 Indians). 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 (Lac Courte Oreilles
			 Band of Lake Superior Chippewa Indians of Wisconsin) of the Lac du Flambeau
			 Reservation, Sokaogon Chippewa Community of the Mole Lake Band of Chippewa
			 Indians, Red Cliff Reservation (Red Cliff Band of Lake Superior Chippewa
			 Indians of Wisconsin), St. Croix Chippewa Reservation (St. Croix Chippewa
			 Indians of Wisconsin).
(B)
			 Michigan: Keweenaw Bay Indian Community (L'Anse, Lac Vieux Desert and Ontonagon
			 Bands).
(C) Minnesota: Fond du lac
			 (Fond du Lac Band of Lake Superior Chippewa or Nah-gah-chi-wa-nong)
			 Reservation, Grand Portage (Grand Portage Band of Lake Superior Chippewa, Grand
			 Portage Anishinaabe, or Gichi-Onigaming) Reservation, Bois Fort (Bois Forte
			 Band of Chippewa or Zagaakwaandagowininiwag) Reservation (including Nett Lake,
			 Vermillion Lake and Deer Creek), White Earth (White Earth Nation or
			 Gaa-waabaabiganikaag) Reservation.
(y)Public Law 99-264: Payments and funds held
			 in trust to the White Earth Band of Chippewa Indians in Minnesota (White Earth
			 Nation or Gaa-waabaabiganikaag) 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 Indian 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 (Mille Lacs Band of Ojibwe or Misi-zaaga'iganiing), White Earth (White
			 Earth Nation or Gaa-waabaabiganikaag) and Leech Lake (Leech Lake Band of Ojibwe
			 or Gaa-zagaskwaajimekaag) 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 (Cow
			 Creek Band of Umpqua Tribe of Indians).
(cc)Public Law 100-383: Per capita
			 restitution payments made to eligible Aleuts (Unangan or Unangax) 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 (the Puyallup Tribe of
			 Indians or see emboldened word in attachment) 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 (Seneca Nation of
			 Indians or O-non-dowa-gah) under the Seneca Nation Settlement Act of
			 1990.
(ff)
									Public Law
			 102-171: Payments to the Aroostook Band (Mi'kmaq
			 Nation) 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 (The
			 Catawba Nation or yeh is-WAH h'reh) 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 (comprised of the
			 Chelan or see emboldened word in attachment, Chief Joseph Band of Nez Perce or
			 wal'wama, Colville or see emboldened word in attachment, Entiat or see
			 emboldened word in attachment, Lakes or see emboldened word in attachment,
			 Methow or see emboldened word in attachment, Moses-Columbia or see emboldened
			 word in attachment, Nespelem or see emboldened word in attachment, Okanogan or
			 see emboldened word in attachment, Palus or paluspam, Sanpoil or see emboldened
			 word in attachment, and Wenatchi or see emboldened word in
			 attachment).
(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 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 (Newe).
(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.