Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 145 - TREATMENTS OF SPECIFIC ASSETS › Section 461-145-0259 - Indian (Native American) Benefits; OSIP, OSIPM, and QMB

Current through Register Vol. 63, No. 7, July 1, 2024
(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.