OAR 461-145-0259: Indian (Native American) Benefits; OSIPM and Medicare Savings Programs

(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) Assistance based on need that meets both requirements of subsections (a) and (b) below is excluded as income in the month received. Any amount remaining after the month of receipt is countable as a resource for Oregon Supplemental Income Program Medical (OSIPM) and the Qualified and Disabled Working Individual (QDWI) program: (a) The assistance is not federally funded and funded wholly by either Indian tribes, or a combination of Indian tribes and a state or a political subdivision of a state. (b) The assistance is provided under a program which uses income as a factor of eligibility. If the program uses income to determine payment amount but not eligibility, it is not excluded. (4) Bureau of Indian Affairs (BIA) foster care payments are excluded. (5) 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 (see OAR 461-001-0000) 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.