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Lawyers in the firm successfully argued the appeal establishing that the Indian Child Welfare Act pre-empted procedural requirements of Oregon state law, where such requirements interfered with the intent of the Indian Child Welfare Act. In re Shuey, 119 Or.App. 185, 850 P.2d 378 (Or.Ct.App. 1992).

General Memorandum 12-013

General Memorandum 12-013
Food Distribution Program on Indian Reservations Proposed Rule

The Department of Agriculture is soliciting comments on a proposed rule regarding the Food Distribution Program on Indian Reservations (FDPIR). The attached proposed rule was published in the January 11, 2012, FEDERAL REGISTER and is designed to simplify the administration of the FDPIR and more closely align it with the Supplemental Nutrition Assistance Program (formerly called the Food Stamp program). Notable among the proposals is the elimination of household resources from consideration when determining FDPIR eligibility – this would not affect the requirement to meet current maximum FDPIR income limits.

The proposed changes to the FDPIR regulations would:
• Eliminate household resources from consideration when determining FDPIR eligibility. Under the proposal non-recurring lump sum payments (i.e., security deposits on rental property or utilities, tax refunds) and non-monthly per capita payments derived from profits of tribal enterprises would not be considered in determining eligibility
• Expand the current income deduction for Medicare Part B Medical Insurance and Part D Prescription Drug Coverage premiums to include other monthly medical expenses in excess of $35 for households with elderly and/or disabled members, as defined at 7 CFR 253.2
• Establish an income deduction for shelter and utility expenses, and
• Establish verification requirements related to the proposed income deductions and revise household reporting requirements

Comments on the proposed rule are due by April 10, 2012.

Please let us know if we may provide additional information or assistance regarding the proposed rule for the Food Distribution Program on Indian Reservations.

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Inquiries may be directed to:
Karen Funk (kfunk@hobbsstraus.com)

Available Documents for Download ( any referenced attachments are included in download )


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