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FEDERAL · 25 CFR

Part 115 — Trust Funds for Tribes and Individual Indians

110 sections · Title 25: Indians

§ 115.001What is the purpose of this part?
§ 115.002What definitions do I need to know?
§ 115.100Osage Agency.
§ 115.101Individual accounts.
§ 115.102Adults under legal disability.
§ 115.103Payments by other Federal agencies.
§ 115.104Restrictions.
§ 115.105Funds of deceased Indians of the Five Civilized Tribes.
§ 115.106Assets of members of the Agua Caliente Band of Mission Indians.
§ 115.107Appeals.
§ 115.400Will a minor's IIM account always be supervised?
§ 115.401What is a minor's supervised account?
§ 115.402Will a minor have access to information about his or her account?
§ 115.403Who will receive information regarding a minor's supervised account?
§ 115.404What information will be provided in a minor's statement of performance?
§ 115.405How frequently will a minor's statement of performance be mailed?
§ 115.406Who provides an address of record for a minor's supervised account?
§ 115.407How is an address of record for a minor's supervised account changed?
§ 115.408May a minor's supervised account have more than one address on file with the BIA?
§ 115.409How is an address for a minor's residence changed?
§ 115.410What types of identification will the BIA or OTFM accept as “verifiable photo identification”?
§ 115.411What if the individual making a request regarding a minor's supervised account does not have any verifiable photo identification?
§ 115.412Will child support payments be accepted for deposit into a minor's supervised account?
§ 115.413Who may receive funds from a minor's supervised account?
§ 115.414What is an authorized disbursement request?
§ 115.415How will an authorized disbursement from a minor's supervised account be sent?
§ 115.416Will the United States post office forward mail regarding a minor's supervised account to a forwarding address left with the United States post office?
§ 115.417What portion of funds in a minor's supervised account may be withdrawn under a distribution plan?
§ 115.418What types of trust funds may a minor have?
§ 115.419Who develops a minor's distribution plan?
§ 115.420When developing a minor's distribution plan, what information must be considered and included in the evaluation?
§ 115.421What information will be included in the copy of the minor's distribution plan that will be provided to OTFM?
§ 115.422As a custodial parent, the legal guardian, the person who BIA has recognized as having control and custody of the minor, or an emancipated minor, what are your responsibilities if you receive trust funds from a minor's supervised account?
§ 115.423If you are a custodial parent, a legal guardian, or an emancipated minor, may BIA authorize the disbursement of funds from a minor's supervised account without your knowledge?
§ 115.424Who receives a copy of the BIA-approved distribution plan and any amendments to the plan?
§ 115.425What will we do if we find that a distribution plan has not been followed or an individual has acted improperly in regard to his or her duties involving a minor's trust funds?
§ 115.426What is the BIA's responsibility regarding the management of a minor's supervised account?
§ 115.427What is the BIA's annual review process for a minor's supervised account?
§ 115.428Will you automatically receive all of your trust funds when you reach the age of 18?
§ 115.429What do you need to do when you reach 18 years of age to access your trust funds?
§ 115.430Will your account lose its supervised status when you reach the age of 18?
§ 115.431If you are an emancipated minor may you withdraw trust funds from your account?
§ 115.500When is an estate account established?
§ 115.501How long will an estate account remain open?
§ 115.502Who inherits the money in an IIM account when an account holder dies?
§ 115.503May money in an IIM account be withdrawn after the death of an account holder but prior to the end of the probate proceedings?
§ 115.504If you have a life estate interest in income-producing trust assets, how will you receive the income?
§ 115.600If BIA decides to restrict your IIM account under § 115.102 or § 115.104, what procedures must the BIA follow?
§ 115.601Under what circumstances may the BIA restrict your IIM account through supervision or an encumbrance?
§ 115.602How will the BIA notify you or your guardian, as applicable, of its decision to restrict your IIM account?
§ 115.603What happens if BIA's notice of its decision to place a restriction on your IIM account that is sent by United States certified mail is returned to the BIA as undeliverable for any reason?
§ 115.604When will BIA authorize OTFM to place a restriction on your IIM account?
§ 115.605What information will the BIA include in its notice of the decision to restrict your IIM account?
§ 115.606What happens if you do not request a hearing to challenge BIA's decision to restrict your IIM account during the allotted time period?
§ 115.607How do you request a hearing to challenge the BIA's decision to restrict your IIM account?
§ 115.608If you request a hearing to challenge BIA's decision to restrict your IIM account, when will BIA conduct the hearing?
§ 115.609Will you be allowed to present testimony and/or evidence at the hearing?
§ 115.610Will you be allowed to present witnesses during a hearing?
§ 115.611Will you be allowed to question opposing witnesses during a hearing?
§ 115.612May you be represented by an attorney during your hearing?
§ 115.613Will the BIA record the hearing?
§ 115.614Why is the BIA hearing recorded?
§ 115.615How long after the hearing will BIA make its final decision?
§ 115.616What information will be included in BIA's final decision?
§ 115.617What happens when the BIA decides to supervise or encumber your IIM account after your hearing?
§ 115.618What happens if at the conclusion of the notice and hearing process we decide to encumber your IIM account because of an administrative error which resulted in funds that you do not own being deposited in your account or distributed to you or to a third party on your behalf?
§ 115.619If the BIA decides that the restriction on your IIM account will be continued after your hearing, do you have the right to appeal that decision?
§ 115.620If you decide to appeal the BIA's final decision pursuant to § 115.107, will the BIA restrict your IIM account during the appeal?
§ 115.700Why is money held in trust for tribes and individual Indians?
§ 115.701What types of accounts are maintained for Indian trust funds?
§ 115.702What specific sources of money will be accepted for deposit into a trust account?
§ 115.703May we accept for deposit into a trust account money not specified in § 115.702?
§ 115.704May we accept for deposit into a trust account retirement checks/payments or pension fund checks/payments even though those funds are not specified in § 115.702?
§ 115.705May we accept for deposit into a trust account money awarded or assessed by a court of competent jurisdiction?
§ 115.706When funds are awarded or assessed by a court of competent jurisdiction in a cause of action involving trust assets, what documentation is required to deposit the trust funds into a trust account?
§ 115.707Will the Secretary accept administrative fees for deposit into a trust account?
§ 115.708How quickly will trust funds received by the Secretary on behalf of tribes or individual Indians be deposited into a trust account?
§ 115.709Will an annual audit be conducted on trust funds?
§ 115.710Does money in a trust account earn interest?
§ 115.711How is money in a trust account invested?
§ 115.712What is the interest rate earned on money in a trust account?
§ 115.713When does money in a trust account start earning interest?
§ 115.800When does OTFM open a tribal account?
§ 115.801How often will a tribe receive information about its trust account(s)?
§ 115.802May a tribe make a request to OTFM to receive information about its trust account more frequently?
§ 115.803What information will be provided in a statement of performance?
§ 115.804Will we account to a tribe for those trust funds the tribe receives through direct pay?
§ 115.805If a tribe is paid directly under a contract for the sale or use of trust assets, will we accept those trust funds for deposit into a tribal trust account?
§ 115.806How will the BIA assist in the administration of tribal judgment fund accounts?
§ 115.807Will OTFM consult with tribes about investments of tribal trust funds?
§ 115.808Could trust fund investments made by OTFM lose money?
§ 115.809May a tribe recommend to OTFM how to invest the tribe's trust funds?
§ 115.810May a tribe directly invest and manage its trust funds?
§ 115.811Under what conditions may a tribe redeposit funds with OTFM that were previously withdrawn under the Trust Reform Act?
§ 115.812Is a tribe responsible for its expenditures of trust funds that are not made in compliance with statutory language or other federal law?
§ 115.813Is there a limit to the amount of trust funds OTFM will disburse from a tribal trust account?
§ 115.814If a tribe withdraws money from its trust account for a particular purpose or project, may the tribe redeposit any money that was not used for its intended purpose?
§ 115.815How does a tribe request trust funds from a tribal trust account?
§ 115.816May a tribe's request for a withdrawal of trust funds from its trust account be delayed or denied?
§ 115.817How does OTFM disburse money to a tribe?
§ 115.818What happens if an Indian adult does not cash his or her per capita check?
§ 115.819What steps will be taken to locate an individual whose per capita check is returned as undeliverable or not cashed within twelve (12) months of issuance?
§ 115.820May OTFM transfer money in a returned per capita account to a tribal account?
§ 115.900Who receives the interest earned on trust funds in a special deposit account?
§ 115.901When will the trust funds in a special deposit account be credited or paid out to the owner of the funds?
§ 115.902May administrative or land conveyance fees paid as federal reimbursements be deposited in a special deposit account?
§ 115.903May cash bonds (e.g., performance bonds, appeal bonds, etc.) be deposited into a special deposit account?
§ 115.904Where earnest money is paid prior to Secretarial approval of a conveyance or contract instrument involving trust assets, may the BIA deposit that earnest money into a special deposit account?
§ 115.1000Who owns the records associated with this part?
§ 115.1001How must records associated with this part be preserved?