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Electronic Code of Federal Regulations

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e-CFR Data is current as of September 19, 2014

Title 25Chapter ISubchapter GPart 115


TITLE 25—Indians

CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

SUBCHAPTER G—FINANCIAL ACTIVITIES

PART 115—TRUST FUNDS FOR TRIBES AND INDIVIDUAL INDIANS

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Subpart A—PURPOSE, DEFINITIONS, AND PUBLIC INFORMATION

§115.001
What is the purpose of this part?
§115.002
What definitions do I need to know?
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Subpart B—IIM ACCOUNTS

§115.100
Osage Agency.
§115.101
Individual accounts.
§115.102
Adults under legal disability.
§115.103
Payments by other Federal agencies.
§115.104
Restrictions.
§115.105
Funds of deceased Indians of the Five Civilized Tribes.
§115.106
Assets of members of the Agua Caliente Band of Mission Indians.
§115.107
Appeals.
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Subpart C—IIM ACCOUNTS: MINORS

§115.400
Will a minor's IIM account always be supervised?
§115.401
What is a minor's supervised account?
§115.402
Will a minor have access to information about his or her account?
§115.403
Who will receive information regarding a minor's supervised account?
§115.404
What information will be provided in a minor's statement of performance?
§115.405
How frequently will a minor's statement of performance be mailed?
§115.406
Who provides an address of record for a minor's supervised account?
§115.407
How is an address of record for a minor's supervised account changed?
§115.408
May a minor's supervised account have more than one address on file with the BIA?
§115.409
How is an address for a minor's residence changed?
§115.410
What types of identification will the BIA or OTFM accept as “verifiable photo identification”?
§115.411
What if the individual making a request regarding a minor's supervised account does not have any verifiable photo identification?
§115.412
Will child support payments be accepted for deposit into a minor's supervised account?
§115.413
Who may receive funds from a minor's supervised account?
§115.414
What is an authorized disbursement request?
§115.415
How will an authorized disbursement from a minor's supervised account be sent?
§115.416
Will the United States post office forward mail regarding a minor's supervised account to a forwarding address left with the United States post office?
§115.417
What portion of funds in a minor's supervised account may be withdrawn under a distribution plan?
§115.418
What types of trust funds may a minor have?
§115.419
Who develops a minor's distribution plan?
§115.420
When developing a minor's distribution plan, what information must be considered and included in the evaluation?
§115.421
What information will be included in the copy of the minor's distribution plan that will be provided to OTFM?
§115.422
As 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?
§115.423
If 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?
§115.424
Who receives a copy of the BIA-approved distribution plan and any amendments to the plan?
§115.425
What 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?
§115.426
What is the BIA's responsibility regarding the management of a minor's supervised account?
§115.427
What is the BIA's annual review process for a minor's supervised account?
§115.428
Will you automatically receive all of your trust funds when you reach the age of 18?
§115.429
What do you need to do when you reach 18 years of age to access your trust funds?
§115.430
Will your account lose its supervised status when you reach the age of 18?
§115.431
If you are an emancipated minor may you withdraw trust funds from your account?
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Subpart D—IIM ACCOUNTS: ESTATE ACCOUNTS

§115.500
When is an estate account established?
§115.501
How long will an estate account remain open?
§115.502
Who inherits the money in an IIM account when an account holder dies?
§115.503
May money in an IIM account be withdrawn after the death of an account holder but prior to the end of the probate proceedings?
§115.504
If you have a life estate interest in income-producing trust assets, how will you receive the income?
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Subpart E—IIM ACCOUNTS: HEARING PROCESS FOR RESTRICTING AN IIM ACCOUNT

§115.600
If BIA decides to restrict your IIM account under §115.102 or §115.104, what procedures must the BIA follow?
§115.601
Under what circumstances may the BIA restrict your IIM account through supervision or an encumbrance?
§115.602
How will the BIA notify you or your guardian, as applicable, of its decision to restrict your IIM account?
§115.603
What 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?
§115.604
When will BIA authorize OTFM to place a restriction on your IIM account?
§115.605
What information will the BIA include in its notice of the decision to restrict your IIM account?
§115.606
What happens if you do not request a hearing to challenge BIA's decision to restrict your IIM account during the allotted time period?
§115.607
How do you request a hearing to challenge the BIA's decision to restrict your IIM account?
§115.608
If you request a hearing to challenge BIA's decision to restrict your IIM account, when will BIA conduct the hearing?
§115.609
Will you be allowed to present testimony and/or evidence at the hearing?
§115.610
Will you be allowed to present witnesses during a hearing?
§115.611
Will you be allowed to question opposing witnesses during a hearing?
§115.612
May you be represented by an attorney during your hearing?
§115.613
Will the BIA record the hearing?
§115.614
Why is the BIA hearing recorded?
§115.615
How long after the hearing will BIA make its final decision?
§115.616
What information will be included in BIA's final decision?
§115.617
What happens when the BIA decides to supervise or encumber your IIM account after your hearing?
§115.618
What 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?
§115.619
If 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?
§115.620
If you decide to appeal the BIA's final decision pursuant to §115.107, will the BIA restrict your IIM account during the appeal?
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Subpart F—TRUST FUND ACCOUNTS: GENERAL INFORMATION

§115.700
Why is money held in trust for tribes and individual Indians?
§115.701
What types of accounts are maintained for Indian trust funds?
§115.702
What specific sources of money will be accepted for deposit into a trust account?
§115.703
May we accept for deposit into a trust account money not specified in §115.702?
§115.704
May 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?
§115.705
May we accept for deposit into a trust account money awarded or assessed by a court of competent jurisdiction?
§115.706
When 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?
§115.707
Will the Secretary accept administrative fees for deposit into a trust account?
§115.708
How quickly will trust funds received by the Secretary on behalf of tribes or individual Indians be deposited into a trust account?
§115.709
Will an annual audit be conducted on trust funds?

Investments and Interests

§115.710
Does money in a trust account earn interest?
§115.711
How is money in a trust account invested?
§115.712
What is the interest rate earned on money in a trust account?
§115.713
When does money in a trust account start earning interest?
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Subpart G—TRIBAL ACCOUNTS

§115.800
When does OTFM open a tribal account?
§115.801
How often will a tribe receive information about its trust account(s)?
§115.802
May a tribe make a request to OTFM to receive information about its trust account more frequently?
§115.803
What information will be provided in a statement of performance?
§115.804
Will we account to a tribe for those trust funds the tribe receives through direct pay?
§115.805
If 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?
§115.806
How will the BIA assist in the administration of tribal judgment fund accounts?

Investing and Managing Tribal Trust Funds

§115.807
Will OTFM consult with tribes about investments of tribal trust funds?
§115.808
Could trust fund investments made by OTFM lose money?
§115.809
May a tribe recommend to OTFM how to invest the tribe's trust funds?
§115.810
May a tribe directly invest and manage its trust funds?
§115.811
Under what conditions may a tribe redeposit funds with OTFM that were previously withdrawn under the Trust Reform Act?
§115.812
Is a tribe responsible for its expenditures of trust funds that are not made in compliance with statutory language or other federal law?
§115.813
Is there a limit to the amount of trust funds OTFM will disburse from a tribal trust account?
§115.814
If 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?

Withdrawing Tribal Trust Funds

§115.815
How does a tribe request trust funds from a tribal trust account?
§115.816
May a tribe's request for a withdrawal of trust funds from its trust account be delayed or denied?
§115.817
How does OTFM disburse money to a tribe?

Unclaimed Per Capita Funds

§115.818
What happens if an Indian adult does not cash his or her per capita check?
§115.819
What 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?
§115.820
May OTFM transfer money in a returned per capita account to a tribal account?
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Subpart H—SPECIAL DEPOSIT ACCOUNTS

§115.900
Who receives the interest earned on trust funds in a special deposit account?
§115.901
When will the trust funds in a special deposit account be credited or paid out to the owner of the funds?
§115.902
May administrative or land conveyance fees paid as federal reimbursements be deposited in a special deposit account?
§115.903
May cash bonds (e.g., performance bonds, appeal bonds, etc.) be deposited into a special deposit account?
§115.904
Where 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?
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Subpart I—RECORDS

§115.1000
Who owns the records associated with this part?
§115.1001
How must records associated with this part be preserved?


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