[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR115.001]

[Page 317-320]
 
                            TITLE 25--INDIANS
 
     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
 
PART 115_TRUST FUNDS FOR TRIBES AND INDIVIDUAL INDIANS--Table of Contents
 
         Subpart A_Purpose, Definitions, and Public Information
 
Sec. 115.001  What is the purpose of this part?




         Subpart A_Purpose, Definitions, and Public Information

Sec.
115.001 What is the purpose of this part?
115.002 What definitions do I need to know?

                         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.

                     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

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          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?

                 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?

 Subpart E_IIM Accounts: Hearing Process for Restricting an IIM Account

115.600 If BIA decides to restrict your IIM account under Sec. 115.102 
          or Sec. 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 
          Sec. 115.107, will the BIA restrict your IIM account during 
          the appeal?

           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 Sec. 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 Sec. 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

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          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?

                        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?

                   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?

                            Subpart I_Records

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

    Authority: R.S. 441, as amended, R.S. 463, R.S. 465; 5 U.S.C. 301; 
25 U.S.C. 2; 25 U.S.C. 9; 43 U.S.C. 1457; 25 U.S.C. 4001; 25 U.S.C. 
161(a); 25 U.S.C. 162a; 25 U.S.C. 164; Pub. L. 87-283; Pub. L. 97-100; 
Pub. L. 97-257; Pub. L. 103-412; Pub. L. 97-458; 44 U.S.C. 3101 et seq.

    Source: 66 FR 7094, Jan. 22, 2001, unless otherwise noted.



    This part sets forth guidelines for the Secretary of the Interior, 
including any tribe or tribal organization if that entity is 
administering specific programs, functions, services or activities,

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previously administered by the Secretary of the Interior, but now 
authorized under a Self-Determination Act contract (pursuant to 25 
U.S.C. Sec. 450f) or a Self-Governance compact (pursuant to 25 U.S.C. 
Sec. 558cc), to carry out the trust duties owed to tribes and 
individual Indians to manage and administer trust assets for the 
exclusive benefit of tribal and individual Indian beneficiaries pursuant 
to federal law, including the American Indian Trust Fund Management 
Reform Act of 1994, Public Law 103-412, 108 Stat. 4239, 25 U.S.C. Sec. 
4001 (Trust Reform Act).