Code of Federal Regulations (Last Updated: October 10, 2024) |
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 |
§ 115.1 - Definitions. |
§ 115.2 - Osage Agency. |
§ 115.3 - Individual accounts. |
§ 115.4 - Minors. |
§ 115.5 - Adults under legal disability. |
§ 115.6 - Voluntary deposits. |
§ 115.7 - Payments by other Federal agencies. |
§ 115.8 - Purchase orders. |
§ 115.9 - Restrictions. |
§ 115.10 - Procedures relative to restrictions. |
§ 115.11 - Funds of deceased Indians other than the Five Civilized Tribes. |
§ 115.12 - Funds of deceased Indians of the Five Civilized Tribes. |
§ 115.13 - Assets of members of the Agua Caliente Band of Mission Indians. |
§ 115.14 - Appeals. |
§ 115.15 - Information collection. |
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? |
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? |
§ 115.423 - 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? |
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 § 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? |
§ 115.604 - 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? |
§ 115.619 - 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? |
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? |
§ 115.707 - 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? |
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? |
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? |
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? |
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? |
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? |
Subpart I - Records |
§ 115.1000 - Who owns the records associated with this part? |
§ 115.1001 - How must records associated with this part be preserved? |