Part 115 — Trust Funds for Tribes and Individual Indians
Subpart A — Purpose, Definitions, and Public Information
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- § 115.417— What portion of funds in a minor's supervised account may be withdrawn under a distribution plan?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 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?
- § 115.603— 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?
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?
- § 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?
- § 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?
- § 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?
- § 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?