2008 CFR Title 25, Volume 1

Title 25--Indians CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PART 115--TRUST FUNDS FOR TRIBES AND INDIVIDUAL INDIANS
	115.001	What is the purpose of this part?
	115.002	What definitions do I need to know?
	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.
	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	115.417	What portion of funds in a minor's supervised account may be withdrawn under a distribution plan?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?
	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?
	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?
	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?
	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?
	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?
	115.1000	Who owns the records associated with this part?
	115.1001	How must records associated with this part be preserved?