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, previously administered by the Secretary of the Interior, but now authorized under a Self-Determination Act contract (pursuant to 25 U.S.C. § 450f) or a Self-Governance compact (pursuant to 25 U.S.C. § 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. § 4001 (Trust Reform Act).
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TRUST FUNDS FOR TRIBES AND INDIVIDUAL INDIANS
As used in this part:
Account holder means a tribe or a person who owns the funds in a tribal or Individual Indian Money (IIM) account that is maintained by the Secretary.
Account means a record of trust funds that is maintained by the Secretary for the benefit of a tribe or a person.
Administratively restricted account means an IIM account that is placed on temporary hold by OTFM where an account holder's current address of record is unknown or where more documentation is needed to make a distribution from an account.
Adult means an individual who has reached 18 years of age, except when the individual's tribe has determined the age for adulthood to be older than 18 for access to tribal trust fund per capita proceeds.
Adult in need of assistance means an individual who has been determined to be “incapable of managing or administering his or her property, including his or her financial affairs” either (a) through a BIA administrative process that is based on a finding by a licensed medical professional or licensed mental health professional, or (b) by an order or judgment of a court of competent jurisdiction.
BIA means the Bureau of Indian Affairs, Department of the Interior, or its authorized representative.
Bond means security for the performance of certain obligations or a guaranty of such performance as furnished by a third-party surety. As used in this part, bonds may include cash bonds, performance bonds, and surety bonds.
Court of competent jurisdiction means a federal or tribal court with jurisdiction; however, if there is no tribal court with jurisdiction, then a state court with jurisdiction.
Day means a calendar day unless otherwise specified.
Department means the Department of the Interior or its authorized representative.
Deposits mean receiving funds, ordinarily through a Federal Reserve Bank, for credit to a trust fund account.
Emancipated minor means a person under 18 years of age who is married or who is determined by a court of competent jurisdiction to be legally able to care for himself or herself.
Encumber or encumbrance means to attach trust assets held by the Secretary with a claim, lien, or charge that has been approved by the Secretary.
Encumbered account means a trust fund account where some portion of the proceeds are obligated to another party.
Estate account means an account for a deceased IIM account holder.
FOIA means the Freedom of Information Act, 5 U.S.C. § 552.
Guardian means a person who is legally responsible for the care and management of an individual and his or her estate. This definition includes, but is not limited to, conservator or guardian of the property. However, this definition does not apply to property subject to § 115.106 of this part.
Individual Indian Money (IIM) accounts means an interest bearing account for trust funds held by the Secretary that belong to a person who has an interest in trust assets. These accounts are under the control and management of the Secretary. There are three types of IIM accounts: unrestricted, restricted, and estate accounts.
Legal disability means the lack of legal capability to perform an act which includes the ability to manage or administer his or her financial affairs as determined by a court of competent jurisdiction or another federal agency where the federal agency has determined that the adult requires a representative payee and there is no legal guardian to receive federal benefits on his or her behalf.
MSW means a Master of Social Work degree from an accredited college or university.
Minor means an individual who is not an adult as defined in this part.
Non-compos mentis means a person who has been determined by a court of competent jurisdiction to be of unsound mind or incapable of managing his or her own affairs.
OST means the Office of the Special Trustee for American Indians, Department of the Interior, or its authorized representative.
OTFM means the Office of Trust Funds Management, within the Office of the Special Trustee for American Indians, Department of the Interior, or its authorized representative.
Privacy Act means the Federal Privacy Act, 5 U.S.C. § 552a.
Restricted fee land(s) means land the title to which is held by an individual Indian or a tribe and which can only be alienated or encumbered by the owner with the approval of the Secretary because of limitations contained in the conveyance instrument pursuant to federal law.
Secretary means the Secretary of the Interior or an authorized representative; it also means a tribe or tribal organization if that entity is administering specific programs, functions, services or activities, previously administered by the Secretary of the Interior, but now authorized under a Self-Determination Act contract (pursuant to 25 U.S.C. § 450f) or a Self-Governance compact (pursuant to 25 U.S.C. § 558cc).
Special deposit account means a temporary account for the deposit of trust funds that cannot immediately be credited to the rightful account holders.
Supervised account means a restricted IIM account, from which all disbursements must be approved by the BIA, that is maintained for minors, emancipated minors, adults who are in need of assistance, adults who under legal disability, or adults who are non-compos mentis.
Tribal account or tribal trust account generally means a trust fund account for a federally recognized tribe that is maintained and held in trust by the Secretary.
Tribe means any Indian tribe, nation, band, pueblo, rancheria, colony, or community, including any Alaska Native Village or regional or village corporation as defined or established under the Alaska Native Claims Settlement Act which is federally recognized by the United States government for special programs and services provided by the Secretary to Indians because of their status as Indians. Tribe also means two or more tribes joined for any purpose, the joint assets of which include funds held in trust by the Secretary.
Trust account means a tribal account, an IIM account, or a special deposit account for trust funds maintained by the Secretary.
Trust assets mean trust lands, natural resources, trust funds, or other assets held by the federal government in trust for Indian tribes and individual Indians.
Trust funds means money derived from the sale or use of trust lands, restricted fee lands, or trust resources and any other money that the Secretary must accept into trust.
Trust land(s) means any tract or interest therein, that the United States holds in trust status for the benefit of a tribe or an individual Indian.
Trust Reform Act means the American Indian Trust Fund Management Reform Act of 1994, Pub. L. 103-412, 108 Stat. 4239, 25 U.S.C. § 4001.
Trust resources means any element or matter directly derived from Indian trust property.
Unrestricted account means an IIM account in which an Indian account holder may determine the timing and amount of disbursements from the account.
Voluntary hold means a request by an individual Indian with an unrestricted IIM account to keep his or her trust funds in a trust account instead of having the trust funds automatically disbursed.
We or Us or Our means the Secretary as defined in this part.
You or Your means an IIM account holder.
The provisions of this part do not apply to funds the deposit or expenditure of which is subject to the provisions of part 117 of this subchapter.
Except as otherwise provided in this part, adults shall have the right to withdraw funds from their accounts. Upon their application, or an application made in their behalf by the Secretary or his authorized representative, their funds shall be disbursed to them. All such disbursements will be made at such convenient times and places as the Secretary or his authorized representatives may designate.
The funds of an adult who is non compos mentis or under other legal disability may be disbursed for his benefit for such purposes deemed to be for his best interest and welfare, or the funds may be disbursed to a legal guardian or curator under such conditions as the Secretary or his authorized representative may prescribe.
Moneys received from the Veterans Administration or other Government agency pursuant to the Act of February 25, 1933 (47 Stat. 907; 25 U.S.C. 14), may be accepted and administered for the benefit of adult Indians under legal disability or minors for whom no legal guardian or fiduciary has been appointed.
Funds of individuals may be applied by the Secretary or his authorized representative against delinquent claims of indebtedness to the United States or any of its agencies or to the tribe of which the individual is a member, unless such payments are prohibited by acts of Congress, and against money judgments rendered by courts of Indian offenses or under any tribal law and order code. Funds derived from the sale of capital assets which by agreement approved prior to such sale by the Secretary or his authorized representative are to be expended for specific purposes, and funds obligated under contractual arrangements approved in advance by the Secretary or his authorized representative or subject to deductions specifically authorized or directed by acts of Congress, shall be disbursed only in accordance with the agreements (including any subsequently approved modifications thereof) or acts of Congress. The funds of an adult whom the Secretary or his authorized representative finds to be in need of assistance in managing his affairs, even though such adult is not non compos mentis or under other legal disability, may be disbursed to the adult, within his best interest, under approved plans. Such finding and the basis for such finding shall be recorded and filed with the records of the account. For rules governing the payment of judgments from individual Indian money accounts, see § 11.208 of this chapter.
Funds of a deceased Indian of the Five Civilized Tribes may be disbursed to pay ad valorem and personal property taxes, Federal and State estate and income taxes, obligations approved by the Secretary or his authorized representative prior to death of decedent, expenses of last sickness and burial and claims found to be just and reasonable which are not barred by the statute of limitations, costs of determining heirs to restricted property by the State courts, and claims allowed pursuant to part 16 of this chapter.
(a) The provisions of this section apply to money or other property, except real property, held by the United States in trust for such Indians, which may be used, advanced, expended, exchanged, deposited, disposed of, invested, and reinvested by the Director, Palm Springs Office, in accordance with the Act of October 17, 1968 (Pub. L. 90-597). The management or disposition of real property is covered in other parts of this chapter.
(b) Investments made by the Director, Palm Springs Office, under the Act of October 17, 1968, supra, shall be of such a nature as will afford reasonable protection of the assets of the individual Indian involved. The Director is authorized to enter into contracts for the management of the assets (except real property) of individual Indians. The consent of the individual Indian concerned must be obtained prior to the taking of actions affecting his assets, unless the Director determines, under the provisions of section (e) of the Act, that consent is not required.
(c) The Director may, consistent with normal business practices, establish appropriate fees for reports he requires from guardians, conservators, or other fiduciaries appointed under State law for members of the Band.
Appeals from an action taken by an official of the Bureau of Indian Affairs may be taken pursuant to 25 CFR part 2, subject to the terms of subpart E.
Yes, all IIM accounts established by BIA for minors will be a supervised by the BIA.
A minor's supervised account is a restricted IIM account from which all disbursements must be made pursuant to a distribution plan approved by the BIA that is established for:
(a) A minor, or
(b) An emancipated minor.
A minor will not have access to information about his or her IIM account without approval of the custodial parent(s) or legal guardian. However, an emancipated minor will have access to information about his or her IIM account.
(a) The parent(s) with legal custody of the minor or the minor's legal guardian will receive a minor's statement of performance at the address of record for the minor's supervised account.
(b) An emancipated minor will receive his or her statement of performance at the address of record for the minor's supervised account.
A minor's statement of performance will identify the source, type, and status of the funds deposited and held in the account; the beginning balance; the gains and losses; receipts and disbursements, if any; and the ending balance of the quarterly statement period for the minor's supervised account.
We will mail a minor's statement of performance to the address of record quarterly, within and no later than 20 business days after the close of the quarterly statement period.
(a) The custodial parent or the legal guardian must provide an address to the BIA and this address will be the address of record for the minor's supervised account. Where applicable, a parent or legal guardian must provide a copy of the custodial order or guardianship order from a court of competent jurisdiction when providing the address of record for the minor's supervised IIM account.
(b) The emancipated minor must provide his or her address of record to the BIA.
(c) Upon receipt of the change of address of record from the parent or legal guardian, the BIA must provide the change of the address of record to the OTFM.
(a) To change an address of record for a minor's supervised IIM account, a custodial parent(s), legal guardian, or emancipated minor must provide BIA with the following information:
(1) The minor's or emancipated minor's name;
(2) The name of the custodial parent(s) or legal guardian, if applicable;
(3) A custody order from a court of competent jurisdiction or a copy of a guardianship, if applicable;
(4) The new address of the custodial parent(s), legal guardian, or emancipated minor; and
(5) The signature, mark or thumb print of a custodial parent, legal guardian, or emancipated minor that has been notarized by a notary public and/or witnessed by a DOI employee who has been shown verifiable photo identification. See § 115.410
(b) When requesting a change of an address of record, the following information will further assist us to identify the minor's account:
(1) The minor's or emancipated minor's IIM account number;
(2) The minor's or emancipated minor's date of birth;
(3) The minor's or emancipated minor's tribal enrollment number; and
(4) The minor's or emancipated minor's social security number.
Yes, a minor's supervised account may have more than one address on file with the BIA. We request that the parent, legal guardian, or the person who has been recognized by the BIA as having control and custody of the minor, notify us of the following addresses for the minor:
(a) The minor's residence;
(b) The address of record where the statement of performance will be mailed;
(c) The address where disbursement checks will be mailed or financial institution information for direct deposits of trust funds as authorized under an approved distribution plan.
(a) To change an address for a minor's residence, the custodial parent, legal guardian, or the person who has been recognized by the BIA as having control and custody of the minor must provide BIA with the following information:
(1) The minor's name;
(2) The name of the custodial parent(s) or legal guardian;
(3) A copy of a custodial order from a court of competent jurisdiction or a guardianship order, where applicable;
(4) The new address of the minor's residence; and
(5) The signature, mark or thumb print of the individual who is providing the updated address for the minor's residence that has been notarized by a notary public and/or witnessed by a DOI employee who has been shown verifiable photo identification. See § 115.410
(b) When requesting a change of an address for a minor's residence, the following information will further assist us to identify the minor's account:
(1) The minor's IIM account number;
(2) The minor's date of birth;
(3) The minor's tribal enrollment number (if known); and
(4) The minor's social security number (where known).
BIA or OTFM will accept the following forms of identification as “verifiable photo identification”:
(a) A valid driver's license;
(b) A government-issued photo identification card, such as a passport, security badge, etc.; or
(c) A tribal photo identification card.
If the individual making a request regarding a minor's supervised account does not have any verifiable photo identification, the individual may make a request in person at the BIA and we will talk with the individual and review information in the minor's file to see if we can attest to the individual's identity. If we cannot establish the identity of the individual, we will not accept the request.
The Secretary will not accept child support payments for deposit into a minor's supervised account.
A custodial parent, a legal guardian, a person who has been recognized by the BIA as having control and custody of the minor, or an emancipated minor may be eligible to withdraw funds from a minor's supervised account if there is an authorized disbursement request that is based upon the terms of a BIA-approved distribution plan.
An authorized disbursement request is the form or letter that must be approved by the BIA that specifies the funds to be disbursed from an IIM account. The authorized disbursement request may not be issued to disburse funds from a minor's supervised account unless an approved distribution plan exists, the amount to be disbursed is in conformity with the distribution plan and the disbursement will be made to an individual or third party specified in the plan.
OTFM will make an authorized disbursement based on the approved distribution plan from a minor's supervised account by:
(a) Making a direct deposit to a specified account at a financial institution (a direct deposit into the specified account will eliminate lost, stolen or damaged checks and will also eliminate delays associated with mailing the check);
(b) Mailing a check to the address of record or to a specified disbursement address; or
(c) Mailing a check to a specified third party's address.
(a) Federal law does not allow the United States post office to forward checks that are issued by the federal government. Therefore, a check from a minor's supervised account will not be forwarded to an address left with the United States post office. The new address of record must be provided directly to BIA.
(b) Where a forwarding address has been provided to the United States post office, the United States post office will forward a statement of performance and general correspondence regarding a minor's supervised account that is mailed to the minor's address of record for a limited time period. However, it is the responsibility of a custodial parent, legal guardian, or emancipated minor to give BIA the new address of record for the minor's supervised account.
Trust money in a minor's supervised account will not be distributed without a review of other resources that may be available to meet the needs of the minor. Any trust funds of a minor that are distributed must be used for the direct benefit of the minor and in accordance with any additional limitations ( e.g., statutory, court order, tribal resolution, etc.) placed on the use of specific trust funds. Allowable uses may include health, education, or welfare when based upon a justified unmet need. The BIA will require receipts for expenditures of funds disbursed from a minor's account to a custodial parent, legal guardian, person who has been recognized by the BIA as having control and custody of the minor, or an emancipated minor.
A minor may have one or more of the following types of trust funds:
(a) Judgment per capita funds: Withdrawals may only be made upon BIA approval of an application made under Public Law 97-458. See 25 CFR 1.2.
(b) Tribal per capita funds: Withdrawals may only be made under a BIA approved distribution plan and in accordance with the terms of the tribe's per capita resolution/document.
(c) Other trust funds: Withdrawals may only be made under a minor's BIA-approved distribution plan that is based on a justified unmet need for the minor's health, education, or welfare.
(d) Funds from other federal agencies (e.g., SSA, SSI, VA) received for the benefit of the minor: Withdrawals must be made only under a BIA-approved distribution plan that must be consistent with the disbursing agency's (e.g., SSA, SSI, VA) allowable uses for the funds.
A social service provider will develop a minor's distribution plan for approval by the BIA after evaluating the needs of the minor in consultation with a custodial parent, a legal guardian, the person who has been recognized by the BIA as having control and custody of the minor, or emancipated minor. A minor's distribution plan may only provide for those expenditures outlined in part § 115.417.
When developing a minor's distribution plan, the following information must be considered and included in the evaluation:
(a) Documentation which establishes who has physical custody of the minor (e.g., home visits, school records, medical records, etc.);
(b) A copy of any custodial orders or guardianship orders from a court of competent jurisdiction;
(c) The name(s) of the person and his or her relationship to the minor, if any, who make a request for a disbursement from the minor's account;
(d) An evaluation of other resources, including parental income, that may be available to meet the unmet needs of the minor;
(e) A list of the amounts, purposes, and dates for which disbursements will be made;
(f) The name(s) of the person to whom disbursements may be made, including, as applicable:
(1) A custodial parent;
(2) A legal guardian;
(3) The person who has been recognized by the BIA as having control and custody of the minor;
(4) An emancipated minor; and/or
(5) Any third parties to whom the BIA will make direct payment for goods or services provided to the minor and supported by an invoice or bill of sale;
(g) The date(s) (at least every six months) when the custodial parent, the legal guardian, the person who has been recognized by the BIA as having control and custody of the minor, or the emancipated minor must provide receipts to the BIA to show that expenditures were made in accordance with the approved distribution plan;
(h) Additional requirements and justification for those requirements, as necessary to ensure that any distribution(s) will benefit the minor;
(i) The dates the disbursement plan was developed, approved, and reviewed, and the date for the next scheduled review;
(j) The date(s) the distribution plan was amended and an explanation for any amendment(s) to the distribution plan, when an amendment is necessary;
(k) The signature of the BIA official approving the plan with the certification that the plan is in the best interest of the account holder; and
(l) The signature(s) of the custodial parent, legal guardian, with date(s) signed, certifying that he or she has been consulted and has agreed to the terms of the evaluation and the distribution plan.
A minor's distribution plan must contain the following:
(a) A copy of any custodial order or guardianship order from a court of competent jurisdiction;
(b) A list of the amounts, purposes, and dates for which disbursements will be made;
(c) The name(s) of the person(s) to whom disbursements may be made, including, as applicable:
(1) A custodial parent;
(2) A legal guardian;
(3) The person who has been recognized by the BIA as having control and custody of the minor and the address of that person;
(4) An emancipated minor; and/or
(5) Any third parties and the address(es) of the third parties to whom the direct payment will be made for goods or services provided to the minor and supported by an invoice or bill of sale, where applicable;
(d) The date that the disbursement plan was approved and the expiration date of the distribution plan; and
(e) The date and signature of the BIA official approving the plan with a certification that the plan is in the best interest of the account holder.
If you are a custodial parent, the legal guardian, the person who BIA has recognized as having control and custody of the minor, or an emancipated minor who receives funds from a minor's supervised account, you must:
(a) Consult with the social service provider on the development of an evaluation;
(b) Sign an acknowledgment that you have reviewed the evaluation;
(c) Follow the terms of a distribution plan approved by the BIA;
(d) Follow any applicable court order;
(e) Provide receipts to the social services provider in accordance with terms of the evaluation for all expenses paid out of the minor's IIM funds;
(f) Review the statements of performance for the supervised account for discrepancies, if applicable;
(g) File tax returns on behalf of the account holder, if applicable; and
(h) Notify the social service provider of any change in circumstances that impairs your performance of your obligations under this part or inform the social service provider of any information regarding misuse of a minor's trust funds.
At the Secretary's discretion, the BIA may authorize the disbursement of funds from a minor's supervised account for the benefit of the minor.
The BIA-approved distribution plan will be provided to:
(a) The custodial parent; or
(b) A legal guardian; or
(c) At the Secretary's discretion, in unusual circumstances, to a family member who has been recognized as having control and custody of the minor; or
(d) An emancipated minor; and
(e) OTFM.
If we find that a distribution plan has not been followed or that a custodial parent, a legal guardian, or the person who has been recognized by the BIA as having control and custody of the minor has failed to satisfactorily account for expenses or has not used the minor's funds for the primary benefit of the minor, we will:
(a) Notify the individual; and
(b) Take action to protect the interests of the minor, which may include:
(1) Referring the matter for civil or criminal legal action;
(2) Demanding repayment from the individual who has improperly expended trust funds or failed to account for the use of trust funds;
(3) Liquidating a bond posted by the legal guardian, where applicable, to recover improperly expended trust funds up to the amount of the bond; or
(4) Immediately modifying the distribution plan for up to sixty days, including suspending the authority of the individual to receive further disbursements.
The BIA's responsibility in regard to the management of a minor's supervised account is to:
(a) Review and approve the evaluation and the distribution plan;
(b) Authorize OTFM to disburse IIM funds in accordance with an approved distribution plan; and
(c) Conduct annual reviews of case records for minors' supervised accounts to ensure that the social service providers have managed the accounts in accordance with the approved evaluation and distribution plan.
A BIA social worker with an MSW will conduct an annual review of minors' supervised accounts by:
(a) Verifying that all receipts for disbursements made under a distribution plan were collected in accordance with the terms specified in the evaluation;
(b) Reviewing the receipts for disbursements made from a minor's supervised account to ensure that all expenditures were made in accordance with the distribution plan;
(c) Reviewing all case worker reports and notes;
(d) Reviewing account records to insure that withdrawals and payments were made in accordance with the distribution plan;
(e) Verifying current addresses, including the address of record, the address of the minor's residence, and the disbursement address; and
(f) Deciding whether the distribution plan needs to be modified.
No, we will not automatically send your trust funds to you when you reach the age of 18.
You must contact OTFM to request withdrawal of any or all of your trust funds that may be available to you. OTFM may require certain information from you to verify your identity, etc. prior to the release of your trust funds. All signatures must be notarized by a notary public or witnessed by a DOI employee. In addition, if you choose to have a check mailed to you, you must provide us with your address of record. If you choose to have your trust funds electronically transferred to you, you must provide your financial institution account information to OTFM.
Your account will no longer be supervised when you reach the age of 18 unless statutory language or a tribal resolution specifies an age other than 18 years of age for access to specific trust funds. However, if a court of competent jurisdiction has found you to be non-compos mentis, under legal disability, or the BIA has determined you to be an adult in need of assistance, your account will remain supervised and you will be notified in accordance with subpart E.
If you are an emancipated minor, you may have access to some or all of your trust funds as follows:
(a) For judgment per capita funds: you may not make withdrawals from your account until you have reached the age specified in the judgment. Exceptions are only granted upon the approval of an application made under Public Law 97-458. See 25 CFR 1.2.
(b) Tribal per capita funds: access to these funds will be determined by tribal resolution.
(c) Other trust funds: You may be able to have supervised access to some or all of your funds, but the BIA must approve all requests for withdrawals from your account. You must work with the BIA to develop a distribution plan to access the funds in your account. In no instance will the BIA allow an emancipated minor to make unsupervised withdrawals.
(d) For funds from other federal agencies ( e.g., SSA, SSI, VA), you may be able to receive funds directly, but you must contact and make arrangements with the other federal agency. Direct receipt of funds from another federal agency will not change the supervised status of an emancipated minor's trust account.
An estate account is established when we receive notice of an account holder's death.
An estate account will remain open until the funds have been distributed in accordance with the distribution and/or probate order.
At the end of all probate procedures, funds remaining in a decedent's estate account will be distributed from the decedent's estate account and paid directly to or deposited into an IIM account of the decedent's heirs, beneficiaries, or other persons or entities entitled by law to receive the funds, where applicable. See 25 CFR part 15.
(a) If you are responsible for making the funeral arrangements of a decedent who had an IIM account and you have an immediate need for emergency assistance to pay for funeral arrangements prior to burial, you may make a request to the BIA for up to $1,000 from the decedent's IIM account if the decedent's IIM account has more than $2,500 in the account at the date of death.
(b) You must apply for this assistance and submit to the BIA an original itemized estimate of the cost of the service to be rendered and the identification of the service provider.
(c) We may approve reasonable costs up to $1,000 that are necessary for the burial services.
(d) We will make payments directly to the providers of the service(s).
If you have a life estate interest in income-producing trust assets, which is earning income, OTFM will open an IIM-life estate account for you and funds will be distributed after BIA has certified ownership of the trust funds.
If under § 115.102 or § 115.104, the BIA has decided to limit your access to your IIM account ( i.e., decided to supervise the IIM account), or if the BIA has decided to pay creditors with funds from your IIM account, including creditors with judgments from Courts of Indian Offenses for which preliminary procedures are prescribed in 25 CFR 11.208, the BIA must notify you or your guardian, as applicable, to provide you or your guardian, as applicable, with an opportunity to challenge the BIA's decision to restrict your IIM account as specified in subpart E.
(a) The BIA may restrict your IIM account through supervision if the BIA:
(1) Receives an order from a court of competent jurisdiction that you are non-compos mentis; or
(2) Receives an order or judgment from a court of competent jurisdiction that you are an adult in need of assistance because you are “incapable of managing or administering property, including your financial affairs;” or
(3) Determines through an administrative process that you are an adult in need of assistance based on a finding by a licensed medical or mental health professional that you are “incapable of managing or administering property, including your financial affairs;” or
(4) Receives information from another federal agency that you are under a legal disability and that the agency has appointed a representative payee to receive federal benefits on your behalf.
(b) The BIA may restrict your IIM account through an encumbrance if the BIA:
(1) Receives an order from a court of competent jurisdiction awarding child support from your IIM account; or
(2) Receives from a third party:
(i) A copy of the original contract between you and the third party in which you used your IIM funds as security/collateral for the transaction;
(ii) A copy of the document showing that the BIA approved in advance the use of your IIM funds as security/collateral for the contract;
(iii) Proof of your default on the contract according to the terms of the contract; and
(iv) A copy of the original assignment of IIM income as security/collateral for the contract that is signed and dated by you and is notarized;
(3) Receives a money judgment from a Court of Indian Offenses pursuant to 25 CFR 11.208 or under any tribal law and order code;
(4) Is provided documentation showing that BIA or OTFM caused an administrative error which resulted in a deposit into your IIM account, or a disbursement to you, or to a third party on your behalf; or
(5) Is provided with proof of debts owed to the United States pursuant to § 115.104 of this part.
The BIA will notify you or your guardian, as applicable, of its decision to restrict your IIM account by:
(a) United States certified mail to your address of record;
(b) Personal delivery to you or your guardian, as applicable, or to your address of record;
(c) Publication for four consecutive weeks in your tribal newspaper if your whereabouts are unknown and in the local newspaper serving your last known address of record; or
(d) United States certified mail to you in care of the warden, if you are incarcerated. The BIA may send a copy of the notification to your attorney, if known.
Cite this law
TRUST FUNDS FOR TRIBES AND INDIVIDUAL INDIANS (U.S.C.). Retrieved via LawPlayer, https://lawplayer.com/us/act/cfr-title-25-part-115
United States government works (U.S. Code, Code of Federal Regulations) are in the public domain under 17 U.S.C. § 105.
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