a payment will not be recognized. Superintendents will note in the "Remarks" column on the roll the date of birth of each new enrollee and the date of death of deceased annuitants.

§ 111.4 Election of shareholders.

An Indian holding equal rights in two or more tribes can share in payments to only one of them and will be required to elect with which tribe he wishes to be enrolled and to relinquish in writing his claims to payments to the other. In the case of a minor the election will be made by the parent or guardian.

§111.5 Future payments.

Indians who have received or applied for their pro rata shares of an interestbearing tribal fund under the act of March 2, 1907 (34 Stat. 1221; 25 U.S.C. 119, 121), as amended by the act of May 18, 1916 (39 Stat. 128), will not be permitted to participate in future payments made from the accumulated interest.

PART 112-REGULATIONS FOR PRO RATA SHARES OF TRIBAL FUNDS

Sec.

112.1 Fee simple patentees. 112.2 Applicants who have received neither fee simple patents nor certificates of competency.

112.3 Applicants who are mentally or physically incapable of managing their affairs.

112.4 Interest in pro rata shares not vested rights unless application approved. 112.5 Basis of distribution; pro rata shares. 112.6 Disposition of pro rata share in event

of applicant's death.

112.7 Pro rata shares of minors.

AUTHORITY: Sec. 2, 34 Stat. 1221, as amended; 25 U.S.C. 121.

CROSS REFERENCE: For regulations pertaining to the determination of heirs and approval of wills, see part 15 and subpart G of part 11 of this chapter.

SOURCE: 22 FR 10549. Dec. 24, 1957, unless otherwise noted. Redesignated at 47 FR 13327, Mar. 30, 1982.

§ 112.1 Fee simple patentees.

When the applicant has been granted a patent in fee or certificate of competency, that fact will be accepted as prima facie evidence of his com

petency, but in forwarding applications of this class the agent will give the date on which the patent was issued, report whether in his judgment the patentee has made proper use of his privileges and would make good use of his share of the tribal funds if paid to him, and make a specific recommendation for approval or disapproval of the application.

§ 112.2 Applicants who have received neither fee simple patents nor certificates of competency.

In the case of an applicant who has received neither a fee simple patent nor a certificate of competency, the application must be accompanied by evidence which will establish the fact that he is capable of managing his own affairs. In forwarding applications of this class the superintendent will report fully, as follows:

(a) Is the applicant living on this allotment? If so, is he making reasonable efforts to cultivate his land and to support himself and family? If he is not living on his allotment, what is his occupation?

(b) Is any part of his allotment leased? If so, to what extent does he depend upon the rent therefrom to support himself and family?

(c) Has the applicant been given the privilege of leasing his own lands; and if so, with what result?

(d) Has he an interest in any inherited land? If he has sold or leased any inherited land, how has he managed the proceeds?

(e) Is the applicant of good moral character?

(f) Is he addicted to the use of intoxicants? And if so, does this habit, in the judgment of the agent, unfit him to make proper use of his share of the tribal funds?

(g) What is his physical condition? (h) Is the applicant in debt? If so, to what extent and for what purpose was the debt incurred?

(i) Has the applicant the necessary business qualifications to enable him to manage his own affairs?

(j) Give such other information concerning the applicant as will aid the office in determining whether or not to approve his application.

(k) Make a specific recommendation for the approval or disapproval of the application.

$112.3 Applicants who are mentally or physically incapable of managing their affairs.

Applications of this class must be accompanied by evidence that will establish the advisability of withdrawing the share. If the application is approved, the funds will be deposited to the credit of the Indian and handled as individual Indian money.

In forwarding applications the agent will report fully as follows:

(a) Sex and exact date of birth. (b) Identify the applicant by allotment and last annuity-roll numbers.

(c) What is the actual physical condition of the applicant. If suffering from disease, submit certificate of physician if necessary to establish disability.

(d) What is the actual mental condition of the applicant? Answer fully.

(e) What are the material resources of the applicant?

(f) What advantages will accrue to applicant by withdrawal of his or her share at this time?

(g) Has it been explained to the applicant and does he understand that if the application is approved the funds will be deposited to his credit as individual Indian money to be expended under the supervision of the superintendent?

(h) Make a specific recommendation for the approval or disapproval of the application.

CROSS REFERENCE: For individual Indian money regulations, see part 115 of this chap

ter.

[22 FR 10549. Dec. 24, 1957. Redesignated at 47 FR 13327, Mar. 30, 1982, as amended at 48 FR 13414, Mar. 31, 1983]

§ 112.4 Interest in pro rata shares not vested rights unless application approved.

On November 6, 1908, the Secretary of the Interior decided, in effect, that the interest of an Indian in a pro rata share of a tribal fund does not vest in the Indian an inheritable property until after his application has been approved by the Secretary and an order signed by him segregating it from the tribal fund. Applications for shares of funds under this act may be made at

any time, but in view of the Secretary's decision such applications should be forwarded to the Bureau by the superintendent as soon as they are completed and filed with him. Applications from those who are blind, decrepit, etc., must be made special and forwarded to the Bureau of Indian Affairs, Washington, D.C., as soon as possible.

§ 112.5 Basis of distribution; pro rata shares.

In estimating the pro rata share of an individual, the last annuity payroll prior to July 1, or January 1 of each year will be taken as a basis of distribution. Where no payment has been made within 1 year, the last census, if taken within the year, will be the basis. If no census has been taken or payment made within a year, the last available record-either census or annuity roll will be used.

$112.6 Disposition of pro rata share in event of applicant's death.

In the event of the death of an applicant prior to the approval of his application by the Secretary of the Interior, the share to which he would have been entitled, if living, will revert to the tribe. In case of the death of an applicant after approval of his application and the signing by the Secretary of the Interior of an order for the segregation of his share, but before payment is made, his share will descend to his legal heirs and should be deposited to the credit of the estate pending formal determination thereof.

CROSS REFERENCE: For regulations pertaining to the determinations of heirs and approval of wills, see part 15 and §§ 11.30 through 11.32C of this chapter.

$112.7 Pro rata shares of minors.

The shares of minors will not be withdrawn except when necessary for their own benefit. The application should be signed by the parent or guardian and transmitted to the Bureau by the superintendent with his recommendation as in other cases and a full explanation of the circumstances which justify the withdrawal. Such shares will be deposited to the credit of the minors subject to expenditure

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 re

quest regarding a minor's supervised account does not have any verifiable photo identification?

1

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 estab

lished?

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 in

clude 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?

115.618

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?

115.807 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 with

drawal 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 1-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.

Subpart A-Purpose, Definitions, and Public Information

$115.001 What is the purpose of this part?

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).