§115.601. Under what circumstances may the BIA restrict your IIM account through supervision or an encumbrance?
25 C.F.R. § 115.601
The BIA may restrict your IIM account through supervision if the BIA:
Receives an order from a court of competent jurisdiction that you are non-compos mentis; or
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
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
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.
The BIA may restrict your IIM account through an encumbrance if the BIA:
Receives an order from a court of competent jurisdiction awarding child support from your IIM account; or
Receives from a third party—
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;
A copy of the document showing that the BIA approved in advance the use of your IIM funds as security/collateral for the contract;
Proof of your default on the contract according to the terms of the contract; and
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;
Receives a money judgment from a Court of Indian Offenses pursuant to 25 CFR 11.208 or under any tribal law and order code;
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
Is provided with proof of debts owed to the United States pursuant to § 115.104 of this part.
Notes, amendments, and revision history
Authority
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
Source: 66 FR 7094, Jan. 22, 2001, unless otherwise noted.