---
kind: "section"
citation: "25 C.F.R. § 115.601"
title: "25"
number: "115.601"
heading: "Under what circumstances may the BIA restrict your IIM account through supervision or an encumbrance?"
url: "https://uscodex.org/cfr/25/115.601"
---

# §115.601. Under what circumstances may the BIA restrict your IIM account through supervision or an encumbrance?

- (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](/cfr/25/11.208.md) 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](/cfr/25/115.104.md) of this part.

## Notes

### 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.