Code of Federal Regulations · Section
§ 115.418 — What Types Of Trust Funds May A Minor Have?
25 C.F.R. § 115.418
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.
Authorizing Statute
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Definitions25 U.S.C. § 4001
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Regulations by President25 U.S.C. § 9
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Departmental regulations5 U.S.C. § 301
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Records management by agency heads; general duties44 U.S.C. § 3101
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Duties of Commissioner25 U.S.C. § 2
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Duties of Secretary43 U.S.C. § 1457
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Deposit in Treasury of trust funds25 U.S.C. § 161