25 C.F.R. § 1000.355 How are trust evaluations conducted?
Title 25 - Indians
(a) Each year the Secretary's designated representative(s) will conduct trust evaluations for each self-governance AFA. The Secretary's designated representative(s) will coordinate with the designated Tribe's/Consortium's representative(s) throughout the review process, including the written report required by §1000.365. (b) This section describes the general framework for trust reviews. However, each Tribe/Consortium may develop, with the appropriate bureau, an individualized trust evaluation process to allow for the Tribe's/Consortium's unique history and circumstances and the terms and conditions of its AFA. An individualized trust evaluation process must, at a minimum, contain the measures in paragraph (d) of this section. (c) To facilitate the review process so as to mitigate costs and maximize efficiency, each Tribe/Consortium must provide access to all records, plans, and other pertinent documents relevant to the program(s) under review not otherwise available to the Department. (d) The Secretary's designated representative(s) will: (1) Review trust transactions; (2) Conduct on-site inspections of trust resources, as appropriate; (3) Review compliance with applicable statutory and regulatory requirements; (4) Review compliance with the trust provisions of the AFA; (5) Ensure that the same level of trust services is provided to individual Indians as would have been provided by the Secretary; (6) Document deficiencies in the performance of trust functions discovered during the review process; and (7) Ensure the fulfillment of the Secretary's trust responsibility to Tribes and individual Indians by documenting the existence of: (i) Systems of internal controls; (ii) Trust standards; and (iii) Safeguards against conflicts of interest in the performance of trust functions. (e) At the request of a Tribe/Consortium, at the time the AFA is negotiated, the standards will be negotiated, except where standards are otherwise provided for by law.
Title 25: Indians
PART 1000—ANNUAL FUNDING AGREEMENTS UNDER THE TRIBAL SELF-GOVERNMENT ACT AMENDMENTS TO THE INDIAN SELF-DETERMINATION AND EDUCATION ACT
Subpart O—Trust Evaluation Review
Annual Trust Evaluations
§ 1000.355 How are trust evaluations conducted?