Current through October 31, 2024
Section 1000.355 - How are trust evaluations conducted?(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.