§ 1000.1930 How are trust evaluations conducted?

(a) Each year the Secretary's designated representative(s) will conduct an evaluation of trust PSFAs for each funding agreement. The Secretary's designated representative(s) will coordinate in writing with the leadership of the Tribe/Consortium, with a copy to the designated Tribe's/Consortium's representative(s), to arrange the evaluation of trust PSFAs and throughout the trust evaluation, including the written report required by § 1000.1940. (b) This section describes the general framework for trust evaluations. However, each Tribe/Consortium may develop, with the appropriate bureau, an individualized trust evaluation method to allow for the Tribe's/Consortium's unique history, circumstances, trust resources and assets, and the terms and conditions of its funding agreement. An individualized trust evaluation must, at a minimum, contain the measures in paragraph (d) of this section. (c) To facilitate the trust evaluation 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 trust PSFAs 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 and assets, as appropriate, at a time to be coordinated between the parties; (3) Review compliance with applicable statutory and regulatory requirements; (4) Review compliance with the trust provisions and standards as may be negotiated and included in the funding agreement; (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 PSFAs discovered during the trust evaluation in the final report which the Department will submit to the Tribe/Consortium pursuant to § 1000.1940; 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 PSFAs.