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.

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.

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.

The Secretary's designated representative(s) will:

Review trust transactions;

Conduct on-site inspections of trust resources, as appropriate;

Review compliance with applicable statutory and regulatory requirements;

Review compliance with the trust provisions of the AFA;

Ensure that the same level of trust services is provided to individual Indians as would have been provided by the Secretary;

Document deficiencies in the performance of trust functions discovered during the review process; and

Ensure the fulfillment of the Secretary's trust responsibility to Tribes and individual Indians by documenting the existence of:

Systems of internal controls;

Trust standards; and

Safeguards against conflicts of interest in the performance of trust functions.

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.