Trust Evaluation Review

25 C.F.R. Part ..., Subpart O
in effectEffective: 2024-07-01

25 C.F.R. § 1000.350 What is the purpose of this subpart?

This subpart describes how the trust responsibility of the United States is legally maintained through a system of trust evaluations when Tribes/Consortia perform trust functions through AFAs under the Tribal Self-Governance Act of 1994. It describes the principles and processes upon which trust evaluations will be based.

25 C.F.R. § 1000.351 Does the Tribal Self-Governance Act of 1994 alter the trust responsibility of the United States to Indian Tribes and individuals under self-governance?

No, the Act does, however, permit a Tribe/Consortium to assume management responsibilities for trust assets and resources on its own behalf and on behalf of individual Indians. Under the Act, the Secretary has a trust responsibility to conduct annual trust evaluations of Tribal performance of trust functions to ensure that Tribal and individual trust assets and resources are managed in accordance with the legal principles and standards governing the performance of trust functions if trust assets or resources are found to be in imminent jeopardy.

25 C.F.R. § 1000.352 What are “trust resources” for the purposes of the trust evaluation process?

(a) Trust resources include property and interests in property: (1) That are held in trust by the United States for the benefit of a Tribe or individual Indians; or (2) That are subject to restrictions upon alienation. (b) Trust assets include: (1) Other assets, trust revenue, royalties, or rental, including natural resources, land, water, minerals, funds, property, assets, or claims, and any intangible right or interest in any of the foregoing; (2) Any other property, asset, or interest therein, or treaty right for which the United States is charged with a trust responsibility. For example, water rights and off-reservation treaty rights. (c) This definition defines trust resources for purposes of the trust evaluation process only.

25 C.F.R. § 1000.353 What are “trust functions” for the purposes of the trust evaluation process?

Trust functions are those programs necessary to the management of assets held in trust by the United States for an Indian Tribe or individual Indian.

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