[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Notices]
[Pages 71816-71817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28383]
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DEPARTMENT OF THE TREASURY
Tribal Consultation Policy
AGENCY: Department of the Treasury.
ACTION: Notice of Interim Tribal Policy.
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SUMMARY: This notice announces an interim policy outlining the guiding
principles for all Treasury bureaus and offices engaging with Tribal
Governments on matters with Tribal implications. The policy will be
updated periodically and refined as needed to reflect ongoing
engagement and collaboration with Tribal partners.
DATES: Comments must be received no later than April 2, 2015. Effective
date: December 3, 2014.
Electronic Comments: Use the Federal eRulemaking Portal
(www.regulations.gov) and follow the instructions for submitting
comments through the Web site. You may download this proposed rule from
www.regulations.gov or www.treasurydirect.gov. You may also submit
electronic comments to [email protected].
We will post all comments received to www.regulations.gov and on
the TreasuryDirect Web site at www.treasurydirect.gov. The interim
policy and comments will also be available for public inspection and
copying at the Treasury Department Library, Treasury Annex Room 1020,
1500 Pennsylvania Avenue NW., Washington, DC 20220. To visit the
library, call (202) 622-0990 for an appointment. In general, comments
received, including attachments and other supporting materials, are
part of the public record and are available to the public. Do not
submit any information in your comments or supporting materials that
you consider confidential or inappropriate for public disclosure.
FOR FURTHER INFORMATION CONTACT: Elaine Buckberg, Deputy Assistant
Secretary for Policy Coordination, Office of Economic Policy and Point
of Contact for Tribal Consultation, Department of the Treasury at 202-
622-2200 or by email at [email protected].
SUPPLEMENTARY INFORMATION:
Department of the Treasury Tribal Consultation Policy
In furtherance of Executive Order 13175, ``Consultation and
Coordination with Indian Tribal Governments,'' 65 FR 67,249, issued by
President Clinton on November 6, 2000, and the Presidential Memorandum
for the Heads of Executive Departments and Agencies on Tribal
Consultation, 74 FR 57881, signed by President Obama on November 5,
2009, the U.S. Department of the Treasury (Treasury) establishes this
Tribal Consultation Policy (Policy). The Policy outlines the guiding
principles for all Treasury bureaus and offices engaging with Tribal
Governments on matters with Tribal Implications. The Policy will be
updated periodically and refined as needed to reflect ongoing
engagement and collaboration with Tribal partners.
I. Definitions
A. Indian Tribe refers to an Indian or Alaska Native tribe, band,
nation, pueblo, village, or community that the Secretary of the
Interior acknowledges to exist as an Indian Tribe pursuant to the
Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. 479a.
B. Tribal Government refers to the recognized governing body of an
Indian Tribe.
C. Tribal Consultation (or Consultation) involves the direct,
timely, and interactive process of receiving input from Indian Tribes
regarding proposed Treasury actions on policy matters that have Tribal
Implications.
D. Policies that have Tribal Implications shall have the same
meaning as used in Executive Order 13175, and refers to Treasury
regulations, published guidance, or other policy statements or actions
that have substantial direct effects on one or more Indian Tribes, on
the relationship between the Federal Government and Indian Tribes, or
the distribution of power and responsibilities between the Federal
Government and Indian Tribes. It does not include policy matters of
general applicability that may have an impact on Indian Tribes or their
members.
E. Tribal Officials refers to elected or duly appointed officials
of Tribal Governments or authorized inter-tribal organizations.
II. Guiding Principles
A. The United States recognizes the right of Indian Tribes to self-
government, and their inherent sovereign powers over their members and
territories. The principle of consultation has its roots in the unique
relationship between the federal government and the governments of
Indian Tribes. This government-to-government relationship has a more
than 200-year history, and is built on the foundation of the U.S.
Constitution, treaties, legislation, executive action, and judicial
rulings. Most recently, consultation was recognized in Executive Order
13175 and in the November 5, 2009 Presidential Memorandum on Tribal
Consultation.
B. Treasury is committed to strengthening the government-to-
government relationships between the United States and Indian Tribes.
Treasury recognizes that agency policies, programs, and services may
impact Indian Tribes and is committed to consulting with Tribal
Officials with regard to Treasury Policies that have Tribal
Implications. This Policy will complement, not supersede, any existing
laws, rules, or regulations that guide existing consultation processes
with Indian Tribes.
C. Tribal Consultation will inform Treasury's development of
regulations, published guidance, and other policy statements or
actions, as it will enhance Treasury's understanding of the potential
impacts of these activities on Indian Tribes.
D. Treasury is committed to developing and issuing regulations and
guidance in a timely manner.
III. Consultation Policy
A. Statement of Policy
Treasury will endeavor to consult with Tribal Governments prior to
issuing regulations, published guidance, and Policies with Tribal
Implications. Treasury may also conduct listening sessions, meetings
with individual Tribes, and informal discussions with Tribal Officials
on matters of concern.
The Tribal Consultation process should achieve the following core
objectives: (1) Timely identification of matters that may warrant
Tribal Consultation; (2) implementation of a process that is accessible
and convenient to Tribal participants; and (3) development of
meaningful, transparent, and accountable dialogue involving the
appropriate participants. Consistent with Executive Order 13175, Tribal
Consultation is not required for actions to enforce requirements
administered by the agency or actions to
[[Page 71817]]
penalize violations of these requirements, even if the actions impact
multiple Indian Tribes or members of multiple Indian Tribes. Actions
that do not require Tribal Consultation include, but are not limited
to:
Administrative orders, practices, or litigation involving
penalties or equitable or similar relief to ameliorate the effects of
prior violations or ensure compliance;
Administrative orders that impose specialized requirements
of limited duration;
Audits, examinations, or investigations; and
Internal agency guidelines with respect to such matters.
B. Role of the POCTC
The Treasury Point of Contact for Tribal Consultation (POCTC) is
the Deputy Assistant Secretary for Policy Coordination in the Office of
Economic Policy, or another official as designated by the Secretary or
the Deputy Secretary. Treasury bureaus and policy offices, as well as
the Office of the General Counsel (OGC) and the Executive Secretariat,
may assist the POCTC in identifying policy matters that may require
Tribal Consultation.
The POCTC is available to assist Treasury bureaus and offices in
the identification of policy matters that may be appropriate for Tribal
Consultation. OGC is also available to assist in resolving internal
questions related to Tribal Consultation matters.
C. Procedures for Evaluating and Initiating Consultation
1. Treasury bureaus and offices should endeavor to conduct Tribal
Consultation with respect to policies that have Tribal Implications,
including early outreach to solicit comments from appropriate Tribal
Officials who may be substantially affected by changes in Treasury
regulations, published guidance, or other policies under consideration.
Program staff and legal counsel should assist in the identification of
policy matters that are likely to require Tribal Consultation.
Generally, every effort should be made to provide sufficient notice
prior to scheduling Consultation, and the POCTC or Treasury office or
bureau conducting a Consultation should inform Tribal Officials as soon
as practicable if exceptional circumstances, such as legislative or
regulatory deadlines or other factors beyond Treasury's control,
warrant an abbreviated period of advance notice.
2. Tribal Consultation with Tribal Officials will be conducted by
Treasury officials who are knowledgeable about the matters at hand and
authorized to speak for the Department.
3. A phased approach to Tribal Consultation may be appropriate in
some matters, in which a plan for more extensive Tribal Consultation is
identified and a commitment is made to consult within a specified time
frame.
4. Treasury bureaus and offices should notify the POCTC in advance
of final actions on policies that have Tribal Implications. The POCTC
may advise on the potential need for Tribal Consultation with respect
to such matters.
5. With respect to policies that have Tribal Implications
regulations and published guidance, to the extent practicable and
permitted by law, Treasury should consult with Tribal Officials early
in the process of developing such regulations or guidance. These
Consultations should seek comment on compliance costs as appropriate to
the nature of the regulation or guidance under development. The timing,
nature, detail, and extent of Consultation will depend on the
regulation or guidance involved.
D. Methods of Consultation
Tribal Consultation may include, but is not limited to, one or more
of the following:
Federal Register (FR) notices or other published guidance
soliciting comments. Tribal Consultation may be announced in FR notices
and other published guidance, including guidance published in the
Internal Revenue Bulletin, with respect to policies that have Tribal
Implications. FR notices and other published guidance requesting
comments from Tribal Governments should be published as soon as
practicable after Treasury determines that Tribal Consultation is
appropriate. When practicable, a comment period of 60 to 120 days will
be provided, to allow sufficient time for Tribal Governments to consult
with their members and legal counsel on any matters of concern.
Meetings, written correspondence, conference calls,
videoconferences, and workshops to encourage an exchange of views.
Tribal Consultation may also be conducted through email, regular mail,
telephone calls (including conference calls), video conferences, and
in-person meetings or conferences, as schedules and resources permit.
Where appropriate, intra- and inter-agency meetings also may be
utilized to address areas of concern, conserve resources, and ensure
comprehensive coverage of an issue. Disparities in time zones and
travel costs, including those of Alaskan Native tribes, will be taken
into account when scheduling phone calls and conferences.
Targeted outreach. Treasury officials or the POCTC may
also directly contact Tribal Officials to discuss matters with Tribal
Implications. In addition, as resources and schedules permit, Treasury
officials may attend conferences sponsored by inter-tribal
organizations to participate in agency listening sessions and/or to
present on issues of concern to Indian Tribes.
E. Process for Tribal Officials To Request Consultation
Tribal Officials are encouraged to contact directly the appropriate
Treasury officials, on a government-to-government basis, to seek
Consultation on matters with Tribal Implications. Consultation requests
may also be addressed to the POCTC, who will direct the matter to
additional Treasury officials as appropriate. The POCTC also may be
contacted with general concerns or requests for information, and may
refer specific policy matters to the Treasury bureaus or offices with
direct jurisdiction, as appropriate. The POCTC can be reached at
[email protected].
IV. Judicial Review
This policy is intended only to improve the internal management of
the Department, and is not intended to create any right, benefit, or
trust responsibility, substantive or procedural, enforceable at law by
a party against the Department or any person.
Dated: November 26, 2014.
Elaine Buckberg,
Deputy Assistant Secretary for Policy Development, Office of Economic
Policy.
[FR Doc. 2014-28383 Filed 12-2-14; 8:45 am]
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