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Resource Center

 Tribal Policy

The Treasury Department is committed to implementing a comprehensive consultation process leading to meaningful dialogue with Indian Tribes, on a government-to-government basis, on Treasury regulations, legislative comments, proposed legislation and policy statements that have Tribal implications, have a direct and identifiable economic impact on Indian Tribes, or preempt Tribal law.

The Treasury Department's Office of Economic Policy is responsible for coordinating consultation between the Indian Tribes and Treasury Department bureaus and offices.  Please use the email link below to contact us with any questions, concerns or comments you may have.

We encourage you to check this page frequently to stay informed of our progress, and explore opportunities to share your concerns with the Department.

Recent Activity 

  • On June 14, Deputy Assistant Secretary Policy Coordination Aaron Klein will testify before the Senate Indian Affairs Committee at a hearing entitled, “New Tax Burdens on Tribal Self-Determination”.  Testimony of Aaron Klein.pdfTestimony of Aaron Klein.pdf
  • On May 30, The Treasury and the Service hosted a stakeholder conference call with Tribes and Tribal leaders that provided Tribes and Tribal leaders additional opportunities for input, and provided Treasury and the Service the opportunity to further discuss the issues.
  • On May 14, The Treasury Department and the Internal Revenue Service jointly conducted another consultation and listening session regarding the application of the General Welfare Exclusion to Benefits Provided under Indian Tribal Government Programs. Pursuant to Treasury’s Tribal Consultation Policy and Executive Order 13175, Treasury and the IRS have been actively engaged in consultation with Tribes and Tribal leaders. Treasury and IRS began consultation on this specific topic in November 2011, and have held several public, in-person sessions. Treasury and IRS requested written comments and received over 65 comments in response to Notice 2011-94. To address those concerns, the Office of Indian Tribal Governments of the IRS is looking at what administrative steps it can take to develop a national coordination process in order to ensure that general welfare programs are reviewed in a consistent fashion.
  • On March 8, Treasury and IRS officials conducted a consultation and listening session with Tribal Leaders in Washington, D.C., during the National Congress of American Indians (NCAI) Executive Council session meetings. The conversation lasted two hours and focused on various ideas and concepts to improve the General Welfare Exclusion to Indian tribal government programs. During the conversation concepts were raised by the California Association of Tribal Governments, the Affiliated Tribes of Northwest Indians, United South and Easter Tribes, Inc., the Native American Finance Officers Association and the National Congress of American Indians, along with others raised by Tribal leaders, members and interested parties in attendance.

  • On March 6, Deputy Assistant Secretary Aaron Klein, addressed the National Congress of American Indians (NCAI) Executive Council in an open session with approximately 100 Tribal leaders, members and interested parties in attendance. DAS Klein focused on Treasury’s ongoing Tribal consultation efforts , Treasury’s recent report on Tribal Economic Development Bonds and Treasury and IRS’s consultation efforts on the General Welfare Exclusion.
  • On February 13, 2012, the Internal Revenue Service announced it is extending the time limit for commenting on guidance the agency issued regarding the application of the general welfare exclusion to Indian tribal government programs. Comments may now be submitted through March 14, 2012.
  • The Treasury Department and the Internal Revenue Service (IRS) are beginning the consultation process regarding the application of the general welfare exclusion to benefits provided under Indian Tribal Government programs. The notice invites comments concerning the application of the general welfare exclusion from taxable income of some benefits that Indian tribal governments provide to tribal members. Treasury and the IRS will be holding consultation listening meetings to receive input on the General Welfare Exclusion directly from tribal leaders. Further information about this request for comments is available here. The written comment period will be open for 90 days.
  • On November 14, 2011, the IRS announced new guidance on revenue procedures that provide a safe harbor for Indian tribes to establish trusts for tribal members who are minors or legally incompetent, for the distribution of gaming revenues under the Indian Gaming Regulatory Act (IGRA). It is available at  http://www.irs.gov/pub/irs-drop/rp-11-56.pdf
  • IRS Invites Public to Comment on TEDB Allocation Process and Also Announces a 3-Month Extension to Issue Unexpired TEDB Allocations
    The IRS seeks public comment on the reallocation of available amounts of volume cap for Tribal Economic Development Bonds in order to facilitate issuance by Indian tribal governments. Additionally, Indian tribal governments with unexpired volume cap allocations may request a three-month optional extension.
  • Treasury submitted a progress report on its tribal consultation policy to the Office of Management and Budget (OMB).  This report was issued in response to President Obama’s Memorandum on Tribal Consultation, which required each agency head to submit a progress report on tribal consultation issues.
  • On May 9, 2011, Treasury announced its intention to create a Federal Advisory Committee on Insurance.  This is one in a series of steps that Treasury is taking to establish the new Federal Insurance Office (FIO) created under the Dodd-Frank Wall Street Reform and Consumer Protection Act. The Committee will provide advice to the FIO and the Treasury Department, including to the FIO Director in the Director’s role as a member of the Financial Stability Oversight Council (FSOC).  Through the Committee, the FIO and the Treasury will benefit from the deep knowledge and regulatory experience of state insurance regulators, as well as the perspective of industry experts, academics, and other stakeholders and affected constituencies.Recognizing the important role of state insurance regulators, half of the Committee’s membership has been reserved for state and tribal insurance regulators. Read the press release and the Federal Register Notice.
  • On March 3, 2011, representatives from the Treasury and the Internal Revenue Service attended a Tribal Nations Conference Follow-up Meeting with Tribal Leaders.  The meeting provided a forum for tribal leaders to discuss and distill recommendation from the 2010 White House Tribal Nations Conference.  Topics of discussion within the Treasury Department’s purview included Economic Development Bonds and New Market Tax Credits.  If you have comment or questions on these or other topics, please send an email to us at the link below.
  • On December 16, 2010, Treasury Deputy Secretary, Neal S. Wolin participated in the White House Tribal Nations Conference of 2010.  Each of the 565 federally recognized tribes were invited to send one tribal leader to the conference, where they were able to interact directly with the President and representatives from the highest levels of his Administration.  Following a keynote speech by President Obama, Treasury Deputy Secretary Wolin served on a panel addressing economic development, together with Housing and Urban Development Secretary Shawn Donovan, Labor Secretary Hilda Solis, Transportation Secretary Ray LaHood, Export-Import Bank Chairman Hochberg and other high-level administration officials.
  • In November 2010, deadlines for issuing bonds under the Tribal Economic Development Bond provision in Section 7871(f) of the Internal Revenue Code were extended. The deadline for the first tranche was extended to June 30, 2011 with the possibility of a further extension to the end of 2011 upon request.  The deadline for the second tranche will continue to be the end of December 2011. For more details, see the web posting by the Office of Indian Tribal Governments at the Internal Revenue Service.  While the formal Federal Register comment period has ended, the Treasury Department continues to welcome comments on this program.  Please send comments by email or write to us using the contact information below.
  • In August 2010, Treasury’s progress report on a department-wide review of its tribal consultation policies, required by a Presidential Memorandum issued on November 5, 2009 , was submitted on time to the Office of Management and Budget (OMB).  Going forward, in accordance with President Obama's memo, Treasury will continue to submit to OMB an annual progress report on its tribal consultation process and activities. 
  • Throughout the summer of 2010, the Treasury Department’s Native American CDFI Assistance (NACA) Program, an arm of the Community Development Financial Institutions (CDFI) Fund, launched a new "Economic Development Strategies in Indian Country" workshop series. Co-sponsored with the Federal Reserve Bank of San Francisco, Seattle Branch, these workshops – in Albuquerque, Anchorage, Sacramento, Oklahoma City and Seattle – focused on economic development in Native communities. For more details, including plans for future workshops, see the NACA website.

    Also during the summer, Treasury participated in an administration-wide review of the United Declaration on the Rights of Indigenous Peoples.  This review ultimately led to the President’s announcement, during his remarks at the White House Tribal Nations Conference in December, that the United States supports the U.N. Declaration.

Contact Information

Tribal Consultation
Office for Economic Policy
U.S. Treasury Department
1500 Pennsylvania Avenue, NW
Washington, DC 20220
Email: Tribal.Consult@treasury.gov​​

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