DEPARTMENT OF THE TREASURY

WASHINGTON, D.C. 20220

January 30, 2023

via Email

Dear Tribal Leader:

As the Point of Contact for Tribal Consultation for the U.S. Department of the Treasury 

(Treasury), I invite you to a consultation on updating Treasury’s Tribal Consultation 

Policy. The consultation will be held virtually on Wednesday, March 8, 2023, 2pm-5pm 

ET. Register here for the consultation.

Background

The United States has a unique trust relationship with, and responsibility to protect and 

support, Tribal Nations. In recognition of this unique legal relationship, and to strengthen 

the government-to-government relationship, Executive Order 13175 of November 6, 

2000 (Consultation and Coordination With Indian Tribal Governments), charges all 

executive departments and agencies (agencies) with engaging in regular, meaningful, 

and robust consultation with Tribal officials in the development of Federal policies that 

have Tribal implications, and sets forth fundamental principles and policymaking criteria.

On September 23, 2015, Treasury published its first Tribal Consultation Policy and in

2021, Treasury conducted a Tribal consultation on the Presidential Memorandum on 

Strengthening Tribal Consultation and Nation to Nation Relationships (January 26, 

2021). Treasury considered Tribal feedback and recommendations received during the 

consultation to develop an Action Plan for Tribal Consultation and Collaboration which 

included the goal of updating Treasury’s Tribal Consultation Policy. 

On November 30, 2022, President Biden signed the Presidential Memorandum on 

Uniform Standards for Tribal Consultation which establishes uniform minimum 

standards to be implemented across all agencies regarding how Tribal consultations are 

to be conducted. The memorandum is also designed to respond to the input received 

from Tribal Nations regarding Tribal consultation on the January 26, 2021 Presidential 

Memorandum, improve and streamline the consultation process for both Tribes and 

Federal participants, and ensure more consistency in how agencies initiate, provide 

notice for, conduct, record, and report on Tribal consultations.

In 2023, Treasury intends to revise its Tribal Consultation Policy to support the 

department’s increased nation-to-nation engagement with Tribal governments. Treasury 

looks forward to engaging with Tribal governments on how the provisions included in 

the Presidential Memorandum on Uniform Standards for Tribal Consultation should be 

implemented prior to the revision of the department’s current Tribal consultation 

policies. Please note, this consultation is to inform drafting of Treasury’s revised 

consultation policy and Treasury intends to also conduct Tribal consultation on its 

revised policy. 
Specifically, we hope to receive your input on the following questions: 

1. What questions, comments, or suggestions do you have regarding Treasury 

current Tribal consultation policy?

2. What consultation practices and processes should Treasury adopt to support 

nation-to-nation engagement?

3. Section 7 of the November 30, 2022 Presidential Memorandum addresses Tribal 

consultation records; how should Treasury balance Tribal transparency interests 

with Tribal data privacy concerns with regard to the content of consultations? 

4. Section 8 of the November 30, 2022 Presidential Memorandum provides that the 

head of each agency must require annual training of agency employees who 

work with Tribal Nations or who work on matters with Tribal implications; what 

recommendations do you have for Treasury’s implementation of this section? 

Register here for the Wednesday, March 8, 2023, at 2:00 pm ET session.

We respectfully request that each Tribal government register one primary leader or 

designee to provide comments. All others are welcome to register as listen-only 

participants. Please note that each consultation can host 500 participants. 

Treasury will send out an agenda and a list of registered speakers on or before 

Wednesday, March 1, 2023.

The deadline to submit written comments is March 31, 2023, at 11:59 p.m. AKT. Written 

comments should be sent to tribal.consult@treasury.gov.

If you have any questions, please email tribal.consult@treasury.gov. We look forward to 

hearing your feedback on this issue to ensure Tribal governments and communities are 

integrated into the work of our department.

Sincerely,

Chief Lynn Malerba

Treasurer of the United States

Point of Contact for Tribal Consultation 

U.S. Department of the Treasury