U.S. DEPARTMENT OF THE TREASURY

TREASURY TRIBAL ADVISORY COMMITTEE

PUBLIC MEETING

MINUTES -June 20, 2019

The Treasury Tribal Advisory Committee (TTAC) conducted its first public meeting at 9:00 a.m. 

June 20, 2019 in the Cash Room at the U.S. Department of the Treasury, 1500 Pennsylvania 

Avenue NW, Washington, D.C.

In accordance with the provisions of Public Law 92-463, the meeting was open to the public 

from 9:00 a.m. to 4:30 p.m.

The following TTAC members were present:

TTAC

W. Ron Allen

Rebecca Benally

Sharon Edenfield

Lacey Horn

Patricia “Trish” King

Eugene Magnuson

Lynn Malerba

The following Treasury representatives were present:

Treasurer/Treasury

Jovita Carranza

Office of Tax Policy

Krishna Vallabhaneni, Designated Federal Officer (DFO) for Tribal Affairs and Tax Legislative 

Counsel

Kimberly Koch, Attorney-Advisory, Tax Legislative Policy

Michael Novey, Associate, Tax Legislative Policy

Office of Economic Policy

Michael Faulkender, Principal Deputy Assistant Secretary of Economic Policy

CDFI Fund

Clint Hastings, Senior Portfolio Manager

Internal Revenue Service

Christie Jacobs, Director, Indian Tribal Governments Office

Julie Hanlon-Bolton, Special Counsel, IT&A, Office of General Counsel, 

Victoria Judson, Associate Chief Counsel (EEE), Office of Chief Counsel

Janine Cook, Attorney, Office of Chief Counsel
Shareen Pflanz, Attorney, Office of Chief Counsel

Andy Megosh, Attorney, Office of Chief

Dave Rifkin, Attorney, Office of Chief Counsel

WELCOME AND INTRODUCTION

DFO Vallabhaneni called the meeting to order and introduced the Treasurer of the United States, 

Jovita Carranza, who provided welcoming remarks.

Treasurer Carranza discussed how Treasury meets its tribal affairs obligations, including the 

creation of the TTAC and tribal consultations. She also mentioned her role on the Advisory 

Committee of the CDFI Fund and the Office of Consumer Policy, which is under her leadership.

She mentioned the differences between the two activities and that other Treasury staff would be 

providing more information on the functions later in the meeting. She emphasized Treasury’s 

interest in learning more about the opportunities, promising practices and challenges facing 

Indian Country. The Treasurer thanked the TTAC members for their service and looked forward 

to working to improve economic opportunities for all 573 tribes. She then turned the meeting 

over to DFO Vallabhaneni.

OVERVIEW OF TREASURY TRIBAL ADVISORY COMMITTEE

DFO Vallabhaneni reviewed the TTAC’s origin and mission. The TTAC was created in 

response to the Tribal General Welfare and Exclusion Act of 2014, Public Law 113-168 (Sept. 

26, 2014), pursuant to the Section 3. The Act called on the Secretary to establish a the Treasury 

Tribal Advisory Committee and charged it with advising the Secretary on the taxation of Indian 

tribes, establishing training for IRS field agents and providing training and technical assistance to 

tribal financial officers. He mentioned the other tribal affairs functions and specified that the 

TTAC’s mission focuses on tax policy issues affecting Indian tribes. He provided an overview 

of his experience, his role as the Designated Federal Official (DFO) and responsibilities of the 

TTAC under the Federal Advisory Committee Act (FACA). He also reviewed the TTAC 

Charter. He then reviewed the agenda for the day and provided the process for providing public 

comments via email at tribal.consult@treasury.gov or via mail to Treasury Tribal Advisory 

Committee, Department of the Treasury, 1500 Pennsylvania Avenue NW, Room 1426G, 

Washington, DC 20220.

DFO Vallabhaneni then introduced the members of the TTAC to the public, and each TTAC 

member gave brief remarks on their background and their goals for the TTAC.

ELECTION OF OFFICERS

The TTAC held nominations for Chairperson and Vice Chairperson. Lacey Horn was nominated 

Chairperson by Ron Allen and seconded by Rebecca Benally with unanimous approval of the 

committee. Eugene Magnuson was nominated Vice Chairperson by Ron Allen and seconded by 

Rebecca Benally with unanimous approval of the committee. The leadership of the meeting was 

then turned over to the Chairperson. The Chairperson provided a tribal opening and welcoming 

remarks.
TREASURY TRIBAL ADVISORY COMMITTEE CHARTER REVIEW AND 

DISCUSSION OF TTAC’s MISSION AND PURPOSE

Chairperson Horn referred to DFO Vallabhaneni’s review of the TTAC Charter earlier. 

Discussion ensued regarding the mission and purpose of the TTAC Charter. Ron Allen motioned 

to amend the TTAC Charter in Section 2 to reflect language that would provide for an Unfunded 

Mandates Reform Act (UMRA), PL 104-4 exemption to the FACA rules. Rebecca Benally 

seconded the motion. Lynn Malerba emphasized having language for a FACA exemption 

follows the precedent other federal and tribal advisory committees operate under. The motion 

passed with unanimous consent of the committee. Charter amendments will be reviewed in the 

next TTAC meeting as appropriate. Ron Allen followed with discussion of expanding TTAC 

Charter duration from 2 years to ongoing to reduce administrative burden. Ron Allen motioned 

to seek TTAC Charter amendment to expand the TTAC Charter duration from 2 years to 4 years. 

Rebecca Benally seconded the motion. The motion passed with unanimous consent of the 

committee. In general, members emphasized that:

The mission of the GWE, and therefore the TTAC, is broader than tax policy. The TTAC sees 

its mission as tax policy issues as they relate to economic development and want to broaden the 

scope of the TTAC Charter.

Dual taxation is a priority issue, and the TTAC will provide understanding and solutions to the 

Secretary and Treasury that can promote economic development in Indian Country. These can 

include legislative fixes to remove barriers to economic opportunities.

There are many areas (NMTC, LIHTC, Opportunity Zones, etc.) where tribes should have fair 

access to these tax incentives.

Treasury should recognize its obligation to engage with tribes on tax policy issues and followthrough on trust responsibilities to tribal governments. 

BY-LAWS

Chairperson Horn stated that by-laws for the TTAC are under development. Other members 

requested that they be available by September for adoption and that experts from the Native 

American Financial Officers’ Association (NAFOA) and National Congress for American 

Indians (NCAI) assist in the development of by-laws. Lynn Malerba made a motion to defer the 

adoption of by-laws to the September meeting and Rebecca Benally seconded. The motion 

passed unanimously.

Chairperson Horn turned the meeting over to DFO Vallabhaneni, who introduced Michael 

Faulkender, Principal Deputy Assistant Secretary for Economic Policy and the Point of Contact 

for Tribal Consultations.

DISCUSSION OF THE ROLE OF THE POINT OF CONTACT FOR TRIBAL 

CONSULTATIONS (POCTC) 

Mr. Faulkender confirmed the importance and reiterated Treasury’s respect for the governmentto-government relationship between tribal governments and the Federal government.

He explained the role of tribal consultations in this relationship and how they inform Treasury’s 

work regarding tribal affairs. He emphasized the distinct but complimentary roles consultations 
and the TTAC have in Treasury’s tribal affairs and how they are used to craft sound economic 

policy. He also provided an overview of recent developments in tax policy affecting tribes, 

including Opportunity Zone guidance, Tribal Economic Development Bonds and the work of the 

IRS, Office of Tax Policy, General Counsel, Office of the Comptroller of the Currency and CDFI 

Fund and his role in the White House Tribal Affairs Committee all work to enhance economic 

opportunity in Indian Country.

The TTAC members then asked Mr. Faulkender questions regarding his role, how Treasury 

works with Congress on economic development issues, and mentioned specific opportunities for 

improving economic opportunity in Indian Country. The TTAC and Treasury staff engaged in 

clarifying discussion around these issues, including Opportunity Zones, tax credits, dual taxation, 

tribally-owned businesses and the challenge of economic development with tax policy 

uncertainty. 

Mr. Faulkender thanked the TTAC for their commitment to resolving economic opportunity 

issues, reaffirmed that consultation extends beyond tax policy, and mentioned that consultations 

will be shared more broadly, including with the White House Tribal Affairs Committee.

The meeting was turned over to Chairperson Horn, who called a recess for lunch.

The meeting reconvened at 12:34 p.m.

IDENTIFICATION OF TTAC PRIORITIES

An overview of the TTAC priorities* were provided by TTAC members and discussion on each 

priority ensued. The priorities identified include:

• Dual Taxation Parity –Rebecca Benally

• Opportunity Zones –Chairperson Lacey Horn

• Kiddie Tax –Sharon Edenfield

• General Welfare Exclusion –W. Ron Allen

• Tribal Pensions –Vice Chairperson Eugene Magnuson

• Tax Extenders–Lynn Malerba

- Indian Employment Tax Credit

- New Markets Tax Credit

- Renewable Energy Tax Credit

- Indian Country Coal Production Tax Credit

• Tax–Exempt Development Bonds

• Tribally-Chartered Corporations and Businesses

• Listing of Other Issues Received from National Organizations and Tribal Nations-Trish 

King Low Income Housing Tax Credits

- Modernizing CRA

- Indian Community and Economic Development Act

- Income required to be reported on 1099 (GWE)

- Waiver of Securities Registration

- Bankruptcy

- Tribal Social Security
PROCESS, DELIVERABLES, COMMUNICATIONS AND ACCOUNTABILITY

The TTAC determined that they will need to develop a matrix of issues that includes potential 

solutions, the path for the solution (legislative, administrative, education, etc.). NAFOA will 

work with the TTAC to develop this matrix.

The TTAC will explore the possibility of producing press releases to keep people informed of 

their activity and progress.

The TTAC will develop a PowerPoint presentation that can be used to communicate to the public 

regarding their purpose, activities and progress.

Treasury should establish a website for TTAC.

By-laws should include a means of directly advising the Secretary as well as how TTAC will 

interact and coordinate with IRS’ Advisory Committee.

SUBCOMMITTEES

The TTAC will be adopting the following subcommittees and incorporate these standing 

subcommittees into the by-laws:

• General Welfare Exclusion

• Dual Taxation

• Pensions

Other subcommittees were suggested:

• Audit Policy and Enforcement

• Indian Self-Determination and External Communications

• Tribal Tax and Economic Development Policy

NATIVE AMERICAN FINANCIAL OFFICERS’ ASSOCIATION’S (NAFOA) ROLE 

AND TECHNICAL SUPPORT FOR TTAC

Because of the work NAFOA does in coordinating on financial issues with tribes nationally and 

regionally, it was suggested that NAFOA would be a good coordinating agency to work with the 

TTAC. The TTAC would like to explore the possibility of contracting with NAFOA on a formal 

basis to provide services such as technical advice, coordinating meetings, and subcommittee

work and travel arrangements. This agreement would include financial support for their work. 

Treasury will look into the suggestion.

FUTURE MEETINGS/DATES

The TTAC would like to hold three meetings a year. These could potentially include electronic 

meetings. The meetings would be held within a fiscal year. The TTAC has the following future 

dates, subject to change:

• September 17, 18 or 19

• December 1, 2, or 3

• March 24, 25, 26 – 2020
• September 14, 15, 16 - 2020

PUBLIC COMMENTS

Public Comments from the following tribes or organizations received were summarized:

• Chumash Tribe

• National Center for American Indian Economic Development

CLOSING BUSINESS

Tribal members, Treasury and IRS staff thanked each other and the audience for participating in 

the meeting.

Reaffirmed the following objectives to be underway by next meeting:

• Request TTAC Charter FACA exemption and extending the term of the Charter from two 

years to four years

• Finalize the draft by-laws

• Create working documents, including matrix of priority issues

The Chairperson urged the participants to work together for the long-term, as some of the 

proposed solutions require legislative action.

Meeting adjourned at 4:13 p.m.

*Note: TTAC provided an overview on priority issues based on NAFOA’s policy summary of 

the issues. These were provided to the members and participants and are included as part of the 

Public Meeting record.