71816 Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Notices 

Fletcher & Sippel LLC, 29 North Wacker 

Drive, Suite 920, Chicago, IL. 60606. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

Board decisions and notices are 

available on our Web site at 

‘‘WWW.STB.DOT.GOV.’’ 

Decided: November 26, 2014. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Brendetta S. Jones, 

Clearance Clerk. 

[FR Doc. 2014–28410 Filed 12–2–14; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Tribal Consultation Policy 

AGENCY: Department of the Treasury. 

ACTION: Notice of Interim Tribal Policy. 

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 

TRIBAL.CONSULT@treasury.gov. 

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 TRIBAL.CONSULT@

treasury.gov. 

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 selfgovernment, 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-togovernment 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-togovernment 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 


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Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Notices 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-togovernment 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 Tribal.Consult@

treasury.gov. 

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] 

BILLING CODE 4810–25–P 


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