I 

113TH CONGRESS 

1ST SESSION H. R. 1600 

To prescribe procedures for effective consultation and coordination by Federal 

agencies with federally recognized Indian tribes regarding Federal Government activities that impact tribal lands and interests to ensure that 

meaningful tribal input is an integral part of the Federal decisionmaking 

process. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 17, 2013 

Mr. GRIJALVA introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To prescribe procedures for effective consultation and coordination by Federal agencies with federally recognized Indian tribes regarding Federal Government activities that 

impact tribal lands and interests to ensure that meaningful tribal input is an integral part of the Federal decisionmaking process. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; FINDINGS; 

4 DECLARATION OF GOALS; DEFINITIONS. 

5 (a) SHORT TITLE.—This Act may be cited as the 

6 ‘‘Requirements, Expectations, and Standard Procedures 

mstockstill on DSK4VPTVN1PROD with BILLS

2 

•HR 1600 IH

1 for Executive Consultation with Tribes Act’’ or the ‘‘RE2 SPECT Act’’. 

3 (b) TABLE OF CONTENTS.—The table of contents of 

4 this Act is as follows: 

Sec. 1. Short title; table of contents; findings; declaration of goals; definitions. 

TITLE I—SENSE OF CONGRESS 

Sec. 101. Sense of Congress. 

TITLE II—CONSULTATION PROCEDURE 

Sec. 201. Requirement for consultation. 

Sec. 202. Timing. 

Sec. 203. Scoping stage consultation. 

Sec. 204. Decision stage procedures. 

Sec. 205. Documentation and reporting. 

Sec. 206. Implementation. 

Sec. 207. Sensitive tribal information. 

TITLE III—TRIBAL SOVEREIGNTY 

Sec. 301. Tribal sovereignty. 

TITLE IV—INDIAN TRIBAL WAIVERS 

Sec. 401. Indian tribal waivers. 

TITLE V—JUDICIAL REVIEW 

Sec. 501. Judicial review. 

5 (c) FINDINGS.—Congress finds that— 

6 (1) the United States has a unique, legally af7 firmed government-to-government relationship with 

8 Indian tribal governments as set forth in the Con9 stitution of the United States, treaties, statutes, Ex10 ecutive orders, and court decisions; 

11 (2) the United States recognizes the right of In12 dian tribes to self-government and supports tribal 

13 sovereignty and self-determination; 

mstockstill on DSK4VPTVN1PROD with BILLS

3 

•HR 1600 IH

1 (3) the United States has enacted numerous 

2 statutes and promulgated numerous regulations that 

3 establish and define a trust relationship with Indian 

4 tribes; 

5 (4) the United States has a responsibility to 

6 consult with Indian tribes on a government-to-gov7 ernment basis when formulating policies and under8 taking activities that will have impacts on tribal 

9 lands and interests; 

10 (5) procedures for such consultation should be 

11 designed and structured to give Indian tribes oppor12 tunities to provide meaningful, informed input 

13 throughout the development and decisionmaking 

14 processes; 

15 (6) building institutional knowledge and capac16 ity for effective consultation fosters greater effi17 ciency and benefits for future projects; 

18 (7) the consultation process should be institu19 tionalized according to best practices that are de20 signed and administered by the agency and that ful21 fill the legal requirements mandated by this Act; 

22 (8) consulting with Indian tribes during the for23 mulation of long-term management plans reduces 

24 the likelihood of project delays and increases the ef25 ficiency of project implementations; and 

mstockstill on DSK4VPTVN1PROD with BILLS

4 

•HR 1600 IH

1 (9) effective consultation demands ongoing, re2 spectful communication between agencies and Indian 

3 tribes. 

4 (d) DECLARATION OF GOALS.—The goals of this Act 

5 are— 

6 (1) to establish and support a process of reg7 ular, meaningful consultation and collaboration with 

8 Indian tribes in the development of Federal policies 

9 and the initiation of Federal activities that impact 

10 tribal lands and interests; 

11 (2) to strengthen the United States govern12 ment-to-government relationships with Indian tribes; 

13 (3) to establish minimum standard procedures 

14 to ensure the above goals are achieved; and 

15 (4) to recognize tribal regulatory authority and 

16 jurisdiction generally, and specifically through the 

17 waiver process. 

18 (e) DEFINITIONS.—For the purposes of this Act: 

19 (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

20 means an Indian or Alaska Native tribe, band, na21 tion, pueblo, village, or community that the Sec22 retary of the Interior acknowledges to exist as an In23 dian tribe pursuant to the Federally Recognized In24 dian Tribe List Act of 1994 (25 U.S.C. 479a), inmstockstill on DSK4VPTVN1PROD with BILLS

5 

•HR 1600 IH

1 cluding all tribes that have been added to the list 

2 since the Act became law. 

3 (2) AGENCY.—The term ‘‘agency’’ means any 

4 authority of the United States that is an ‘‘agency’’ 

5 under section 3502(1) of title 44, United States 

6 Code. 

7 (3) ACTIVITY.—The term ‘‘activity’’ means a 

8 project, program, policy or other action including, 

9 infrastructure projects, regulations, program com10 ments by Federal entities, and agency-drafted pro11 posed legislation, that is funded in whole or in part 

12 under the direct or indirect jurisdiction of an agen13 cy, including those carried out by or on behalf of an 

14 agency; those carried out with Federal financial as15 sistance; or those requiring a Federal permit, li16 cense, or approval. 

17 (4) SACRED SITE.—The term ‘‘sacred site’’ 

18 means any specific, discrete, narrowly delineated lo19 cation on Federal land that is identified by an In20 dian tribe— 

21 (A) as sacred by virtue of its established 

22 religious significance to, or ceremonial use by, 

23 an Indian religion; or 

24 (B) to be of established cultural signifi25 cance. 

mstockstill on DSK4VPTVN1PROD with BILLS

6 

•HR 1600 IH

1 (5) MEMORANDUM OF AGREEMENT.—The term 

2 ‘‘memorandum of agreement’’ means a document 

3 that records the terms and conditions agreed upon 

4 by an agency and an Indian tribe through the con5 sultation process regarding an activity, including any 

6 measures to be taken to resolve or mitigate adverse 

7 impacts on the Indian tribe. 

8 (6) NEW DISCOVERY.—The term ‘‘new dis9 covery’’ means any unexpected development that oc10 curs during the course of an activity, such as the 

11 discovery of a new archeological site, unanticipated 

12 impacts on organisms or ecosystems, or the realiza13 tion of unintended consequences of a new regulation, 

14 that may have impacts on tribal lands and interests. 

15 (7) STANDARD PROCESS.—The term ‘‘standard 

16 process’’ means a streamlined process for agency-In17 dian tribe interaction agreed to by both parties 

18 through consultation and certified in a memorandum 

19 of agreement that applies to certain specified activi20 ties or limited categories of activities. 

21 TITLE I—SENSE OF CONGRESS 

22 SEC. 101. SENSE OF CONGRESS. 

23 It is the sense of Congress that consultation con24 stitutes more than simply notifying an Indian tribe about 

25 a planned undertaking. Consultation entails a process of 

mstockstill on DSK4VPTVN1PROD with BILLS

7 

•HR 1600 IH

1 open, ongoing communication, interaction and coordina2 tion that may include written correspondence, meetings, 

3 telephone conferences, site visits, e-mails, on-line informa4 tion sharing, consensual mechanisms for developing regu5 lations including negotiated rulemaking, and more. Con6 sultation means the process of seeking, discussing, and 

7 considering the views of other participants, and, where 

8 feasible, seeking agreement with them regarding proposed 

9 activities and other matters. Mutual understanding and 

10 respect is the basis of effective, meaningful consultation. 

11 Effective, meaningful consultation requires a two-way ex12 change of information, a willingness to listen, an attempt 

13 to understand and genuinely consider each other’s opin14 ions, beliefs, and desired outcomes, and a seeking of agree15 ment on how to proceed concerning the issues at hand. 

16 Effective, meaningful consultation does not guarantee 

17 such agreement, but at a minimum contributes to the 

18 building of relationships based on mutual respect and un19 derstanding. Consultation can be considered effective and 

20 meaningful when each party demonstrates a genuine com21 mitment to learn, acknowledge and respect the positions, 

22 perspectives, and concerns of the other parties. Ultimately, 

23 effective, meaningful consultation means collaboration. 

mstockstill on DSK4VPTVN1PROD with BILLS

8 

•HR 1600 IH

1 TITLE II—CONSULTATION 

2 PROCEDURE 

3 SEC. 201. REQUIREMENT FOR CONSULTATION. 

4 (a) SCOPE.—Agencies shall have an accountable 

5 process to ensure meaningful and timely input by Indian 

6 tribes and tribal officials prior to undertaking any activity 

7 that may have substantial direct impacts on the lands or 

8 interests of one or more Indian tribes, on the relationship 

9 between the Federal Government and Indian tribes, or on 

10 the distribution of power and responsibilities between the 

11 Federal Government and Indian tribes. Consultation with 

12 Indian tribes shall occur for all activities that would affect 

13 any part of any Federal land that shares a border with 

14 Indian country as defined in section 1151 of title 18, 

15 United States Code, but is not limited to activities on such 

16 lands. 

17 (b) MULTI-AGENCY ACTIVITIES.—In the case of 

18 agency-drafted proposed legislation, the drafting agency, 

19 and any other agency that will be implementing the legis20 lation, shall each be considered involved in the activity. 

21 If more than one agency is involved in an activity, some 

22 or all of the agencies may designate a lead agency, which 

23 shall fulfill their collective consultation responsibilities. 

24 Those agencies that do not designate a lead agency shall 

mstockstill on DSK4VPTVN1PROD with BILLS

9 

•HR 1600 IH

1 remain individually responsible for their consultation re2 sponsibilities under this Act. 

3 (c) LIMITATION.—Nothing in this Act shall exempt 

4 an agency from additional consultation required under any 

5 other law or from taking any other consultative actions 

6 as required by any other law or agency prerogative in addi7 tion to those required by this Act. Nor does it preclude 

8 an agency from additional consultation that complies with 

9 agency regulations for consultation, advances agency con10 sultation practices, or supports agency efforts to build or 

11 strengthen government-to-government relationships with 

12 Indian tribes. The requirements of this Act supplement, 

13 but do not replace, other consultation requirements such 

14 as the Federal Energy Regulatory Commission regulations 

15 for license applicants. 

16 SEC. 202. TIMING. 

17 Consultation as described in sections 203 and 204 

18 shall be completed prior to the expenditure of any Federal 

19 funds on the activity or prior to the issuance of any license 

20 other than for funding nondestructive project planning ac21 tivities provided that such actions do not restrict the sub22 sequent consideration of alternatives to avoid, minimize, 

23 or mitigate the activity’s adverse tribal impacts. 

mstockstill on DSK4VPTVN1PROD with BILLS

10 

•HR 1600 IH

1 SEC. 203. SCOPING STAGE CONSULTATION. 

2 (a) PLANNING DOCUMENT.—As early as possible in 

3 the planning stage of an activity, the agency shall compile 

4 a draft of the scope of the project, including any geo5 graphic areas important to Indian tribes that might be 

6 affected and any other anticipated tribal impacts. The 

7 agency shall make a good faith effort to include areas that 

8 might reasonably be expected to contain sites important 

9 to Indian tribes whether or not such sites are explicitly 

10 known to the agency. 

11 (b) TRIBAL CONSULTATION PARTNERS.—The agency 

12 shall consult with all Indian tribes that may be impacted 

13 by an activity. When appropriate, the agency shall consult 

14 with regional and national tribal organizations such as the 

15 National Congress of American Indians, the National 

16 Tribal Environmental Council, the Native American Fish 

17 and Wildlife Society, the United South and Eastern 

18 Tribes, the National Association of Tribal Historic Preser19 vation Officers, the Michigan Anishinaabek Cultural Pres20 ervation and Repatriation Alliance, and the Affiliated 

21 Tribes of Northwest Indians, to determine which Indian 

22 tribes may be affected by the activity. Under no cir23 cumstance shall the agency treat consultation with inter24 tribal organizations as a substitute for consultation with 

25 each affected Indian tribe, unless the Indian tribes com26 prising such an organization agree that consultation 

mstockstill on DSK4VPTVN1PROD with BILLS

11 

•HR 1600 IH

1 should proceed through the intertribal organization. The 

2 agency shall remain responsible for its consultation re3 sponsibilities under this Act to any affected Indian tribes 

4 not participating in such an agreement. Other resources 

5 for identifying Indian tribes that need to be consulted in6 clude officials, such as cultural resource specialists, from 

7 other agencies who have consulted with Indian tribes in 

8 the region in the past, ethnographies, local histories, local 

9 university experts, oral accounts, the National Park Serv10 ice’s Native American Consultation Database, MAPS: GIS 

11 Windows on Native Lands, Current Places, and History, 

12 and the Library of Congress Indian Land Cessions docu13 ment Web site. 

14 (c) INITIAL CONTACT WITH CONSULTATION PART15 NERS.—The agency— 

16 (1) shall send, via United States mail and e17 mail, if possible, a copy of the planning document 

18 and a letter requesting consultation meetings to the 

19 relevant tribal government officials including the 

20 tribal leader and all members of any elected tribal 

21 governing body, such as a tribal council, relevant 

22 tribal governmental agencies, including the Tribal 

23 Historic Preservation Officer or cultural resource 

24 manager, and relevant non-tribal stakeholders, such 

25 as the State Historic Preservation Officer and local 

mstockstill on DSK4VPTVN1PROD with BILLS

12 

•HR 1600 IH

1 governments that have jurisdiction on any affected 

2 land via agreement with the agency; 

3 (2) at the request of the Indian tribe, shall 

4 send, via United States mail and e-mail, if possible, 

5 a copy of the planning document and a letter re6 questing consultation meetings to nongovernmental 

7 tribal stakeholders, such as elders councils and reli8 gious leaders; 

9 (3) shall not request consultation with non10 governmental tribal stakeholders without the written 

11 consent of the Indian tribe; and 

12 (4) shall follow-up with phone calls to confirm 

13 receipt of the documents by all recipients. 

14 (d) CONSULTATION MEETING ARRANGEMENTS.— 

15 The agency shall negotiate with stakeholder representa16 tives to determine the time, place, agenda, travel funds, 

17 facilitator, format, and goals of a consultation meeting. 

18 The agency shall make a good faith effort to engage in 

19 consultation, keeping thorough documentation of all steps 

20 taken to contact and engage the Indian tribe in consulta21 tion. If, after a good faith effort, the agency fails to en22 gage the Indian tribal government, it may terminate its 

23 scoping stage consultation efforts by providing all con24 sultation partners with a written notification and expla25 nation for its decision, signed by the head of the agency, 

mstockstill on DSK4VPTVN1PROD with BILLS

13 

•HR 1600 IH

1 and proceed to the decision stage procedures described in 

2 section 204. 

3 (e) CONSULTATION MEETING FORMAT.—A consulta4 tion meeting shall begin with confirmation of the format, 

5 facilitator, and agenda, with adequate time scheduled for 

6 introductions and for interaction throughout the meeting 

7 among participants. Whenever possible, tribal stake8 holders shall be brought into the ongoing planning process 

9 directly by forming ad hoc workgroups including tribal 

10 leaders or their designees and, if appropriate, initiating 

11 a process for consensual development of regulations, such 

12 as negotiated rulemaking. The meeting shall conclude with 

13 planning for the next meeting, if necessary. 

14 (f) TERMINATION OF SCOPING STAGE CONSULTA15 TION WITH A MEMORANDUM OF AGREEMENT.— 

16 (1) TERMINATION.—Scoping stage consultation 

17 shall terminate upon the execution of a memo18 randum of agreement signed by the head of the 

19 agency and the Indian tribal government. 

20 (2) SIGNATORIES.—The Indian tribal govern21 ment and the agency may jointly invite additional 

22 parties to be signatories of the memorandum of 

23 agreement. The signatories have sole authority to 

24 execute, amend, or terminate the memorandum of 

25 agreement. If any signatory determines that the 

mstockstill on DSK4VPTVN1PROD with BILLS

14 

•HR 1600 IH

1 terms of the memorandum of agreement cannot be 

2 or are not being carried out, the signatories shall 

3 consult to seek amendment of the memorandum of 

4 agreement. If the memorandum of agreement is not 

5 amended, any signatory may terminate the agree6 ment, with the option to return to scoping stage con7 sultation. The agency shall provide all non-signatory 

8 consulting partners with the opportunity to submit 

9 a written statement, explanation, or comment on the 

10 consultation proceedings that shall become part of 

11 the agency’s official consultation record. 

12 (3) MOA.—The memorandum of agreement— 

13 (A) may address multiple activities if the 

14 activities are similar and repetitive or are multi15 State or regional in scope, or where routine 

16 management activities are undertaken at Fed17 eral installations, facilities, or other land man18 agement units; 

19 (B) may establish standard processes for 

20 certain categories of activities determined 

21 through consultation and defined in the memo22 randum of agreement; 

23 (C) shall include a provision for monitoring 

24 and reporting on its implementation; 

mstockstill on DSK4VPTVN1PROD with BILLS

15 

•HR 1600 IH

1 (D) shall include provisions for termination 

2 or reconsideration if the activity has not been 

3 completed within a specified time; and 

4 (E) shall include provisions to address new 

5 discoveries, which may include halting the activ6 ity and returning to scoping stage consultation. 

7 (g) TERMINATION OF SCOPING STAGE CONSULTA8 TION WITHOUT A MEMORANDUM OF AGREEMENT.—The 

9 agency shall make a good faith effort through sustained 

10 interaction and collaboration to reach a consensus result11 ing in a memorandum of agreement. If, after a good faith 

12 effort, the agency determines that further consultation will 

13 not be productive, it may terminate consultation by pro14 viding all consultation partners with a written notification 

15 and explanation for its decision, signed by the head of the 

16 agency, and proceed to the decision stage procedures de17 scribed in section 204. The Indian tribal government may 

18 at any point decide to terminate consultation. In such 

19 case, the agency shall provide the Indian tribal govern20 ment with the opportunity to submit a written statement, 

21 explanation, or comment on the consultation proceedings 

22 that will become part of the agency’s official consultation 

23 record. Any nongovernmental consultation partners may 

24 decide to withdraw from consultation at any time. In such 

25 case, the agency shall provide the withdrawing nongovernmstockstill on DSK4VPTVN1PROD with BILLS

16 

•HR 1600 IH

1 mental consultation partner with the opportunity to sub2 mit a written statement, explanation, or comment on the 

3 consultation proceedings that will become part of the 

4 agency’s official consultation record. 

5 SEC. 204. DECISION STAGE PROCEDURES. 

6 (a) PROPOSAL DOCUMENT.—The agency shall com7 pile a document consisting of the plan for the activity, its 

8 anticipated tribal impacts, any memorandum of agree9 ment, and any written statements made by consulting 

10 partners during the scoping stage as described in section 

11 203. The agency shall include sufficient supporting docu12 mentation to the extent permitted by law and within avail13 able funds to enable any reviewing parties to understand 

14 its basis. The agency may use documentation prepared to 

15 comply with other laws to fulfill the requirements of this 

16 provision to the extent that such documentation is suffi17 ciently pertinent to and focused on the relevant issues as 

18 to allow reasonable ease of review. The agency shall mail 

19 and e-mail, if possible, a copy of the Proposal Document 

20 to all consultation partners, including any who withdrew 

21 from the process. At a minimum, the document shall go 

22 to the tribal leader and all members of any elected tribal 

23 governing body. The agency shall follow up with phone 

24 calls to confirm receipt of the document. After these steps 

25 have been completed, the Proposal Document shall be pubmstockstill on DSK4VPTVN1PROD with BILLS

17 

•HR 1600 IH

1 lished in the Federal Register, subject to the provisions 

2 of section 207. 

3 (b) PUBLIC COMMENT PERIOD.—The agency shall 

4 provide a period of not less than 90 days after publication 

5 in the Federal Register for comments on the Proposal 

6 Document. A 30-day extension shall be granted upon re7 quest by any member of the Indian tribe. 

8 (c) PRELIMINARY DECISION.—After expiration of the 

9 comment period, the agency shall prepare a preliminary 

10 decision letter, signed by the head of the agency. The let11 ter shall state the decision to proceed or not proceed with 

12 the activity, the decision’s rationale, any changes in the 

13 proposal made in response to comments, and any points 

14 where the decision conflicts with the expressed requests 

15 of any of the consultation partners. It shall particularly 

16 address why the decision was made to disregard any such 

17 requests. The agency shall mail and e-mail, if possible, a 

18 copy of the letter to all consultation partners, including 

19 any who withdrew from the process. At a minimum, the 

20 letter shall go to the tribal leader and all members of the 

21 tribal governing body. The agency shall follow up with 

22 phone calls to confirm receipt of the letter. 

23 (d) FINAL DECISION.—The agency shall provide a 

24 60-day period following the issuance of the preliminary de25 cision letter for response by the consultation partners. 

mstockstill on DSK4VPTVN1PROD with BILLS

18 

•HR 1600 IH

1 Thereafter, the agency shall notify in writing, signed by 

2 the head of the agency, the consultation partners, includ3 ing any who withdrew from the process, of the agency’s 

4 final decision. 

5 SEC. 205. DOCUMENTATION AND REPORTING. 

6 (a) OFFICIAL CONSULTATION RECORD.—The agency 

7 shall keep an official consultation record that allows accu8 rate tracking of the process so that agencies and con9 sulting parties can correct any errors or omissions, and 

10 provides an official record of the process that can be re11 ferred to in any litigation that may arise. The agency shall 

12 document all efforts to initiate consultation as well as doc13 umenting the process once it has begun. Such documenta14 tion, including, but not limited to, correspondence, tele15 phone logs, and e-mails, shall be included in the agency’s 

16 official consultation record. The agency shall also keep 

17 notes so that the consultation record documents the con18 tent of consultation meetings, site visits, and phone calls 

19 in addition to information about dates and who partici20 pated. 

21 (b) PAYMENT FOR TRIBAL DOCUMENTATION

22 WORK.—If the agency asks an Indian tribe for specific 

23 information or documentation regarding the location, na24 ture, and condition of individual sites, to conduct a survey, 

25 or in any way fulfill the duties of the agency in a role 

mstockstill on DSK4VPTVN1PROD with BILLS

19 

•HR 1600 IH

1 similar to that of a consultant or contractor, then the 

2 agency must pay for such services, if so requested by the 

3 Indian tribe, as it would for any private consultant or con4 tractor. 

5 (c) REPORT TO CONGRESS.—Each agency shall on a 

6 biennial basis submit to Congress a report on its consulta7 tion activities. 

8 SEC. 206. IMPLEMENTATION. 

9 Not later than 30 days after the date of the enact10 ment of this Act, the head of each agency shall designate 

11 an official with principal responsibility for the agency’s re12 view of existing consultation and coordination policies and 

13 procedures, and implementation of this Act. Not later than 

14 60 days after the effective date of this order, the des15 ignated official shall submit to the Office of Management 

16 and Budget a description of the agency’s revised consulta17 tion process in conformity with this Act. 

18 SEC. 207. SENSITIVE TRIBAL INFORMATION. 

19 Notwithstanding any provision of the Administrative 

20 Procedures Act, consultation meetings shall be closed to 

21 the public at the request of the Indian tribal government. 

22 Notwithstanding any provision of the Freedom of Infor23 mation Act, all information designated by the Indian tribe 

24 as sensitive, such as the location of Sacred Sites or other 

25 details of cultural or religious practices, shall be deleted 

mstockstill on DSK4VPTVN1PROD with BILLS

20 

•HR 1600 IH

1 from any public publication made as part of the consulta2 tion process or in the process of carrying out the activity. 

3 Once information has been designated as sensitive, the 

4 agency will determine in consultation with the Indian tribe 

5 who may have access to the information for the purposes 

6 of carrying out the activity. 

7 TITLE III—TRIBAL 

8 SOVEREIGNTY 

9 SEC. 301. TRIBAL SOVEREIGNTY. 

10 (a) IN GENERAL.—Agencies shall recognize and re11 spect Indian tribal self-government and sovereignty, honor 

12 tribal treaty and other rights, and strive to meet the re13 sponsibilities that arise from the unique legal relationship 

14 between the Federal Government and Indian tribal gov15 ernments. 

16 (b) MAXIMUM TRIBAL ADMINISTRATIVE DISCRE17 TION.—With respect to Federal statutes and regulations 

18 administered by Indian tribal governments, the Federal 

19 Government shall grant Indian tribal governments the 

20 maximum administrative discretion possible. 

21 (c) ALTERNATIVES TO FEDERAL REGULATION.— 

22 When undertaking to formulate and implement policies 

23 that have tribal implications, agencies shall— 

24 (1) encourage Indian tribes to develop their own 

25 policies to achieve program objectives; 

mstockstill on DSK4VPTVN1PROD with BILLS

21 

•HR 1600 IH

1 (2) where possible, defer to Indian tribes to es2 tablish standards; and 

3 (3) in determining whether to establish Federal 

4 standards, consult with tribal officials as to the need 

5 for Federal standards and any alternatives that 

6 would limit the scope of Federal standards or other7 wise preserve the prerogatives and authority of In8 dian tribes. 

9 TITLE IV—INDIAN TRIBAL 

10 WAIVERS 

11 SEC. 401. INDIAN TRIBAL WAIVERS. 

12 (a) APPLICATION PROCESSES.—Agencies shall review 

13 the processes under which Indian tribes apply for waivers 

14 of statutory and regulatory requirements and take appro15 priate steps to streamline those processes. 

16 (b) GRANTING MAXIMUM TRIBAL LATITUDE.—Each 

17 agency shall, to the extent practicable and permitted by 

18 law, consider any application by an Indian tribe for a waiv19 er of statutory or regulatory requirements in connection 

20 with any program administered by the agency with a gen21 eral view toward increasing opportunities for utilizing 

22 flexible policy approaches at the Indian tribal level. Max23 imum tribal latitude shall be granted in cases in which 

24 the proposed waiver is consistent with the applicable Fed25 eral policy objectives and is otherwise appropriate. 

mstockstill on DSK4VPTVN1PROD with BILLS

22 

•HR 1600 IH

1 (c) DECISION TIME LINE.—Each agency shall, to the 

2 extent practicable and permitted by law, render a decision 

3 upon a complete application for a waiver within 120 days 

4 of receipt of such application by the agency, or as other5 wise provided by law or regulation. If the application for 

6 waiver is not granted, the agency shall provide the appli7 cant with timely written notice of the decision and the rea8 sons therefor. 

9 (d) LIMITATION.—This section applies only to statu10 tory or regulatory requirements that are discretionary and 

11 subject to waiver by the agency. 

12 TITLE V—JUDICIAL REVIEW 

13 SEC. 501. JUDICIAL REVIEW. 

14 An Indian tribe alleging that the requirements of this 

15 Act have not been met may bring a civil action in a United 

16 States district court. Immediately upon, or anytime after, 

17 the filing of such a suit, the court may restrain the agency 

18 from any further action in furtherance of the activity until 

19 such time as the court determines that the requirements 

20 of this Act have been met. The agency shall be liable for 

21 any damages that the court may award to compensate the 

22 Indian tribe for adverse impacts resulting from an activity 

23 conducted without consultation fulfilling the provisions of 

24 this Act. 

Æ 

mstockstill on DSK4VPTVN1PROD with BILLS