I 

117TH CONGRESS 

1ST SESSION H. R. 3587 

To prescribe procedures for effective consultation and coordination by Federal 

agencies with federally recognized Tribal Governments regarding Federal 

Government actions 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 

MAY 28, 2021 

Mr. GRIJALVA (for himself, Ms. LEGER FERNANDEZ, Mr. HUFFMAN, Mrs. 

NAPOLITANO, Mr. COHEN, Ms. TLAIB, Mr. SOTO, Mr. GARCI ́A of Illinois, 

and Mr. LOWENTHAL) introduced the following bill; which was referred 

to the Committee on the Judiciary, and in addition to the Committee on 

Natural Resources, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To prescribe procedures for effective consultation and coordination by Federal agencies with federally recognized 

Tribal Governments regarding Federal Government actions that impact Tribal lands and interests to ensure 

that meaningful Tribal input is an integral part of the 

Federal decision-making process. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 ‘‘Requirements, Expectations, and Standard Procedures 

4 for Effective Consultation with Tribes Act’’ or the ‘‘RE5 SPECT Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Findings and purposes. 

Sec. 4. Sense of Congress. 

Sec. 5. Definitions. 

TITLE I—STANDARDS FOR CONSULTATION 

Sec. 101. Standards for consultation. 

TITLE II—CONSULTATION PROCEDURES 

Sec. 201. Assessing Tribal impacts. 

Sec. 202. Consultation stage. 

Sec. 203. Decision stage for proposed activity. 

Sec. 204. Decision stage for proposed regulatory action. 

TITLE III—DOCUMENTATION AND REPORTING 

Sec. 301. Documentation and reporting. 

TITLE IV—IMPLEMENTATION AND TRAINING 

Sec. 401. Designated agency official. 

Sec. 402. Consultation policy. 

Sec. 403. Training. 

TITLE V—TRIBAL SOVEREIGNTY 

Sec. 501. Tribal sovereignty. 

Sec. 502. Sensitive Tribal information. 

TITLE VI—JUDICIAL REVIEW 

Sec. 601. Judicial review. 

8 SEC. 3. FINDINGS AND PURPOSES. 

9 (a) FINDINGS.—Congress finds that— 


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1 (1) the United States has a unique, legally af2 firmed government-to-government relationship with 

3 Tribal Governments, as set forth in the Constitution 

4 of the United States, treaties, statutes, Executive or5 ders, and court decisions; 

6 (2) the United States recognizes the right of 

7 Tribal Governments to self-govern and supports 

8 Tribal sovereignty and self-determination; 

9 (3) the United States, through treaties, stat10 utes, and historical relations, has defined a unique 

11 trust relationship and responsibility to protect and 

12 support Tribal Governments; 

13 (4) owing to this trust relationship, the United 

14 States has a responsibility to consult with Tribal 

15 Governments on a government-to-government basis 

16 when formulating policies and undertaking activities 

17 that may have impacts on Tribal lands and interests; 

18 (5) procedures for such consultation should be 

19 designed and structured to give Tribal Governments 

20 the opportunity to provide meaningful, informed 

21 input throughout the development and decision-mak22 ing processes; 

23 (6) increasing Federal and Tribal capacities for 

24 effective consultation while building institutional 


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1 knowledge fosters greater efficiency and will benefit 

2 future actions; 

3 (7) the consultation process should be formal4 ized according to best practices that are designed 

5 and administered by the agency and that fulfill the 

6 legal requirements mandated by this Act; 

7 (8) consulting with Tribal Governments during 

8 the formulation of long-term management plans re9 duces the likelihood of project delays and increases 

10 the efficiency of project implementations; and 

11 (9) effective consultation demands ongoing, re12 spectful communication between agencies and Tribal 

13 Governments. 

14 (b) PURPOSES.—The purposes of this Act are— 

15 (1) to establish and support a process of reg16 ular, meaningful consultation and collaboration with 

17 Tribal Governments in the initiation of Federal ac18 tivities and the development of Federal policies and 

19 regulations that impact Tribal lands and interests; 

20 (2) to strengthen the United States govern21 ment-to-government relationship with Tribal Govern22 ments; and 

23 (3) to establish minimum standard procedures 

24 to ensure the above goals are achieved. 


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1 SEC. 4. SENSE OF CONGRESS. 

2 It is the sense of Congress that— 

3 (1) consultation constitutes more than simply 

4 notifying an Tribal Government about a planned un5 dertaking; 

6 (2) effective, meaningful consultation requires a 

7 two-way exchange of information, a willingness to 

8 listen, an attempt to understand and to genuinely 

9 consider each other’s opinions, beliefs, and desired 

10 outcomes, and a seeking of agreement on how to 

11 proceed concerning the issues at hand; and 

12 (3) consultation can be considered effective and 

13 meaningful when each party demonstrates a genuine 

14 commitment to learn, acknowledge, and respect the 

15 positions, perspectives, and concerns of the other 

16 parties and when Federal agencies accommodate 

17 Tribal concerns to the extent feasible and consistent 

18 with applicable law. 

19 SEC. 5. DEFINITIONS. 

20 For the purposes of this Act: 

21 (1) ACTIVITY.—The term ‘‘activity’’ means any 

22 plan, project, or program funded in whole or in part 

23 under the direct or indirect jurisdiction of a Federal 

24 agency, including— 

25 (A) those carried out by or on behalf of an 

26 agency; 


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1 (B) those carried out with Federal finan2 cial assistance; 

3 (C) those requiring a Federal permit, li4 cense, or approval; and 

5 (D) those subject to state or local regula6 tion administered pursuant to a delegation or 

7 approval by a Federal agency. 

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

9 authority of the United States that is an agency 

10 under section 551 of title 5, United States Code. 

11 (3) LEAD AGENCY.—The term ‘‘lead agency’’ 

12 means a designated agency that will fulfill the collec13 tive consultation responsibilities under this Act if 

14 more than one agency is involved in an activity or 

15 regulatory action. Any agency that does not des16 ignate a lead agency shall remain individually re17 sponsible for the consultation responsibilities of that 

18 agency under this Act. 

19 (4) MEMORANDUM OF AGREEMENT.—The term 

20 ‘‘memorandum of agreement’’ means a document 

21 that records the terms and conditions agreed upon 

22 by an agency, or lead agency, and a Tribal Govern23 ment or designated Tribal Leader Task Force 

24 through the consultation process regarding an activ25 ity or regulatory action. 


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1 (5) NEW DISCOVERY.—The term ‘‘new dis2 covery’’ means any unexpected development that oc3 curs during the course of an activity, such as the 

4 discovery of a new archeological site, unanticipated 

5 impacts on organisms or ecosystems, or the realiza6 tion of unintended consequences that may have im7 pacts on Tribal lands and interests. 

8 (6) REGULATORY ACTION.—The term ‘‘regu9 latory action’’ means any regulation, policy, guid10 ance, or grant funding formula change that is pro11 posed by an agency. 

12 (7) SACRED SITE.—The term ‘‘sacred site’’ 

13 means any geophysical or geographical area or fea14 ture that is identified by a Tribal Government— 

15 (A) as sacred by virtue of its established 

16 religious significance to, or ceremonial use by, 

17 a Tribal religion; or 

18 (B) to be of established cultural signifi19 cance. 

20 (8) STANDARD METHOD OF COMMUNICATION.— 

21 The term ‘‘standard method of communication’’ 

22 means the mode of communication that the agency 

23 uses in the typical course of communicating with 

24 persons outside the Federal Government. 


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1 (9) STANDARD PROCESS.—The term ‘‘standard 

2 process’’ means a process for Federal agency and 

3 Tribal Government interactions agreed to by both 

4 parties through consultation and certified in a 

5 memorandum of agreement that applies to certain 

6 specified activities or regulatory actions, or to lim7 ited categories of activities or regulatory actions. 

8 (10) TRIBAL GOVERNMENT.—The term ‘‘Tribal 

9 Government’’ means the governing body of any In10 dian or Alaska Native Tribe, band, nation, pueblo, 

11 village, community, component band or component 

12 reservation, individually identified (including par13 enthetically) in the list published most recently as of 

14 the date of enactment of this Act pursuant to sec15 tion 104 of the Federally Recognized Indian Tribe 

16 List Act of 1994 (25 U.S.C. 5131). 

17 (11) TRIBAL IMPACT.—The term ‘‘Tribal im18 pact’’ means any Federal action that may have an 

19 impact on one or more Tribal Governments on mat20 ters, including— 

21 (A) Tribal cultural practices, lands, re22 sources, or access to traditional areas of cul23 tural or religious importance; 

24 (B) Tribal treaty-protected rights; 


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1 (C) the ability of a Tribal Government to 

2 govern or provide services to its members; 

3 (D) a Tribal Government’s formal relation4 ship with the Federal Government; or 

5 (E) the consideration of the Federal Gov6 ernment’s trust responsibility to Tribal Govern7 ments. 

8 (12) TRIBAL LEADER TASK FORCE.—The term 

9 ‘‘Tribal Leader Task Force’’ means a task force that 

10 is collaboratively determined by affected Tribal Gov11 ernments. 

12 TITLE I—STANDARDS FOR 

13 CONSULTATION 

14 SEC. 101. STANDARDS FOR CONSULTATION. 

15 (a) SCOPE.—Consultation with Tribal Governments 

16 shall occur before undertaking any proposed Federal activ17 ity or finalizing any Federal regulatory action that may 

18 have Tribal impacts. Additionally, consultation with Tribal 

19 Governments shall occur for all activities that would affect 

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

21 Indian Country, as defined in section 1151 of title 18, 

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

23 lands. 

24 (b) LIMITATION.—Nothing in this Act shall— 


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1 (1) exempt an agency from additional consulta2 tion required under any other law or from taking 

3 any other consultative actions as required by any 

4 other law or agency prerogative in addition to those 

5 required by this Act; or 

6 (2) preclude an agency from additional con7 sultation that complies with agency regulations for 

8 consultation, advances agency consultation practices, 

9 or supports agency efforts to build or strengthen 

10 government-to-government relationships with Tribal 

11 Governments. 

12 TITLE II—CONSULTATION 

13 PROCEDURES 

14 SEC. 201. ASSESSING TRIBAL IMPACTS. 

15 As early as possible in the planning stage of an activ16 ity or a regulatory action, the agency, or lead agency, 

17 shall— 

18 (1) prepare a Tribal Impact Statement that 

19 identifies any potential Tribal impacts of the pro20 posed activity or regulatory action. At a minimum, 

21 the Tribal Impact Statement shall include the scope 

22 of the activity or regulatory action being considered, 

23 including any geographic areas important to Tribal 

24 Governments that might be affected, as well as a list 

25 of all affected Tribal Governments; 


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1 (2) make a good faith effort to identify areas 

2 that contain sacred sites important to Tribal Gov3 ernments, whether such sacred sites are explicitly 

4 known to an agency or not; and 

5 (3) publish the completed Tribal Impact State6 ment in the Federal Register, excluding all informa7 tion designated as sensitive by a Tribal Government 

8 pursuant to section 502, before any further action 

9 on the proposed activity or regulatory action. 

10 SEC. 202. CONSULTATION STAGE. 

11 (a) INITIAL CONSULTATION OUTREACH.—The agen12 cy, or lead agency, shall— 

13 (1) transmit, via the agency’s standard method 

14 of communication, a formal request for a consulta15 tion meeting, along with along with a copy of the 

16 proposed activity or regulatory action as well as copy 

17 of the Tribal Impact Statement as prepared accord18 ing to section 201, to each affected Tribal Govern19 ment identified in the Tribal Impact Statement. In 

20 the case of a proposed activity, the documents shall 

21 also be transmitted to relevant Tribal governmental 

22 agencies (including the Tribal Historic Preservation 

23 Officer or cultural resource manager), and relevant 

24 non-Tribal stakeholders (including the State Historic 

25 Preservation Officer and local governments that 


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1 have jurisdiction on any affected land via agreement 

2 with the agency); 

3 (2) at the request of an affected Tribal Govern4 ment, transmit, via the agency’s standard method of 

5 communication, a copy of the Tribal Impact State6 ment and the letter requesting a consultation meet7 ing to non-governmental Tribal stakeholders; 

8 (3) not request consultation with non-govern9 mental Tribal stakeholders without the written con10 sent of the affected Tribal Government; 

11 (4) follow up within 5 business days to ensure 

12 receipt of the documents by all intended recipients; 

13 and 

14 (5) if the documents were not received by any 

15 of the intended recipients, retransmit all materials 

16 via a form of communication that is suitable to the 

17 recipient. 

18 (b) NON-RESPONSE TO CONSULTATION OUT19 REACH.—If, after a good faith effort, the agency, or lead 

20 agency, fails to engage an affected Tribal Government in 

21 the consultation process, the agency, or lead agency, may 

22 conclude its consultation efforts by providing the Tribal 

23 Government with a written notification and explanation 

24 for its decision, signed by the head of the agency, or lead 


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1 agency, which shall be made part of the official consulta2 tion record as described in section 301(a). 

3 (c) MEETING ARRANGEMENTS.— 

4 (1) The agency, or lead agency, shall negotiate 

5 with each affected Tribal Government to determine 

6 the format, agenda, and goals of a consultation 

7 meeting, and shall keep thorough documentation of 

8 all steps taken to engage the affected Tribal Govern9 ment in consultation meetings. 

10 (2) In appropriate circumstances, affected Trib11 al Governments may elect to form a Tribal Leader 

12 Task Force, to aid in consultation on activities that 

13 are regional in scope or that affect multiple Tribal 

14 Governments. To the maximum extent possible, the 

15 Tribal Leader Task Force shall represent a cross16 section of Tribal interests with respect to the pro17 posed activity or regulatory action. Affected Tribal 

18 Governments that do not elect to join a Tribal Lead19 er Task Force shall be consulted separately. 

20 (d) CONSULTATION MEETING REQUIREMENTS.—A 

21 consultation meeting shall— 

22 (1) begin with confirmation of the format, 

23 agenda, and goals of the meeting, with adequate 

24 time scheduled for introductions and any ceremonial 

25 proceedings; 


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1 (2) be structured to allow for meaningful and 

2 respectful interaction throughout the meeting among 

3 all meeting participants; and 

4 (3) conclude with planning for the next meet5 ing, if necessary, as well as confirmation of the 

6 method of any potential interim communications be7 tween all parties participating in the consultation. 

8 (e) CONCLUSION OF CONSULTATION WITH A MEMO9 RANDUM OF AGREEMENT.— 

10 (1) Except as provided by subsection (b), sub11 section (f), and subsection (g), consultation shall 

12 conclude only upon the execution of a memorandum 

13 of agreement signed by the head of the agency, or 

14 lead agency, and the head of the affected Tribal 

15 Government or the members of the designated Trib16 al Leader Task Force. 

17 (2) The memorandum of agreement— 

18 (A) may address multiple activities or reg19 ulatory actions if the activities or regulatory ac20 tions are similar and repetitive in nature, or are 

21 multistate or regional in scope, or where routine 

22 management activities are undertaken at Fed23 eral installations, facilities, or other land man24 agement units; 


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1 (B) may establish standard processes for 

2 certain categories of activities and regulatory 

3 actions determined through consultation and 

4 defined in the memorandum of agreement; 

5 (C) shall, in the case of a proposed activ6 ity— 

7 (i) include a provision for monitoring 

8 and reporting on the implementation of the 

9 activity; 

10 (ii) include provisions for reconsider11 ation if the activity has not been completed 

12 within a specified time; and 

13 (iii) include provisions to address new 

14 discoveries, which may include halting the 

15 activity and returning to the consultation 

16 stage. 

17 (3) The signed memorandum of agreement may 

18 be amended at any time by the joint approval of all 

19 signatories. 

20 (f) CONCLUSION OF CONSULTATION WITHOUT A

21 MEMORANDUM OF AGREEMENT.— 

22 (1) The agency, or lead agency, shall make a 

23 good faith effort through sustained interaction and 

24 collaboration to reach a consensus resulting in a 

25 memorandum of agreement. 


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1 (2) If, after a good faith effort, the agency, or 

2 lead agency, determines that further consultation 

3 will not be productive, it may conclude consultation 

4 by providing the Tribal Government with a written 

5 notification and explanation for its decision, includ6 ing identification of any legal, policy, or factual bar7 riers that prevented the agency from reaching agree8 ment with the affected Tribal Government, signed by 

9 the head of the agency, or lead agency, which shall 

10 be made part of the official consultation record as 

11 described in section 301(a). 

12 (g) TRIBAL WITHDRAWAL FROM CONSULTATION.— 

13 An affected Tribal Government may at any point decide 

14 to withdraw from the consultation process. In such case, 

15 the agency, or lead agency, shall provide the affected Trib16 al Government with the opportunity to submit a written 

17 statement, explanation, or comment on the consultation 

18 proceedings that will become part of the official consulta19 tion record as described in section 301(a). 

20 SEC. 203. DECISION STAGE FOR PROPOSED ACTIVITY. 

21 (a) PROPOSAL DOCUMENT.—Upon completion of the 

22 consultation stage pursuant to section 202, the agency, 

23 or lead agency, shall— 

24 (1) compile a proposal document consisting of 

25 the plan for the proposed activity, its anticipated 


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1 Tribal impacts, and any signed memorandum of 

2 agreement; 

3 (2) include sufficient supporting documentation 

4 to the extent permitted by law to enable any review5 ing parties to understand its basis; 

6 (3) transmit, via the agency’s standard method 

7 of communication, a copy of the proposal document 

8 to the affected Tribal Governments, including those 

9 that withdrew from the process; 

10 (4) follow up within 5 business days to ensure 

11 receipt of the proposal document by all intended re12 cipients; 

13 (5) if the proposal document was not received 

14 by an intended recipient, retransmit all material via 

15 a form of communication that is suitable to the re16 cipient; and 

17 (6) after the verified receipt of the proposal 

18 document by all intended recipients, the proposal 

19 document shall be published in the Federal Register, 

20 excluding all information designated as sensitive by 

21 a Tribal Government pursuant to section 502. 

22 (b) PUBLIC COMMENT PERIOD.—The agency, or lead 

23 agency, shall provide a period of not less than 90 days 

24 after publication of the proposal document in the Federal 

25 Register for public comment. A 30-day extension of the 


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1 90-day period shall be automatically granted upon request 

2 by an affected Tribal Government. 

3 (c) PRELIMINARY DECISION DOCUMENT.—After ex4 piration of the public comment period pursuant to sub5 section (b), the agency, or lead agency, shall prepare a 

6 preliminary decision letter, signed by the head of the agen7 cy, or lead agency, that shall— 

8 (1) state the decision to proceed or not proceed 

9 with the activity; 

10 (2) state the rationale for the decision; 

11 (3) list any changes to the proposed activity 

12 made in response to the comments filed pursuant to 

13 subsection (b); 

14 (4) specifically address any points where the de15 cision conflicts with the request of an affected Tribal 

16 Government, including a detailed explanation of why 

17 the request was disregarded; 

18 (5) transmit, via the agency’s standard method 

19 of communication, a copy of the preliminary decision 

20 letter to the affected Tribal Governments, including 

21 those that withdrew from the process; 

22 (6) follow up within 5 business days to ensure 

23 receipt of the preliminary decision letter by all in24 tended recipients; and 


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1 (7) if the preliminary decision letter was not re2 ceived by an intended recipient, retransmit the mate3 rial via a form of communication that is suitable to 

4 the recipient. 

5 (d) TRIBAL RESPONSE PERIOD.—The agency, or 

6 lead agency, shall provide a period of no less than 45 days 

7 after issuance of the preliminary decision letter for a re8 sponse by an affected Tribal Government. 

9 (e) FINAL DECISION DOCUMENT.—After expiration 

10 of the Tribal Response Period pursuant to subsection (d), 

11 the agency, or lead agency, shall prepare a letter stating 

12 the final decision of the agency, signed by the head of the 

13 agency, or lead agency, that shall— 

14 (1) state the decision to proceed or not proceed 

15 with the activity; 

16 (2) state the rationale for the decision; 

17 (3) list any changes to the preliminary decision 

18 in response to comments received from an affected 

19 Tribal Government pursuant to subsection (d); 

20 (4) specifically address any points where the 

21 final decision conflicts with the request of an af22 fected Tribal Government, including a detailed ex23 planation of why the request was disregarded; 

24 (5) transmit, via the agency’s standard method 

25 of communication, a copy of the final decision letter 


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1 to the affected Tribal Governments, including those 

2 that withdrew from the process; 

3 (6) follow up after 5 business days to ensure re4 ceipt of the final decision letter by all intended re5 cipients; and 

6 (7) if the final decision letter was not received 

7 by an intended recipient, retransmit the material via 

8 a form of communication that is suitable to the re9 cipient. 

10 (f) PUBLICATION OF LETTER.—The agency shall 

11 make public the final decision letter, excluding all informa12 tion designated as sensitive by a Tribal Government pur13 suant to section 502. 

14 SEC. 204. DECISION STAGE FOR PROPOSED REGULATORY 

15 ACTION. 

16 (a) DECISION DOCUMENT.—Upon completion of the 

17 consultation stage pursuant to section 202, the agency, 

18 or lead agency, shall prepare a decision letter, signed by 

19 the head of the agency, or lead agency, that shall— 

20 (1) state the decision to proceed or not proceed 

21 with the proposed regulatory action; 

22 (2) state the rationale for the decision; 

23 (3) list any changes to the proposed regulatory 

24 action made at the request of an affected Tribal 


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1 Government during the consultation process as out2 lined in section 202; 

3 (4) specifically address any points where the de4 cision conflicts with the request of an affected Tribal 

5 Government, along with a detailed explanation of 

6 why the request was disregarded; 

7 (5) transmit, via the agency’s standard method 

8 of communication, a copy of the decision letter to 

9 the affected Tribal Governments, including those 

10 that withdrew from the process; 

11 (6) follow up within 5 business days to ensure 

12 receipt of the decision letter by all intended recipi13 ents; and 

14 (7) if the decision letter was not received by an 

15 intended recipient, retransmit the material via a 

16 form of communication that is suitable to the recipi17 ent. 

18 (b) PUBLICATION IN FEDERAL REGISTER.—The de19 cision letter shall be published in the Federal Register 

20 alongside the final decision on the regulatory action, ex21 cluding all information designated as sensitive by a Tribal 

22 Government pursuant to section 502. 


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1 TITLE III—DOCUMENTATION 

2 AND REPORTING 

3 SEC. 301. DOCUMENTATION AND REPORTING. 

4 (a) OFFICIAL CONSULTATION RECORD.—The agen5 cy, or lead agency, shall— 

6 (1) keep an official consultation record that al7 lows accurate tracking of the process so that the 

8 agency and all consulting parties can correct any er9 rors or omissions, and provides an official record of 

10 the process that can be referred to in any litigation 

11 that may arise; 

12 (2) document all efforts to initiate consultation 

13 as well as documenting the process once it has 

14 begun, such as correspondence, telephone logs, and 

15 emails; 

16 (3) keep notes so that the consultation record 

17 documents the content of consultation meetings, site 

18 visits, and phone calls in addition to information 

19 about dates and who participated; 

20 (4) include all documentation in the official con21 sultation record; and 

22 (5) ensure that all information designated as 

23 sensitive by a Tribal Government pursuant to sec24 tion 502 is kept confidential. 


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1 (b) PAYMENT FOR TRIBAL DOCUMENTATION

2 WORK.—If the agency, or lead agency, asks a Tribal Gov3 ernment for specific information or documentation that in 

4 any way fulfills the duties of the agency in a role similar 

5 to that of a consultant or contractor, then the agency, or 

6 lead agency, must pay for such services, if so requested 

7 by the Tribal Government, as it would for any private con8 sultant or contractor. 

9 (c) REPORT TO CONGRESS.—Each agency shall sub10 mit a biennial report on its consultation activities to Con11 gress, including outcomes. 

12 TITLE IV—IMPLEMENTATION 

13 AND TRAINING 

14 SEC. 401. DESIGNATED AGENCY OFFICIAL. 

15 No later than 90 days after the date of the enactment 

16 of this Act— 

17 (1) the head of each agency shall designate an 

18 official with principal responsibility for the agency’s 

19 implementation of this Act; and 

20 (2) each bureau or office within the agency 

21 shall designate one or more officials with the respon22 sibility to work with the principal agency official on 

23 implementation of this Act. 


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1 SEC. 402. CONSULTATION POLICY. 

2 No later than 180 days after enactment of this Act, 

3 the designated agency official shall submit to the Office 

4 of Management and Budget a description of the agency’s 

5 consultation policy, including all designated agency offi6 cials, in conformity with this Act. 

7 SEC. 403. TRAINING. 

8 Each agency shall design training for staff aimed at 

9 improving the agency’s capacity for interacting with Trib10 al Governments and executing the consultation process. 

11 The training shall— 

12 (1) promote consultation, communication, col13 laboration, and other interactions with Tribal Gov14 ernments; 

15 (2) outline and reinforce the agency duties con16 cerning Tribal interests; and 

17 (3) strengthen the understanding of the United 

18 States government-to-government relationship with 

19 Tribal Governments. 

20 TITLE V—TRIBAL SOVEREIGNTY 

21 SEC. 501. TRIBAL SOVEREIGNTY. 

22 (a) IN GENERAL.—Agencies shall recognize and re23 spect Tribal self-government and sovereignty, honor Tribal 

24 treaty and other rights, and strive to meet the responsibil25 ities that arise from the unique legal relationship between 

26 the Federal Government and Tribal Governments. 


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1 (b) MAXIMUM TRIBAL ADMINISTRATIVE DISCRE2 TION.—With respect to Federal statutes and regulations 

3 administered by Tribal Governments, the Federal Govern4 ment shall grant Tribal Governments the maximum ad5 ministrative discretion possible. 

6 (c) ALTERNATIVES TO FEDERAL REGULATION.— 

7 With respect to the formulation and implementation of 

8 policies that have an impact on Tribal matters, agencies 

9 shall— 

10 (1) encourage Tribal Governments to develop 

11 their own policies to achieve program objectives; 

12 (2) when possible, defer to Tribal Governments 

13 to establish standards; and 

14 (3) in determining whether to establish Federal 

15 standards, consult with Tribal Governments as to 

16 the need for Federal standards and any alternatives 

17 that would limit the scope of Federal standards or 

18 otherwise preserve the prerogatives and authority of 

19 Tribal Governments. 

20 SEC. 502. SENSITIVE TRIBAL INFORMATION. 

21 Notwithstanding chapter 7 of title 5, United States 

22 Code (commonly known as the Administrative Procedure 

23 Act), consultation meetings shall be closed to the public 

24 at the request of the Tribal Government. Notwithstanding 

25 section 552 of title 5, United States Code (commonly 


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1 known as the Freedom of Information Act), all informa2 tion designated by the Tribal Government as sensitive, 

3 such as the location of sacred sites or other details of cul4 tural or religious practices, shall be deleted from any pub5 lic publication made as part of the consultation process 

6 or in the process of carrying out the activity. Once infor7 mation has been designated as sensitive, the agency will 

8 determine in consultation with the Tribal Government who 

9 may have access to the information for the purposes of 

10 carrying out the activity. 

11 TITLE VI—JUDICIAL REVIEW 

12 SEC. 601. JUDICIAL REVIEW. 

13 A Tribal Government may seek judicial review of a 

14 determination of an agency under this Act in accordance 

15 with subchapter II of chapter 5 of title 5, United States 

16 Code, and chapter 7 of title 5, United States Code (com17 monly known as the Administrative Procedure Act), if the 

18 Tribal Government has exhausted all other administrative 

19 remedies available to the Tribal Government. 

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pbinns on DSKJLVW7X2PROD with BILLS