and proceed to the decision stage procedures described in 
section 204. 
(e) CONSULTATION MEETING FORMAT.—A consulta-
tion meeting shall begin with confirmation of the format, 
facilitator, and agenda, with adequate time scheduled for 
introductions and for interaction throughout the meeting 
among participants. Whenever possible, tribal stake-
holders shall be brought into the ongoing planning process 
directly by forming ad hoc workgroups including tribal 
leaders or their designees and, if appropriate, initiating 
a process for consensual development of regulations, such 
as negotiated rulemaking. The meeting shall conclude with 
planning for the next meeting, if necessary. 
(f) TERMINATION OF SCOPING STAGE CONSULTA-
TION WITH A MEMORANDUM OF AGREEMENT.— 
(1) TERMINATION.—Scoping stage consultation 
shall terminate upon the execution of a memo-
randum of agreement signed by the head of the 
agency and the Indian tribal government. 
(2) SIGNATORIES.—The Indian tribal govern-
ment and the agency may jointly invite additional 
parties to be signatories of the memorandum of 
agreement. The signatories have sole authority to 
execute, amend, or terminate the memorandum of 
agreement. If any signatory determines that the 
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terms of the memorandum of agreement cannot be 
or are not being carried out, the signatories shall 
consult to seek amendment of the memorandum of 
agreement. If the memorandum of agreement is not 
amended, any signatory may terminate the agree-
ment, with the option to return to scoping stage con-
sultation. The agency shall provide all non-signatory 
consulting partners with the opportunity to submit 
a written statement, explanation, or comment on the 
consultation proceedings that shall become part of 
the agency’s official consultation record. 
(3) MOA.—The memorandum of agreement— 
(A) may address multiple activities if the 
activities are similar and repetitive or are multi- 
State or regional in scope, or where routine 
management activities are undertaken at Fed-
eral installations, facilities, or other land man-
agement units; 
(B) may establish standard processes for 
certain categories of activities determined 
through consultation and defined in the memo-
randum of agreement; 
(C) shall include a provision for monitoring 
and reporting on its implementation; 
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(D) shall include provisions for termination 
or reconsideration if the Activity has not been 
completed within a specified time; and 
(E) shall include provisions to address new 
discoveries, which may include halting the activ-
ity and returning to scoping stage consultation. 
(g) TERMINATION OF SCOPING STAGE CONSULTA-
TION WITHOUT A MEMORANDUM OF AGREEMENT.—The 
agency shall make a good faith effort through sustained 
interaction and collaboration to reach a consensus result-
ing in a memorandum of agreement. If, after a good faith 
effort, the agency determines that further consultation will 
not be productive, it may terminate consultation by pro-
viding all consultation partners with a written notification 
and explanation for its decision, signed by the head of the 
agency, and proceed to the decision stage procedures de-
scribed in section 204. The Indian tribal government may 
at any point decide to terminate consultation. In such 
case, the agency shall provide the Indian tribal govern-
ment with the opportunity to submit a written statement, 
explanation, or comment on the consultation proceedings 
that will become part of the agency’s official consultation 
record. Any nongovernmental consultation partners may 
decide to withdraw from consultation at any time. In such 
case, the agency shall provide the withdrawing nongovern-
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