mental consultation partner with the opportunity to sub-
mit a written statement, explanation, or comment on the 
consultation proceedings that will become part of the 
agency’s official consultation record. 
SEC. 204. DECISION STAGE PROCEDURES. 
(a) PROPOSAL DOCUMENT.—The agency shall com-
pile a document consisting of the plan for the activity, its 
anticipated tribal impacts, any memorandum of agree-
ment, and any written statements made by consulting 
partners during the scoping stage as described in section 
203. The agency shall include sufficient supporting docu-
mentation to the extent permitted by law and within avail-
able funds to enable any reviewing parties to understand 
its basis. The agency may use documentation prepared to 
comply with other laws to fulfill the requirements of this 
provision to the extent that such documentation is suffi-
ciently pertinent to and focused on the relevant issues as 
to allow reasonable ease of review. The agency shall mail 
and e-mail, if possible, a copy of the Proposal Document 
to all consultation partners, including any who withdrew 
from the process. At a minimum, the document shall go 
to the tribal leader and all members of any elected tribal 
governing body. The agency shall follow up with phone 
calls to confirm receipt of the document. After these steps 
have been completed, the Proposal Document shall be pub-
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lished in the Federal Register, subject to the provisions 
of section 207. 
(b) PUBLIC COMMENT PERIOD.—The agency shall 
provide a period of not less than 90 days after publication 
in the Federal Register for comments on the Proposal 
Document. A 30-day extension shall be granted upon re-
quest by any member of the Indian tribe. 
(c) PRELIMINARY DECISION.—After expiration of the 
comment period, the agency shall prepare a preliminary 
decision letter, signed by the head of the agency. The let-
ter shall state the decision to proceed or not proceed with 
the activity, the decision’s rationale, any changes in the 
proposal made in response to comments, and any points 
where the decision conflicts with the expressed requests 
of any of the consultation partners. It shall particularly 
address why the decision was made to disregard any such 
requests. The agency shall mail and e-mail, if possible, a 
copy of the letter to all consultation partners, including 
any who withdrew from the process. At a minimum, the 
letter shall go to the tribal leader and all members of the 
tribal governing body. The agency shall follow up with 
phone calls to confirm receipt of the letter. 
(d) FINAL DECISION.—The agency shall provide a 
60-day period following the issuance of the preliminary de-
cision letter for response by the consultation partners. 
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Thereafter, the agency shall notify in writing, signed by 
the head of the agency, the consultation partners, includ-
ing any who withdrew from the process, of the agency’s 
final decision. 
SEC. 205. DOCUMENTATION AND REPORTING. 
(a) OFFICIAL CONSULTATION RECORD.—The agency 
shall keep an official consultation record that allows accu-
rate tracking of the process so that agencies and con-
sulting parties can correct any errors or omissions, and 
provides an official record of the process that can be re-
ferred to in any litigation that may arise. The agency shall 
document all efforts to initiate consultation as well as doc-
umenting the process once it has begun. Such documenta-
tion, including, but not limited to, correspondence, tele-
phone logs, and e-mails, shall be included in the agency’s 
official consultation record. The agency shall also keep 
notes so that the consultation record documents the con-
tent of consultation meetings, site visits, and phone calls 
in addition to information about dates and who partici-
pated. 
(b) 
PAYMENT
FOR
TRIBAL
DOCUMENTATION 
WORK.—If the agency asks an Indian tribe for specific 
information or documentation regarding the location, na-
ture, and condition of individual sites, to conduct a survey, 
or in any way fulfill the duties of the agency in a role 
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similar to that of a consultant or contractor, then the 
agency must pay for such services, if so requested by the 
Indian tribe, as it would for any private consultant or con-
tractor. 
(c) REPORT TO CONGRESS.—Each agency shall on a 
biennial basis submit to Congress a report on its consulta-
tion activities. 
SEC. 206. IMPLEMENTATION. 
Not later than 30 days after the date of the enact-
ment of this Act, the head of each agency shall designate 
an official with principal responsibility for the agency’s re-
view of existing consultation and coordination policies and 
procedures, and implementation of this Act. Not later than 
60 days after the effective date of this order, the des-
ignated official shall submit to the Office of Management 
and Budget a description of the agency’s revised consulta-
tion process in conformity with this Act. 
SEC. 207. SENSITIVE TRIBAL INFORMATION. 
Notwithstanding any provision of the Administrative 
Procedures Act, consultation meetings shall be closed to 
the public at the request of the Indian tribal government. 
Notwithstanding any provision of the Freedom of Infor-
mation Act, all information designated by the Indian tribe 
as sensitive, such as the location of Sacred Sites or other 
details of cultural or religious practices, shall be deleted 
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