(6) NEW
DISCOVERY.—The term ‘‘new dis-
covery’’ means any unexpected development that oc-
curs during the course of an activity, such as the 
discovery of a new archeological site, unanticipated 
impacts on organisms or ecosystems, or the realiza-
tion of unintended consequences of a new regulation, 
that may have impacts on tribal lands and interests. 
(7) STANDARD PROCESS.—The term ‘‘standard 
process’’ means a streamlined process for agency-In-
dian tribe interaction agreed to by both parties 
through consultation and certified in a memorandum 
of agreement that applies to certain specified activi-
ties or limited categories of activities. 
TITLE I—CONSULTATION 
PROCEDURE 
SEC. 101. REQUIREMENT FOR CONSULTATION. 
(a) SCOPE.—Agencies shall have an accountable 
process to ensure meaningful and timely input by Indian 
tribes and tribal officials prior to undertaking any activity 
that may have substantial direct impacts on the lands or 
interests of one or more Indian tribes, on the relationship 
between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the 
Federal Government and Indian tribes. Consultation with 
Indian tribes shall occur for all activities that would affect 
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any part of any Federal land that shares a border with 
Indian country as defined in section 1151 of title 18, 
United States Code, but is not limited to activities on such 
lands. 
(b) MULTI-AGENCY ACTIVITIES.—In the case of 
agency-drafted proposed legislation, the drafting agency, 
and any other agency that will be implementing the legis-
lation, shall each be considered involved in the activity. 
If more than one agency is involved in an activity, some 
or all of the agencies may designate a lead agency, which 
shall fulfill their collective consultation responsibilities. 
Those agencies that do not designate a lead agency shall 
remain individually responsible for their consultation re-
sponsibilities under this Act. 
(c) LIMITATION.—Nothing in this Act shall exempt 
an agency from additional consultation required under any 
other law or from taking any other consultative actions 
as required by any other law or agency prerogative in addi-
tion to those required by this Act. Nor does it preclude 
an agency from additional consultation that complies with 
agency regulations for consultation, advances agency con-
sultation practices, or supports agency efforts to build or 
strengthen government-to-government relationships with 
Indian tribes. 
(d) TEMPORARY WAIVER.— 
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(1) IN GENERAL.—The agency may temporarily 
waive the requirements of this title in all or any por-
tion of any emergency area during all or any portion 
of an emergency period. 
(2) DURATION OF WAIVER.—A temporary waiv-
er under this subsection shall end upon the termi-
nation of the applicable emergency period. 
(3) DEFINITIONS.—For the purposes of this 
subsection— 
(A) the term ‘‘emergency area’’ means a 
geographical area in which there exists an 
emergency or disaster declared by the President 
pursuant to the National Emergencies Act 
(Public Law 94–412) or the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act 
(Public Law 93–288); and 
(B) the term ‘‘emergency period’’ means 
the period during which there exists an emer-
gency or disaster declared by the President pur-
suant to the National Emergencies Act (Public 
Law 94–412) or the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act 
(Public Law 93–288). 
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SEC. 102. TIMING. 
Consultation under sections 103 and 104 shall be 
completed before any Federal funds are expended for the 
activity and before the issuance of any license other than 
for funding nondestructive project planning activities. 
SEC. 103. SCOPING STAGE CONSULTATION. 
(a) PLANNING DOCUMENT.—As early as possible in 
the planning stage of an activity, the agency shall compile 
a draft of the scope of the project, including any geo-
graphic areas important to Indian tribes that might be 
affected and any other anticipated tribal impacts. The 
agency shall make a good faith effort to include areas that 
contain sites important to Indian tribes whether or not 
such sites are explicitly known to the agency. 
(b) INITIAL CONSULTATION CONTACT.—The agen-
cy— 
(1) shall send, via United States mail and, if 
possible, email, a copy of the planning document and 
a letter requesting consultation meetings to the rel-
evant tribal government officials, including the tribal 
leader and all members of any elected tribal gov-
erning body, relevant tribal governmental agencies 
(including the Tribal Historic Preservation Officer 
or cultural resource manager), and relevant non-
tribal stakeholders (including the State Historic 
Preservation Officer and local governments that 
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have jurisdiction on any affected land via agreement 
with the agency); 
(2) at the request of an affected Indian tribe, 
shall send, via United States mail and, if possible, 
email, a copy of the planning document and a letter 
requesting consultation meetings to nongovern-
mental tribal stakeholders, such as elders councils 
and religious leaders; 
(3) shall not request consultation with non-
governmental tribal stakeholders without the written 
consent of the affected Indian tribe; and 
(4) shall follow up with phone calls to confirm 
receipt of the documents by all intended recipients. 
(c) CONSULTATION MEETING ARRANGEMENTS.—The 
agency shall negotiate with the affected Indian tribes to 
determine the time, place, agenda, travel funds, facilitator, 
format, and goals of a consultation meeting. The agency 
shall keep thorough documentation of all steps taken to 
contact and engage the affected Indian tribes in consulta-
tion. If, after a good faith effort, the agency fails to en-
gage the affected Indian tribes, it may terminate its 
scoping stage consultation efforts by providing all con-
sultation partners with a written notification and expla-
nation for its decision, signed by the head of the agency, 
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