I 
114TH CONGRESS 
2D SESSION 
H. R. 5379 
To prescribe procedures for effective consultation and coordination by Federal 
agencies with federally recognized Indian tribes regarding Federal Gov-
ernment 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 
JUNE 3, 2016 
Mr. GRIJALVA introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To prescribe procedures for effective consultation and coordi-
nation by Federal agencies with federally recognized In-
dian tribes regarding Federal Government activities that 
impact tribal lands and interests to ensure that meaning-
ful tribal input is an integral part of the Federal deci-
sionmaking process. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Requirements, Expectations, and Standard Procedures 
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for Executive Consultation with Tribes Act’’ or the ‘‘RE-
SPECT Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings and purposes. 
Sec. 3. Sense of Congress. 
Sec. 4. Definitions. 
TITLE I—CONSULTATION PROCEDURE 
Sec. 101. Requirement for consultation. 
Sec. 102. Timing. 
Sec. 103. Scoping stage consultation. 
Sec. 104. Decision stage procedures. 
Sec. 105. Documentation and reporting. 
Sec. 106. Implementation. 
Sec. 107. Sensitive tribal information. 
TITLE II—TRIBAL SOVEREIGNTY 
Sec. 201. Tribal sovereignty. 
TITLE III—INDIAN TRIBAL WAIVERS 
Sec. 301. Indian tribal waivers. 
TITLE IV—JUDICIAL REVIEW 
Sec. 401. Judicial review. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—The Congress finds that— 
(1) the United States has a unique, legally af-
firmed government-to-government relationship with 
Indian tribal governments as set forth in the Con-
stitution of the United States, treaties, statutes, Ex-
ecutive orders, and court decisions; 
(2) the United States recognizes the right of In-
dian tribes to self-government and supports tribal 
sovereignty and self-determination; 
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(3) the United States has enacted numerous 
statutes and promulgated numerous regulations that 
establish and define a trust relationship with Indian 
tribes; 
(4) the United States has a responsibility to 
consult with Indian tribes on a government-to-gov-
ernment basis when formulating policies and under-
taking activities that will have impacts on tribal 
lands and interests; 
(5) procedures for such consultation should be 
designed and structured to give Indian tribes oppor-
tunities to provide meaningful, informed input 
throughout the development and decisionmaking 
processes; 
(6) building institutional knowledge and capac-
ity for effective consultation fosters greater effi-
ciency and benefits for future projects; 
(7) the consultation process should be institu-
tionalized according to best practices that are de-
signed and administered by the agency and that ful-
fill the legal requirements mandated by this Act; 
(8) consulting with Indian tribes during the for-
mulation of long-term management plans reduces 
the likelihood of project delays and increases the ef-
ficiency of project implementations; and 
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(9) effective consultation demands ongoing, re-
spectful communication between agencies and Indian 
tribes. 
(b) PURPOSES.—The purposes of this Act are— 
(1) to establish and support a process of reg-
ular, meaningful consultation and collaboration with 
Indian tribes in the development of Federal policies 
and the initiation of Federal activities that impact 
tribal lands and interests; 
(2) to strengthen the United States govern-
ment-to-government relationships with Indian tribes; 
(3) to establish minimum standard procedures 
to ensure the above goals are achieved; and 
(4) to recognize tribal regulatory authority and 
jurisdiction generally, and specifically through the 
waiver process. 
SEC. 3. SENSE OF CONGRESS. 
It is the sense of the Congress that— 
(1) consultation constitutes more than simply 
notifying an Indian tribe about a planned under-
taking; 
(2) effective, meaningful consultation requires a 
two-way exchange of information, a willingness to 
listen, an attempt to understand and genuinely con-
sider each other’s opinions, beliefs, and desired out-
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comes, and a seeking of agreement on how to pro-
ceed concerning the issues at hand; and 
(3) consultation can be considered effective and 
meaningful when each party demonstrates a genuine 
commitment to learn, acknowledge, and respect the 
positions, perspectives, and concerns of the other 
parties. 
SEC. 4. DEFINITIONS. 
For the purposes of this Act: 
(1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given that term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
(2) AGENCY.—The term ‘‘agency’’ means any 
authority of the United States that is an ‘‘agency’’ 
under section 3502(1) of title 44, United States 
Code. 
(3) ACTIVITY.—The term ‘‘activity’’ means any 
agency regulation, rulemaking, policy, guidance, leg-
islative proposal, grant funding formula change, or 
operational activity that may have a substantial di-
rect effect on an Indian tribe on matters including— 
(A) tribal cultural practices, lands, re-
sources, or access to traditional areas of cul-
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tural or religious importance on federally man-
aged land; 
(B) the ability of an Indian tribe to govern 
or provide services to its members; 
(C) an Indian tribe’s formal relationship 
with the agency; or 
(D) the consideration of the agency’s trust 
responsibilities to Indian tribes. 
(4) SACRED
SITE.—The term ‘‘sacred site’’ 
means any specific, discrete, narrowly delineated lo-
cation on Federal land that is identified by an In-
dian tribe— 
(A) as sacred by virtue of its established 
religious significance to, or ceremonial use by, 
an Indian religion; or 
(B) to be of established cultural signifi-
cance. 
(5) MEMORANDUM OF AGREEMENT.—The term 
‘‘memorandum of agreement’’ means a document 
that records the terms and conditions agreed upon 
by an agency and an Indian tribe through the con-
sultation process regarding an activity, including any 
measures to be taken to resolve or mitigate adverse 
impacts on the Indian tribe. 
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