cluding all tribes that have been added to the list 
since the Act became law. 
(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 a 
project, program, policy or other action including, 
infrastructure projects, regulations, program com-
ments by Federal entities, and agency-drafted pro-
posed legislation, that is funded in whole or in part 
under the direct or indirect jurisdiction of an agen-
cy, including those carried out by or on behalf of an 
agency; those carried out with Federal financial as-
sistance; or those requiring a Federal permit, li-
cense, or approval. 
(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. 
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(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. 
(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—SENSE OF CONGRESS 
SEC. 101. SENSE OF CONGRESS. 
It is the sense of Congress that consultation con-
stitutes more than simply notifying an Indian tribe about 
a planned undertaking. Consultation entails a process of 
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open, ongoing communication, interaction and coordina-
tion that may include written correspondence, meetings, 
telephone conferences, site visits, e-mails, on-line informa-
tion sharing, consensual mechanisms for developing regu-
lations including negotiated rulemaking, and more. Con-
sultation means the process of seeking, discussing, and 
considering the views of other participants, and, where 
feasible, seeking agreement with them regarding proposed 
activities and other matters. Mutual understanding and 
respect is the basis of effective, meaningful consultation. 
Effective, meaningful consultation requires a two-way ex-
change of information, a willingness to listen, an attempt 
to understand and genuinely consider each other’s opin-
ions, beliefs, and desired outcomes, and a seeking of agree-
ment on how to proceed concerning the issues at hand. 
Effective, meaningful consultation does not guarantee 
such agreement, but at a minimum contributes to the 
building of relationships based on mutual respect and un-
derstanding. Consultation can be considered effective and 
meaningful when each party demonstrates a genuine com-
mitment to learn, acknowledge and respect the positions, 
perspectives, and concerns of the other parties. Ultimately, 
effective, meaningful consultation means collaboration. 
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