I 
117TH CONGRESS 
1ST SESSION H. R. 3587 
To prescribe procedures for effective consultation and coordination by Federal 
agencies with federally recognized Tribal Governments regarding Federal 
Government actions that impact Tribal lands and interests to ensure 
that meaningful Tribal input is an integral part of the Federal decision- 
making process. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 28, 2021 
Mr. GRIJALVA (for himself, Ms. LEGER FERNANDEZ, Mr. HUFFMAN, Mrs. 
NAPOLITANO, Mr. COHEN, Ms. TLAIB, Mr. SOTO, Mr. GARCI´A of Illinois, 
and Mr. LOWENTHAL) introduced the following bill; which was referred 
to the Committee on the Judiciary, and in addition to the Committee on 
Natural Resources, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To prescribe procedures for effective consultation and coordi-
nation by Federal agencies with federally recognized 
Tribal Governments regarding Federal Government ac-
tions that impact Tribal lands and interests to ensure 
that meaningful Tribal input is an integral part of the 
Federal decision-making process. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SEC. 4. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) consultation constitutes more than simply 
notifying an Tribal Government about a planned un-
dertaking; 
(2) effective, meaningful consultation requires a 
two-way exchange of information, a willingness to 
listen, an attempt to understand and to genuinely 
consider each other’s opinions, beliefs, and desired 
outcomes, and a seeking of agreement on how to 
proceed 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 and when Federal agencies accommodate 
Tribal concerns to the extent feasible and consistent 
with applicable law. 
SEC. 5. DEFINITIONS. 
For the purposes of this Act: 
(1) ACTIVITY.—The term ‘‘activity’’ means any 
plan, project, or program funded in whole or in part 
under the direct or indirect jurisdiction of a Federal 
agency, including— 
(A) those carried out by or on behalf of an 
agency; 
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(B) those carried out with Federal finan-
cial assistance; 
(C) those requiring a Federal permit, li-
cense, or approval; and 
(D) those subject to state or local regula-
tion administered pursuant to a delegation or 
approval by a Federal agency. 
(2) AGENCY.—The term ‘‘agency’’ means any 
authority of the United States that is an agency 
under section 551 of title 5, United States Code. 
(3) LEAD AGENCY.—The term ‘‘lead agency’’ 
means a designated agency that will fulfill the collec-
tive consultation responsibilities under this Act if 
more than one agency is involved in an activity or 
regulatory action. Any agency that does not des-
ignate a lead agency shall remain individually re-
sponsible for the consultation responsibilities of that 
agency under this Act. 
(4) MEMORANDUM OF AGREEMENT.—The term 
‘‘memorandum of agreement’’ means a document 
that records the terms and conditions agreed upon 
by an agency, or lead agency, and a Tribal Govern-
ment or designated Tribal Leader Task Force 
through the consultation process regarding an activ-
ity or regulatory action. 
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(5) 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 that may have im-
pacts on Tribal lands and interests. 
(6) REGULATORY
ACTION.—The term ‘‘regu-
latory action’’ means any regulation, policy, guid-
ance, or grant funding formula change that is pro-
posed by an agency. 
(7) SACRED
SITE.—The term ‘‘sacred site’’ 
means any geophysical or geographical area or fea-
ture that is identified by a Tribal Government— 
(A) as sacred by virtue of its established 
religious significance to, or ceremonial use by, 
a Tribal religion; or 
(B) to be of established cultural signifi-
cance. 
(8) STANDARD METHOD OF COMMUNICATION.— 
The term ‘‘standard method of communication’’ 
means the mode of communication that the agency 
uses in the typical course of communicating with 
persons outside the Federal Government. 
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(9) STANDARD PROCESS.—The term ‘‘standard 
process’’ means a process for Federal agency and 
Tribal Government interactions agreed to by both 
parties through consultation and certified in a 
memorandum of agreement that applies to certain 
specified activities or regulatory actions, or to lim-
ited categories of activities or regulatory actions. 
(10) TRIBAL GOVERNMENT.—The term ‘‘Tribal 
Government’’ means the governing body of any In-
dian or Alaska Native Tribe, band, nation, pueblo, 
village, community, component band or component 
reservation, individually identified (including par-
enthetically) in the list published most recently as of 
the date of enactment of this Act pursuant to sec-
tion 104 of the Federally Recognized Indian Tribe 
List Act of 1994 (25 U.S.C. 5131). 
(11) TRIBAL IMPACT.—The term ‘‘Tribal im-
pact’’ means any Federal action that may have an 
impact on one or more Tribal Governments on mat-
ters, including— 
(A) Tribal cultural practices, lands, re-
sources, or access to traditional areas of cul-
tural or religious importance; 
(B) Tribal treaty-protected rights; 
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(C) the ability of a Tribal Government to 
govern or provide services to its members; 
(D) a Tribal Government’s formal relation-
ship with the Federal Government; or 
(E) the consideration of the Federal Gov-
ernment’s trust responsibility to Tribal Govern-
ments. 
(12) TRIBAL LEADER TASK FORCE.—The term 
‘‘Tribal Leader Task Force’’ means a task force that 
is collaboratively determined by affected Tribal Gov-
ernments. 
TITLE I—STANDARDS FOR 
CONSULTATION 
SEC. 101. STANDARDS FOR CONSULTATION. 
(a) SCOPE.—Consultation with Tribal Governments 
shall occur before undertaking any proposed Federal activ-
ity or finalizing any Federal regulatory action that may 
have Tribal impacts. Additionally, consultation with Tribal 
Governments shall occur for all activities that would affect 
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) LIMITATION.—Nothing in this Act shall— 
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