(2) make a good faith effort to identify areas 
that contain sacred sites important to Tribal Gov-
ernments, whether such sacred sites are explicitly 
known to an agency or not; and 
(3) publish the completed Tribal Impact State-
ment in the Federal Register, excluding all informa-
tion designated as sensitive by a Tribal Government 
pursuant to section 502, before any further action 
on the proposed activity or regulatory action. 
SEC. 202. CONSULTATION STAGE. 
(a) INITIAL CONSULTATION OUTREACH.—The agen-
cy, or lead agency, shall— 
(1) transmit, via the agency’s standard method 
of communication, a formal request for a consulta-
tion meeting, along with along with a copy of the 
proposed activity or regulatory action as well as copy 
of the Tribal Impact Statement as prepared accord-
ing to section 201, to each affected Tribal Govern-
ment identified in the Tribal Impact Statement. In 
the case of a proposed activity, the documents shall 
also be transmitted to 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 Tribal Govern-
ment, transmit, via the agency’s standard method of 
communication, a copy of the Tribal Impact State-
ment and the letter requesting a consultation meet-
ing to non-governmental Tribal stakeholders; 
(3) not request consultation with non-govern-
mental Tribal stakeholders without the written con-
sent of the affected Tribal Government; 
(4) follow up within 5 business days to ensure 
receipt of the documents by all intended recipients; 
and 
(5) if the documents were not received by any 
of the intended recipients, retransmit all materials 
via a form of communication that is suitable to the 
recipient. 
(b) 
NON-RESPONSE
TO
CONSULTATION
OUT-
REACH.—If, after a good faith effort, the agency, or lead 
agency, fails to engage an affected Tribal Government in 
the consultation process, the agency, or lead agency, may 
conclude its consultation efforts by providing the Tribal 
Government with a written notification and explanation 
for its decision, signed by the head of the agency, or lead 
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agency, which shall be made part of the official consulta-
tion record as described in section 301(a). 
(c) MEETING ARRANGEMENTS.— 
(1) The agency, or lead agency, shall negotiate 
with each affected Tribal Government to determine 
the format, agenda, and goals of a consultation 
meeting, and shall keep thorough documentation of 
all steps taken to engage the affected Tribal Govern-
ment in consultation meetings. 
(2) In appropriate circumstances, affected Trib-
al Governments may elect to form a Tribal Leader 
Task Force, to aid in consultation on activities that 
are regional in scope or that affect multiple Tribal 
Governments. To the maximum extent possible, the 
Tribal Leader Task Force shall represent a cross- 
section of Tribal interests with respect to the pro-
posed activity or regulatory action. Affected Tribal 
Governments that do not elect to join a Tribal Lead-
er Task Force shall be consulted separately. 
(d) CONSULTATION MEETING REQUIREMENTS.—A 
consultation meeting shall— 
(1) begin with confirmation of the format, 
agenda, and goals of the meeting, with adequate 
time scheduled for introductions and any ceremonial 
proceedings; 
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(2) be structured to allow for meaningful and 
respectful interaction throughout the meeting among 
all meeting participants; and 
(3) conclude with planning for the next meet-
ing, if necessary, as well as confirmation of the 
method of any potential interim communications be-
tween all parties participating in the consultation. 
(e) CONCLUSION OF CONSULTATION WITH A MEMO-
RANDUM OF AGREEMENT.— 
(1) Except as provided by subsection (b), sub-
section (f), and subsection (g), consultation shall 
conclude only upon the execution of a memorandum 
of agreement signed by the head of the agency, or 
lead agency, and the head of the affected Tribal 
Government or the members of the designated Trib-
al Leader Task Force. 
(2) The memorandum of agreement— 
(A) may address multiple activities or reg-
ulatory actions if the activities or regulatory ac-
tions are similar and repetitive in nature, or are 
multistate or regional in scope, or where routine 
management activities are undertaken at Fed-
eral installations, facilities, or other land man-
agement units; 
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(B) may establish standard processes for 
certain categories of activities and regulatory 
actions determined through consultation and 
defined in the memorandum of agreement; 
(C) shall, in the case of a proposed activ-
ity— 
(i) include a provision for monitoring 
and reporting on the implementation of the 
activity; 
(ii) include provisions for reconsider-
ation if the activity has not been completed 
within a specified time; and 
(iii) include provisions to address new 
discoveries, which may include halting the 
activity and returning to the consultation 
stage. 
(3) The signed memorandum of agreement may 
be amended at any time by the joint approval of all 
signatories. 
(f) CONCLUSION
OF CONSULTATION WITHOUT
A 
MEMORANDUM OF AGREEMENT.— 
(1) The agency, or lead agency, shall make a 
good faith effort through sustained interaction and 
collaboration to reach a consensus resulting in a 
memorandum of agreement. 
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(2) If, after a good faith effort, the agency, or 
lead agency, determines that further consultation 
will not be productive, it may conclude consultation 
by providing the Tribal Government with a written 
notification and explanation for its decision, includ-
ing identification of any legal, policy, or factual bar-
riers that prevented the agency from reaching agree-
ment with the affected Tribal Government, signed by 
the head of the agency, or lead agency, which shall 
be made part of the official consultation record as 
described in section 301(a). 
(g) TRIBAL WITHDRAWAL FROM CONSULTATION.— 
An affected Tribal Government may at any point decide 
to withdraw from the consultation process. In such case, 
the agency, or lead agency, shall provide the affected Trib-
al Government with the opportunity to submit a written 
statement, explanation, or comment on the consultation 
proceedings that will become part of the official consulta-
tion record as described in section 301(a). 
SEC. 203. DECISION STAGE FOR PROPOSED ACTIVITY. 
(a) PROPOSAL DOCUMENT.—Upon completion of the 
consultation stage pursuant to section 202, the agency, 
or lead agency, shall— 
(1) compile a proposal document consisting of 
the plan for the proposed activity, its anticipated 
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Tribal impacts, and any signed memorandum of 
agreement; 
(2) include sufficient supporting documentation 
to the extent permitted by law to enable any review-
ing parties to understand its basis; 
(3) transmit, via the agency’s standard method 
of communication, a copy of the proposal document 
to the affected Tribal Governments, including those 
that withdrew from the process; 
(4) follow up within 5 business days to ensure 
receipt of the proposal document by all intended re-
cipients; 
(5) if the proposal document was not received 
by an intended recipient, retransmit all material via 
a form of communication that is suitable to the re-
cipient; and 
(6) after the verified receipt of the proposal 
document by all intended recipients, the proposal 
document shall be published in the Federal Register, 
excluding all information designated as sensitive by 
a Tribal Government pursuant to section 502. 
(b) PUBLIC COMMENT PERIOD.—The agency, or lead 
agency, shall provide a period of not less than 90 days 
after publication of the proposal document in the Federal 
Register for public comment. A 30-day extension of the 
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90-day period shall be automatically granted upon request 
by an affected Tribal Government. 
(c) PRELIMINARY DECISION DOCUMENT.—After ex-
piration of the public comment period pursuant to sub-
section (b), the agency, or lead agency, shall prepare a 
preliminary decision letter, signed by the head of the agen-
cy, or lead agency, that shall— 
(1) state the decision to proceed or not proceed 
with the activity; 
(2) state the rationale for the decision; 
(3) list any changes to the proposed activity 
made in response to the comments filed pursuant to 
subsection (b); 
(4) specifically address any points where the de-
cision conflicts with the request of an affected Tribal 
Government, including a detailed explanation of why 
the request was disregarded; 
(5) transmit, via the agency’s standard method 
of communication, a copy of the preliminary decision 
letter to the affected Tribal Governments, including 
those that withdrew from the process; 
(6) follow up within 5 business days to ensure 
receipt of the preliminary decision letter by all in-
tended recipients; and 
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(7) if the preliminary decision letter was not re-
ceived by an intended recipient, retransmit the mate-
rial via a form of communication that is suitable to 
the recipient. 
(d) TRIBAL RESPONSE PERIOD.—The agency, or 
lead agency, shall provide a period of no less than 45 days 
after issuance of the preliminary decision letter for a re-
sponse by an affected Tribal Government. 
(e) FINAL DECISION DOCUMENT.—After expiration 
of the Tribal Response Period pursuant to subsection (d), 
the agency, or lead agency, shall prepare a letter stating 
the final decision of the agency, signed by the head of the 
agency, or lead agency, that shall— 
(1) state the decision to proceed or not proceed 
with the activity; 
(2) state the rationale for the decision; 
(3) list any changes to the preliminary decision 
in response to comments received from an affected 
Tribal Government pursuant to subsection (d); 
(4) specifically address any points where the 
final decision conflicts with the request of an af-
fected Tribal Government, including a detailed ex-
planation of why the request was disregarded; 
(5) transmit, via the agency’s standard method 
of communication, a copy of the final decision letter 
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to the affected Tribal Governments, including those 
that withdrew from the process; 
(6) follow up after 5 business days to ensure re-
ceipt of the final decision letter by all intended re-
cipients; and 
(7) if the final decision letter was not received 
by an intended recipient, retransmit the material via 
a form of communication that is suitable to the re-
cipient. 
(f) PUBLICATION
OF LETTER.—The agency shall 
make public the final decision letter, excluding all informa-
tion designated as sensitive by a Tribal Government pur-
suant to section 502. 
SEC. 204. DECISION STAGE FOR PROPOSED REGULATORY 
ACTION. 
(a) DECISION DOCUMENT.—Upon completion of the 
consultation stage pursuant to section 202, the agency, 
or lead agency, shall prepare a decision letter, signed by 
the head of the agency, or lead agency, that shall— 
(1) state the decision to proceed or not proceed 
with the proposed regulatory action; 
(2) state the rationale for the decision; 
(3) list any changes to the proposed regulatory 
action made at the request of an affected Tribal 
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Government during the consultation process as out-
lined in section 202; 
(4) specifically address any points where the de-
cision conflicts with the request of an affected Tribal 
Government, along with a detailed explanation of 
why the request was disregarded; 
(5) transmit, via the agency’s standard method 
of communication, a copy of the decision letter to 
the affected Tribal Governments, including those 
that withdrew from the process; 
(6) follow up within 5 business days to ensure 
receipt of the decision letter by all intended recipi-
ents; and 
(7) if the decision letter was not received by an 
intended recipient, retransmit the material via a 
form of communication that is suitable to the recipi-
ent. 
(b) PUBLICATION IN FEDERAL REGISTER.—The de-
cision letter shall be published in the Federal Register 
alongside the final decision on the regulatory action, ex-
cluding all information designated as sensitive by a Tribal 
Government pursuant to section 502. 
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TITLE III—DOCUMENTATION 
AND REPORTING 
SEC. 301. DOCUMENTATION AND REPORTING. 
(a) OFFICIAL CONSULTATION RECORD.—The agen-
cy, or lead agency, shall— 
(1) keep an official consultation record that al-
lows accurate tracking of the process so that the 
agency and all consulting parties can correct any er-
rors or omissions, and provides an official record of 
the process that can be referred to in any litigation 
that may arise; 
(2) document all efforts to initiate consultation 
as well as documenting the process once it has 
begun, such as correspondence, telephone logs, and 
emails; 
(3) keep notes so that the consultation record 
documents the content of consultation meetings, site 
visits, and phone calls in addition to information 
about dates and who participated; 
(4) include all documentation in the official con-
sultation record; and 
(5) ensure that all information designated as 
sensitive by a Tribal Government pursuant to sec-
tion 502 is kept confidential. 
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(b) 
PAYMENT
FOR
TRIBAL
DOCUMENTATION 
WORK.—If the agency, or lead agency, asks a Tribal Gov-
ernment for specific information or documentation that in 
any way fulfills the duties of the agency in a role similar 
to that of a consultant or contractor, then the agency, or 
lead agency, must pay for such services, if so requested 
by the Tribal Government, as it would for any private con-
sultant or contractor. 
(c) REPORT TO CONGRESS.—Each agency shall sub-
mit a biennial report on its consultation activities to Con-
gress, including outcomes. 
TITLE IV—IMPLEMENTATION 
AND TRAINING 
SEC. 401. DESIGNATED AGENCY OFFICIAL. 
No later than 90 days after the date of the enactment 
of this Act— 
(1) the head of each agency shall designate an 
official with principal responsibility for the agency’s 
implementation of this Act; and 
(2) each bureau or office within the agency 
shall designate one or more officials with the respon-
sibility to work with the principal agency official on 
implementation of this Act. 
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SEC. 402. CONSULTATION POLICY. 
No later than 180 days after enactment of this Act, 
the designated agency official shall submit to the Office 
of Management and Budget a description of the agency’s 
consultation policy, including all designated agency offi-
cials, in conformity with this Act. 
SEC. 403. TRAINING. 
Each agency shall design training for staff aimed at 
improving the agency’s capacity for interacting with Trib-
al Governments and executing the consultation process. 
The training shall— 
(1) promote consultation, communication, col-
laboration, and other interactions with Tribal Gov-
ernments; 
(2) outline and reinforce the agency duties con-
cerning Tribal interests; and 
(3) strengthen the understanding of the United 
States government-to-government relationship with 
Tribal Governments. 
TITLE V—TRIBAL SOVEREIGNTY 
SEC. 501. TRIBAL SOVEREIGNTY. 
(a) IN GENERAL.—Agencies shall recognize and re-
spect Tribal self-government and sovereignty, honor Tribal 
treaty and other rights, and strive to meet the responsibil-
ities that arise from the unique legal relationship between 
the Federal Government and Tribal Governments. 
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(b) MAXIMUM TRIBAL ADMINISTRATIVE DISCRE-
TION.—With respect to Federal statutes and regulations 
administered by Tribal Governments, the Federal Govern-
ment shall grant Tribal Governments the maximum ad-
ministrative discretion possible. 
(c) ALTERNATIVES
TO FEDERAL REGULATION.— 
With respect to the formulation and implementation of 
policies that have an impact on Tribal matters, agencies 
shall— 
(1) encourage Tribal Governments to develop 
their own policies to achieve program objectives; 
(2) when possible, defer to Tribal Governments 
to establish standards; and 
(3) in determining whether to establish Federal 
standards, consult with Tribal Governments as to 
the need for Federal standards and any alternatives 
that would limit the scope of Federal standards or 
otherwise preserve the prerogatives and authority of 
Tribal Governments. 
SEC. 502. SENSITIVE TRIBAL INFORMATION. 
Notwithstanding chapter 7 of title 5, United States 
Code (commonly known as the Administrative Procedure 
Act), consultation meetings shall be closed to the public 
at the request of the Tribal Government. Notwithstanding 
section 552 of title 5, United States Code (commonly 
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known as the Freedom of Information Act), all informa-
tion designated by the Tribal Government as sensitive, 
such as the location of sacred sites or other details of cul-
tural or religious practices, shall be deleted from any pub-
lic publication made as part of the consultation process 
or in the process of carrying out the activity. Once infor-
mation has been designated as sensitive, the agency will 
determine in consultation with the Tribal Government who 
may have access to the information for the purposes of 
carrying out the activity. 
TITLE VI—JUDICIAL REVIEW 
SEC. 601. JUDICIAL REVIEW. 
A Tribal Government may seek judicial review of a 
determination of an agency under this Act in accordance 
with subchapter II of chapter 5 of title 5, United States 
Code, and chapter 7 of title 5, United States Code (com-
monly known as the Administrative Procedure Act), if the 
Tribal Government has exhausted all other administrative 
remedies available to the Tribal Government. 
Æ 
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