SEC. 105. DOCUMENTATION AND REPORTING. 
(a) OFFICIAL CONSULTATION RECORD.—The agency 
shall keep an official consultation record that allows accu-
rate tracking of the process so that agencies and con-
sulting parties can correct any errors or omissions, and 
provides an official record of the process that can be re-
ferred to in any litigation that may arise. The agency shall 
document all efforts to initiate consultation as well as doc-
umenting the process once it has begun. Such documenta-
tion, including, but not limited to, correspondence, tele-
phone logs, and emails, shall be included in the agency’s 
official consultation record. The agency shall also keep 
notes so that the consultation record documents the con-
tent of consultation meetings, site visits, and phone calls 
in addition to information about dates and who partici-
pated. 
(b) 
PAYMENT
FOR
TRIBAL
DOCUMENTATION 
WORK.—If the agency asks an Indian tribe for specific 
information or documentation regarding the location, na-
ture, and condition of individual sites, to conduct a survey, 
or in any way fulfill the duties of the agency in a role 
similar to that of a consultant or contractor, then the 
agency must pay for such services, if so requested by the 
Indian tribe, as it would for any private consultant or con-
tractor. 
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(c) REPORT TO CONGRESS.—Each agency shall on a 
biennial basis submit to Congress a report on its consulta-
tion activities. 
SEC. 106. IMPLEMENTATION. 
Not later than 30 days after the date of the enact-
ment of this Act, the head of each agency shall designate 
an official with principal responsibility for the agency’s re-
view of existing consultation and coordination policies and 
procedures, and implementation of this Act. Not later than 
60 days after the effective date of this order, the des-
ignated official shall submit to the Office of Management 
and Budget a description of the agency’s revised consulta-
tion process in conformity with this Act. 
SEC. 107. SENSITIVE TRIBAL INFORMATION. 
Notwithstanding any provision of the Administrative 
Procedures Act, consultation meetings shall be closed to 
the public at the request of the Indian tribal government. 
Notwithstanding any provision of the Freedom of Infor-
mation Act, all information designated by the Indian tribe 
as sensitive, such as the location of Sacred Sites or other 
details of cultural or religious practices, shall be deleted 
from any public publication made as part of the consulta-
tion process or in the process of carrying out the activity. 
Once information has been designated as sensitive, the 
agency will determine in consultation with the Indian tribe 
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who may have access to the information for the purposes 
of carrying out the activity. 
TITLE II—TRIBAL SOVEREIGNTY 
SEC. 201. TRIBAL SOVEREIGNTY. 
(a) IN GENERAL.—Agencies shall recognize and re-
spect Indian tribal self-government and sovereignty, honor 
tribal treaty and other rights, and strive to meet the re-
sponsibilities that arise from the unique legal relationship 
between the Federal Government and Indian tribal gov-
ernments. 
(b) MAXIMUM TRIBAL ADMINISTRATIVE DISCRE-
TION.—With respect to Federal statutes and regulations 
administered by Indian tribal governments, the Federal 
Government shall grant Indian tribal governments the 
maximum administrative discretion possible. 
(c) ALTERNATIVES
TO FEDERAL REGULATION.— 
When undertaking to formulate and implement policies 
that have tribal implications, agencies shall— 
(1) encourage Indian tribes to develop their own 
policies to achieve program objectives; 
(2) where possible, defer to Indian tribes to es-
tablish standards; and 
(3) in determining whether to establish Federal 
standards, consult with tribal officials as to the need 
for Federal standards and any alternatives that 
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would limit the scope of Federal standards or other-
wise preserve the prerogatives and authority of In-
dian tribes. 
TITLE III—INDIAN TRIBAL 
WAIVERS 
SEC. 301. INDIAN TRIBAL WAIVERS. 
(a) APPLICATION PROCESSES.—Agencies shall review 
the processes under which Indian tribes apply for waivers 
of statutory and regulatory requirements and take appro-
priate steps to streamline those processes. 
(b) GRANTING MAXIMUM TRIBAL LATITUDE.—Each 
agency shall, to the extent practicable and permitted by 
law, consider any application by an Indian tribe for a waiv-
er of statutory or regulatory requirements in connection 
with any program administered by the agency with a gen-
eral view toward increasing opportunities for utilizing 
flexible policy approaches at the Indian tribal level. Max-
imum tribal latitude shall be granted in cases in which 
the proposed waiver is consistent with the applicable Fed-
eral policy objectives and is otherwise appropriate. 
(c) DECISION TIMELINE.—Each agency shall, to the 
extent practicable and permitted by law, render a decision 
upon a complete application for a waiver within 120 days 
of receipt of such application by the agency, or as other-
wise provided by law or regulation. If the application for 
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waiver is not granted, the agency shall provide the appli-
cant with timely written notice of the decision and the rea-
sons therefor. 
(d) LIMITATION.—This section applies only to statu-
tory or regulatory requirements that are discretionary and 
subject to waiver by the agency. 
TITLE IV—JUDICIAL REVIEW 
SEC. 401. JUDICIAL REVIEW. 
An Indian tribe may seek judicial review of a deter-
mination 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 (commonly 
known as the ‘‘Administrative Procedure Act’’), if the In-
dian tribe has exhausted all other administrative remedies 
available to the Indian tribe. 
Æ 
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