sultation partners with a written notification and expla-
nation for its decision, signed by the head of the agency, 
and proceed to the decision stage procedures described in 
section 104. 
(d) SCOPING STAGE CONSULTATION MEETING.—A 
scoping stage consultation meeting shall begin with con-
firmation of the format, facilitator, and agenda, with ade-
quate time scheduled for introductions and for interaction 
throughout the meeting among participants. Whenever 
possible, Tribal stakeholders shall be brought into the on-
going planning process directly by forming ad hoc 
workgroups (including Tribal leaders or their designees) 
and, if appropriate, initiating a process for consensual de-
velopment of regulations, such as negotiated rulemaking. 
A scoping stage consultation meeting shall conclude with 
planning for the next meeting, if necessary. 
(e) TERMINATION OF SCOPING STAGE CONSULTA-
TION WITH A MEMORANDUM OF AGREEMENT.— 
(1) TERMINATION.—Except as provided by sub-
section (c), scoping stage consultation shall termi-
nate upon the execution of a memorandum of agree-
ment signed by the head of the agency and the af-
fected Indian Tribal Governments. 
(2) SIGNATORIES.—The affected Indian Tribal 
Governments and the agency may jointly invite addi-
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tional parties to be signatories of the memorandum 
of agreement. The signatories have sole authority to 
execute, amend, or terminate the memorandum of 
agreement. If any signatory determines that the 
terms of the memorandum of agreement cannot be 
or are not being carried out, the signatories shall 
consult to seek amendment of the memorandum of 
agreement. If the memorandum of agreement is not 
amended, any signatory may terminate the agree-
ment, with the option to return to scoping stage con-
sultation. The agency shall provide all nonsignatory 
consulting partners with the opportunity to submit 
a written statement, explanation, or comment on the 
consultation proceedings that shall become part of 
the agency’s official consultation record. 
(3) MOA.—The memorandum of agreement— 
(A) may address multiple activities if the 
activities are similar and repetitive 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; 
(B) may establish standard processes for 
certain categories of activities determined 
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through consultation and defined in the memo-
randum of agreement; 
(C) shall include a provision for monitoring 
and reporting on its implementation; 
(D) shall include provisions for termination 
or reconsideration if the activity has not been 
completed within a specified time; and 
(E) shall include provisions to address new 
discoveries, which may include halting the activ-
ity and returning to scoping stage consultation. 
(f) TERMINATION OF SCOPING STAGE CONSULTA-
TION WITHOUT A MEMORANDUM OF AGREEMENT.—The 
agency shall make a good faith effort through sustained 
interaction and collaboration to reach a consensus result-
ing in a memorandum of agreement. If, after a good faith 
effort, the agency determines that further consultation will 
not be productive, it may terminate consultation by pro-
viding all consultation partners with a written notification 
and explanation for its decision, signed by the head of the 
agency, and proceed to the decision stage procedures de-
scribed in section 104. The affected Indian Tribal Govern-
ments may at any point decide to terminate consultation. 
In such case, the agency shall provide the affected Indian 
Tribal Governments with the opportunity to submit a writ-
ten statement, explanation, or comment on the consulta-
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tion proceedings that will become part of the agency’s offi-
cial consultation record. 
SEC. 104. DECISION STAGE PROCEDURES. 
(a) PROPOSAL DOCUMENT.—The agency shall com-
pile a document consisting of the plan for the activity, its 
anticipated Tribal impacts, any memorandum of agree-
ment, and any written statements made by consulting 
partners during the scoping stage as described in section 
103. The agency shall include sufficient supporting docu-
mentation to the extent permitted by law and within avail-
able funds to enable any reviewing parties to understand 
its basis. The agency may use documentation prepared to 
comply with other laws to fulfill the requirements of this 
provision to the extent that such documentation is suffi-
ciently pertinent to and focused on the relevant issues as 
to allow reasonable ease of review. The agency shall mail 
and, if possible, email a copy of the Proposal Document 
to all affected Indian Tribal Governments, including those 
that withdrew from the process. At a minimum, the docu-
ment shall go to the Tribal leader and all members of any 
elected Tribal governing body. The agency shall follow up 
to confirm receipt of the document. After these steps have 
been completed, the Proposal Document shall be published 
in the Federal Register, subject to the provisions of section 
107. 
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(b) PUBLIC COMMENT PERIOD.—The agency shall 
provide a period of not less than 90 days after publication 
in the Federal Register for comments on the Proposal 
Document. A 30-day extension shall be granted upon re-
quest by any member of any of the affected Indian Tribal 
governing bodies. 
(c) PRELIMINARY DECISION.—After expiration of the 
comment period, the agency shall prepare a preliminary 
decision letter, signed by the head of the agency. The let-
ter shall state the decision to proceed or not proceed with 
the activity, the decision’s rationale, any changes in the 
proposal made in response to comments, and any points 
where the decision conflicts with the expressed requests 
of any of the affected Indian Tribes. It shall particularly 
address why the decision was made to disregard any such 
requests. The agency shall mail and, if possible, email a 
copy of the letter to all affected Indian Tribal Govern-
ments, including those that withdrew from the process. At 
a minimum, the letter shall go to the Tribal leader and 
all members of the Tribal governing body. The agency 
shall follow up to confirm receipt of the letter. 
(d) FINAL DECISION.—The agency shall provide a 
60-day period following the issuance of the preliminary de-
cision letter for response by the affected Indian Tribes. 
Thereafter, the agency shall notify in writing, signed by 
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