(D) That any policies that have tribal im-
plications shall not become effective until at 
least 60 days after written notification to tribal 
officials pursuant to subparagraph (D). 
(2) AGENCY.—The term ‘‘agency’’ means the 
Department of the Interior, the Indian Health Serv-
ice, and the National Indian Gaming Commission. 
(3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
means an Indian or Alaska Native tribe, band, na-
tion, pueblo, village, or community that the Sec-
retary of the Interior acknowledges to exist as an In-
dian tribe pursuant to the Federally Recognized In-
dian Tribe List Act of 1994 (25 U.S.C. 479a). 
(4) POLICIES
THAT
HAVE
TRIBAL
IMPLICA-
TIONS.—The term ‘‘policies that have tribal implica-
tions’’ means any measure by the agency that has 
or is likely to have a direct effect on one or more 
Indian tribes, on the relationship between the Fed-
eral Government and Indian tribes, or on the dis-
tribution of power and responsibilities between the 
Federal Government and Indian tribes, such as reg-
ulations, legislative comments or proposed legisla-
tion, and other policy statements or actions, guid-
ance, clarification, standards, or sets of principles. 
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(5) TRIBAL OFFICIALS.—The term ‘‘tribal offi-
cials’’ means elected or duly appointed officials of 
Indian tribal governments, or their designees. 
SEC. 3. FUNDAMENTAL PRINCIPLES. 
When formulating, amending, implementing, or 
recinding one or more policies that have tribal implica-
tions, an agency shall be guided by the following funda-
mental principles: 
(1) The United States has a unique legal and 
political relationship with Indian tribal governments 
as set forth in the Constitution of the United States, 
treaties, statutes, Executive orders, and court deci-
sions. The Federal Government has enacted numer-
ous statutes and promulgated numerous regulations 
that establish and define a trust relationship with 
Indian tribes. 
(2) Our Nation, under the law of the United 
States, in accordance with treaties, statutes, Execu-
tive orders, and judicial decisions, has recognized the 
right of Indian tribes to self-government. Indian 
tribes exercise inherent sovereign powers over their 
members and territory. The United States continues 
to work with Indian tribes on a government-to-gov-
ernment basis to address issues concerning Indian 
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tribal self-government, tribal trust resources, and In-
dian tribal treaty and other rights. 
(3) The United States recognizes the right of 
Indian tribes to self-government and supports tribal 
sovereignty and self-determination. 
SEC. 4. POLICYMAKING CRITERIA. 
In addition to adhering to the fundamental principles 
set forth in section 3, when formulating, amending, imple-
menting, or recinding one or more policies that have tribal 
implications each agency shall adhere to the following cri-
teria: 
(1) Each agency shall respect Indian tribal self- 
government and sovereignty, honor tribal treaty and 
other rights, and strive to meet the responsibilities 
that arise from the unique legal and political rela-
tionship between the Federal Government and In-
dian tribal governments. 
(2) With respect to Federal statutes and regu-
lations administered by Indian tribal governments, 
each agency shall ensure Indian tribal governments 
the maximum administrative discretion possible. 
(3) Each agency shall— 
(A) encourage Indian tribes to develop 
their own policies to achieve program objectives; 
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(B) to the extent they do not violate other 
applicable laws, defer to Indian tribes to estab-
lish standards; and 
(C) in determining whether to establish 
Federal standards, consult with tribal officials 
as to the need for Federal standards and any 
alternatives that would limit the scope of Fed-
eral standards or otherwise preserve the prerog-
atives and authority of Indian tribes. 
SEC. 5. CONSULTATION. 
Each agency shall have an accountable consultation 
process. 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 im-
plementation of this Act. Not later than 60 days after the 
date of the enactment of this Act, the designated official 
shall submit a description of the agency’s accountable con-
sultation process to the Committee on Natural Resources 
of the House of Representative and the Committee on In-
dian Affairs of the Senate. 
SEC. 6. UNFUNDED MANDATES. 
To the extent practicable and permitted by law, no 
agency shall formulate, amend, or implement any policy 
that has tribal implications that imposes substantial direct 
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compliance costs on Indian tribal governments and is not 
required by Federal law unless— 
(1) funds necessary to pay the substantial di-
rect costs incurred by the Indian tribal government 
or the Indian tribe in complying with the policy are 
provided by the Federal Government; or 
(2) the agency, before the implementation of 
the policy— 
(A) consulted through the accountable con-
sultation process with tribal officials early in 
the process of developing the proposed policy; 
and 
(B) in a separately identified portion of the 
preamble to the policy, provided to the Com-
mittee on Natural Resources of the House of 
Representative, the Committee on Indian Af-
fairs of the Senate, and affected Indian tribes 
a tribal summary impact statement con-
taining— 
(i) a description of the extent of the 
agency’s prior consultation with tribal offi-
cials; 
(ii) a summary of the nature of the 
concerns of the tribal officials and the 
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