Requirements, Expectations, and Standard Procedures for Effective Consultation with Tribes Act

Bill: 117-hr-3587
Sponsor: Rep. Grijalva, Raúl M. [D-AZ-3]
Introduced: 2021-05-28 in the House
Policy area: Native Americans
Subjects: Administrative law and regulatory procedures
Congressional oversight
Federal-Indian relations
Freedom of information
Government information and archives
Historical and cultural resources
Indian lands and resources rights
Land use and conservation

Summary:
action_date: 2021-05-28
text: 

Requirements, Expectations, and Standard Procedures for Effective Consultation with Tribes Act or the RESPECT Act

 
This bill establishes tribal consultation procedures for federal agencies.
 
Specifically, the bill requires federal agencies to consult with tribal governments (1) before undertaking any proposed federal activity or finalizing any federal regulatory action that may have a tribal impact, and (2) for all activities that would affect any part of federal land sharing a border with Indian land. 
Tribal impact
 refers to any federal action that may have an impact on tribal governments, including tribal cultural practices and tribal treaty-protected rights.
 
Agencies must prepare tribal impact statements to identify potential tribal impacts of a proposed activity or action. Agencies must also make a good faith effort to identify areas that contain sacred sites important to tribal governments.
 
The bill further outlines consultation requirements, including outreach and meeting arrangements. In general, the consultation shall conclude only upon the execution of a memorandum of agreement between the agency and the tribal government or the members of a designated tribal leader task force.
 
Next, the bill requires agencies to take certain actions during the decision stage for a proposed activity (e.g., public comment) and for a regulatory action.
 
Agencies must recognize and respect tribal self-government and sovereignty and grant tribal governments maximum discretion in the administration of federal statutes and regulations.
 
Tribal governments may seek judicial review of a determination of an agency under this bill if the tribal government has exhausted all other administrative remedies.


Legislative actions:
action_date: 2022-11-01
text: Referred to the Subcommittee on Antitrust, Commercial, and Administrative Law.
action_date: 2021-06-28
text: Referred to the Subcommittee for Indigenous Peoples of the United States.
action_date: 2021-05-28
text: 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.
action_date: 2021-05-28
text: 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.
action_date: 2021-05-28
text: Introduced in House
action_date: 2021-05-28
text: Introduced in House
action_date: 2021-05-20
text: Hearings Held by the Subcommittee for Indigenous Peoples of the United States Prior to Introduction and Referral.