Requirements, Expectations, and Standard Procedures for Executive Consultation with Tribes Act
A BILL
To prescribe procedures for effective consultation and coordination by Federal agencies with federally recognized Indian tribes regarding Federal Government activities that impact tribal lands and interests to ensure that meaningful tribal input is an integral part of the Federal decisionmaking process.
Sec. 2 Findings and purposes
Findings— The Congress finds that—
the United States has a unique, legally affirmed government-to-government relationship with Indian tribal governments as set forth in the Constitution of the United States, treaties, statutes, Executive orders, and court decisions;
the United States recognizes the right of Indian tribes to self-government and supports tribal sovereignty and self-determination;
the United States has enacted numerous statutes and promulgated numerous regulations that establish and define a trust relationship with Indian tribes;
the United States has a responsibility to consult with Indian tribes on a government-to-government basis when formulating policies and undertaking activities that will have impacts on tribal lands and interests;
procedures for such consultation should be designed and structured to give Indian tribes opportunities to provide meaningful, informed input throughout the development and decisionmaking processes;
building institutional knowledge and capacity for effective consultation fosters greater efficiency and benefits for future projects;
the consultation process should be institutionalized according to best practices that are designed and administered by the agency and that fulfill the legal requirements mandated by this Act;
consulting with Indian tribes during the formulation of long-term management plans reduces the likelihood of project delays and increases the efficiency of project implementations; and
effective consultation demands ongoing, respectful communication between agencies and Indian tribes.
Purposes— The purposes of this Act are—
to establish and support a process of regular, meaningful consultation and collaboration with Indian tribes in the development of Federal policies and the initiation of Federal activities that impact tribal lands and interests;
to strengthen the United States government-to-government relationships with Indian tribes;
to establish minimum standard procedures to ensure the above goals are achieved; and
to recognize tribal regulatory authority and jurisdiction generally, and specifically through the waiver process.
Sec. 3 Sense of Congress
It is the sense of the Congress that—
consultation constitutes more than simply notifying an Indian tribe about a planned undertaking;
effective, meaningful consultation requires a two-way exchange of information, a willingness to listen, an attempt to understand and genuinely consider each other’s opinions, beliefs, and desired outcomes, and a seeking of agreement on how to proceed concerning the issues at hand; and
consultation can be considered effective and meaningful when each party demonstrates a genuine commitment to learn, acknowledge, and respect the positions, perspectives, and concerns of the other parties.
Sec. 4 Definitions
For the purposes of this Act:
Indian tribe— The term Indian tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
Agency— The term agency means any authority of the United States that is an “agency” under section 3502(1) of title 44, United States Code.
Activity— The term activity means any agency regulation, rulemaking, policy, guidance, legislative proposal, grant funding formula change, or operational activity that may have a substantial direct effect on an Indian tribe on matters including—
tribal cultural practices, lands, resources, or access to traditional areas of cultural or religious importance on federally managed land;
the ability of an Indian tribe to govern or provide services to its members;
an Indian tribe’s formal relationship with the agency; or
the consideration of the agency's trust responsibilities to Indian tribes.
Sacred Site— The term sacred site means any specific, discrete, narrowly delineated location on Federal land that is identified by an Indian tribe—
as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion; or
to be of established cultural significance.
Memorandum of Agreement— The term memorandum of agreement means a document that records the terms and conditions agreed upon by an agency and an Indian tribe through the consultation process regarding an activity, including any measures to be taken to resolve or mitigate adverse impacts on the Indian tribe.
New Discovery— The term new discovery means any unexpected development that occurs during the course of an activity, such as the discovery of a new archeological site, unanticipated impacts on organisms or ecosystems, or the realization of unintended consequences of a new regulation, that may have impacts on tribal lands and interests.
Standard Process— The term standard process means a streamlined process for agency-Indian tribe interaction agreed to by both parties through consultation and certified in a memorandum of agreement that applies to certain specified activities or limited categories of activities.