Section 1 Short title
Short title— This Act may be cited as the “Requirements, Expectations, and Standard Procedures for Effective Consultation with Tribes Act” or the “RESPECT Act”.
Requirements, Expectations, and Standard Procedures for Effective Consultation with Tribes Act
A BILL
To prescribe procedures for effective consultation and coordination by Federal agencies with federally recognized Tribal Governments regarding Federal Government actions that impact Tribal lands and interests to ensure that meaningful Tribal input is an integral part of the Federal decision-making process.
Sec. 2 Table of contents
The table of contents for this Act is as follows:
Sec. 3 Findings and purposes
Findings— Congress finds that—
the United States has a unique, legally affirmed government-to-government relationship with 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 Tribal Governments to self-govern and supports Tribal sovereignty and self-determination;
the United States, through treaties, statutes, and historical relations, has defined a unique trust relationship and responsibility to protect and support Tribal Governments;
owing to this trust relationship, the United States has a responsibility to consult with Tribal Governments on a government-to-government basis when formulating policies and undertaking activities that may have impacts on Tribal lands and interests;
procedures for such consultation should be designed and structured to give Tribal Governments the opportunity to provide meaningful, informed input throughout the development and decision-making processes;
increasing Federal and Tribal capacities for effective consultation while building institutional knowledge fosters greater efficiency and will benefit future actions;
the consultation process should be formalized according to best practices that are designed and administered by the agency and that fulfill the legal requirements mandated by this Act;
consulting with Tribal Governments 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 Tribal Governments.
Purposes— The purposes of this Act are—
to establish and support a process of regular, meaningful consultation and collaboration with Tribal Governments in the initiation of Federal activities and the development of Federal policies and regulations that impact Tribal lands and interests;
to strengthen the United States government-to-government relationship with Tribal Governments; and
to establish minimum standard procedures to ensure the above goals are achieved.
Sec. 4 Sense of Congress
It is the sense of Congress that—
consultation constitutes more than simply notifying an Tribal Government about a planned undertaking;
effective, meaningful consultation requires a two-way exchange of information, a willingness to listen, an attempt to understand and to 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 and when Federal agencies accommodate Tribal concerns to the extent feasible and consistent with applicable law.
Sec. 5 Definitions
For the purposes of this Act:
Activity— The term activity means any plan, project, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including—
those carried out by or on behalf of an agency;
those carried out with Federal financial assistance;
those requiring a Federal permit, license, or approval; and
those subject to state or local regulation administered pursuant to a delegation or approval by a Federal agency.
Agency— The term agency means any authority of the United States that is an agency under section 551 of title 5, United States Code.
Lead agency— The term lead agency means a designated agency that will fulfill the collective consultation responsibilities under this Act if more than one agency is involved in an activity or regulatory action. Any agency that does not designate a lead agency shall remain individually responsible for the consultation responsibilities of that agency under this Act.
Memorandum of agreement— The term memorandum of agreement means a document that records the terms and conditions agreed upon by an agency, or lead agency, and a Tribal Government or designated Tribal Leader Task Force through the consultation process regarding an activity or regulatory action.
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 that may have impacts on Tribal lands and interests.
Regulatory action— The term regulatory action means any regulation, policy, guidance, or grant funding formula change that is proposed by an agency.
Sacred site— The term sacred site means any geophysical or geographical area or feature that is identified by a Tribal Government—
as sacred by virtue of its established religious significance to, or ceremonial use by, a Tribal religion; or
to be of established cultural significance.
Standard method of communication— The term standard method of communication means the mode of communication that the agency uses in the typical course of communicating with persons outside the Federal Government.
Standard process— The term standard process means a process for Federal agency and Tribal Government interactions agreed to by both parties through consultation and certified in a memorandum of agreement that applies to certain specified activities or regulatory actions, or to limited categories of activities or regulatory actions.
Tribal Government— The term Tribal Government means the governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
Tribal impact— The term Tribal impact means any Federal action that may have an impact on one or more Tribal Governments on matters, including—
Tribal cultural practices, lands, resources, or access to traditional areas of cultural or religious importance;
Tribal treaty-protected rights;
the ability of a Tribal Government to govern or provide services to its members;
a Tribal Government’s formal relationship with the Federal Government; or
the consideration of the Federal Government’s trust responsibility to Tribal Governments.
Tribal leader task force— The term Tribal Leader Task Force means a task force that is collaboratively determined by affected Tribal Governments.