Sec. 201. Requirement for consultation
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/bill/116/hr/2579/ih/section-201·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Agencies shall have an accountable process to ensure meaningful and timely input by Indian Tribes and Tribal officials prior to undertaking any mineral activities that may have substantial direct impacts on the lands or interests of one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. Consultation with Indian Tribes shall occur for all mineral activities that would affect any part of any Federal land that shares a border with Indian country as defined in section 1151 of title 18, United States Code, but is not limited to mineral activities on such lands.
In the case of agency-drafted proposed legislation, the drafting agency, and any other agency that will be implementing the legislation, shall each be considered involved in the mineral activity. If more than one agency is involved in a mineral activity, some or all of the agencies may designate a lead agency, which shall fulfill their collective consultation responsibilities. Those agencies that do not designate a lead agency shall remain individually responsible for their consultation responsibilities under this Act.
Nothing in this Act shall exempt an agency from additional consultation required under any other law or from taking any other consultative actions as required by any other law or agency prerogative in addition to those required by this Act. Nor does it preclude an agency from additional consultation that complies with agency regulations for consultation, advances agency consultation practices, or supports agency efforts to build or strengthen government-to-government relationships with Indian Tribes.
The agency may temporarily waive the requirements of this title in all or any portion of any emergency area during all or any portion of an emergency period. A temporary waiver under this subsection xreference shall end upon the termination of the applicable emergency period. For the purposes of this subsection xreference — the term emergency area means a geographical area in which there exists an emergency or disaster declared by the President pursuant to the National Emergencies Act ( 50 U.S.C. 1601 et seq.) or the Robert T.
Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq.); and the term emergency period means the period during which there exists an emergency or disaster declared by the President pursuant to the National Emergencies Act ( 50 U.S.C. 1601 et seq.) or the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq.).
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