Sec. 201. Requirement for consultation
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Agencies shall ensure meaningful and timely consultation with Indian Tribes and Tribal officials prior to undertaking any mineral activities that may have substantial direct, indirect, or cumulative impacts on— the lands, including allotted, ceded, or traditional lands, or interests of an Indian Tribe or a member of an Indian Tribe; any part of any Federal land that shares a border with Indian country, as such term is defined in section 1151 of title 18, United States Code; the relationship between the Federal Government and an Indian Tribe; or the distribution of power and responsibilities between the Federal Government and an Indian Tribe.
If more than one agency is involved in a mineral activity, some or all of the agencies may designate a lead agency, which shall be responsible for fulfilling the consultation required under subsection (a). an agency that does not designate a lead agency shall remain individually responsible for the consultation required under subsection (a). All agencies involved in the mineral activity shall remain involved in and engaged with the consultation process regardless of whether or not a lead agency has been designated.
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 an Indian Tribe.
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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