Sec. 204. Decision stage procedures
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The agency shall compile a document consisting of the plan for the activity, its anticipated impacts to Tribal interests, any memorandum of agreement, and any written statements made by consulting partners during the scoping stage as described in section 203 xreference . The agency shall include sufficient supporting documentation to the extent permitted by law and within available funds to enable any reviewing parties to understand its basis. The agency may use documentation prepared to comply with other laws to fulfill the requirements of this provision to the extent that such documentation is sufficiently pertinent to and focused on the relevant issues as to allow reasonable ease of review.
The agency shall mail and, if possible, email a copy of the Proposal Document to all affected Indian Tribes and stakeholders, including those that withdrew from the process. At a minimum, the document shall go to the Tribal leader, all members of any elected Tribal governing body, and stakeholders. The agency shall follow up to confirm receipt of the document. After these steps have been completed, the Proposal Document shall be published in the Federal Register, subject to the provisions of section 207 xreference .
The agency shall provide a period of not less than 90 days after publication in the Federal Register for comments on the Proposal Document. A reasonable extension shall be granted upon request of not less than 30 days by any member of any of the affected Indian Tribal governing bodies or a stakeholder. After expiration of the comment period, the agency shall prepare a preliminary decision letter, signed by the head of the agency. The letter shall state the decision to proceed or not proceed with the mineral activity, the decision’s rationale, any changes in the proposal made in response to comments, and any points where the decision conflicts with the expressed requests of any of the affected Indian Tribes or stakeholders.
It shall particularly address why the decision was made to disregard any such requests. The agency shall mail and, if possible, email a copy of the letter to all affected Indian Tribes and stakeholders, including those that withdrew from the process. At a minimum, the letter shall go to the Tribal leader, all members of the Tribal governing body, and stakeholders. The agency shall follow up to confirm receipt of the letter. The agency shall provide a 60-day period following the issuance of the preliminary decision letter for response by the affected Indian Tribes and stakeholders.
Thereafter, the agency shall notify in writing, signed by the head of the agency, the affected Indian Tribes and stakeholders, including those that withdrew from the process, of the agency’s final decision.