Sec. 205. Documentation and reporting
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/bill/116/hr/2579/rh/section-205·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The agency shall keep an official consultation record that allows accurate tracking of the process so that agencies and consulting parties can correct any errors or omissions, and provides an official record of the process that can be referred to in any litigation that may arise. The agency shall document all efforts to initiate consultation as well as documenting the process once it has begun. Such documentation, including correspondence, telephone logs, and emails, shall be included in the agency’s official consultation record.
The agency shall also keep notes so that the consultation record documents the content of consultation meetings, site visits, and phone calls in addition to information about dates and who participated. If the agency asks an Indian Tribe for specific information or documentation regarding the location, nature, and condition of individual sites, to conduct a survey, or in any way fulfill the duties of the agency in a role similar to that of a consultant or contractor, then the agency must pay for such services, if so requested by the Indian Tribe, as it would for any private consultant or contractor.
An Indian Tribe may select a contractor to perform such work on its behalf, to be paid for by the agency. Each agency shall on a biennial basis submit to Congress a report on its consultation activities.