Sec. 109. Rule establishing Tribal consultation policy
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Title VIII of the Indian Health Care Improvement Act ( 25 U.S.C. 1671 et seq. ) (as amended by section 108) is amended by adding at the end the following: Not later than December 31, 2023, the Secretary shall establish, and once every 5 years thereafter, the Secretary shall update, after meaningful consultation with representatives of affected Indian tribes, a rule establishing a Tribal consultation policy for the Service. The policy established under the rule under subsection
(a)shall— update, and replace, the Tribal consultation policy established under Circular No. 2006–01 of the Service (or any successor policy); and include— a process for determining when and how the Service will notify Indian tribes of the availability of meaningful consultation; a determination of which actions or agency decisions by the Service will trigger a requirement for meaningful consultation with Indian tribes; and a determination of which actions constitute meaningful consultation with Indian tribes. .
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Sec. 109
Rule establishing Tribal consultation policy
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