113 HR 1600 IH: Requirements, Expectations, and Standard Procedures for Executive Consultation with Tribes Act
U.S. House of Representatives
2013-04-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.Short title; table of
contents; findings; declaration of goals; definitions
(a)This Act may be cited
as the Requirements, Expectations, and
Standard Procedures for Executive Consultation with Tribes
Act
or the RESPECT Act
.
(b)The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents; findings; declaration
of goals; definitions.
Title I—SENSE OF CONGRESS
Sec. 101. Sense of Congress.
Title II—CONSULTATION PROCEDURE
Sec. 201. Requirement for consultation.
Sec. 202. Timing.
Sec. 203. Scoping stage consultation.
Sec. 204. Decision stage procedures.
Sec. 205. Documentation and reporting.
Sec. 206. Implementation.
Sec. 207. Sensitive tribal information.
Title III—TRIBAL SOVEREIGNTY
Sec. 301. Tribal sovereignty.
Title IV—INDIAN TRIBAL WAIVERS
Sec. 401. Indian tribal waivers.
Title V—JUDICIAL REVIEW
Sec. 501. Judicial review.
(c)Congress
finds that—
(1)the United States
has a unique, legally affirmed government-to-government relationship with
Indian tribal governments as set forth in the Constitution of the United
States, treaties, statutes, Executive orders, and court decisions;
(2)the United States
recognizes the right of Indian tribes to self-government and supports tribal
sovereignty and self-determination;
(3)the United States
has enacted numerous statutes and promulgated numerous regulations that
establish and define a trust relationship with Indian tribes;
(4)the United States
has a responsibility to consult with Indian tribes on a
government-to-government basis when formulating policies and undertaking
activities that will have impacts on tribal lands and interests;
(5)procedures for
such consultation should be designed and structured to give Indian tribes
opportunities to provide meaningful, informed input throughout the development
and decisionmaking processes;
(6)building
institutional knowledge and capacity for effective consultation fosters greater
efficiency and benefits for future projects;
(7)the consultation
process should be institutionalized according to best practices that are
designed and administered by the agency and that fulfill the legal requirements
mandated by this Act;
(8)consulting with
Indian tribes during the formulation of long-term management plans reduces the
likelihood of project delays and increases the efficiency of project
implementations; and
(9)effective
consultation demands ongoing, respectful communication between agencies and
Indian tribes.
(d)The goals of this Act are—
(1)to establish and
support a process of regular, meaningful consultation and collaboration with
Indian tribes in the development of Federal policies and the initiation of
Federal activities that impact tribal lands and interests;
(2)to strengthen the
United States government-to-government relationships with Indian tribes;
(3)to establish
minimum standard procedures to ensure the above goals are achieved; and
(4)to recognize
tribal regulatory authority and jurisdiction generally, and specifically
through the waiver process.
(e)For
the purposes of this Act:
(1)The term Indian tribe means an Indian or
Alaska Native tribe, band, nation, pueblo, village, or community that the
Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to
the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a),
including all tribes that have been added to the list since the Act became
law.
(2)The
term agency means any authority of the United States that is an
agency
under section 3502(1) of title 44, United States
Code.
(3)The
term activity means a project, program, policy or other action
including, infrastructure projects, regulations, program comments by Federal
entities, and agency-drafted proposed legislation, that is funded in whole or
in part under the direct or indirect jurisdiction of an agency, including those
carried out by or on behalf of an agency; those carried out with Federal
financial assistance; or those requiring a Federal permit, license, or
approval.
(4)The term sacred site means any specific,
discrete, narrowly delineated location on Federal land that is identified by an
Indian tribe—
(A)as sacred by
virtue of its established religious significance to, or ceremonial use by, an
Indian religion; or
(B)to be of
established cultural significance.
(5)The term memorandum of agreement means a
document that records the terms and conditions agreed upon by an agency and an
Indian tribe through the consultation process regarding an activity, including
any measures to be taken to resolve or mitigate adverse impacts on the Indian
tribe.
(6)The term new discovery means any
unexpected development that occurs during the course of an activity, such as
the discovery of a new archeological site, unanticipated impacts on organisms
or ecosystems, or the realization of unintended consequences of a new
regulation, that may have impacts on tribal lands and interests.
(7)The term standard process means a
streamlined process for agency-Indian tribe interaction agreed to by both
parties through consultation and certified in a memorandum of agreement that
applies to certain specified activities or limited categories of
activities.
<enum>I</enum><header>SENSE
OF CONGRESS</header>
<section id="H90DBD809919E417993F56E12860B8D37"><enum>101.</enum><header>Sense of
Congress</header><text display-inline="no-display-inline">It is the sense of
Congress that consultation constitutes more than simply notifying an Indian
tribe about a planned undertaking. Consultation entails a process of open,
ongoing communication, interaction and coordination that may include written
correspondence, meetings, telephone conferences, site visits, e-mails, on-line
information sharing, consensual mechanisms for developing regulations including
negotiated rulemaking, and more. Consultation means the process of seeking,
discussing, and considering the views of other participants, and, where
feasible, seeking agreement with them regarding proposed activities and other
matters. Mutual understanding and respect is the basis of effective, meaningful
consultation. Effective, meaningful consultation requires a two-way exchange of
information, a willingness to listen, an attempt to understand and genuinely
consider each other’s opinions, beliefs, and desired outcomes, and a seeking of
agreement on how to proceed concerning the issues at hand. Effective,
meaningful consultation does not guarantee such agreement, but at a minimum
contributes to the building of relationships based on mutual respect and
understanding. Consultation can be considered effective and meaningful when
each party demonstrates a genuine commitment to learn, acknowledge and respect
the positions, perspectives, and concerns of the other parties. Ultimately,
effective, meaningful consultation means collaboration.</text>
</section><enum>II</enum><header>CONSULTATION
PROCEDURE</header>
<section id="HA6A1468F493D4F26B10820809DC06C46"><enum>201.</enum><header>Requirement for
consultation</header>
<subsection id="H20E060FA1A5A4258828944B1372A843F"><enum>(a)</enum><header>Scope</header><text>Agencies
shall have an accountable process to ensure meaningful and timely input by
Indian tribes and tribal officials prior to undertaking any activity 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 activities that would affect any part of any Federal land that shares a
border with Indian country as defined in <external-xref legal-doc="usc" parsable-cite="usc/18/1151">section 1151</external-xref> of title 18, United
States Code, but is not limited to activities on such lands.</text>
</subsection><subsection id="H64D96DB660EC47F18FE1B5B5007A2D17"><enum>(b)</enum><header>Multi-Agency
activities</header><text>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 activity. If more than
one agency is involved in an 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.</text>
</subsection><subsection id="H39CE64558FA746C8AB2E8DE4866B6505"><enum>(c)</enum><header>Limitation</header><text>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 requirements of this Act supplement, but
do not replace, other consultation requirements such as the Federal Energy
Regulatory Commission regulations for license applicants.</text>
</subsection></section><section id="HFF2D8C22BC0048AB887EA37F1B8675F4"><enum>202.</enum><header>Timing</header><text display-inline="no-display-inline">Consultation as described in sections 203
and 204 shall be completed prior to the expenditure of any Federal funds on the
activity or prior to the issuance of any license other than for funding
nondestructive project planning activities provided that such actions do not
restrict the subsequent consideration of alternatives to avoid, minimize, or
mitigate the activity’s adverse tribal impacts.</text>
</section><section id="H1A37EB6663D048D492DDA8B4691EBDC8"><enum>203.</enum><header>Scoping stage
consultation</header>
<subsection id="HE6DCBA9DF3AF405CA06BE6E126963E1C"><enum>(a)</enum><header>Planning
document</header><text>As early as possible in the planning stage of an
activity, the agency shall compile a draft of the scope of the project,
including any geographic areas important to Indian tribes that might be
affected and any other anticipated tribal impacts. The agency shall make a good
faith effort to include areas that might reasonably be expected to contain
sites important to Indian tribes whether or not such sites are explicitly known
to the agency.</text>
</subsection><subsection id="HE2C0706D498A4BE1B625C45B453CA9BC"><enum>(b)</enum><header>Tribal
consultation partners</header><text>The agency shall consult with all Indian
tribes that may be impacted by an activity. When appropriate, the agency shall
consult with regional and national tribal organizations such as the National
Congress of American Indians, the National Tribal Environmental Council, the
Native American Fish and Wildlife Society, the United South and Eastern Tribes,
the National Association of Tribal Historic Preservation Officers, the Michigan
Anishinaabek Cultural Preservation and Repatriation Alliance, and the
Affiliated Tribes of Northwest Indians, to determine which Indian tribes may be
affected by the activity. Under no circumstance shall the agency treat
consultation with intertribal organizations as a substitute for consultation
with each affected Indian tribe, unless the Indian tribes comprising such an
organization agree that consultation should proceed through the intertribal
organization. The agency shall remain responsible for its consultation
responsibilities under this Act to any affected Indian tribes not participating
in such an agreement. Other resources for identifying Indian tribes that need
to be consulted include officials, such as cultural resource specialists, from
other agencies who have consulted with Indian tribes in the region in the past,
ethnographies, local histories, local university experts, oral accounts, the
National Park Service’s Native American Consultation Database, MAPS: GIS
Windows on Native Lands, Current Places, and History, and the Library of
Congress Indian Land Cessions document Web site.</text>
</subsection><subsection id="HC97F7B74E00346818478FAB363037403"><enum>(c)</enum><header>Initial contact
with consultation partners</header><text display-inline="yes-display-inline">The agency—</text>
<paragraph id="HBF2DCF54A0EB482CB364AA08B9DEAC17"><enum>(1)</enum><text>shall send, via
United States mail and e-mail, if possible, a copy of the planning document and
a letter requesting consultation meetings to the relevant tribal government
officials including the tribal leader and all members of any elected tribal
governing body, such as a tribal council, relevant tribal governmental
agencies, including the Tribal Historic Preservation Officer or cultural
resource manager, and relevant non-tribal stakeholders, such as the State
Historic Preservation Officer and local governments that have jurisdiction on
any affected land via agreement with the agency;</text>
</paragraph><paragraph id="H9AD5D3BA6914445AA5818F5EE23E375C"><enum>(2)</enum><text>at the request of
the Indian tribe, shall send, via United States mail and e-mail, if possible, a
copy of the planning document and a letter requesting consultation meetings to
nongovernmental tribal stakeholders, such as elders councils and religious
leaders;</text>
</paragraph><paragraph id="HA25D1572D4194CA3BA07B8AFD036518D"><enum>(3)</enum><text>shall not request
consultation with nongovernmental tribal stakeholders without the written
consent of the Indian tribe; and</text>
</paragraph><paragraph id="HDDE6D0FB77164922B33CF66594E195B3"><enum>(4)</enum><text>shall follow-up
with phone calls to confirm receipt of the documents by all recipients.</text>
</paragraph></subsection><subsection id="H60759C0CAEA1498383F919F75C571637"><enum>(d)</enum><header>Consultation
meeting arrangements</header><text>The agency shall negotiate with stakeholder
representatives to determine the time, place, agenda, travel funds,
facilitator, format, and goals of a consultation meeting. The agency shall make
a good faith effort to engage in consultation, keeping thorough documentation
of all steps taken to contact and engage the Indian tribe in consultation. If,
after a good faith effort, the agency fails to engage the Indian tribal
government, it may terminate its scoping stage consultation efforts by
providing all consultation partners with a written notification and explanation
for its decision, signed by the head of the agency, and proceed to the decision
stage procedures described in section 204.</text>
</subsection><subsection id="HED10211953E947EB9F0FE1B677D769DE"><enum>(e)</enum><header>Consultation
meeting format</header><text>A consultation meeting shall begin with
confirmation of the format, facilitator, and agenda, with adequate time
scheduled for introductions and for interaction throughout the meeting among
participants. Whenever possible, tribal stakeholders shall be brought into the
ongoing planning process directly by forming ad hoc workgroups including tribal
leaders or their designees and, if appropriate, initiating a process for
consensual development of regulations, such as negotiated rulemaking. The
meeting shall conclude with planning for the next meeting, if necessary.</text>
</subsection><subsection id="H3254C305E95C47C4AC4A71F4E2B9D508"><enum>(f)</enum><header>Termination of
scoping stage consultation with a memorandum of agreement</header>
<paragraph id="H7B422B7608D949899F44CACAFBF9AA01"><enum>(1)</enum><header>Termination</header><text>Scoping
stage consultation shall terminate upon the execution of a memorandum of
agreement signed by the head of the agency and the Indian tribal
government.</text>
</paragraph><paragraph id="H9B7690B8CD1E41B5BCBB86EEAB44B1A6"><enum>(2)</enum><header>Signatories</header><text>The
Indian tribal government and the agency may jointly invite additional parties
to be signatories of the memorandum of agreement. The signatories have sole
authority to execute, amend, or terminate the memorandum of agreement. If any
signatory determines that the terms of the memorandum of agreement cannot be or
are not being carried out, the signatories shall consult to seek amendment of
the memorandum of agreement. If the memorandum of agreement is not amended, any
signatory may terminate the agreement, with the option to return to scoping
stage consultation. The agency shall provide all non-signatory consulting
partners with the opportunity to submit a written statement, explanation, or
comment on the consultation proceedings that shall become part of the agency’s
official consultation record.</text>
</paragraph><paragraph id="H1BF51250489C42FF9EED211E74B67066"><enum>(3)</enum><header>MOA</header><text>The
memorandum of agreement—</text>
<subparagraph id="H7930A9B2EEBF4BC988EA937FC266090D"><enum>(A)</enum><text>may address
multiple activities if the activities are similar and repetitive or are
multi-State or regional in scope, or where routine management activities are
undertaken at Federal installations, facilities, or other land management
units;</text>
</subparagraph><subparagraph id="HAF75F5A7B6174E2AB9E6E91E26B954DE"><enum>(B)</enum><text>may establish
standard processes for certain categories of activities determined through
consultation and defined in the memorandum of agreement;</text>
</subparagraph><subparagraph id="H024CF113BAF8452BAE34EB2C56BC8A2C"><enum>(C)</enum><text>shall include a
provision for monitoring and reporting on its implementation;</text>
</subparagraph><subparagraph id="HBD2C76D0B7F541A984B6695F5AA388CC"><enum>(D)</enum><text>shall include
provisions for termination or reconsideration if the activity has not been
completed within a specified time; and</text>
</subparagraph><subparagraph id="HA22A8DE262A24603B763B82BF43649F3"><enum>(E)</enum><text>shall include
provisions to address new discoveries, which may include halting the activity
and returning to scoping stage consultation.</text>
</subparagraph></paragraph></subsection><subsection id="H46BC988FF23B40AD9492D71633621C3F"><enum>(g)</enum><header>Termination of
scoping stage consultation without a memorandum of agreement</header><text>The
agency shall make a good faith effort through sustained interaction and
collaboration to reach a consensus resulting in a memorandum of agreement. If,
after a good faith effort, the agency determines that further consultation will
not be productive, it may terminate consultation by providing all consultation
partners with a written notification and explanation for its decision, signed
by the head of the agency, and proceed to the decision stage procedures
described in section 204. The Indian tribal government may at any point decide
to terminate consultation. In such case, the agency shall provide the Indian
tribal government with the opportunity to submit a written statement,
explanation, or comment on the consultation proceedings that will become part
of the agency’s official consultation record. Any nongovernmental consultation
partners may decide to withdraw from consultation at any time. In such case,
the agency shall provide the withdrawing nongovernmental consultation partner
with the opportunity to submit a written statement, explanation, or comment on
the consultation proceedings that will become part of the agency’s official
consultation record.</text>
</subsection></section><section id="HA54A07CE2825466BBF28B8A794E92177"><enum>204.</enum><header>Decision stage
procedures</header>
<subsection id="HB17F77AAEF0E4D2FB6C848BC2F69462F"><enum>(a)</enum><header>Proposal
document</header><text>The agency shall compile a document consisting of the
plan for the activity, its anticipated tribal impacts, any memorandum of
agreement, and any written statements made by consulting partners during the
scoping stage as described in section 203. 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 e-mail, if possible, a
copy of the Proposal Document to all consultation partners, including any who
withdrew from the process. At a minimum, the document shall go to the tribal
leader and all members of any elected tribal governing body. The agency shall
follow up with phone calls 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.</text>
</subsection><subsection id="H0AE9C0C8BE034266924654BBBEB30839"><enum>(b)</enum><header>Public comment
period</header><text>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 30-day extension shall be granted upon request by any member of the
Indian tribe.</text>
</subsection><subsection id="HD2E840DFC0FC4D22886B487E621B5146"><enum>(c)</enum><header>Preliminary
decision</header><text>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 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 consultation partners. It shall particularly address why
the decision was made to disregard any such requests. The agency shall mail and
e-mail, if possible, a copy of the letter to all consultation partners,
including any who withdrew from the process. At a minimum, the letter shall go
to the tribal leader and all members of the tribal governing body. The agency
shall follow up with phone calls to confirm receipt of the letter.</text>
</subsection><subsection id="HBB1857DCBCE6483C90C3DEF038BD3E8A"><enum>(d)</enum><header>Final
decision</header><text>The agency shall provide a 60-day period following the
issuance of the preliminary decision letter for response by the consultation
partners. Thereafter, the agency shall notify in writing, signed by the head of
the agency, the consultation partners, including any who withdrew from the
process, of the agency’s final decision.</text>
</subsection></section><section id="H5D02BC361F5C4865B9290D38B666065A"><enum>205.</enum><header>Documentation
and reporting</header>
<subsection id="H2D4AB9B62943485F8AEC19B00521CB2B"><enum>(a)</enum><header>Official
consultation record</header><text>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, but not limited to, correspondence, telephone logs,
and e-mails, 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.</text>
</subsection><subsection id="H893008B81C534C39A9509E3117FE9A5F"><enum>(b)</enum><header>Payment for
tribal documentation work</header><text>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.</text>
</subsection><subsection id="HCBD05786C73F497999ECDA089BD08D43"><enum>(c)</enum><header>Report to
congress</header><text>Each agency shall on a biennial basis submit to Congress
a report on its consultation activities.</text>
</subsection></section><section id="HB688B00300D941CEA56A14D2ED768F57"><enum>206.</enum><header>Implementation</header><text display-inline="no-display-inline">Not later than 30 days after the date of the
enactment of this Act, the head of each agency shall designate an official with
principal responsibility for the agency’s review of existing consultation and
coordination policies and procedures, and implementation of this Act. Not later
than 60 days after the effective date of this order, the designated official
shall submit to the Office of Management and Budget a description of the
agency’s revised consultation process in conformity with this Act.</text>
</section><section id="H78321BB3138B4BFABC095F565975BC51"><enum>207.</enum><header>Sensitive
tribal information</header><text display-inline="no-display-inline">Notwithstanding any provision of the
Administrative Procedures Act, consultation meetings shall be closed to the
public at the request of the Indian tribal government. Notwithstanding any
provision of the Freedom of Information Act, all information designated by the
Indian tribe as sensitive, such as the location of Sacred Sites or other
details of cultural or religious practices, shall be deleted from any public
publication made as part of the consultation process or in the process of
carrying out the activity. Once information has been designated as sensitive,
the agency will determine in consultation with the Indian tribe who may have
access to the information for the purposes of carrying out the activity.</text>
</section><enum>III</enum><header>TRIBAL
SOVEREIGNTY</header>
<section id="HC47250F6263749F19ECE4E833338DE63"><enum>301.</enum><header>Tribal
sovereignty</header>
<subsection id="H59444A281BD34754BC9F52708692077B"><enum>(a)</enum><header>In
general</header><text>Agencies shall recognize and respect Indian tribal
self-government and sovereignty, honor tribal treaty and other rights, and
strive to meet the responsibilities that arise from the unique legal
relationship between the Federal Government and Indian tribal
governments.</text>
</subsection><subsection id="H44849BAE16174C918A2CA255D1D14D36"><enum>(b)</enum><header>Maximum tribal
administrative discretion</header><text>With respect to Federal statutes and
regulations administered by Indian tribal governments, the Federal Government
shall grant Indian tribal governments the maximum administrative discretion
possible.</text>
</subsection><subsection id="HF9879EF85D0A441EB30F7ED93CD2C956"><enum>(c)</enum><header>Alternatives to
federal regulation</header><text>When undertaking to formulate and implement
policies that have tribal implications, agencies shall—</text>
<paragraph id="HB0A8FB59D31640A6A14E8BC12B2A6D2F"><enum>(1)</enum><text>encourage Indian
tribes to develop their own policies to achieve program objectives;</text>
</paragraph><paragraph id="H7C93A3D252B44C97B7958D6998EE19C4"><enum>(2)</enum><text>where possible,
defer to Indian tribes to establish standards; and</text>
</paragraph><paragraph id="H612C11987EE74B78A220F17F3F51C8ED"><enum>(3)</enum><text>in determining
whether to establish Federal standards, consult with tribal officials as to the
need for Federal standards and any alternatives that would limit the scope of
Federal standards or otherwise preserve the prerogatives and authority of
Indian tribes.</text>
</paragraph></subsection></section><enum>IV</enum><header>INDIAN TRIBAL
WAIVERS</header>
<section id="H5610AA4115FE49BCAC83C854BA752B32"><enum>401.</enum><header>Indian tribal
waivers</header>
<subsection id="HAEFE2684D4DA4086962256EE6BD0AE45"><enum>(a)</enum><header>Application
processes</header><text>Agencies shall review the processes under which Indian
tribes apply for waivers of statutory and regulatory requirements and take
appropriate steps to streamline those processes.</text>
</subsection><subsection id="H7C82D779DACB4CD7ADD97430B9E48F31"><enum>(b)</enum><header>Granting maximum
tribal latitude</header><text>Each agency shall, to the extent practicable and
permitted by law, consider any application by an Indian tribe for a waiver of
statutory or regulatory requirements in connection with any program
administered by the agency with a general view toward increasing opportunities
for utilizing flexible policy approaches at the Indian tribal level. Maximum
tribal latitude shall be granted in cases in which the proposed waiver is
consistent with the applicable Federal policy objectives and is otherwise
appropriate.</text>
</subsection><subsection id="H3F59A08D8A664D5893D8B0BFBBB8DAF5"><enum>(c)</enum><header>Decision time
line</header><text>Each agency shall, to the extent practicable and permitted
by law, render a decision upon a complete application for a waiver within 120
days of receipt of such application by the agency, or as otherwise provided by
law or regulation. If the application for waiver is not granted, the agency
shall provide the applicant with timely written notice of the decision and the
reasons therefor.</text>
</subsection><subsection id="H17E08BC7C67D4BBA89570997DFC9A9A4"><enum>(d)</enum><header>Limitation</header><text>This
section applies only to statutory or regulatory requirements that are
discretionary and subject to waiver by the agency.</text>
</subsection></section><enum>V</enum><header>JUDICIAL
REVIEW</header>
<section id="HCB08764B48054D6E8C3E2DCD14D559F5"><enum>501.</enum><header>Judicial
review</header><text display-inline="no-display-inline">An Indian tribe
alleging that the requirements of this Act have not been met may bring a civil
action in a United States district court. Immediately upon, or anytime after,
the filing of such a suit, the court may restrain the agency from any further
action in furtherance of the activity until such time as the court determines
that the requirements of this Act have been met. The agency shall be liable for
any damages that the court may award to compensate the Indian tribe for adverse
impacts resulting from an activity conducted without consultation fulfilling
the provisions of this Act.</text>
</section>