text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Consultation and Coordination With 
  Indian Tribal Governments Act''.
  
  SEC. 2. DEFINITIONS.
  
      For purposes of this Act:
              (1) Accountable consultation process.--The term 
          ``accountable consultation process'' means a process of 
          government-to-government dialogue between the agency and Indian 
          tribes to ensure meaningful and timely input by tribal 
          officials in the formulating, amending, implementing, or 
          recinding one or more policies that have tribal implications. 
          The process shall ensure, at a minimum, the following:
                      (A) That tribal officials have ample opportunity to 
                  provide input and recommendations to the agencies 
                  regarding formulating, amending, implementing, or 
                  recinding policies that have tribal implications.
                      (B) That tribal input and recommendations are fully 
                  considered by the agency before policies that have 
                  tribal implications are formulated, amended, 
                  implemented, or recinded.
                      (C) That, upon the formulation, amendment, 
                  implementation, or recision of policies that have 
                  tribal implications, tribal officials shall be provided 
                  with written notification of the formulation, 
                  amendment, implementation, or recision of such policies 
                  and given a copy of those policies.
                      (D) That any policies that have tribal implications 
                  shall not become effective until at least 60 days after 
                  written notification to tribal officials pursuant to 
                  subparagraph (D).
              (2) Agency.--The term ``agency'' means the Department of 
          the Interior, the Indian Health Service, and the National 
          Indian Gaming Commission.
              (3) Indian tribe.--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).
              (4) Policies that have tribal implications.--The term 
          ``policies that have tribal implications'' means any measure by 
          the agency that has or is likely to have a direct effect on 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, such as regulations, legislative comments or proposed 
          legislation, and other policy statements or actions, guidance, 
          clarification, standards, or sets of principles.
              (5) Tribal officials.--The term ``tribal officials'' means 
          elected or duly appointed officials of Indian tribal 
          governments, or their designees.
  
  SEC. 3. FUNDAMENTAL PRINCIPLES.
  
      When formulating, amending, implementing, or recinding one or more 
  policies that have tribal implications, an agency shall be guided by 
  the following fundamental principles:
              (1) The United States has a unique legal and political 
          relationship with Indian tribal governments as set forth in the 
          Constitution of the United States, treaties, statutes, 
          Executive orders, and court decisions. The Federal Government 
          has enacted numerous statutes and promulgated numerous 
          regulations that establish and define a trust relationship with 
          Indian tribes.
              (2) Our Nation, under the law of the United States, in 
          accordance with treaties, statutes, Executive orders, and 
          judicial decisions, has recognized the right of Indian tribes 
          to self-government. Indian tribes exercise inherent sovereign 
          powers over their members and territory. The United States 
          continues to work with Indian tribes on a government-to-
          government basis to address issues concerning Indian tribal 
          self-government, tribal trust resources, and Indian tribal 
          treaty and other rights.
              (3) The United States recognizes the right of Indian tribes 
          to self-government and supports tribal sovereignty and self-
          determination.
  
  SEC. 4. POLICYMAKING CRITERIA.
  
      In addition to adhering to the fundamental principles set forth in 
  section 3, when formulating, amending, implementing, or recinding one 
  or more policies that have tribal implications each agency shall adhere 
  to the following criteria:
              (1) Each agency shall 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 and political relationship between the Federal Government 
          and Indian tribal governments.
              (2) With respect to Federal statutes and regulations 
          administered by Indian tribal governments, each agency shall 
          ensure Indian tribal governments the maximum administrative 
          discretion possible.
              (3) Each agency shall--
                      (A) encourage Indian tribes to develop their own 
                  policies to achieve program objectives;
                      (B) to the extent they do not violate other 
                  applicable laws, defer to Indian tribes to establish 
                  standards; and
                      (C) 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.
  
  SEC. 5. CONSULTATION.
  
      Each agency shall have an accountable consultation process. 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 implementation of this Act. Not later 
  than 60 days after the date of the enactment of this Act, the 
  designated official shall submit a description of the agency's 
  accountable consultation process to the Committee on Natural Resources 
  of the House of Representative and the Committee on Indian Affairs of 
  the Senate.
  
  SEC. 6. UNFUNDED MANDATES.
  
      To the extent practicable and permitted by law, no agency shall 
  formulate, amend, or implement any policy that has tribal implications 
  that imposes substantial direct compliance costs on Indian tribal 
  governments and is not required by Federal law unless--
              (1) funds necessary to pay the substantial direct costs 
          incurred by the Indian tribal government or the Indian tribe in 
          complying with the policy are provided by the Federal 
          Government; or
              (2) the agency, before the implementation of the policy--
                      (A) consulted through the accountable consultation 
                  process with tribal officials early in the process of 
                  developing the proposed policy; and
                      (B) in a separately identified portion of the 
                  preamble to the policy, provided to the Committee on 
                  Natural Resources of the House of Representative, the 
                  Committee on Indian Affairs of the Senate, and affected 
                  Indian tribes a tribal summary impact statement 
                  containing--
                              (i) a description of the extent of the 
                          agency's prior consultation with tribal 
                          officials;
                              (ii) a summary of the nature of the 
                          concerns of the tribal officials and the 
                          agency's position supporting the need to issue 
                          the regulation; and
                              (iii) a statement of the extent to which 
                          the concerns of tribal officials have been met.
  
  SEC. 7. TRIBAL SELF-GOVERNMENT, TRIBAL TRUST RESOURCES, OR INDIAN 
                TRIBAL TREATY AND OTHER RIGHTS.
  
      On issues relating to tribal self-government, tribal trust 
  resources, or Indian tribal treaty and other rights, each agency shall 
  explore and, where appropriate, use consensual mechanisms for 
  developing policies, including consideration of negotiated rulemaking.
  
  SEC. 8. PREEMPTION OF TRIBAL LAW.
  
      To the extent practicable and permitted by law, no agency shall 
  establish or implement any policy that has tribal implications and that 
  preempts tribal law unless the agency, before the implementation of the 
  policy--
              (1) consulted through the accountable consultation process 
          with tribal officials in development of the proposed policy; 
          and
              (2) in a separately identified portion of the preamble to 
          the policy, provided to the Committee on Natural Resources of 
          the House of Representative, the Committee on Indian Affairs of 
          the Senate, and affected Indian tribes a tribal summary impact 
          statement containing--
                      (A) a description of the extent of the agency's 
                  prior consultation with tribal officials;
                      (B) a summary of the nature of the concerns of the 
                  tribal officials and the agency's position supporting 
                  the need to issue the regulation; and
                      (C) a statement of the extent to which the concerns 
                  of tribal officials have been met.
  
  SEC. 9. INCREASING FLEXIBILITY FOR INDIAN TRIBAL WAIVERS.
  
      (a) Review; Streamlining of Waiver Process.--Each agency shall 
  review the processes under which Indian tribes apply for waivers of 
  statutory and regulatory requirements and take appropriate steps to 
  streamline those processes.
      (b) Flexible Policy Approaches.--Each agency shall, to the extent 
  practicable and not in violation with other Federal laws, 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 using flexible 
  policy approaches at the Indian tribal level in cases in which the 
  proposed waiver is consistent with the applicable Federal policy 
  objectives and is otherwise appropriate.
      (c) Decision on Application for Waiver.--Each agency shall, to the 
  extent practicable and not in violation with other Federal laws, render 
  a decision upon a complete application for a waiver not later than 120 
  days of receipt of such application by the agency, or as otherwise 
  provided by Federal 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.
      (d) Applicability of Section.--This section applies only to 
  statutory or regulatory requirements that are discretionary and subject 
  to waiver by the agency.
target: Consultation and Coordination with Indian Tribal Governments Act - Requires the Department of the Interior, the Indian Health Service, and the National Indian Gaming Commission, when formulating, amending, implementing, or rescinding policies that have tribal implications, to adhere to certain fundamental principles and policymaking criteria, including that the United States: (1) has a unique legal and political relationship with Indian tribal governments; (2) recognizes the right of Indian tribes to self government; and (3) shall encourage Indian tribes to develop their own policies to meet program objectives.
  
  Prohibits such entities from formulating, amending, or implementing policies that impose substantial direct compliance costs on Indian tribal governments and are not required by federal law, unless: (1) funds necessary to pay such costs are provided by the federal government; or (2) the entities consulted with tribal officials early in the process of developing the proposed policy and provided a tribal summary impact statement to specified congressional committees and affected tribes.
  
  Requires such entities to have accountable consultation processes and to explore and use consensual mechanisms for developing policies on issues relating to tribal self-government, tribal trust resources, or Indian tribal treaty and other rights. Prohibits such entities from implementing policies that have tribal implications and that preempt tribal law unless the entities: (1) consulted with tribal officials in the policy's development; and (2) provided to specified congressional committees and affected Indian tribes a tribal summary impact statement.
  
  Sets forth provisions concerning the process for Indian tribes applying for waivers from requirements.
feat_title: To establish regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, to strengthen the United States government-to-government relationships with Indian tribes, and to reduce the imposition of unfunded mandates upon Indian tribes.