Requirement for consultation

Agencies shall conduct meaningful timely consultation with Indian Tribes following the procedures of the President’s Memorandum of Uniform Standards for Tribal Consultation, issued on November 30, 2022, before undertaking any mineral activities that may have a direct, indirect, or cumulative impact on— (1) the land, including allotted, ceded, or traditional land, or interests in such land of an Indian Tribe or member of an Indian Tribe; (2) Tribal land, cultural practices, resources, or access to traditional areas of cultural or religious importance; (3) any part of any Federal land that shares a border with Indian country, as such term is defined in section 1151 of title 18, United States Code; (4) the protected rights of an Indian Tribe, whether or not such rights are enumerated in a treaty, including water, hunting, gathering, and fishing rights; (5) the ability of an Indian Tribe to govern or provide services to members of the Indian Tribe; (6) the relationship between the Federal Government and an Indian Tribe; or (7) the trust responsibility of the Federal Government to an Indian Tribe.