(a) For any major state or federal action covered by this chapter, where other program and resource commitments preclude undertaking the Tribe’s environmental review process, and other opportunities to participate in the major state or federal action exist, the Environmental Department may decide not to proceed with environmental review under this chapter. Other opportunities include government-to-government consultation and participation required by Tribal, state, or federal law.

(b) Before making a determination under subsection (a) of this section, the Environmental Department shall consult with the Office of Tribal Attorney and any other Tribal Department that has jurisdiction by law or special expertise with respect to the subject matter of the proposed action. [Ord. 62 § 4101, amended, 10/3/2019; Ord. 59 § 4101, adopted, 6/6/2019.]