(a) The Secretary shall maintain a record of a consultation with Tribes or Consortia that includes:
- (1) A summary of Tribal or Consortia input received;
- (2) A general explanation of how Tribes or Consortia input influenced or was incorporated into the agency action; and
- (3) If relevant, the general reasoning for why suggestions from Tribes or Consortia were not incorporated into the agency action or why consensus could not be attained.
- (b) The Secretary shall timely disclose the outcome of a consultation and decisions made as a result of the consultation.
- (c) The record of consultation does not waive any privilege or other exception to disclosure pursuant to the Freedom of Information Act or its implementing regulations.