; (B) the ability of an Indian Tribe to govern or provide services to its members; (C) an Indian Tribe’s formal relationship with the agency; or (D) the consideration of the agency's trust responsibilities to Indian Tribes. (2) Agency 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) Indian Tribe The term Indian Tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (4) Memorandum of Agreement 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. (5) New Discovery 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. (6) Sacred Site 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