Sec. 13. Conditions to protect Tribal resources
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Part I of the Federal Power Act ( 16 U.S.C. 792 et seq. ) is amended by adding at the end the following: Except as provided in subsection (c), an Indian Tribe shall have exclusive authority to deem a condition to a license under this part to be necessary under section 4(e)(2) if the license is issued for a project located within any land or an interest in land the legal title to which is held by the United States in trust for the benefit of the Indian Tribe, regardless of whether the Indian Tribe is a licensee or applicant for the project, subject to paragraph (2).
On deeming a condition to be necessary pursuant to paragraph (1), an Indian Tribe shall submit to the Commission— the condition; a written statement— demonstrating that the Indian Tribe considered alternatives to the submitted condition; providing a scientific and technical rationale for— the condition submitted; and alternatives considered but not adopted; and identifying specific facts relied on in the record; and any studies, data, and other factual information relied on by the Indian Tribe that is relevant to the decision of the Indian Tribe.
For any license issued within any reservation other than a reservation described in subsection (a), the Secretary of the agency responsible for the supervision of the reservation, in deeming conditions of the license to be necessary under section 4(e)(2), shall consult with the Secretary of the Interior and any potentially affected Indian Tribes regarding the responsibilities of the United States in the project area under any applicable treaty with an Indian Tribe, as determined by a court of competent jurisdiction.
This section shall not apply to any project that, as of the date of enactment of the Community and Hydropower Improvement Act — is licensed under this part; and is not located on any land or interest in land, the legal title to which is held by the United States in trust for the benefit of an Indian Tribe. .
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Sec. 13
Conditions to protect Tribal resources
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