Page:United States Statutes at Large Volume 112 Part 5.djvu/213

 PUBLIC LAW 105-313—OCT. 30, 1998 112 STAT. 2971 SEC. 7. IMPLEMENTATION PROCESS. 16 USC 410 note. (a) GovERNMENT-TO-GovERNMENT AGREEMENTS. — The Secretary and the tribal chairman shall make reasonable, good faith efforts to implement the requirements of this Act. Those efforts may include government-to-government consultations, and the development of standards of performance and monitoring protocols. (b) FEDERAL MEDL*LTION AND CONCILLVTION SERVICE. —I f the Secretary and the tribal chairman concur that they cannot reach agreement on any significant issue relating to the implementation of the requirements of this Act, the Secretary and the tribal chairman may jointly request that the Federal Mediation and Conciliation Service assist them in reaching a satisfactory agreement. (c) 60-DAY TIME LIMIT.—The Federal Mediation and Conciliation Service may conduct mediation or other nonbinding dispute resolution activities for a period not to exceed 60 days beginning on the date on which the Federal Mediation and Conciliation Service receives the request for assistance, unless the Secretary and the tribal chairman agree to an extension of period of time. (d) OTHER RIGHTS PRESERVED.The facilitated dispute resolution specified in this section shall not prejudice any right of the parties to— (1) commence an action in a court of the United States at any time; or (2) any other resolution process that is not prohibited by law. SEC. 8. MISCELLANEOUS. 16 USC 410 note. (a) No GENERAL APPLICABILITY.— Nothing in this Act creates any right, interest, privilege, or immunity affecting any other Tribe or any other park or Federal lands. (b) NONINTERFERENCE WITH FEDERAL AGENTS. — (1) IN GENERAL. —Federal employees, agents, officers, and officials shall have a right of access to the MRA— (A) to monitor compliance with the provisions of this Act; and (B) for other purposes, as though it were a Federal Indian reservation. (2) STATUTORY CONSTRUCTION.—Nothing in this Act shall authorize the Tribe or members or agents of the Tribe to interfere with any Federal employee, agent, officer, or official in the performance of official duties (whether within or outside the boundaries of the MRA) except that nothing in this paragraph may prejudice any right under the Constitution of the United States. (c) FEDERAL PERMITS. — (1) IN GENERAL. —No Federal permit shall be issued to the Tribe for any activity or structure that would be inconsistx ent with this Act. (2) CONSULTATIONS.— Any Federal agency considering an application for a permit for construction or activities on the MRA shall consult with, and consider the advice, evidence, and recommendations of the Secretary before issuing a final decision. (3) RULE OF CONSTRUCTION.— Except as otherwise specifically provided in this Act, nothing in this Act supersedes any requirement of any other applicable Federal law. .

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