; or (II) between the State of Oregon and the Confederated Tribes of the Grand Ronde Community of Oregon or the Confederated Tribes of Siletz Indians of Oregon for deterrence and removal of sea lions on the Willamette River. (iii) Considerations In determining whether to approve a memorandum of understanding under clause (i), the Secretary shall consider each affected Indian tribe's wildlife management capacity to meet the requirements of this Act. (7) Individual exception For purposes of this section, any sea lion located upstream of river mile 112, or in any tributary to the Columbia River that includes spawning habitat of threatened or endangered salmon or steelhead is deemed to be individually identifiable. (8) Significant negative impact exception For purposes of this section, any sea lion located in the mainstem of the Columbia River upstream of river mile 112, or in any tributary to the Columbia River that includes spawning habitat of threatened or endangered salmon or steelhead is deemed to be having a significant negative impact, within the meaning of subsection (b)(1). (9) Definition In this subsection, the term Indian tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). . 4. Treaty rights of federally recognized indian tribes Nothing in this Act or the amendments made by this Act shall be construed to affect or modify any treaty or other right of an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )).