; and (C) is approved by the Commission or a conditioning agency under a Federal authorization. (2) Liability protection (A) In general Notwithstanding any other provision of Federal, State, Tribal, local, or common law, a licensee shall not be liable for any harm, loss, or other damage to an individual or entity, property, a natural resource, or the environment, or any damages resulting from dam removal, arising from, relating to, or triggered by an action associated with the removal of a nonjurisdictional dam under this section, including any damage caused by the release of any material or substance (including a hazardous substance), if the licensee and the owner of the nonjurisdictional dam or third party have entered into a legally enforceable agreement ensuring that the owner (or an assignee) or third party retains that liability. (B) Funding Notwithstanding any other provision of Federal, State, local, or common law, no individual or entity contributing funds for removal of a nonjurisdictional dam under this section shall be held liable, solely by virtue of that funding, for any harm, loss, or other damage to an individual or entity, property, or the environment, or damages, arising from the removal of a facility or facility operations arising from, relating to, or triggered by an action associated with removal of the nonjurisdictional dam, including any damage caused by the release of any material or substance (including a hazardous substance). (3) Preemption (A) In general Notwithstanding section 10(c), except as provided in subparagraph (B), protection from liability under this subsection shall preempt the law of any State or Indian Tribe to the extent that the State or Tribal law is inconsistent with this section. (B) Exception Nothing in this subsection limits any otherwise-available immunity, privilege, or defense under any other provision of law. (d) Rulemaking Not later than 1 year after the date of enactment of the Community and Hydropwer Improvement Act , the Commission, after providing notice and