; (II) a requirement that the party raising a disputed issue, or the proponent of an alternative, bears the burden of proof by a preponderance of the evidence; and (III) and opportunities for all parties to a trial-type hearing to participate in settlement negotiations before and after the hearing. ; (B) in the third sentence— (i) by striking by the relevant resource and inserting by the relevant ; and (ii) by striking All disputed and inserting the following: (ii) Requirement All disputed ; (C) in the second sentence— (i) by inserting , including alternative conditions submitted under section 33(a), as applicable after on any disputed issues of material fact with respect to such conditions ; and (ii) by striking The license applicant and inserting the following: (B) Hearing (i) In general The license applicant ; and (D) in the first sentence, by striking shall deem necessary for the adequate protection and utilization of such reservation and inserting the following: or the applicable Indian Tribe, as provided in section 37, shall deem— (i) necessary for the adequate protection and utilization of such reservation; and (ii) reasonably related to project effects on— (I) the reservation; and (II) the utilization of the reservation ; and (9) in paragraph (5) (as designated by paragraph (2)), by inserting addressing the effects of hydrologic alterations that may occur over the license term, after the protection of recreational opportunities, . (c) Preliminary permits; notice of application Section 4(f) of the Federal Power Act ( 16 U.S.C. 797(f) ) is amended, in the proviso, by inserting , Indian Tribe, after in writing to any State . 4. Approach to environmental review (a) In general Section 2403 of the Energy Policy Act of 1992 ( 16 U.S.C. 797d ) is amended— (1) in the section heading, by striking Third party contracting by FERC and inserting Approach to environmental review