Presumption with respect to certain complete FCC forms

(a) Presumption With respect to a project that is an undertaking under section 300320 of title 54, United States Code, as determined by the Commission, if an Indian Tribe is shown to have received a complete FCC Form 620 or FCC Form 621 (or any successor form), or can be reasonably expected to have received a complete FCC Form 620 or FCC Form 621 (or any successor form), and has not acted on a request contained in such complete form by the date that is 45 days after the date of such receipt or reasonably expected receipt— (1) the Commission and a court of competent jurisdiction (as the case may be) shall presume the applicant with respect to such complete form has made a good faith effort to provide the information reasonably necessary for such Indian Tribe to ascertain whether historic properties of religious or cultural significance to such Indian Tribe may be affected by the undertaking related to such complete form; and (2) such Indian Tribe shall be presumed to have disclaimed interest in such undertaking. (b) Overcoming presumption (1) In general An Indian Tribe may overcome a presumption under subsection (a) upon making, to the Commission or a court of competent jurisdiction, a favorable demonstration with respect to 1 or more of the factors described in paragraph (2). (2) Factors considered In making a determination regarding a presumption under subsection (a), the Commission or court of competent jurisdiction shall give substantial weight to— (A) whether the applicant with respect to the relevant complete form failed to make a reasonable attempt to follow up with the applicable Indian Tribe not earlier than 30 days, and not later than 50 days, after the applicant submitted a complete FCC Form 620 or FCC Form 621 (as the case may be) to such Indian Tribe; and (B) whether the regulations of the Commission, or FCC Form 620 or FCC Form 621, are found to be in violation of a Nationwide Programmatic Agreement of the Commission.