113 S513 IS: To clarify the role of the Cherokee Nation of Oklahoma regarding the maintenance of the W.D. Mayo Lock and Dam in the State of Oklahoma. U.S. Senate 2013-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II 113th CONGRESS 1st Session S. 513 IN THE SENATE OF THE UNITED STATES March 11, 2013 Mr. Inhofe introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To clarify the role of the Cherokee Nation of Oklahoma regarding the maintenance of the W.D. Mayo Lock and Dam in the State of Oklahoma.
1.
Rights and responsibilities of Cherokee Nation of Oklahoma regarding W.D. Mayo Lock and Dam, Oklahoma
Section 1117 of the Water Resources Development Act of 1986 (Public Law 99–662; 100 Stat. 4236) is amended to read as follows:
1117.
W.D. Mayo Lock and Dam, Oklahoma
(a)
In general
Notwithstanding any other provision of law, the Cherokee Nation of Oklahoma may— (1)design and construct 1 or more hydroelectric generating facilities at the W.D. Mayo Lock and Dam on the Arkansas River in the State of Oklahoma, subject to the requirements of subsection (b) and in accordance with the conditions specified in this section; and (2)market the electricity generated from any such hydroelectric generating facility. (b)
Preconstruction requirements
(1)
In general
The Cherokee Nation shall obtain any permit required by Federal or State law before the date on which construction begins on any hydroelectric generating facility under subsection (a), except that the Cherokee Nation shall be exempt from any licensing requirements under the Federal Power Act (16 U.S.C. 791a et seq.) that may otherwise be required for the construction, operation, or maintenance of a hydroelectric generating facility. (2)
Review by Secretary
The Cherokee Nation may initiate the design or construction of a hydroelectric generating facility under subsection (a) only after the Secretary reviews and approves the plans and specifications for the design and construction. (c)
Payment of design and construction costs
(1)
In general
The Cherokee Nation shall— (A)bear all costs associated with the design and construction of any hydroelectric generating facility under subsection (a); and (B)provide any funds necessary for the design and construction to the Secretary prior to the Secretary initiating any activities relating to the design and construction of the hydroelectric generating facility. (2)
Use by Secretary
The Secretary may— (A)accept funds offered by the Cherokee Nation under paragraph (1); and (B)use the funds to carry out the design and construction of any hydroelectric generating facility under subsection (a). (d)
Assumption of liability
The Cherokee Nation— (1)shall hold all title to any hydroelectric generating facility constructed under this section; (2)may, subject to the approval of the Secretary, assign that title to a third party; (3)shall be solely responsible for— (A)the operation, maintenance, repair, replacement, and rehabilitation of any such facility; and (B)the marketing of the electricity generated by any such facility; and (4)shall release and indemnify the United States from any claims, causes of action, or liabilities that may arise out of any activity undertaken to carry out this section. (e)
Assistance available
Notwithstanding any other provision of law, the Secretary may provide any technical and construction management assistance requested by the Cherokee Nation relating to the design and construction of any hydroelectric generating facility under subsection (a). (f)
Third-Party agreements
The Cherokee Nation may enter into agreements with the Secretary or a third party that the Cherokee Nation or the Secretary determines to be necessary to carry out this section.
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