I 111th CONGRESS 2d Session H. R. 6465 IN THE HOUSE OF REPRESENTATIVES December 1, 2010 Mr. Boren introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Water Resources Development Act of 1986 to clarify the role of the Cherokee Nation of Oklahoma with regard to the maintenance of the W.D. Mayo Lock and Dam in Oklahoma.

1.

Rights and Responsibilities of the Cherokee Nation of Oklahoma Regarding the W.D. Mayo Lock and Dam in 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

(a)

In general

Notwithstanding any other provision of law, the Cherokee Nation of Oklahoma may— (1)design and construct one or more hydroelectric generating facilities at the W.D. Mayo Lock and Dam on the Arkansas River in Oklahoma, subject to the requirements specified in subsection (b) and in accordance with the conditions specified in this section; and (2)market the electricity generated from any such facility. (b)

Pre-Construction Requirements

(1)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 at the location referred to in 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 hydroelectric generating facilities. (2)The Cherokee Nation may initiate the design or construction of any such facility only after the Secretary reviews and approves the plans and specifications for such design and construction. (c)

Payment of design and construction costs

(1)The Secretary of the Army may accept funds offered by the Cherokee Nation and use such funds to carry out the design and construction of any hydroelectric generating facility. (2)The Cherokee Nation shall— (A)bear all costs associated with the design and construction of any such hydroelectric generating facility; and (B)provide any funds necessary for such design and construction to the Secretary of the Army prior to the Secretary initiating any activities related to the design and construction of a hydroelectric generating facility under this section. (d)

Assumption of Liability

The Cherokee Nation shall— (1)hold all title to any hydroelectric generating facility constructed under this section and may, subject to the approval of the Secretary of the Army, assign such title to a third party; (2)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 (3)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 of the Army may provide any technical and construction management assistance that is requested by the Cherokee Nation relating to the design and construction of any hydroelectric generating facility described in subsection (a). (f)

Third Party Agreements

The Cherokee Nation may enter into agreements with the Secretary of the Army or a third party that the Cherokee Nation or the Secretary determines are necessary to carry out this section.

.