[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1421 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1421

  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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 7, 2011

  Mr. Boren (for himself and Mr. Cole) 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 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:

``SEC. 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.''.
                                 <all>