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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 513 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 513

 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.

_______________________________________________________________________

                   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.

    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 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:

``SEC. 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.''.
                                 <all>
```