II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. RIGHTS AND RESPONSIBILITIES OF CHEROKEE 

4 NATION OF OKLAHOMA REGARDING W.D. 

5 MAYO LOCK AND DAM, OKLAHOMA. 

6 Section 1117 of the Water Resources Development 

7 Act of 1986 (Public Law 99–662; 100 Stat. 4236) is 

8 amended to read as follows: 


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•S 513 IS

1 ‘‘SEC. 1117. W.D. MAYO LOCK AND DAM, OKLAHOMA. 

2 ‘‘(a) IN GENERAL.—Notwithstanding any other pro3 vision of law, the Cherokee Nation of Oklahoma may— 

4 ‘‘(1) design and construct 1 or more hydro5 electric generating facilities at the W.D. Mayo Lock 

6 and Dam on the Arkansas River in the State of 

7 Oklahoma, subject to the requirements of subsection 

8 (b) and in accordance with the conditions specified 

9 in this section; and 

10 ‘‘(2) market the electricity generated from any 

11 such hydroelectric generating facility. 

12 ‘‘(b) PRECONSTRUCTION REQUIREMENTS.— 

13 ‘‘(1) IN GENERAL.—The Cherokee Nation shall 

14 obtain any permit required by Federal or State law 

15 before the date on which construction begins on any 

16 hydroelectric generating facility under subsection 

17 (a), except that the Cherokee Nation shall be exempt 

18 from any licensing requirements under the Federal 

19 Power Act (16 U.S.C. 791a et seq.) that may other20 wise be required for the construction, operation, or 

21 maintenance of a hydroelectric generating facility. 

22 ‘‘(2) REVIEW BY SECRETARY.—The Cherokee 

23 Nation may initiate the design or construction of a 

24 hydroelectric generating facility under subsection (a) 

25 only after the Secretary reviews and approves the 


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•S 513 IS

1 plans and specifications for the design and construc2 tion. 

3 ‘‘(c) PAYMENT OF DESIGN AND CONSTRUCTION

4 COSTS.— 

5 ‘‘(1) IN GENERAL.—The Cherokee Nation 

6 shall— 

7 ‘‘(A) bear all costs associated with the de8 sign and construction of any hydroelectric gen9 erating facility under subsection (a); and 

10 ‘‘(B) provide any funds necessary for the 

11 design and construction to the Secretary prior 

12 to the Secretary initiating any activities relating 

13 to the design and construction of the hydro14 electric generating facility. 

15 ‘‘(2) USE BY SECRETARY.—The Secretary 

16 may— 

17 ‘‘(A) accept funds offered by the Cherokee 

18 Nation under paragraph (1); and 

19 ‘‘(B) use the funds to carry out the design 

20 and construction of any hydroelectric gener21 ating facility under subsection (a). 

22 ‘‘(d) ASSUMPTION OF LIABILITY.—The Cherokee Na23 tion— 

24 ‘‘(1) shall hold all title to any hydroelectric gen25 erating facility constructed under this section; 


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1 ‘‘(2) may, subject to the approval of the Sec2 retary, assign that title to a third party; 

3 ‘‘(3) shall be solely responsible for— 

4 ‘‘(A) the operation, maintenance, repair, 

5 replacement, and rehabilitation of any such fa6 cility; and 

7 ‘‘(B) the marketing of the electricity gen8 erated by any such facility; and 

9 ‘‘(4) shall release and indemnify the United 

10 States from any claims, causes of action, or liabil11 ities that may arise out of any activity undertaken 

12 to carry out this section. 

13 ‘‘(e) ASSISTANCE AVAILABLE.—Notwithstanding any 

14 other provision of law, the Secretary may provide any 

15 technical and construction management assistance re16 quested by the Cherokee Nation relating to the design and 

17 construction of any hydroelectric generating facility under 

18 subsection (a). 

19 ‘‘(f) THIRD-PARTY AGREEMENTS.—The Cherokee 

20 Nation may enter into agreements with the Secretary or 

21 a third party that the Cherokee Nation or the Secretary 

22 determines to be necessary to carry out this section.’’. 

Æ 


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