I 

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. 

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


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•HR 1421 IH

1 SECTION 1. RIGHTS AND RESPONSIBILITIES OF THE CHER2 OKEE NATION OF OKLAHOMA REGARDING 

3 THE W.D. MAYO LOCK AND DAM IN OKLA4 HOMA. 

5 Section 1117 of the Water Resources Development 

6 Act of 1986 (Public Law 99–662, 100 Stat. 4236) is 

7 amended to read as follows: 

8 ‘‘SEC. 1117. W.D. MAYO LOCK AND DAM. 

9 ‘‘(a) IN GENERAL.—Notwithstanding any other pro10 vision of law, the Cherokee Nation of Oklahoma may— 

11 ‘‘(1) design and construct one or more hydro12 electric generating facilities at the W.D. Mayo Lock 

13 and Dam on the Arkansas River in Oklahoma, sub14 ject to the requirements specified in subsection (b) 

15 and in accordance with the conditions specified in 

16 this section; and 

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

18 such facility. 

19 ‘‘(b) PRE-CONSTRUCTION REQUIREMENTS.—(1) The 

20 Cherokee Nation shall obtain any permit required by Fed21 eral or State law before the date on which construction 

22 begins on any hydroelectric generating facility at the loca23 tion referred to in subsection (a), except that the Cherokee 

24 Nation shall be exempt from any licensing requirements 

25 under the Federal Power Act (16 U.S.C. 791a et seq.) 

26 that may otherwise be required for the construction, operVerDate Mar 15 2010 21:47 Apr 08, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1421.IH H1421

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•HR 1421 IH

1 ation, or maintenance of hydroelectric generating facili2 ties. 

3 ‘‘(2) The Cherokee Nation may initiate the design or 

4 construction of any such facility only after the Secretary 

5 reviews and approves the plans and specifications for such 

6 design and construction. 

7 ‘‘(c) PAYMENT OF DESIGN AND CONSTRUCTION

8 COSTS.—(1) The Secretary of the Army may accept funds 

9 offered by the Cherokee Nation and use such funds to 

10 carry out the design and construction of any hydroelectric 

11 generating facility. 

12 ‘‘(2) The Cherokee Nation shall— 

13 ‘‘(A) bear all costs associated with the design 

14 and construction of any such hydroelectric gener15 ating facility; and 

16 ‘‘(B) provide any funds necessary for such de17 sign and construction to the Secretary of the Army 

18 prior to the Secretary initiating any activities related 

19 to the design and construction of a hydroelectric 

20 generating facility under this section. 

21 ‘‘(d) ASSUMPTION OF LIABILITY.—The Cherokee Na22 tion shall— 

23 ‘‘(1) hold all title to any hydroelectric gener24 ating facility constructed under this section and 


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1 may, subject to the approval of the Secretary of the 

2 Army, assign such title to a third party; 

3 ‘‘(2) 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 ‘‘(3) release and indemnify the United States 

10 from any claims, causes of action, or liabilities that 

11 may arise out of any activity undertaken to carry 

12 out this section. 

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

14 other provision of law, the Secretary of the Army may pro15 vide any technical and construction management assist16 ance that is requested by the Cherokee Nation relating 

17 to the design and construction of any hydroelectric gener18 ating facility described in subsection (a). 

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

20 Nation may enter into agreements with the Secretary of 

21 the Army or a third party that the Cherokee Nation or 

22 the Secretary determines are necessary to carry out this 

23 section.’’. 

Æ 


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