I 

111TH CONGRESS 

2D SESSION H. R. 4948 

To amend the Water Resources Development Act of 1986 to clarify the 

role of the Cherokee Nation of Oklahoma in maintaining the W.D. 

Mayo Lock and Dam in Oklahoma. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 25, 2010 

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 

in maintaining 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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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 de11 sign and construct hydroelectric generating facilities at 

12 the W.D. Mayo Lock and Dam on the Arkansas River in 

13 Oklahoma, as described in the report of the Chief of Engi14 neers dated December 23, 1981, and subject to the condi15 tions set forth in subsections (b) and (c)(1). 

16 ‘‘(b) PRE-CONSTRUCTION REQUIREMENTS.—(1) Ex17 cept for any licensing requirements under the Federal 

18 Power Act (16 U.S.C. 1791 et seq.) related to the con19 struction, operation, and maintenance of hydroelectric 

20 generating facilities, the Cherokee Nation shall obtain any 

21 permit required by Federal or State law before the date 

22 on which construction begins on the hydroelectric gener23 ating facilities described in subsection (a). 

24 ‘‘(2) Only after the Secretary of the Army reviews 

25 and approves the plans and specifications for the design 

26 and construction of such a hydroelectric generating facilVerDate Nov 24 2008 01:40 Mar 27, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4948.IH H4948

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1 ity, may the Cherokee Nation initiate the design or con2 struction of such facility. 

3 ‘‘(c) PAYMENT OF DESIGN AND CONSTRUCTION

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

5 offered by the Cherokee Nation and use such funds to 

6 carry out the design and construction of a hydroelectric 

7 generating facility. 

8 ‘‘(2) The Cherokee Nation shall— 

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

10 and construction of hydroelectric generating facilities 

11 under this section; and 

12 ‘‘(B) provide any funds necessary for such de13 sign and construction to the Secretary of the Army 

14 prior to the Secretary initiating any activities related 

15 to the design and construction of a hydroelectric 

16 generating facility under this section. 

17 ‘‘(d) ASSUMPTION OF LIABILITY.—The Cherokee Na18 tion shall— 

19 ‘‘(1) hold all title to any hydroelectric gener20 ating facility constructed under this section and 

21 may, subject to the approval of the Secretary, assign 

22 such title to a third party; 

23 ‘‘(2) be solely responsible for the operation, 

24 maintenance, repair, replacement, and rehabilitation 

25 of any such facility; and 


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

2 from any and all claims, causes of action, or liabil3 ities that may arise out of the design and construc4 tion of a hydroelectric generating facility under this 

5 section. 

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

7 other provision of law, the Secretary of the Army may pro8 vide any technical and construction management assist9 ance that is requested by the Cherokee Nation relating 

10 to designing and constructing the hydroelectric generating 

11 facilities described in subsection (a). 

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

13 Nation may enter into agreements with the Secretary or 

14 a third party that the Cherokee Nation or the Secretary 

15 of the Army determines are necessary to carry out this 

16 section.’’. 

Æ 


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