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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4948 Introduced in House (IH)]

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.

    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 design and construct hydroelectric 
generating facilities at the W.D. Mayo Lock and Dam on the Arkansas 
River in Oklahoma, as described in the report of the Chief of Engineers 
dated December 23, 1981, and subject to the conditions set forth in 
subsections (b) and (c)(1).
    ``(b) Pre-Construction Requirements.--(1) Except for any licensing 
requirements under the Federal Power Act (16 U.S.C. 1791 et seq.) 
related to the construction, operation, and maintenance of 
hydroelectric generating facilities, the Cherokee Nation shall obtain 
any permit required by Federal or State law before the date on which 
construction begins on the hydroelectric generating facilities 
described in subsection (a).
    ``(2) Only after the Secretary of the Army reviews and approves the 
plans and specifications for the design and construction of such a 
hydroelectric generating facility, may the Cherokee Nation initiate the 
design or construction of such facility.
    ``(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 a hydroelectric 
generating facility.
    ``(2) The Cherokee Nation shall--
            ``(A) bear all costs associated with the design and 
        construction of hydroelectric generating facilities under this 
        section; 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, assign such title to a third party;
            ``(2) be solely responsible for the operation, maintenance, 
        repair, replacement, and rehabilitation of any such facility; 
        and
            ``(3) release and indemnify the United States from any and 
        all claims, causes of action, or liabilities that may arise out 
        of the design and construction of a hydroelectric generating 
        facility under 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 designing and constructing the hydroelectric 
generating facilities described in 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 of the Army determines are necessary to carry out this 
section.''.
                                 <all>
```