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 con-
cerned 
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 Okla-
homa. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. RIGHTS AND RESPONSIBILITIES OF THE CHER-
OKEE NATION OF OKLAHOMA REGARDING 
THE W.D. MAYO LOCK AND DAM IN OKLA-
HOMA. 
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 pro-
vision of law, the Cherokee Nation of Oklahoma may de-
sign 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 Engi-
neers dated December 23, 1981, and subject to the condi-
tions set forth in subsections (b) and (c)(1). 
‘‘(b) PRE-CONSTRUCTION REQUIREMENTS.—(1) Ex-
cept for any licensing requirements under the Federal 
Power Act (16 U.S.C. 1791 et seq.) related to the con-
struction, 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 gener-
ating 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 facil-
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ity, may the Cherokee Nation initiate the design or con-
struction 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 de-
sign 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 Na-
tion shall— 
‘‘(1) hold all title to any hydroelectric gener-
ating 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 
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‘‘(3) release and indemnify the United States 
from any and all claims, causes of action, or liabil-
ities that may arise out of the design and construc-
tion of a hydroelectric generating facility under this 
section. 
‘‘(e) ASSISTANCE AVAILABLE.—Notwithstanding any 
other provision of law, the Secretary of the Army may pro-
vide any technical and construction management assist-
ance 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.’’. 
Æ 
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