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 con-
cerned 
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. 
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— 
‘‘(1) design and construct one or more hydro-
electric generating facilities at the W.D. Mayo Lock 
and Dam on the Arkansas River in Oklahoma, sub-
ject to the requirements specified in subsection (b) 
and in accordance with the conditions specified in 
this section; and 
‘‘(2) market the electricity generated from any 
such facility. 
‘‘(b) PRE-CONSTRUCTION REQUIREMENTS.—(1) The 
Cherokee Nation shall obtain any permit required by Fed-
eral or State law before the date on which construction 
begins on any hydroelectric generating facility at the loca-
tion referred to in subsection (a), except that the Cherokee 
Nation shall be exempt from any licensing requirements 
under the Federal Power Act (16 U.S.C. 791a et seq.) 
that may otherwise be required for the construction, oper-
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ation, or maintenance of hydroelectric generating facili-
ties. 
‘‘(2) The Cherokee Nation may initiate the design or 
construction of any such facility only after the Secretary 
reviews and approves the plans and specifications for such 
design and construction. 
‘‘(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 any hydroelectric 
generating facility. 
‘‘(2) The Cherokee Nation shall— 
‘‘(A) bear all costs associated with the design 
and construction of any such hydroelectric gener-
ating facility; 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 
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may, subject to the approval of the Secretary of the 
Army, assign such title to a third party; 
‘‘(2) be solely responsible for— 
‘‘(A) the operation, maintenance, repair, 
replacement, and rehabilitation of any such fa-
cility; and 
‘‘(B) the marketing of the electricity gen-
erated by any such facility; and 
‘‘(3) release and indemnify the United States 
from any claims, causes of action, or liabilities that 
may arise out of any activity undertaken to carry 
out 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 the design and construction of any hydroelectric gener-
ating facility described in subsection (a). 
‘‘(f) THIRD PARTY AGREEMENTS.—The Cherokee 
Nation may enter into agreements with the Secretary of 
the Army or a third party that the Cherokee Nation or 
the Secretary determines are necessary to carry out this 
section.’’. 
Æ 
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