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.

Bill: 112-hr-1421
Sponsor: Rep. Boren, Dan [D-OK-2]
Introduced: 2011-04-07 in the House
Policy area: Water Resources Development
Subjects: Dams and canals
Electric power generation and transmission
Federal-Indian relations
Indian lands and resources rights
Licensing and registrations
Oklahoma

Summary:
action_date: 2011-04-07
text: 
Amends the Water Resources Development Act of 1986 to modify provisions authorizing the Cherokee Nation of Oklahoma to design and construct hydroelectric generating facilities at the W.D. Mayo Lock and Dam on the Arkansas River in Oklahoma.
 
Authorizes such Nation to market the electricity generated from any such facility. Requires such Nation to obtain any permit required by federal or state law before the date on which construction begins on such facilities, except that the Nation shall be exempt from any licensing requirements under the Federal Power Act related to the construction, operation, and maintenance of hydroelectric generating facilities. 
 
Authorizes: (1) such Nation to initiate design and construction only after the Secretary of the Army reviews and approves the plans and specifications, and (2) the Secretary to accept and use funds offered by such Nation to carry out the design and construction. Requires such Nation to: (1) bear all costs associated with the design and construction, and (2) provide any funds necessary for such design and construction to the Secretary prior to the Secretary initiating related activities.
 
Provides that such Nation shall hold all title to any hydroelectric generating facility constructed under this Act and may assign such title to a third party, subject to the Secretary's approval. Requires such Nation to: (1) be solely responsible for the operation, maintenance, repair, replacement, and rehabilitation of, and the marketing of the electricity generated by, any such facility; and (2) release and indemnify the United States from all liabilities that may arise out of any activity undertaken to carry out this Act.
 
Authorizes: (1) the Secretary to provide any technical and construction management assistance that is requested by such Nation relating to such design and construction, and (2) such Nation to enter into agreements necessary to carry out this Act with the Secretary or a third party.

action_date: 2011-09-23
text: 

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

 
Amends the Water Resources Development Act of 1986 to modify provisions authorizing the Cherokee Nation of Oklahoma to design and construct hydroelectric generating facilities at the W.D. Mayo Lock and Dam on the Arkansas River in Oklahoma.
 
Authorizes such Nation to market the electricity generated from any such facility. Requires such Nation to obtain any permit required by federal or state law before the date on which construction begins on such facilities, except that the Nation shall be exempt from any licensing requirements under the Federal Power Act related to the construction, operation, and maintenance of hydroelectric generating facilities. 
 
Authorizes: (1) such Nation to initiate design and construction only after the Secretary of the Army reviews and approves the plans and specifications, and (2) the Secretary to accept and use funds offered by such Nation to carry out the design and construction. Requires such Nation to: (1) bear all costs associated with the design and construction, and (2) provide any funds necessary for such design and construction to the Secretary prior to the Secretary initiating related activities.
 
Provides that such Nation shall hold all title to any hydroelectric generating facility constructed under this Act and may assign such title to a third party, subject to the Secretary's approval. Requires such Nation to: (1) be solely responsible for the operation, maintenance, repair, replacement, and rehabilitation of, and the marketing of the electricity generated by, any such facility; and (2) release and indemnify the United States from all liabilities that may arise out of any activity undertaken to carry out this Act.
 
Authorizes: (1) the Secretary to provide any technical and construction management assistance that is requested by such Nation relating to such design and construction, and (2) such Nation to enter into agreements necessary to carry out this Act with the Secretary or a third party.


Legislative actions:
action_date: 2011-09-23
text: Reported by the Committee on Natural Resources. H. Rept. 112-221, Part I.
action_date: 2011-09-23
text: Reported by the Committee on Natural Resources. H. Rept. 112-221, Part I.
action_date: 2011-07-20
text: Ordered to be Reported by Unanimous Consent.
action_date: 2011-07-20
text: Committee Consideration and Mark-up Session Held.
action_date: 2011-07-20
text: Subcommittee Indian and Alaska Native Affairs Discharged.
action_date: 2011-07-12
text: Subcommittee Hearings Held.
action_date: 2011-04-12
text: Referred to the Subcommittee Indian and Alaska Native Affairs.
action_date: 2011-04-08
text: Referred to the Subcommittee on Water Resources and Environment.
action_date: 2011-04-07
text: 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.
action_date: 2011-04-07
text: 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.
action_date: 2011-04-07
text: Introduced in House
action_date: 2011-04-07
text: Introduced in House