A bill to clarify the role of the Cherokee Nation of Oklahoma regarding the maintenance of the W.D. Mayo Lock and Dam in the State of Oklahoma.

Bill: 113-s-513
Sponsor: full_name: Sen. Inhofe, James M. [R-OK]
Introduced: 2013-03-11
Policy area: Water Resources Development
Subjects: Alternative and renewable resources

Dams and canals

Electric power generation and transmission

Federal-Indian relations

Indian lands and resources rights

Licensing and registrations

Oklahoma
Latest action: action_date: 2013-03-11
text: Read twice and referred to the Committee on Indian Affairs.

Summaries:
action_date: 2013-03-11
action_desc: Introduced in Senate
text: <p>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.</p> <p>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. </p> <p>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 the design and construction to the Secretary prior to the Secretary initiating related activities.</p> <p>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.</p> <p>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.</p>

tv_txt: II 113th CONGRESS 1st Session S. 513 IN THE SENATE OF THE UNITED STATES March 11, 2013 Mr. Inhofe introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To clarify the role of the Cherokee Nation of Oklahoma regarding the maintenance of the W.D. Mayo Lock and Dam in the State of Oklahoma.

1. Rights and responsibilities of Cherokee Nation of Oklahoma regarding W.D. Mayo Lock and Dam, Oklahoma Section 1117 of the Water Resources Development Act of 1986 ( Public Law 99–662 ; 100 Stat. 4236) is amended to read as follows: 1117. W.D. Mayo Lock and Dam, Oklahoma (a) In general Notwithstanding any other provision of law, the Cherokee Nation of Oklahoma may— (1) design and construct 1 or more hydroelectric generating facilities at the W.D. Mayo Lock and Dam on the Arkansas River in the State of Oklahoma, subject to the requirements of subsection (b) and in accordance with the conditions specified in this section; and (2) market the electricity generated from any such hydroelectric generating facility. (b) Preconstruction requirements (1) In general The Cherokee Nation shall obtain any permit required by Federal or State law before the date on which construction begins on any hydroelectric generating facility under 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, operation, or maintenance of a hydroelectric generating facility. (2) Review by Secretary The Cherokee Nation may initiate the design or construction of a hydroelectric generating facility under subsection (a) only after the Secretary reviews and approves the plans and specifications for the design and construction. (c) Payment of design and construction costs (1) In general The Cherokee Nation shall— (A) bear all costs associated with the design and construction of any hydroelectric generating facility under subsection (a); and (B) provide any funds necessary for the design and construction to the Secretary prior to the Secretary initiating any activities relating to the design and construction of the hydroelectric generating facility. (2) Use by Secretary The Secretary may— (A) accept funds offered by the Cherokee Nation under paragraph (1); and (B) use the funds to carry out the design and construction of any hydroelectric generating facility under subsection (a). (d) Assumption of liability The Cherokee Nation— (1) shall hold all title to any hydroelectric generating facility constructed under this section; (2) may, subject to the approval of the Secretary, assign that title to a third party; (3) shall be solely responsible for— (A) the operation, maintenance, repair, replacement, and rehabilitation of any such facility; and (B) the marketing of the electricity generated by any such facility; and (4) shall 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 may provide any technical and construction management assistance requested by the Cherokee Nation relating to the design and construction of any hydroelectric generating facility under 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 determines to be necessary to carry out this section. .