Library / Laws / 113th / s / S. 513 / Introduced in Senate
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.
.