S.Amdt. 828

1. Adds SEC. 50___. RIGHTS AND RESPONSIBILITIES OF CHEROKEE NATION OF OKLAHOMA REGARDING W.D. MAYO LOCK AND DAM, OKLAHOMA at the end of title V

   Adds a section

   In S. 601 · Reported to Senate

   (b) Reports.--The Secretary shall report to the Committees on Environment and Public Works and Appropriations of the Senate and the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives any emergency actions taken pursuant to this section.

   Inserted: SEC. 50___. RIGHTS AND RESPONSIBILITIES OF CHEROKEE NATION OF OKLAHOMA REGARDING W.D. MAYO LOCK AND DAM, OKLAHOMA.

   Inserted: Section 1117 of the Water Resources Development Act of 1986 (Public Law 99-662; 100 Stat. 4236) is amended to read as follows:

   Inserted: "SEC. 1117. W.D. MAYO LOCK AND DAM, OKLAHOMA.

   Inserted: "(a) In General.--Notwithstanding any other provision of law, the Cherokee Nation of Oklahoma has exclusive authorization--

   Inserted: "(1) to 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

   Inserted: "(2) to market the electricity generated from any such hydroelectric generating facility.

   Inserted: "(b) Preconstruction Requirements.--

   Inserted: "(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).

   Inserted: "(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.

   Inserted: "(c) Payment of Design and Construction Costs.--

   Inserted: "(1) In general.--The Cherokee Nation shall--

   Inserted: "(A) bear all costs associated with the design and construction of any hydroelectric generating facility under subsection (a); and

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   Inserted: "(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.

   Inserted: "(2) Use by secretary.--The Secretary may--

   Inserted: "(A) accept funds offered by the Cherokee Nation under paragraph (1); and

   Inserted: "(B) use the funds to carry out the design and construction of any hydroelectric generating facility under subsection (a).

   Inserted: "(d) Assumption of Liability.--The Cherokee Nation--

   Inserted: "(1) shall hold all title to any hydroelectric generating facility constructed under this section;

   Inserted: "(2) may, subject to the approval of the Secretary, assign that title to a third party;

   Inserted: "(3) shall be solely responsible for--

   Inserted: "(A) the operation, maintenance, repair, replacement, and rehabilitation of any such facility; and

   Inserted: "(B) the marketing of the electricity generated by any such facility; and

   Inserted: "(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.

   Inserted: "(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).

   Inserted: "(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.".

   Original wording

   At the end of title V, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed