H.R.4948 - To amend the Water Resources Development Act of 1986 to clarify the role of the Cherokee Nation of Oklahoma in maintaining the W.D. Mayo Lock and Dam in Oklahoma.111th Congress (2009-2010)
Summary: H.R.4948 — 111th Congress (2009-2010)
Introduced in House (03/25/2010)
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.
Requires the Cherokee Nation to obtain any permit required by federal or state law before the date on which construction begins on such facilities, except for 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 the Cherokee Nation to: (1) bear all costs associated with the design and construction; (2) provide any funds necessary for such design and construction to the Secretary prior to the Secretary initiating activities related to such design and construction; (3) hold all title to any hydroelectric generating facility constructed under this Act and allows such Nation to assign such title to a third party, subject to the Secretary's approval; (4) be solely responsible for the operation, maintenance, repair, replacement, and rehabilitation of any such facility; and (5) release and indemnify the United States from all liabilities that may arise out of such design and construction.
Authorizes: (1) the Secretary to provide any technical and construction management assistance that is requested by the Cherokee 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.