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Code · BILL · 113th Congress · S. 601 (Engrossed in Senate) — To provide for the conservation and development of water and related resources, to authorize the Secretary of the Arm... · Sec. 5020

Sec. 5020. Rights and responsibilities of Cherokee Nation of Oklahoma regarding W.D. Mayo Lock and Dam, Oklahoma

390 words·~2 min read·/bill/113/s/601/es/section-5020

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Section 1117 of the Water Resources Development Act of 1986 ( Public Law 99–662 ; 100 Stat. 4236) is amended to read as follows: Notwithstanding any other provision of law, the Cherokee Nation of Oklahoma has authorization— 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 to market the electricity generated from any such hydroelectric generating facility. 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). 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. The Cherokee Nation shall— bear all costs associated with the design and construction of any hydroelectric generating facility under subsection (a); and 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. The Secretary may— accept funds offered by the Cherokee Nation under paragraph (1); and use the funds to carry out the design and construction of any hydroelectric generating facility under subsection (a). The Cherokee Nation— shall hold all title to any hydroelectric generating facility constructed under this section; may, subject to the approval of the Secretary, assign that title to a third party; shall be solely responsible for— the operation, maintenance, repair, replacement, and rehabilitation of any such facility; and the marketing of the electricity generated by any such facility; and 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. 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). 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. .
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  • Pub. L. 99-662
  • 100 Stat. 4236
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Sec. 5020
Rights and responsibilities of Cherokee Nation of Oklahoma regarding W.D. Mayo Lock and Dam, Oklahoma
Pub. L.Pub. L. 99-662
Stat.100 Stat. 4236
Cites 2Cited by 0 across 0 sources
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