Sec. 2011. CORPS OF ENGINEERS LOCK AND DAM ENERGY DEVELOPMENT
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## SEC. 2011 CORPS OF ENGINEERS LOCK AND DAM ENERGY DEVELOPMENT Section 1117 of the Water Resources Development Act of 1986 (100 Stat. 4236) is amended to read as follows: > > ## “SEC. 1117 W.D. MAYO LOCK AND DAM > > > ### “(a) In General > > The Cherokee Nation of Oklahoma may— > > > #### “(1) > > design and construct one or more hydroelectric generating facilities at the W.D. Mayo Lock and Dam on the Arkansas River, Oklahoma; and > > > #### “(2) > > market the electricity generated from any such facility. > > > ### “(b) Preconstruction Requirements > > > #### “(1) Permits > > Before the date on which construction of a hydroelectric generating facility begins under subsection (a), the Cherokee Nation shall obtain any permit required under Federal or State law, except that the Cherokee Nation shall be exempt from licensing requirements that may otherwise apply to construction, operation, or maintenance of the facility under the Federal Power Act (16 U.S.C. 791a et seq.). > > > #### “(2) Review of plans and specifications > > 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 Secretary may accept funds offered by the Cherokee Nation and use such funds to carry out the design and construction of a hydroelectric generating facility under subsection (a). > > > #### “(2) Allocation of costs > > The Cherokee Nation shall— > > > ##### “(A) > > bear all costs associated with the design and construction of a 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 related to the design and construction. > > > ### “(d) Assumption of Liability > > The Cherokee Nation shall— > > > #### “(1) > > hold all title to a hydroelectric generating facility constructed under subsection
(a)and may, subject to the approval of the Secretary, assign such title to a third party; > > > #### “(2) > > be solely responsible for— > > > ##### “(A) > > the operation, maintenance, repair, replacement, and rehabilitation of the facility; and > > > ##### “(B) > > the marketing of the electricity generated by the facility; and > > > #### “(3) > > 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 > > The Secretary may provide technical and construction management assistance requested by the Cherokee Nation relating to the design and construction of a 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 are necessary to carry out this section.” > .
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- 100 Stat. 4236
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