Page:United States Statutes at Large Volume 100 Part 5.djvu/762

 100 STAT. 4236

PUBLIC LAW 99-662—NOV. 17, 1986

SEC. 1117. W.D. MAYO LOCK AND DAM.

Indians. Oklahoma.

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(a) Notwithstanding any other provision of law, the Cherokee Nation of Oklahoma is authorized to design and construct hydroelectric generating facilities at the W.D. Mayo Lock and Dam on the Arkansas River in Oklahoma, as described in the report of the Chief of Engineers dated December 23, 1981: Provided, That, the agreement described in subsection (d) of this section is executed by all parties described in subsection Qo) of this section. (b)(1) Conditioned upon the parties agreeing to mutually acceptable terms and conditions, the Secretary and the Secretary of Energy, acting through the Southwestern Power Administration, may enter into a binding agreement with the Cherokee Nation of Oklahoma under which the Cherokee Nation of Oklahoma agrees— (A) to design and initiate construction of the generating facilities referred to in subsection (a) of this section within three years after the date of such agreement, (B) to reimburse the Secretary for his costs in— (i) approving such design and inspecting such construction, and "" (ii) providing any assistance authorized under subsection (c)(2) of this section, and (C) to release and indemnify the United States from any Si claims, causes of action, or liabilities which may arise from such design or construction. (2) Such agreement shall also specify— (A) the procedures and requirements for approval and acceptvf ance of such design and construction are set forth, (B) the rights, responsibilities, and liabilities of each party to the agreement are set forth, and (3) the amount of the payments under subsection (f) of this section, and the procedures under which such payments are to be made, are set forth. (c)(1) No Federal funds may be expended for the design or construction of the generating facilities referred to in subsection (a) of this section prior to the date on which such facilities are accepted by the Secretary under subsection (d) of this section. (2) Notwithstanding any other provision of law, the Secretary is authorized to provide, on a reimbursable basis, any assistance requested by the Cherokee Nation of Oklahoma in connection with the design or construction of the generating facilities referred to in subsection (a) of this section. (d)(1) Notwithstanding any other provision of law, upon completion of the construction of the generating facilities referred to in subsection (a) of this section, and final approval of such facilities by the Secretary— (A) the Cherokee Nation of Oklahoma shall transfer title to such facilities to the United States, and (B) the Secretary shall— (i) accept the transfer of title to such generating facilities ^" ' on behalf of the United States, and (ii) operate and maintain such facilities. (2) The Secretary is authorized to accept title to such facilities only after certifying that the quality of the construction meets all standards established for similar facilities constructed by the Secretary.

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