Page:United States Statutes at Large Volume 100 Part 5.djvu/763

 PUBLIC LAW 99-662—NOV. 17, 1986

100 STAT. 4237

(e) Pursuant to any agreement under subsection (b) of this section, the Southwestern Power Administration shall market the excess power produced by the generating facilities referred to in subsection (a) of this section in accordance with section 5 of the Act of December 22, 1944 (58 Stat. 890; 16 U.S.C. 825s). (f) Notwithstanding any other provision of law, the Secretary of Energy, acting through the Southwestern Power Administration, is authorized to pay to the Cherokee Nation of Oklahoma, in accordance with the terms of the agreement entered into under subsection Q)) of this section, out of the revenues from the sale of power produced by the generating facilities of the interconnected systems of reservoirs operated by the Secretary and marketed by the Southwestern Power Administration— (1) all reasonable costs incurred by the Cherokee Nation of Oklahoma in the design and construction of the generating facilities referred to in subsection (a) of this section, including the capital investment in such facilities and a reasonable rate of return on such capital investment, and (2) for a period not to exceed fifty years, a reasonable annual royalty for the design and construction of the generating facilities referred to in subsection (a) of this section. (g) Notwithstanding any other provision of law, the Secretary of Energy, acting through the Southwestern Power Administration, is authorized— (1) to construct such transmission facilities as necessary to .,.-,,, market the power produced at the generating facilities referred to in subsection (a) of this section with funds contributed by non-Federal sources, and (2) to repay those funds, including interest and any administrative expenses, directly from the revenues from the sale of power produced by the generating facilities of the interconnected systems of reservoirs operated by the Secretary and marketed by the Southwestern Power Administration. (h) There are authorized to be appropriated to the Secretary for Appropriation the fiscal year in which title to the generating facilities is trans- authorization. ferred and accepted under subsection (d) of this section, and for each succeeding ilscal year, such sums as may be necessary to operate and maintain such facilities. SEC. 1118. CAVEN POINT, NEW JERSEY.

33 USC 59n-l.

That portion of the Hudson River in the New York Bay consisting of— (1) all that piece or parcel of land, containing 120.54 acres, situate, lying and being in the city of Jersey City, Hudson County, State of New Jersey, upon or around that certain lot or piece of land known as the Caven Point Area; and (2) all that piece or parcel of land, containing 18 acres more or less, situate on the northwesterly side of New Jersey State Highway Route 185, more particularly described in the Congressional Record dated Mgirch 11, 1986, pages S2446-2447, is hereby declared to be not a navigable water of the United States withm the meaning of the Constitution and the laws of the United States, except for the purposes of the Federal Water Pollution Control Act.

33 USC 1251 note.

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