[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 548 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 548
To take certain Federal lands in Tennessee into trust for the benefit
of the Eastern Band of Cherokee Indians.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 26, 2023
Mr. Fleischmann introduced the following bill; which was referred to
the Committee on Natural Resources
_______________________________________________________________________
A BILL
To take certain Federal lands in Tennessee into trust for the benefit
of the Eastern Band of Cherokee Indians.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eastern Band of Cherokee Historic
Lands Reacquisition Act''.
SEC. 2. LAND TAKEN INTO TRUST FOR THE EASTERN BAND OF CHEROKEE INDIANS.
(a) Lands Into Trust.--Subject to such rights of record as may be
vested in third parties to rights-of-way or other easements or rights-
of-record for roads, utilities, or other purposes, the following
Federal lands managed by the Tennessee Valley Authority and located on
or above the 820-foot (MSL) contour elevation in Monroe County,
Tennessee, on the shores of Tellico Reservoir, are declared to be held
in trust by the United States for the use and benefit of the Eastern
Band of Cherokee Indians:
(1) Sequoyah museum property.--Approximately 46.0 acres of
land generally depicted as ``Sequoyah Museum'', ``Parcel 1'',
and ``Parcel 2'' on the map titled ``Eastern Band of Cherokee
Historic Lands Reacquisition Map 1'' and dated April 30, 2015.
(2) Support property.--Approximately 11.9 acres of land
generally depicted as ``Support Parcel'' on the map titled
``Eastern Band of Cherokee Historic Lands Reacquisition Map 2''
and dated April 30, 2015.
(3) Chota memorial property and tanasi memorial property.--
Approximately 18.2 acres of land generally depicted as ``Chota
Memorial 1'' and ``Tanasi Memorial'' on the map titled
``Eastern Band of Cherokee Historic Lands Reacquisition Map 3''
and dated April 30, 2015, and including the Chota Memorial and
all land within a circle with a radius of 86 feet measured from
the center of the Chota Memorial without regard to the
elevation of the land within the circle.
(b) Property on Lands.--In addition to the land taken into trust by
subsection (a), the improvements on and appurtenances thereto,
including memorials, are and shall remain the property of the Eastern
Band of Cherokee Indians.
(c) Revised Maps.--Not later than 1 year after the date of a land
transaction made pursuant to this section, the Tennessee Valley
Authority, after consultation with the Eastern Band of Cherokee Indians
and the Secretary of the Interior, shall submit revised maps that
depict the land taken into trust under this section, including any
corrections made to the maps described in this section to the Committee
on Natural Resources of the House of Representatives and the Committee
on Indian Affairs of the Senate.
(d) Contour Elevation Clarification.--The contour elevations
referred to in this Act are based on MSL Datum as established by the
NGS Southeastern Supplementary Adjustment of 1936 (NGVD29).
(e) Conditions.--The lands taken into trust under this section
shall be subject to the conditions described in section 5.
SEC. 3. PERMANENT EASEMENTS TAKEN INTO TRUST FOR THE EASTERN BAND OF
CHEROKEE INDIANS.
(a) Permanent Easements.--The following permanent easements for
land below the 820-foot (MSL) contour elevation for the following
Federal lands in Monroe County, Tennessee, on the shores of Tellico
Reservoir, are declared to be held in trust by the United States for
the benefit of the Eastern Band of Cherokee Indians:
(1) Chota peninsula.--Approximately 8.5 acres of land
generally depicted as ``Chota Memorial 2'' on the map titled
``Eastern Band of Cherokee Historic Lands Reacquisition Map 3''
and dated April 30, 2015.
(2) Chota-tanasi trail.--Approximately 11.4 acres of land
generally depicted as ``Chota-Tanasi Trail'' on the map titled
``Eastern Band of Cherokee Historic Lands Reacquisition Map 3''
and dated April 30, 2015.
(b) Revised Maps.--Not later than 1 year after the date of a land
transaction made pursuant to this section, the Tennessee Valley
Authority, after consultation with the Eastern Band of Cherokee Indians
and the Secretary of the Interior, shall submit to the Committee on
Natural Resources of the House of Representatives and the Committee on
Indian Affairs of the Senate revised maps that depict the lands subject
to easements taken into trust under this section, including any
corrections necessary to the maps described in this section.
(c) Conditions.--The lands subject to easements taken into trust
under this section shall be subject to the use rights and conditions
described in section 5.
SEC. 4. TRUST ADMINISTRATION AND PURPOSES.
(a) Applicable Laws.--Except as described in section 5, the lands
subject to this Act shall be administered under the laws and
regulations generally applicable to lands and interests in lands held
in trust on behalf of Indian tribes.
(b) Use of Land.--Except the lands described in section 2(a)(2),
the lands subject to this Act shall be used principally for
memorializing and interpreting the history and culture of Indians and
recreational activities, including management, operation, and conduct
of programs of and for--
(1) the Sequoyah birthplace memorial and museum;
(2) the memorials to Chota and Tanasi as former capitals of
the Cherokees;
(3) the memorial and place of reinterment for remains of
the Eastern Band of Cherokee Indians and other Cherokee tribes,
including those transferred to the Eastern Band of Cherokee
Indians and other Cherokee tribes and those human remains and
cultural items transferred by the Tennessee Valley Authority to
those Cherokee tribes under the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3001 et seq.); and
(4) interpreting the Trail of Tears National Historic
Trail.
(c) Use of Support Property.--The land described in section 2(a)(2)
shall be used principally for the support of lands subject to this Act
and the programs offered by the Tribe relating to such lands and their
purposes including--
(1) classrooms and conference rooms;
(2) cultural interpretation and education programs;
(3) temporary housing of guests participating in such
programs or the management of the properties and programs; and
(4) headquarters offices and support space for the trust
properties and programs.
(d) Land Use.--The principal purposes of the use of the land
described in section 3(a)--
(1) paragraph (1), shall be for a recreational trail from
the general vicinity of the parking lot to the area of the
Chota Memorial and beyond to the southern portion of the
peninsula, including interpretive signs, benches, and other
compatible improvements; and
(2) paragraph (2), shall be for a recreational trail
between the Chota and Tanasi Memorials, including interpretive
signs, benches, and other compatible improvements.
SEC. 5. USE RIGHTS, CONDITIONS.
(a) Flooding of Land and Roads.--The Tennessee Valley Authority may
temporarily and intermittently flood the lands subject to this Act that
lie below the 824-foot (MSL) contour elevation and the road access to
such lands that lie below the 824-foot (MSL) contour elevation.
(b) Facilities and Structures.--The Eastern Band of Cherokee
Indians may construct, own, operate, and maintain--
(1) water use facilities and nonhabitable structures,
facilities, and improvements not subject to serious damage if
temporarily flooded on the land adjoining the Tellico Reservoir
side of the lands subject to this Act that lie between the 815-
foot and 820-foot (MSL) contour elevations, but only after
having received written consent from the Tennessee Valley
Authority and subject to the terms of such approval; and
(2) water use facilities between the 815-foot (MSL) contour
elevations on the Tellico Reservoir side of the lands subject
to this Act and the adjacent waters of Tellico Reservoir and in
and on such waters after having received written consent from
the Tennessee Valley Authority and subject to the terms of such
approval, but may not construct, own, operate, or maintain
other nonhabitable structures, facilities, and improvements on
such lands.
(c) Ingress and Egress.--The Eastern Band of Cherokee Indians may
use the lands subject to this Act and Tellico Reservoir for ingress and
egress to and from such land and the waters of the Tellico Reservoir
and to and from all structures, facilities, and improvements maintained
in, on, or over such land or waters.
(d) River Control and Development.--The use rights under this
section may not be exercised so as to interfere in any way with the
Tennessee Valley Authority's statutory program for river control and
development.
(e) TVA Authorities.--Nothing in this Act shall be construed to
affect the right of the Tennessee Valley Authority to--
(1) draw down Tellico Reservoir;
(2) fluctuate the water level thereof as may be necessary
for its management of the Reservoir; or
(3) permanently flood lands adjacent to lands subject to
this Act that lie below the 815-foot (MSL) contour elevation.
(f) Right of Entry.--The lands subject to this Act shall be subject
to a reasonable right of entry by the personnel of the Tennessee Valley
Authority and agents of the Tennessee Valley Authority operating in
their official capacities as necessary for purposes of carrying out the
Tennessee Valley Authority's statutory program for river control and
development.
(g) Entry Onto Land.--To the extent that the Tennessee Valley
Authority's operations on the lands subject to this Act do not
unreasonably interfere with the Eastern Band of Cherokee Indians'
maintenance of an appropriate setting for the memorialization of
Cherokee history or culture on the lands and its operations on the
lands, the Eastern Band of Cherokee Indians shall allow the Tennessee
Valley Authority to enter the lands to clear, ditch, dredge, and drain
said lands and apply larvicides and chemicals thereon or to conduct
bank protection work and erect structures necessary in the promotion
and furtherance of public health, flood control, and navigation.
(h) Loss of Hydropower Capacity.--All future development of the
lands subject to this Act shall be subject to compensation to the
Tennessee Valley Authority for loss of hydropower capacity as provided
in the Tennessee Valley Authority Flood Control Storage Loss Guideline,
unless agreed to otherwise by the Tennessee Valley Authority.
(i) Protection From Liability.--The United States shall not be
liable for any loss or damage resulting from--
(1) the temporary and intermittent flooding of lands
subject to this Act;
(2) the permanent flooding of adjacent lands as provided in
this section;
(3) wave action in Tellico Reservoir; or
(4) fluctuation of water levels for purposes of managing
Tellico Reservoir.
(j) Continuing Responsibilities.--The Tennessee Valley Authority
shall--
(1) retain sole and exclusive Federal responsibility and
liability to fund and implement any environmental remediation
requirements that are required under applicable Federal or
State law for any land or interest in land to be taken into
trust under this Act, as well as the assessments under
paragraph (2) to identify the type and quantity of any
potential hazardous substances on the lands;
(2) prior to the acquisition in trust, carry out an
assessment and notify the Secretary of the Interior and the
Eastern Band of Cherokee Indians whether any hazardous
substances were stored on the lands and, if so, whether those
substances--
(A) were stored for 1 year or more on the lands;
(B) were known to have been released on the lands;
or
(C) were known to have been disposed of on the
lands; and
(3) if the assessment under paragraph (2) shows that
hazardous substances were stored, released, or disposed of on
the lands, include in its notice under paragraph (2) to the
Secretary of the Interior and the Eastern Band of Cherokee
Indians--
(A) the type and quantity of such hazardous
substances;
(B) the time at which such storage, release, or
disposal took place on the lands; and
(C) a description of any remedial actions, if any,
taken on the lands.
SEC. 6. LANDS SUBJECT TO THE ACT.
For the purposes of this Act, the term ``lands subject to this
Act'' means lands and interests in lands (including easements) taken
into trust for the benefit of the Eastern Band of Cherokee Indians
pursuant to or under this Act.
SEC. 7. GAMING PROHIBITION.
No class II or class III gaming, as defined in the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.), shall be conducted on lands
subject to this Act.
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