[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2088 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 119
117th CONGRESS
  1st Session
                                H. R. 2088

                          [Report No. 117-164]

 To take certain Federal lands in Tennessee into trust for the benefit 
    of the Eastern Band of Cherokee Indians, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 19, 2021

 Mr. Fleischmann introduced the following bill; which was referred to 
                   the Committee on Natural Resources

                            November 1, 2021

  Reported from the Committee on Natural Resources; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed

_______________________________________________________________________

                                 A BILL


 
 To take certain Federal lands in Tennessee into trust for the benefit 
    of the Eastern Band of Cherokee Indians, and for other purposes.


 


    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.
                                                 Union Calendar No. 119

117th CONGRESS

  1st Session

                               H. R. 2088

                          [Report No. 117-164]

_______________________________________________________________________

                                 A BILL

 To take certain Federal lands in Tennessee into trust for the benefit 
    of the Eastern Band of Cherokee Indians, and for other purposes.

_______________________________________________________________________

                            November 1, 2021

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed