[Congressional Record Volume 164, Number 61 (Monday, April 16, 2018)]
[House]
[Pages H3323-H3326]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EASTERN BAND OF CHEROKEE HISTORIC LANDS REACQUISITION ACT
Mr. McCLINTOCK. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 146) to take certain Federal lands in Tennessee into trust
for the benefit of the Eastern Band of Cherokee Indians, and for other
purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 146
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
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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 one 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 one 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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The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. McClintock) and the gentlewoman from Hawaii (Ms.
Hanabusa) each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. McCLINTOCK. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. McCLINTOCK. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, the Band Eastern of Cherokee Indians is a relatively
small Tribe located in the Great Smoky Mountains of western North
Carolina and is headquartered in Cherokee, North Carolina. The Tribe's
reservation covers over 51,000 acres in a region known as the Qualla
Boundary.
After the completion of the Tellico Dam in Loudon County, Tennessee,
in 1979, the Tribe continued in active communication with the Tennessee
Valley Authority on any areas impacted that the Tribe believed was of
historical significance to them.
H.R. 146 would place approximately 96 acres of Tennessee Valley
Authority land in Monroe County, Tennessee, along the shores of the
Little Tennessee River and Tellico Reservoir into trust for the benefit
of the Eastern Band of Cherokee Indians.
Gaming pursuant to the Indian Gaming Regulatory Act would be
prohibited. Most of the parcels to be placed in trust under this bill
will be used for memorializing and interpreting the history of the
Eastern Band of Cherokee Indians, and the remaining parcels will be
used for recreational trails.
Mr. Speaker, I urge adoption of the measure, and I reserve the
balance of my time.
Ms. HANABUSA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the Eastern Band of Cherokee Indians is one of three
federally recognized Cherokee Tribes. Their ancestral homeland includes
substantial parts of seven Eastern States, including Tennessee.
In 1979, the completion of the Tellico Dam by the Tennessee Valley
Authority caused a large area of their ancestral lands along the Little
Tennessee River to be flooded, covering many historic Tribal sites.
The Cherokee can never recover those flooded lands, but there are
other sites in the area that are in need of protection and
preservation.
H.R. 146 aids in this cause by transferring approximately 76 acres of
historically significant lands from the TVA to the United States to be
held in trust for the Eastern Band of Cherokee. This would give the
Eastern Band greater control over their historic homelands as well as
the opportunity to memorialize the history and culture of the Cherokee
people.
I support this legislation and urge my colleagues to vote in favor of
this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. McCLINTOCK. Mr. Speaker, I yield such time as he may consume to
the gentleman from Tennessee (Mr. Fleischmann), the author of this
measure, a tireless advocate for the State of Tennessee.
Mr. FLEISCHMANN. Mr. Speaker, I thank the chairman for yielding, and
the ranking member. I appreciate the great opportunity to address the
House today.
Mr. Speaker, I have spent a lot of time in this Chamber over the past
8 years, sometimes in sorrow when we have come together as a nation,
sometimes in celebration, a lot of highs and lows, but tonight is a
very special night as I offer the Eastern Band Cherokee Historic Lands
Reacquisition Act.
It is special for a lot of reasons, because in my district, I
represent an east Tennessee district of 11 wonderful counties,
outstanding people, but I received a contact years ago from the Eastern
Band of Cherokee Indians, and they came to me, and they said:
Congressman, will you please help us with a situation, with a problem,
with a promise that was made and a promise that was unfulfilled to us?
So I sat down with the Eastern Band of Cherokee Indians. They are from
North Carolina, a sister State to Tennessee.
They told me the story. And, of course, we know the story of the
Trail of Tears, where over 15,000 Cherokee were forcibly removed from
their home in east Tennessee out West. Some avoided capture and stayed
in this area, and they remain today. Some came back from the West and
now are in a vibrant community in North Carolina.
But the sadness of this broken promise, another broken promise to our
Native Americans, was something that was staggering, because there is a
place called Tanasi, T-A-N-A-S-I. Sound familiar? That is what the
great State of Tennessee, that area I represent, was named after, but
this was the Cherokee capital in Monroe County, the area I represent
today.
Well, they were promised, a long time ago and a short time ago, that
they would have the return of these 76 key acres. It is amazing. Even
today, as I have fought for our Native Americans in our great State of
Tennessee, we had to overcome stereotypes. People said: Oh, gosh, they
want to have a casino.
We said: No. This is a return of their sacred homeland over their
sacred capital.
So in this legislation, there is a no-gaming provision.
This should be something that Members on both sides of the aisle,
Republicans and Democrats, embrace as a matter of civil liberties, as a
matter of doing the right thing, as a matter of keeping our broken
promises made for a change.
What are we going to do with this land? We are going to honor
Sequoia, as we do in this great capital, we are going to honor Cherokee
culture.
What is great about this bill is our surrounding counties in Monroe
County, where this exists, in McMinn County, in Polk County, counties I
represent, the local people want this. They want to bring the Cherokee
back and honor the Cherokee.
Can this undo the foils of history that happened to the Cherokee? No,
it cannot. But this bill, in some meaningful way, can restore the
Cherokee homeland to them, their capital to them. This is something I
think all Americans can and should embrace.
In this great people's House in which we all serve, this is something
that we all can vote for and all embrace. Keep this broken promise that
was long overdue, honor Cherokee tradition, and do something that is
really right for all Americans.
Mr. Speaker, I ask my colleagues on both sides of the aisle to do
what we have done, embrace this bill, embrace this opportunity, and
honor a great tradition in America, the Cherokee Nation.
Mr. Speaker, I thank my colleagues on both sides of this aisle, I
thank my constituents at home for the privilege of representing the
great State of Tennessee, and I thank my friends in the Cherokee Nation
for asking that Tanasi be brought home where it belongs.
Ms. HANABUSA. Mr. Speaker, may I inquire if the gentleman from
California has any more speakers?
Mr. McCLINTOCK. Mr. Speaker, I am prepared to close.
Ms. HANABUSA. Mr. Speaker, I will close.
Mr. Speaker, I support this legislation and urge my colleagues to
vote in favor of this great bill.
Mr. Speaker, I yield back the balance of my time.
Mr. McCLINTOCK. Mr. Speaker, I ask for adoption of the measure, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. McClintock) that the House suspend the
rules and pass the bill, H.R. 146, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. McCLINTOCK. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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