[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

[[Page H3324]]

     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.


[[Page H3325]]


  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.

[[Page H3326]]

  

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