[Congressional Record Volume 165, Number 203 (Monday, December 16, 2019)]
[House]
[Pages H10302-H10304]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EASTERN BAND OF CHEROKEE HISTORIC LANDS REACQUISITION ACT
Ms. HAALAND. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 453) 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. 453
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
[[Page H10303]]
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.
SEC. 8. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
New Mexico (Ms. Haaland) and the gentleman from Arkansas (Mr.
Westerman) each will control 20 minutes.
The Chair recognizes the gentlewoman from New Mexico.
General Leave
Ms. HAALAND. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on the measure under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from New Mexico?
There was no objection.
Ms. HAALAND. 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, the TVA, caused large areas of their ancestral lands along
the Little Tennessee River to be flooded, covering many historic Tribal
sites. The Cherokee can never recover these flooded lands, but there
are other sites in the area that are in need of protection and
preservation.
[[Page H10304]]
H.R. 453 aids in this cause by transferring approximately 76 acres of
historically significant lands from the TVA's management to the United
States, to be held in trust for the Eastern Band of Cherokee.
Placing these lands into trust 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.
Mr. Speaker, I support H.R. 453, and I urge my colleagues to vote in
favor of this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, the Eastern Band of Cherokee Indians is a relatively
small Tribe located in the Great Smoky Mountains of western North
Carolina. The Tribe was opposed to the construction of the Tellico Dam
and, after its completion in 1979, worked with the Tennessee Valley
Authority regarding impacted areas that were of historic significance
to the Tribe. The Tribe currently manages most of these properties
under permanent easements granted in the mid-1980s as a result of an
informal agreement with TVA.
This bill would permanently transfer these properties, totaling
approximately 96 acres along the Little Tennessee River and the Tellico
Reservoir, in trust status for the Tribe.
Gaming, pursuant to the Indian Gaming Regulatory Act, would be
prohibited. Most of the parcels to be placed in trust under the bill
will be used for memorializing and interpreting the history of the
Eastern Band of Cherokee Indians. The remaining parcels will be used
for recreational trails.
I commend the gentleman from Tennessee (Mr. Fleischmann) for his
continued hard work on this legislation, which passed the House last
Congress by an overwhelming vote of 383-2. I hope the Senate will take
the opportunity to pass this worthy legislation this Congress.
Mr. Speaker, I urge adoption of the measure, and I reserve the
balance of my time.
Ms. HAALAND. Mr. Speaker, I have no further requests for time, and I
would inquire whether my colleague has any remaining speakers on his
side.
Mr. WESTERMAN. Mr. Speaker, I have one speaker.
Ms. HAALAND. Mr. Speaker, I reserve the balance of my time.
Mr. WESTERMAN. Mr. Speaker, I yield 4 minutes to the gentleman from
Tennessee (Mr. Fleischmann).
Mr. FLEISCHMANN. Mr. Speaker, I rise in support of my bill, H.R. 453,
and I thank both my Democratic and Republican colleagues for their
great, strong words of encouragement and support on this long-overdue
bill.
Mr. Speaker, the great State of Tennessee gets its name from the
historic Overhill Cherokee village site called Tanasi in present-day
Monroe County, Tennessee, one of my 11 counties that I proudly
represent in this, the people's House. Tanasi served as the capital of
the Cherokee Nation from as early as 1721 until 1730.
As a result of several misguided Federal policies, the Cherokee and
other Tribes were forcibly removed from Tennessee and surrounding
States, including North Carolina, South Carolina, Alabama, Georgia,
Kentucky, and Virginia. This tragic period in American history led to
the infamous Trail of Tears.
My bill, the Eastern Band of Cherokee Historic Lands Reacquisition
Act, returns important historical land sites back to the Eastern Band
of Cherokee Indians.
I want the Members of this House to understand that this was a
promise that was made by the people of Tennessee and the TVA to the
Cherokee decades ago. This is not something new. The promise was made,
and the promise was not kept.
Many of the Eastern Band remained in east Tennessee. In other words,
when this forced removal came, they refused to go. They hid, and then
they came back.
Fortunately, today, the Eastern Band of Cherokee Indians is a proud
Cherokee Nation in my district, and this 76.1 acres is their sacred
homeland. This needs to be returned to them.
My district also includes several areas where Sequoyah was, and still
is, honored by the Cherokee. As we go to vote, we see her likeness, her
image, her bust here in this Capitol, but that is something that the
Cherokees still want to honor on this land in Tennessee.
What is so important? This is so important that TVA, the United
States of America, the great State of Tennessee, and the Eastern Band
of Cherokee Indians have all come together to right a long-term wrong.
We will honor and cherish Cherokee history and Cherokee traditions with
this bill in Monroe County, Tennessee.
At a time when this House, perhaps even this Nation, is divided on a
lot of issues, I have received overwhelming bipartisan support in this
House for this bill, from Republicans and Democrats and from up the
hall in the United States Senate. Senator Marsha Blackburn, Senator
Lamar Alexander, and Senator Thom Tillis, Representative Phil Roe,
Representative Mark Meadows, and Representative Tom Cole have all
helped us.
Without further ado, Mr. Speaker, I urge prompt consideration and
support of my bill.
Mr. WESTERMAN. Mr. Speaker, I again commend the gentleman from
Tennessee for his work on this bill. The Trail of Tears passes through
my district in Arkansas. Again, this is a long-overdue bill.
I urge passage of it in the House, and I urge our friends in the
Senate to take up the bill and pass it, as well.
Mr. Speaker, I yield back the balance of my time.
Ms. HAALAND. Mr. Speaker, I also wholeheartedly support this
legislation, and I urge my colleagues to support it, as well.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from New Mexico (Ms. Haaland) that the House suspend the
rules and pass the bill, H.R. 453, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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