[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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