[Congressional Record Volume 167, Number 191 (Monday, November 1, 2021)]
[House]
[Pages H6050-H6052]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       EASTERN BAND OF CHEROKEE HISTORIC LANDS REACQUISITION ACT

  Ms. LEGER FERNANDEZ. Madam Speaker, I move to suspend the rules and 
pass the bill (H.R. 2088) 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. 2088

       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

[[Page H6051]]

     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. Leger Fernandez) and the gentleman from Arkansas (Mr. 
Westerman) each will control 20 minutes.
  The Chair recognizes the gentlewoman from New Mexico.


                             General Leave

  Ms. LEGER FERNANDEZ. Madam 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. LEGER FERNANDEZ. Madam Speaker, I yield myself such time as I may 
consume.
  H.R. 2088, the Eastern Band of Cherokee Historic Lands Reacquisition 
Act, introduced by Representative Fleischmann from Tennessee, takes 
specified lands and easements in Monroe County, Tennessee, into trust 
for the use and benefit of the Eastern Band of Cherokee Indians.
  These areas include the Sequoyah Museum, the Chota Memorial, the 
Tanasi Memorial, and land to support these properties and cultural 
programs.
  The Eastern Band of Cherokee Indians is one of three federally 
recognized Cherokee Tribes and is the only federally recognized Tribe 
in North Carolina.
  The Eastern Band's ancestral homeland includes substantial parts of 
seven eastern States, including Tennessee. The 57,000-acre Qualla 
Boundary is the name of the Cherokee Indian Reservation in North 
Carolina.
  In 1979, the completion of the Tellico Dam by the Tennessee Valley 
Authority caused large areas of the Eastern Band's ancestral lands 
along the Little Tennessee River to be flooded, completely submerging 
the sacred sites and archaeological remains of the historic Overland 
Cherokee towns, including the Cherokee capitals of the 1700s.
  The Eastern Band can never recover these flooded lands and sites. 
Especially with that loss in mind, it is important to recognize that 
there are other locations in the area that require protection and 
preservation, and we can do that today.
  H.R. 2088 helps this cause by transferring approximately 76 acres of 
historically significant lands from the TVA to the U.S. Government to 
be held in trust for the Eastern Band of Cherokee Indians. It also 
grants two permanent easements over TVA property to be held in trust 
for the Tribe to create recreational trails between the sites.
  This legislation will give the Eastern Band greater control over 
their historic homelands and the opportunity to memorialize the history 
and culture of the Cherokee people.
  I support H.R. 2088, and I urge my colleagues to vote in favor of 
this bill.
  Madam Speaker, I reserve the balance of my time.
  Mr. WESTERMAN. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise in support of H.R. 2088, the Eastern Band of 
Cherokee Historic Lands Reacquisition Act, as amended.

[[Page H6052]]

  I thank Chairman Grijalva and Chairwoman Leger Fernandez for their 
cooperation on this bill.
  The Eastern Band of Cherokee Indians is a relatively small Tribe 
located in the Great Smoky Mountains of western North Carolina. The 
Tribe's reservation covers over 50,000 acres in a region known as the 
Qualla Boundary.
  After the completion of the Tellico Dam in Loudon County, Tennessee, 
in 1979, the Tribe explained to the Tennessee Valley Authority that 
there were areas of historic significance impacted by the dam.
  H.R. 2088 would place Tennessee Valley Authority land and permanent 
easements into trust along the shores of the Little Tennessee River and 
Tellico Reservoir in Monroe County, Tennessee, for the benefit of the 
Eastern Band of Cherokee Indians.
  The parcels to be placed in trust under the bill would primarily be 
used for memorializing and interpreting the history of the Eastern Band 
of Cherokee Indians. Gaming pursuant to the Indian Gaming Regulatory 
Act would be prohibited, and TVA will be able to continue carrying out 
river control and development to power the Tennessee Valley region.
  Madam Speaker, I urge adoption of the measure, and I recognize the 
gentleman from Tennessee (Mr. Fleischmann) for his continued work on 
this important legislation.
  Madam Speaker, I yield such time as he may consume to the gentleman 
from Tennessee (Mr. Fleischmann).
  Mr. FLEISCHMANN. Madam Speaker, I rise in support of my bill, H.R. 
2088, the Eastern Band of Cherokee Historic Lands Reacquisition Act.
  The great State of Tennessee, my home State, gets its name from the 
historic Overhill Cherokee village site called Tanasi located in 
present-day Monroe County, Tennessee. Tanasi served as the capital of 
the Cherokee people from as early as 1721.
  Unfortunately, as a result of misguided Federal policies, the 
Cherokee people were forcibly removed from their homes in Tennessee and 
surrounding States. This tragic period in American history led to the 
Trail of Tears, a journey on which the United States forcibly marched 
15,000 Cherokees to the Indian territory.
  My bill, the Eastern Band of Cherokee Historic Lands Reacquisition 
Act, returns important historical sites back to the Eastern Band of 
Cherokee Indians, the Tribal Nation comprised of descendants of those 
Cherokees who resisted removal in the Great Smoky Mountains.
  It is on these same lands where the Eastern Band of Cherokee Indians 
have for decades honored the birthplace of Sequoyah, whose likeness we 
have all had the opportunity to pass as we make our way from the 
rotunda of our Capitol to this House floor.
  H.R. 2088 would return 76.1 acres of TVA land back to the Eastern 
Band of Cherokees in trust and grant two permanent easements over TVA 
property to be held in trust for the Tribe for creating recreational 
trails between the sites.

  The Tribe is committed to improving the educational resources of the 
Sequoyah Birthplace Museum and to providing a means for economic 
development for the local community through cultural tourism.
  The Cherokee Nation has a rich history in the Third District of 
Tennessee, and I am grateful to be engaged in the process to safeguard 
their story.
  This exact piece of legislation has easily passed the House with 
broad bipartisan support for the last two Congresses. I strongly urge 
Members of the United States Senate to understand the importance of 
Cherokee Tribal land preservation and to support H.R. 2088 so that it 
may be brought to President Biden's desk in an accelerated manner.
  November serves as Indigenous People's Month, and I encourage all of 
my colleagues in both Chambers to join in passing this momentous piece 
of legislation.
  Ms. LEGER FERNANDEZ. Madam Speaker, I reserve the balance of my time.
  Mr. WESTERMAN. Madam Speaker, I again thank the gentleman from 
Tennessee for his work on this legislation. I thank the chairman and 
the chairwoman for their work on this package of bills.
  Madam Speaker, I urge adoption of this bill, and I yield back the 
balance of my time.
  Ms. LEGER FERNANDEZ. Madam Speaker, I yield myself the balance of my 
time.
  I once again thank Ranking Member Westerman for his support of this 
package of bipartisan bills that we have brought to the floor today.
  It is historic that we begin this month with this commitment to these 
bills and to getting them passed in a bipartisan manner.
  I thank the gentleman from Tennessee (Mr. Fleischmann) for his work 
and for the bipartisan support we have today on this floor for cultural 
preservation of Tribal sites.
  The idea that we are committed to safeguard--that is such a beautiful 
word he used--the stories and places of sacred importance to Tribes 
because we know that too often they are overrun with other interests, 
that they take over, and they lose those sacred sites.
  I am so grateful to all of you for the support of this legislation 
and the other pieces of legislation that we have brought forward today, 
which we emphasize, and we dedicate ourselves to a new era where we are 
working to protect sacred sites, where we are making sure that the 
healthcare of Indian Tribes is maintained and improved in our urban 
areas.
  It is a very good day on the floor.
  I urge all my colleagues to support this bill and all eight bills we 
have brought forward today.
  Madam 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. Leger Fernandez) that the House 
suspend the rules and pass the bill, H.R. 2088, 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. GOOD of Virginia. Madam Speaker, on that I demand the yeas and 
nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this motion 
are postponed.

                          ____________________