Congressional Record, Volume 167 Issue 191 (Monday, November 1, 2021)

[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.

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