[Congressional Record Volume 169, Number 24 (Monday, February 6, 2023)]
[House]
[Pages H689-H692]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EASTERN BAND OF CHEROKEE HISTORIC LANDS REACQUISITION ACT
Mr. WESTERMAN. Madam Speaker, I move to suspend the rules and pass
the bill (H.R. 548) to take certain Federal lands in Tennessee into
trust for the benefit of the Eastern Band of Cherokee Indians.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 548
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
[[Page H690]]
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 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.
[[Page H691]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arkansas (Mr. Westerman) and the gentlewoman from New Mexico (Ms. Leger
Fernandez) each will control 20 minutes.
The Chair recognizes the gentleman from Arkansas.
General Leave
Mr. WESTERMAN. Madam Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and to include extraneous material on H.R. 548, the bill now under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arkansas?
There was no objection.
Mr. WESTERMAN. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise in support of H.R. 548, the Eastern Band of
Cherokee Historic Lands Reacquisition Act, introduced by my friend from
Tennessee, Congressman Fleischmann. H.R. 548 places approximately 96
acres of 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.
These areas include the Sequoyah Birthplace Museum, the Chota
Memorial, the Tanasi Memorial, and land to support these properties and
cultural programs.
The parcels placed into trust under the bill will primarily be used
to memorialize and interpret the history of the Eastern Band of
Cherokee Indians.
The Eastern Band of Cherokee Indians is one of three federally
recognized Cherokee Tribes and is the only federally recognized Tribe
in North Carolina. Their 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, after the completion of the
Tellico Dam by the Tennessee Valley Authority, or TVA, the Tribe
approached the TVA about lands that are of historical significance to
the Tribe that were impacted by the dam.
The Tribe and the TVA informally agreed to allow the Tribe to manage
two easements in 1984 and 1986, including the Sequoyah Birthplace
Museum.
H.R. 548 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 places 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.
Gaming pursuant to the Indian Gaming Regulatory Act will be
prohibited, and the bill also ensures that the TVA will be able to
continue its river control and development activities to power the
Tennessee Valley region.
I urge adoption of the measure, and I commend the gentleman from
Tennessee for his continued work on this important legislation.
Madam Speaker, I reserve the balance of my time.
Ms. LEGER FERNANDEZ. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I would first like to start by thanking the chairman
of the Committee on Natural Resources as well as the sponsor of the
bill for bringing this bill to the floor of the House today. These
bipartisan bills affecting Native American Tribes and Nations in our
country are very important and very significant for the Tribes that are
seeking land into trust recognition.
This bill itself is an example of how the various agencies and local
entities within Tennessee worked together to come up with a compromise
bill that can be supported by all. I look forward to having these bills
actually get signed into law as they have passed in Congresses past.
As noted, H.R. 548 is the Eastern Band of Cherokee Historic Lands
Reacquisition Act introduced by Representative Fleischmann of
Tennessee. We noted that it is intended to take lands and easements
into trust for the use and benefit of the Eastern Band of Cherokee
Nation.
As we pointed out, these include the Sequoyah Birthplace Museum, the
Chota Memorial, the Tanasi Memorial, and land to support these
properties and cultural programs.
We remember that 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 ability of the Tribe to take these lands into trust and then to
be able to use them to preserve their cultural ties to the land is
really significant.
The two bills that we are considering on the floor have significance
beyond the acres themselves because they are an outgrowth of an
evolving United States policy to Native American governments. The
United States has moved from an era where it systematically pushed
Native Americans off their ancestral lands into ever smaller
territories of reservation land. We are seeing now the reverse of that
as we move to take land into trust for the Eastern Band of Cherokees.
Madam Speaker, I support the bill, I urge my colleagues to vote in
favor, and I reserve the balance of my time.
Mr. WESTERMAN. Madam Speaker, I yield 5 minutes to the gentleman from
Tennessee (Mr. Fleischmann), the sponsor of the bill.
Mr. FLEISCHMANN. Madam Speaker, I rise today in support of my bill,
H.R. 548, the Eastern Band of Cherokee Historic Lands Requisition Act.
I thank the chair and the distinguished ranking member both for their
very kind words of support for this very important legislation.
This legislation has passed in this House before. It needs to pass
tonight. It needs to go to the Senate and it needs to be on the
President's desk. It has been far too long. The Eastern Band of
Cherokee have been waiting and had a lot of promises made to them over
the years which have been broken. This a great bill for America, and it
is a great bill that we honor our wonderful Eastern Band of Cherokees.
The great State of Tennessee, my home State, gets its name from the
historic Overhill Cherokee settlement 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
the 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 Cherokee Historic Lands Reacquisition Act,
returns important historic 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 and escaped the Trail
of Tears.
It is on these same lands where the Eastern Band of Cherokee Indians
have for decades honored the birthplace of Sequoyah, whose likeness we
all have the opportunity to pass as we make our way from the rotunda of
our Capitol to this House floor.
H.R. 548 would return 76.1 acres. I want to be clear: It is only 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 provide 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.
Madam Speaker, I strongly urge Members of both Chambers to understand
the importance of the Cherokee
[[Page H692]]
Tribal land preservation and support H.R. 548 so that it may be brought
to President Biden's desk in a timely manner.
Ms. LEGER FERNANDEZ. Madam Speaker, I yield myself the balance of my
time for closing.
I would just like to compliment the sponsor's explanation of the
benefits that this bill will bring. We have heard a little bit of the
great history that lies within Tennessee and of the resilience of the
Eastern Band of Cherokee as they have maintained their identity to the
land and that their use of the land will further assist the members of
this wonderful country of ours to learn a bit more about that history,
to learn a bit more about the life that is breathed into the statues
that we surround ourselves with here in the people's House.
Madam Speaker, I urge my colleagues to support the legislation, and I
yield back the balance of my time.
Mr. WESTERMAN. Madam Speaker, I yield myself the balance of my time
for closing.
Again, I thank the gentleman from Tennessee for introducing this
bill, and I appreciate his tireless work on it. I thank the gentlewoman
from New Mexico and the minority support on this piece of bipartisan
legislation.
I will say that H.R. 548 is a commonsense bill that facilitates
greater control for the Eastern Band of Cherokee over their sacred and
historic homelands in Tennessee. It ensures the protection of their
timeless heritage, culture, and tradition, and gives them the
opportunity to memorialize the history and culture of the Cherokee
people.
The Tribe has worked with the Tennessee Valley Authority for more
than three decades, and this legislation is long overdue.
Madam Speaker, I thank Mr. Fleischmann for his leadership and
fulfilling a vital constituent service. I urge my colleagues to support
this bill, and I yield back the balance of my time.
Ms. JACKSON LEE. Madam Speaker, I rise today in support to H.R. 548
the Eastern Band of Cherokee Historic Lands Reacquisition Act.
H.R. 548 aims to take certain Federal lands in Tennessee into trust
for the benefit of the Eastern Band of Cherokee Indians.
These lands are intended to be utilized for memorialization, the
interpretation of Cherokee history and culture, as well as a space for
meeting for events and performing traditions.
For historically significant locations like the Chota and Tanasi,
locations that once served as the Cherokee Nation's Capital, memorials
are to be built.
From as early as 1721 to 1730, Tanasi functioned as the Overhill
Cherokee's de facto capital.
The Cherokee historically were forced to abandon Tanasi, a historic
Overhill settlement in modern-day Monroe County, Tennessee, in the 19th
century in due to a rising town whose chief held more power.
Chota similarly an Overhill Cherokee towns site in Monroe Country,
Tennessee that developed after the loss of Tanasi.
The history of the Cherokee is one that is long and rich with
history, yet many persecutions from early the USA infringes on their
culture.
They are estimated to have numbered around 22,500 people in 1650 and
oversaw an area of the Appalachian Mountains that now is part of
Georgia, part of eastern Tennessee, and part of what is now North and
South Carolina.
The desire for fertile farmland during the Southeast's rapid
expansion of cotton cultivation, the finding of gold on Cherokee
territory, and the racial prejudice that many white southerners had
against American Indians were all factors in the removal of the
Cherokees.
The tribe gave up about 4 million acres of territory between 1783 and
1819 in the hopes that this would put a halt to ongoing displacement
efforts.
As authorized by the Indian Removal Act of 1830, which resulted in
the creation of the Trail of Tears, the Federal Government negotiated
treaties aimed at clearing Indian-occupied land for white settlers.
An estimated 4,000 of the roughly 16,000 Cherokee who were forcibly
removed between 1836 and 1839 passed away during this process.
The Eastern Band of the Cherokee Indians was the name given to the
Cherokee by the U.S. Government in 1868 after many decades of struggle.
The relationship between the USA and the American Indian tribes is
far from perfect.
As such, offering the Cherokee this land to help rebuild the culture
that the United States actively displaced is a worthy cause.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arkansas (Mr. Westerman) that the House suspend the
rules and pass the bill, H.R. 548.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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