[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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