[House Report 115-584]
[From the U.S. Government Publishing Office]


115th Congress    }                                    {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                    {      115-584

======================================================================



 
       EASTERN BAND OF CHEROKEE HISTORIC LANDS REACQUISITION ACT

                                _______
                                

 February 27, 2018.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 146]

      [Including cost estimate of the Congressional Budget Office]

    The Committee Natural Resources, to whom was referred the 
bill (H.R. 146) to take certain Federal lands in Tennessee into 
trust for the benefit of the Eastern Band of Cherokee Indians, 
and for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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 one 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 one 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.

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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 146 is to take certain Federal lands in 
Tennessee into trust for the benefit of the Eastern Band of 
Cherokee Indians, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Eastern Band of Cherokee Indians is a relatively small 
tribe located in the Great Smoky Mountains of westernmost North 
Carolina. The Tribe's reservation, which covers over 51,000 
acres, is known as the Qualla Boundary and is headquartered in 
Cherokee, North Carolina.\1\
---------------------------------------------------------------------------
    \1\Veronica E. Valarde Tiller, Tiller's Guide to Indian Country, 
third edition, at 587 (2015).
---------------------------------------------------------------------------
    After the 1979 completion of the Tellico Dam in Loudon 
County, Tennessee, the Tribe continued in active communication 
with the Tennessee Valley Authority (TVA) on any areas impacted 
that the Tribe believed was of historical significance to the 
Tribe. The Tribe currently manages most of these properties as 
part of two permanent easements granted to the Tribe in 1984 
and 1986. These easements were a result of informal agreements 
with TVA to address the Tribe's objections to TVA's 
construction of the Tellico Dam and Reservoir. Currently, the 
Tribe operates the Sequoyah Museum on one easement with TVA.
    The Tribe believes that the original intent of both the 
Eastern Band leadership and TVA was to have the properties 
permanently transferred into trust status for the Tribe.
    H.R. 146 would place approximately 96 acres of TVA land in 
Monroe County, Tennessee, on the shores of Little Tennessee 
River/Tellico Reservoir into trust for the benefit of the 
Eastern Band of Cherokee Indians. Additionally, the bill 
provides that two permanent easements over TVA land be held in 
trust. Gaming pursuant to the Indian Gaming Regulatory Act (25 
U.S.C. 2701 et seq.) would be prohibited on the lands placed 
into trust.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Provides that the 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

    Subsection (a) provides that subject to pre-existing 
rights-of-way or easements by third parties, three federal 
properties as shown on referenced maps, totaling approximately 
76.1 acres, shall be placed into trust for the Tribe.
    Subsection (b) provides that any physical property, 
including improvements to or on the land under section (a), 
will be the property of the Tribe.
    Subsection (c) provides that TVA, after consulting with the 
Tribe and the Secretary of the Interior, shall submit any 
revisions to any maps to the Congressional committees of 
jurisdiction.
    Subsection (d) indicates that the contour elevations 
referred to in this Act are based on MSL Datum as established 
by the NGS Southeastern Supplementary Adjustment of 1936 
(NGVD29).
    Subsection (e) provides that lands taken into trust under 
this section are bound by conditions set forth in section 5 of 
the bill.

Sec. 3. Permanent easements taken into trust for the Eastern Band of 
        Cherokee Indians

    Subsection (a) provides that two easements held by the 
Tribe and identified on ``Map 3'' shall be placed into trust 
for the Tribe.
    Subsection (b) provides that TVA, after consulting the 
Tribe and the Secretary of the Interior, shall submit any 
revisions to any maps regarding permanent easements to 
Congressional committees of jurisdiction.
    Subsection (c) provides that lands taken into trust under 
this section are bound by conditions set forth in Section 5 of 
the bill.

Sec. 4. Trust administration and purposes

    Subsection (a) clarifies that except as provided by section 
5, the laws and regulations generally applicable to lands held 
in trust for tribes shall apply to the lands subject to the 
Act.
    Subsection (b) provides that all lands taken into trust, 
except lands described in section 2(a)(2), shall be used 
primarily for memorializing and interpreting history of the 
Tribe.
    Subsection (c) indicates that support property identified 
under the bill shall be limited to uses such as classrooms and 
conference rooms; cultural interpretation for education 
programs; and temporary housing for guests.
    Subsection (d) indicates that principal purposes of the use 
of land described in section 3(a) shall be for recreational 
trails.

Sec. 5. Use rights, conditions

    Provides that the lands placed into trust under this Act 
may not interfere with normal operations of the TVA and grants 
TVA adequate access for carrying out TVA activities. Further, 
this section provides that TVA shall not be liable for any loss 
or damage resulting from normal activities. The section also 
delineates activities that may be conducted by the Tribe and 
grants the Tribe access to the lands taken into trust under 
this Act.

Sec. 6. Lands subject to the Act

    Clarifies that the term ``lands subject to this Act'' used 
in the bill includes land and easements placed into trust for 
the Tribe under this Act.

Sec. 7. Gaming prohibition

    Provides that class II and III gaming as defined in the 
Indian Gaming Regulatory Act would be prohibited on the lands 
put into trust under the bill.

                            COMMITTEE ACTION

    H.R. 146 was introduced on January 3, 2017, by Congressman 
Charles J. ``Chuck'' Fleischmann (R-TN). The bill was referred 
to the Committee on Natural Resources, and within the Committee 
to the Subcommittee on Indian, Insular and Alaska Native 
Affairs. On October 4, 2017, the Subcommittee held a hearing on 
the bill. On January 17, 2018, the Natural Resources Committee 
met to consider the bill. The Subcommittee was discharged by 
unanimous consent. Congressman Rob Bishop (R-UT) offered an 
amendment designated #1; it was adopted by unanimous consent. 
No additional amendments were offered and the bill, as amended, 
was ordered favorably reported to the House of Representatives 
by unanimous consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, February 23, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 146, the Eastern 
Band Cherokee Historic Lands Reacquisition Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 146--Eastern Band Cherokee Historic Lands Reacquisition Act

    H.R. 146 would take into trust, for the benefit of the 
Eastern Band of Cherokee Indians, approximately 96 acres of 
land located in Monroe County, Tennessee, that is currently 
administered by the Tennessee Valley Authority (TVA). The bill 
would require TVA to submit revised maps to the Congress of 
those lands and would prohibit certain types of gaming on them.
    Using information from TVA, CBO estimates that compiling 
the information to revise the maps of the lands taken into 
trust under the bill would cost about $30,000 in 2018. Under 
current law, TVA sells electricity at prices sufficient to 
recover any costs over the useful life of an investment, 
program, or activity in lieu of receiving annual 
appropriations. On that basis, CBO expects that any increase in 
direct spending for mapping would be treated as an operating 
expense and recovered quickly in TVA's rates. Thus, CBO 
estimates that the net effect on direct spending would be 
negligible.
    Because enacting H.R. 146 would affect direct spending, 
pay-as-you-go procedures apply. Enacting H.R. 146 would not 
affect revenues.
    CBO estimates that enacting H.R. 146 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    H.R. 146 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Robert Reese. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to take certain Federal lands in 
Tennessee into trust for the benefit of the Eastern Band of 
Cherokee Indians, and for other purposes.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the Federal Government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes to existing 
law.

                                  [all]