Eastern Band of Cherokee Historic Lands Reacquisition Act

IIB 118TH CONGRESS 1ST SESSION H. R. 548 IN THE SENATE OF THE UNITED STATES FEBRUARY 7, 2023 Received; read twice and referred to the Committee on Indian Affairs AN ACT To take certain Federal lands in Tennessee into trust for the benefit of the Eastern Band of Cherokee Indians. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 03:25 Feb 08, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H548.RFS H548 kjohnson on DSK79L0C42PROD with BILLS 2 HR 548 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Eastern Band of Cher- 2 okee Historic Lands Reacquisition Act’’. 3 SEC. 2. LAND TAKEN INTO TRUST FOR THE EASTERN BAND 4 OF CHEROKEE INDIANS. 5 (a) LANDS INTO TRUST.—Subject to such rights of 6 record as may be vested in third parties to rights-of-way 7 or other easements or rights-of-record for roads, utilities, 8 or other purposes, the following Federal lands managed 9 by the Tennessee Valley Authority and located on or above 10 the 820-foot (MSL) contour elevation in Monroe County, 11 Tennessee, on the shores of Tellico Reservoir, are declared 12 to be held in trust by the United States for the use and 13 benefit of the Eastern Band of Cherokee Indians: 14 (1) SEQUOYAH MUSEUM PROPERTY.—Approxi- 15 mately 46.0 acres of land generally depicted as 16 ‘‘Sequoyah Museum’’, ‘‘Parcel 1’’, and ‘‘Parcel 2’’ 17 on the map titled ‘‘Eastern Band of Cherokee His- 18 toric Lands Reacquisition Map 1’’ and dated April 19 30, 2015. 20 (2) SUPPORT PROPERTY.—Approximately 11.9 21 acres of land generally depicted as ‘‘Support Parcel’’ 22 on the map titled ‘‘Eastern Band of Cherokee His- 23 toric Lands Reacquisition Map 2’’ and dated April 24 30, 2015. 25 VerDate Sep 11 2014 03:25 Feb 08, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H548.RFS H548 kjohnson on DSK79L0C42PROD with BILLS 3 HR 548 RFS (3) CHOTA MEMORIAL PROPERTY AND TANASI 1 MEMORIAL PROPERTY.—Approximately 18.2 acres of 2 land generally depicted as ‘‘Chota Memorial 1’’ and 3 ‘‘Tanasi Memorial’’ on the map titled ‘‘Eastern 4 Band of Cherokee Historic Lands Reacquisition Map 5 3’’ and dated April 30, 2015, and including the 6 Chota Memorial and all land within a circle with a 7 radius of 86 feet measured from the center of the 8 Chota Memorial without regard to the elevation of 9 the land within the circle. 10 (b) PROPERTY ON LANDS.—In addition to the land 11 taken into trust by subsection (a), the improvements on 12 and appurtenances thereto, including memorials, are and 13 shall remain the property of the Eastern Band of Cher- 14 okee Indians. 15 (c) REVISED MAPS.—Not later than 1 year after the 16 date of a land transaction made pursuant to this section, 17 the Tennessee Valley Authority, after consultation with 18 the Eastern Band of Cherokee Indians and the Secretary 19 of the Interior, shall submit revised maps that depict the 20 land taken into trust under this section, including any cor- 21 rections made to the maps described in this section to the 22 Committee on Natural Resources of the House of Rep- 23 resentatives and the Committee on Indian Affairs of the 24 Senate. 25 VerDate Sep 11 2014 03:25 Feb 08, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H548.RFS H548 kjohnson on DSK79L0C42PROD with BILLS 4 HR 548 RFS (d) CONTOUR ELEVATION CLARIFICATION.—The 1 contour elevations referred to in this Act are based on 2 MSL Datum as established by the NGS Southeastern 3 Supplementary Adjustment of 1936 (NGVD29). 4 (e) CONDITIONS.—The lands taken into trust under 5 this section shall be subject to the conditions described 6 in section 5. 7 SEC. 3. PERMANENT EASEMENTS TAKEN INTO TRUST FOR 8 THE EASTERN BAND OF CHEROKEE INDIANS. 9 (a) PERMANENT EASEMENTS.—The following perma- 10 nent easements for land below the 820-foot (MSL) con- 11 tour elevation for the following Federal lands in Monroe 12 County, Tennessee, on the shores of Tellico Reservoir, are 13 declared to be held in trust by the United States for the 14 benefit of the Eastern Band of Cherokee Indians: 15 (1) CHOTA PENINSULA.—Approximately 8.5 16 acres of land generally depicted as ‘‘Chota Memorial 17 2’’ on the map titled ‘‘Eastern Band of Cherokee 18 Historic Lands Reacquisition Map 3’’ and dated 19 April 30, 2015. 20 (2) CHOTA-TANASI TRAIL.—Approximately 11.4 21 acres of land generally depicted as ‘‘Chota-Tanasi 22 Trail’’ on the map titled ‘‘Eastern Band of Cherokee 23 Historic Lands Reacquisition Map 3’’ and dated 24 April 30, 2015. 25 VerDate Sep 11 2014 03:25 Feb 08, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H548.RFS H548 kjohnson on DSK79L0C42PROD with BILLS 5 HR 548 RFS (b) REVISED MAPS.—Not later than 1 year after the 1 date of a land transaction made pursuant to this section, 2 the Tennessee Valley Authority, after consultation with 3 the Eastern Band of Cherokee Indians and the Secretary 4 of the Interior, shall submit to the Committee on Natural 5 Resources of the House of Representatives and the Com- 6 mittee on Indian Affairs of the Senate revised maps that 7 depict the lands subject to easements taken into trust 8 under this section, including any corrections necessary to 9 the maps described in this section. 10 (c) CONDITIONS.—The lands subject to easements 11 taken into trust under this section shall be subject to the 12 use rights and conditions described in section 5. 13 SEC. 4. TRUST ADMINISTRATION AND PURPOSES. 14 (a) APPLICABLE LAWS.—Except as described in sec- 15 tion 5, the lands subject to this Act shall be administered 16 under the laws and regulations generally applicable to 17 lands and interests in lands held in trust on behalf of In- 18 dian tribes. 19 (b) USE OF LAND.—Except the lands described in 20 section 2(a)(2), the lands subject to this Act shall be used 21 principally for memorializing and interpreting the history 22 and culture of Indians and recreational activities, includ- 23 ing management, operation, and conduct of programs of 24 and for— 25 VerDate Sep 11 2014 03:25 Feb 08, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H548.RFS H548 kjohnson on DSK79L0C42PROD with BILLS 6 HR 548 RFS (1) the Sequoyah birthplace memorial and mu- 1 seum; 2 (2) the memorials to Chota and Tanasi as 3 former capitals of the Cherokees; 4 (3) the memorial and place of reinterment for 5 remains of the Eastern Band of Cherokee Indians 6 and other Cherokee tribes, including those trans- 7 ferred to the Eastern Band of Cherokee Indians and 8 other Cherokee tribes and those human remains and 9 cultural items transferred by the Tennessee Valley 10 Authority to those Cherokee tribes under the Native 11 American Graves Protection and Repatriation Act 12 (25 U.S.C. 3001 et seq.); and 13 (4) interpreting the Trail of Tears National 14 Historic Trail. 15 (c) USE OF SUPPORT PROPERTY.—The land de- 16 scribed in section 2(a)(2) shall be used principally for the 17 support of lands subject to this Act and the programs of- 18 fered by the Tribe relating to such lands and their pur- 19 poses including— 20 (1) classrooms and conference rooms; 21 (2) cultural interpretation and education pro- 22 grams; 23 VerDate Sep 11 2014 03:25 Feb 08, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H548.RFS H548 kjohnson on DSK79L0C42PROD with BILLS 7 HR 548 RFS (3) temporary housing of guests participating 1 in such programs or the management of the prop- 2 erties and programs; and 3 (4) headquarters offices and support space for 4 the trust properties and programs. 5 (d) LAND USE.—The principal purposes of the use 6 of the land described in section 3(a)— 7 (1) paragraph (1), shall be for a recreational 8 trail from the general vicinity of the parking lot to 9 the area of the Chota Memorial and beyond to the 10 southern portion of the peninsula, including inter- 11 pretive signs, benches, and other compatible im- 12 provements; and 13 (2) paragraph (2), shall be for a recreational 14 trail between the Chota and Tanasi Memorials, in- 15 cluding interpretive signs, benches, and other com- 16 patible improvements. 17 SEC. 5. USE RIGHTS, CONDITIONS. 18 (a) FLOODING OF LAND AND ROADS.—The Ten- 19 nessee Valley Authority may temporarily and intermit- 20 tently flood the lands subject to this Act that lie below 21 the 824-foot (MSL) contour elevation and the road access 22 to such lands that lie below the 824-foot (MSL) contour 23 elevation. 24 VerDate Sep 11 2014 03:25 Feb 08, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H548.RFS H548 kjohnson on DSK79L0C42PROD with BILLS 8 HR 548 RFS (b) FACILITIES AND STRUCTURES.—The Eastern 1 Band of Cherokee Indians may construct, own, operate, 2 and maintain— 3 (1) water use facilities and nonhabitable struc- 4 tures, facilities, and improvements not subject to se- 5 rious damage if temporarily flooded on the land ad- 6 joining the Tellico Reservoir side of the lands subject 7 to this Act that lie between the 815-foot and 820- 8 foot (MSL) contour elevations, but only after having 9 received written consent from the Tennessee Valley 10 Authority and subject to the terms of such approval; 11 and 12 (2) water use facilities between the 815-foot 13 (MSL) contour elevations on the Tellico Reservoir 14 side of the lands subject to this Act and the adjacent 15 waters of Tellico Reservoir and in and on such 16 waters after having received written consent from 17 the Tennessee Valley Authority and subject to the 18 terms of such approval, but may not construct, own, 19 operate, or maintain other nonhabitable structures, 20 facilities, and improvements on such lands. 21 (c) INGRESS AND EGRESS.—The Eastern Band of 22 Cherokee Indians may use the lands subject to this Act 23 and Tellico Reservoir for ingress and egress to and from 24 such land and the waters of the Tellico Reservoir and to 25 VerDate Sep 11 2014 03:25 Feb 08, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H548.RFS H548 kjohnson on DSK79L0C42PROD with BILLS 9 HR 548 RFS and from all structures, facilities, and improvements main- 1 tained in, on, or over such land or waters. 2 (d) RIVER CONTROL AND DEVELOPMENT.—The use 3 rights under this section may not be exercised so as to 4 interfere in any way with the Tennessee Valley Authority’s 5 statutory program for river control and development. 6 (e) TVA AUTHORITIES.—Nothing in this Act shall be 7 construed to affect the right of the Tennessee Valley Au- 8 thority to— 9 (1) draw down Tellico Reservoir; 10 (2) fluctuate the water level thereof as may be 11 necessary for its management of the Reservoir; or 12 (3) permanently flood lands adjacent to lands 13 subject to this Act that lie below the 815-foot (MSL) 14 contour elevation. 15 (f) RIGHT OF ENTRY.—The lands subject to this Act 16 shall be subject to a reasonable right of entry by the per- 17 sonnel of the Tennessee Valley Authority and agents of 18 the Tennessee Valley Authority operating in their official 19 capacities as necessary for purposes of carrying out the 20 Tennessee Valley Authority’s statutory program for river 21 control and development. 22 (g) ENTRY ONTO LAND.—To the extent that the 23 Tennessee Valley Authority’s operations on the lands sub- 24 ject to this Act do not unreasonably interfere with the 25 VerDate Sep 11 2014 03:25 Feb 08, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H548.RFS H548 kjohnson on DSK79L0C42PROD with BILLS 10 HR 548 RFS Eastern Band of Cherokee Indians’ maintenance of an ap- 1 propriate setting for the memorialization of Cherokee his- 2 tory or culture on the lands and its operations on the 3 lands, the Eastern Band of Cherokee Indians shall allow 4 the Tennessee Valley Authority to enter the lands to clear, 5 ditch, dredge, and drain said lands and apply larvicides 6 and chemicals thereon or to conduct bank protection work 7 and erect structures necessary in the promotion and fur- 8 therance of public health, flood control, and navigation. 9 (h) LOSS OF HYDROPOWER CAPACITY.—All future 10 development of the lands subject to this Act shall be sub- 11 ject to compensation to the Tennessee Valley Authority 12 for loss of hydropower capacity as provided in the Ten- 13 nessee Valley Authority Flood Control Storage Loss 14 Guideline, unless agreed to otherwise by the Tennessee 15 Valley Authority. 16 (i) PROTECTION FROM LIABILITY.—The United 17 States shall not be liable for any loss or damage resulting 18 from— 19 (1) the temporary and intermittent flooding of 20 lands subject to this Act; 21 (2) the permanent flooding of adjacent lands as 22 provided in this section; 23 (3) wave action in Tellico Reservoir; or 24 VerDate Sep 11 2014 03:25 Feb 08, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H548.RFS H548 kjohnson on DSK79L0C42PROD with BILLS 11 HR 548 RFS (4) fluctuation of water levels for purposes of 1 managing Tellico Reservoir. 2 (j) CONTINUING RESPONSIBILITIES.—The Tennessee 3 Valley Authority shall— 4 (1) retain sole and exclusive Federal responsi- 5 bility and liability to fund and implement any envi- 6 ronmental remediation requirements that are re- 7 quired under applicable Federal or State law for any 8 land or interest in land to be taken into trust under 9 this Act, as well as the assessments under paragraph 10 (2) to identify the type and quantity of any potential 11 hazardous substances on the lands; 12 (2) prior to the acquisition in trust, carry out 13 an assessment and notify the Secretary of the Inte- 14 rior and the Eastern Band of Cherokee Indians 15 whether any hazardous substances were stored on 16 the lands and, if so, whether those substances— 17 (A) were stored for 1 year or more on the 18 lands; 19 (B) were known to have been released on 20 the lands; or 21 (C) were known to have been disposed of 22 on the lands; and 23 (3) if the assessment under paragraph (2) 24 shows that hazardous substances were stored, re- 25 VerDate Sep 11 2014 03:25 Feb 08, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H548.RFS H548 kjohnson on DSK79L0C42PROD with BILLS 12 HR 548 RFS leased, or disposed of on the lands, include in its no- 1 tice under paragraph (2) to the Secretary of the In- 2 terior and the Eastern Band of Cherokee Indians— 3 (A) the type and quantity of such haz- 4 ardous substances; 5 (B) the time at which such storage, re- 6 lease, or disposal took place on the lands; and 7 (C) a description of any remedial actions, 8 if any, taken on the lands. 9 SEC. 6. LANDS SUBJECT TO THE ACT. 10 For the purposes of this Act, the term ‘‘lands subject 11 to this Act’’ means lands and interests in lands (including 12 easements) taken into trust for the benefit of the Eastern [Text truncated for display. Full text available on Congress.gov.]