[Congressional Record Volume 164, Number 61 (Monday, April 16, 2018)] [House] [Pages H3323-H3326] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] EASTERN BAND OF CHEROKEE HISTORIC LANDS REACQUISITION ACT Mr. McCLINTOCK. Mr. Speaker, I move to suspend the rules and pass 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, as amended. The Clerk read the title of the bill. The text of the bill is as follows: H.R. 146 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 [[Page H3324]] 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. [[Page H3325]] The SPEAKER pro tempore. Pursuant to the rule, the gentleman from California (Mr. McClintock) and the gentlewoman from Hawaii (Ms. Hanabusa) each will control 20 minutes. The Chair recognizes the gentleman from California. General Leave Mr. McCLINTOCK. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration. The SPEAKER pro tempore. Is there objection to the request of the gentleman from California? There was no objection. Mr. McCLINTOCK. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, the Band Eastern of Cherokee Indians is a relatively small Tribe located in the Great Smoky Mountains of western North Carolina and is headquartered in Cherokee, North Carolina. The Tribe's reservation covers over 51,000 acres in a region known as the Qualla Boundary. After the completion of the Tellico Dam in Loudon County, Tennessee, in 1979, the Tribe continued in active communication with the Tennessee Valley Authority on any areas impacted that the Tribe believed was of historical significance to them. H.R. 146 would place approximately 96 acres of Tennessee Valley Authority land in Monroe County, Tennessee, along the shores of the Little Tennessee River and Tellico Reservoir into trust for the benefit of the Eastern Band of Cherokee Indians. Gaming pursuant to the Indian Gaming Regulatory Act would be prohibited. Most of the parcels to be placed in trust under this bill will be used for memorializing and interpreting the history of the Eastern Band of Cherokee Indians, and the remaining parcels will be used for recreational trails. Mr. Speaker, I urge adoption of the measure, and I reserve the balance of my time. Ms. HANABUSA. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, the Eastern Band of Cherokee Indians is one of three federally recognized Cherokee Tribes. Their ancestral homeland includes substantial parts of seven Eastern States, including Tennessee. In 1979, the completion of the Tellico Dam by the Tennessee Valley Authority caused a large area of their ancestral lands along the Little Tennessee River to be flooded, covering many historic Tribal sites. The Cherokee can never recover those flooded lands, but there are other sites in the area that are in need of protection and preservation. H.R. 146 aids in this cause by transferring approximately 76 acres of historically significant lands from the TVA to the United States to be held in trust for the Eastern Band of Cherokee. This would give the Eastern Band greater control over their historic homelands as well as the opportunity to memorialize the history and culture of the Cherokee people. I support this legislation and urge my colleagues to vote in favor of this bill. Mr. Speaker, I reserve the balance of my time. Mr. McCLINTOCK. Mr. Speaker, I yield such time as he may consume to the gentleman from Tennessee (Mr. Fleischmann), the author of this measure, a tireless advocate for the State of Tennessee. Mr. FLEISCHMANN. Mr. Speaker, I thank the chairman for yielding, and the ranking member. I appreciate the great opportunity to address the House today. Mr. Speaker, I have spent a lot of time in this Chamber over the past 8 years, sometimes in sorrow when we have come together as a nation, sometimes in celebration, a lot of highs and lows, but tonight is a very special night as I offer the Eastern Band Cherokee Historic Lands Reacquisition Act. It is special for a lot of reasons, because in my district, I represent an east Tennessee district of 11 wonderful counties, outstanding people, but I received a contact years ago from the Eastern Band of Cherokee Indians, and they came to me, and they said: Congressman, will you please help us with a situation, with a problem, with a promise that was made and a promise that was unfulfilled to us? So I sat down with the Eastern Band of Cherokee Indians. They are from North Carolina, a sister State to Tennessee. They told me the story. And, of course, we know the story of the Trail of Tears, where over 15,000 Cherokee were forcibly removed from their home in east Tennessee out West. Some avoided capture and stayed in this area, and they remain today. Some came back from the West and now are in a vibrant community in North Carolina. But the sadness of this broken promise, another broken promise to our Native Americans, was something that was staggering, because there is a place called Tanasi, T-A-N-A-S-I. Sound familiar? That is what the great State of Tennessee, that area I represent, was named after, but this was the Cherokee capital in Monroe County, the area I represent today. Well, they were promised, a long time ago and a short time ago, that they would have the return of these 76 key acres. It is amazing. Even today, as I have fought for our Native Americans in our great State of Tennessee, we had to overcome stereotypes. People said: Oh, gosh, they want to have a casino. We said: No. This is a return of their sacred homeland over their sacred capital. So in this legislation, there is a no-gaming provision. This should be something that Members on both sides of the aisle, Republicans and Democrats, embrace as a matter of civil liberties, as a matter of doing the right thing, as a matter of keeping our broken promises made for a change. What are we going to do with this land? We are going to honor Sequoia, as we do in this great capital, we are going to honor Cherokee culture. What is great about this bill is our surrounding counties in Monroe County, where this exists, in McMinn County, in Polk County, counties I represent, the local people want this. They want to bring the Cherokee back and honor the Cherokee. Can this undo the foils of history that happened to the Cherokee? No, it cannot. But this bill, in some meaningful way, can restore the Cherokee homeland to them, their capital to them. This is something I think all Americans can and should embrace. In this great people's House in which we all serve, this is something that we all can vote for and all embrace. Keep this broken promise that was long overdue, honor Cherokee tradition, and do something that is really right for all Americans. Mr. Speaker, I ask my colleagues on both sides of the aisle to do what we have done, embrace this bill, embrace this opportunity, and honor a great tradition in America, the Cherokee Nation. Mr. Speaker, I thank my colleagues on both sides of this aisle, I thank my constituents at home for the privilege of representing the great State of Tennessee, and I thank my friends in the Cherokee Nation for asking that Tanasi be brought home where it belongs. Ms. HANABUSA. Mr. Speaker, may I inquire if the gentleman from California has any more speakers? Mr. McCLINTOCK. Mr. Speaker, I am prepared to close. Ms. HANABUSA. Mr. Speaker, I will close. Mr. Speaker, I support this legislation and urge my colleagues to vote in favor of this great bill. Mr. Speaker, I yield back the balance of my time. Mr. McCLINTOCK. Mr. Speaker, I ask for adoption of the measure, and I yield back the balance of my time. The SPEAKER pro tempore. The question is on the motion offered by the gentleman from California (Mr. McClintock) that the House suspend the rules and pass the bill, H.R. 146, as amended. The question was taken. The SPEAKER pro tempore. In the opinion of the Chair, two-thirds being in the affirmative, the ayes have it. Mr. McCLINTOCK. Mr. Speaker, on that I demand the yeas and nays. The yeas and nays were ordered. The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further proceedings on this motion will be postponed. [[Page H3326]] ____________________