[Congressional Record Volume 171, Number 23 (Tuesday, February 4, 2025)]
[House]
[Pages H447-H449]
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. 226) 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. 226

       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 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

[[Page H448]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arkansas (Mr. Westerman) and the gentlewoman from Arizona (Ms. Ansari) 
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 be given 5 legislative days to revise and extend their remarks 
and to include extraneous material on H.R. 226, 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. 226, the Eastern Band of 
Cherokee Historic Lands Reacquisition Act, introduced by my friend from 
Tennessee, Congressman Fleischmann.
  H.R. 226 places approximately 96 acres of Tennessee Valley Authority 
land and permanent easements along the shores of the Little Tennessee 
River and Tellico Reservoir in Monroe County, Tennessee, into trust for 
the benefit of the Eastern Band of Cherokee Indians.
  These areas include the Sequoyah Birthplace Museum, the Chota 
Memorial, the Tanasi Memorial, and lands to support these properties 
and cultural programs.
  The parcels placed into trust under the bill will 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. Their ancestral homeland includes 
substantial parts of seven eastern States, including Tennessee, and the 
57,000-acre Qualla Boundary Cherokee Indian Reservation in North 
Carolina.
  In 1979 after the TVA completed the Tellico Dam, the Tribe approached 
the TVA about lands that were historically significant to the Tribe and 
impacted by the dam. In 1984 and 1986, the Tribe and the TVA reached an 
informal agreement that allowed the Tribe to manage two easements, 
including the Sequoyah Birthplace Museum.
  H.R. 226 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 creates two permanent easements over TVA property, held in 
trust for the Tribe, to create recreational trails between the sites.

                              {time}  1630

  This legislation will give the Eastern Band greater control over the 
historic homelands and the opportunity to memorialize the history and 
culture of the Cherokee people.
  Pursuant to the Indian Gaming Regulatory Act, gaming will be 
prohibited on the land. The bill also ensures that the TVA will be able 
to continue its river control and development activities to power the 
Tennessee Valley region.
  Madam Speaker, I urge adoption of the measure and commend the 
gentleman from Tennessee (Mr. Fleischmann) for his continued work on 
this important legislation, and I reserve the balance of my time.
  Ms. ANSARI. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise in support of the Eastern Band of Cherokee 
Historic Lands Reacquisition Act introduced by Representative 
Fleischmann of Tennessee.
  This bill would place specified lands and easements in Monroe County, 
Tennessee, into trust for the benefit of the Eastern Band of Cherokee 
Indians. These lands include the Sequoyah Museum, the Chota Memorial, 
the Tanasi Memorial, and land that supports these properties and the 
Tribe's cultural programs.
  The Eastern Band of Cherokee Indians, one of three federally 
recognized Cherokee Tribes and the only federally recognized Tribe in 
North Carolina, has ancestral homelands spanning across seven Eastern 
States, including Tennessee.
  In 1979, the construction of the Tellico Dam by the Tennessee Valley 
Authority, or TVA, flooded large portions of the Tribe's ancestral 
lands along the Little Tennessee River, submerging sacred sites and 
archeological remains. Among the losses were the historic Overhill 
Cherokee towns, which served as the Cherokee capitals during the 1700s.
  While the Eastern Band can never reclaim the land and sacred sites 
lost to flooding, other historically significant locations in the 
region remain in need of protection and preservation.
  This bill would address this critical need by transferring 
approximately 76 acres of culturally significant lands from the TVA to 
the U.S. Government to be held in trust for the Eastern Band of 
Cherokee Indians.
  The bill would also establish two permanent easements over TVA 
property to be held in trust for the Tribe, facilitating the creation 
of recreational trails that will be between these important sites.
  Passing this legislation would grant the Eastern Band of Cherokee 
Indians greater control over their historic homelands, enabling them to 
preserve and honor their rich history and culture. It would represent 
an essential step toward safeguarding these culturally significant 
sites for future generations.
  I do remind my colleagues, though, that these kinds of land 
arrangements don't happen by magic when we pass a bill like this one. 
Even if this bill becomes law, we will need actual staffing in the 
executive branch to carry it out. Unfortunately, in the past week, we 
have already seen basic government functions halted or put at risk from 
reckless orders to freeze spending, fire or place government workers on 
administrative leave, and more. These orders are, in many cases, 
unconstitutional and illegal.
  Madam Speaker, I urge my colleagues to vote ``yes'' on this bill, but 
I also urge them to join Democrats in calling for an end to the 
paralyzing chaos we have been seeing from the White House.
  Madam Speaker, I reserve the balance of my time.

[[Page H449]]

  

  Mr. WESTERMAN. Madam Speaker, I yield 5 minutes to the gentleman from 
Tennessee (Mr. Fleischmann), the lead sponsor of the bill.
  Mr. FLEISCHMANN. Madam Speaker, I rise in support of H.R. 226, the 
Eastern Band of Cherokee Historic Lands Reacquisition Act. I thank the 
chairman and the ranking member for their kind words in support of this 
bill.
  Madam Speaker, this legislation has passed this House four times and 
must pass again today. It needs to go to the United States Senate, and 
it needs to go to President Trump's desk for signature.
  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 is a great bill for America, and it is a great bill that will 
honor our wonderful Eastern Band of Cherokee. In my home State, the 
great State of Tennessee, it takes its name from Tanasi, a historic 
Overhill Cherokee settlement in present-day Monroe County, Tennessee, 
in the Third District of Tennessee, which I am privileged to represent.
  Tanasi served as the Cherokee capital as early as 1721. 
Unfortunately, due to misguided Federal policies, the Cherokee were 
forced from their homes in Tennessee and surrounding States. This 
tragic period in American history led to the Trail of Tears, a journey 
in which 15,000 Cherokees were forcibly marched to the Indian 
territory.
  My bill 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 Cherokees have, 
for decades, honored the birthplace of Sequoyah, whose likeness we all 
in this House have the opportunity to pass as we make our way from the 
rotunda in our Capitol to the House floor.
  Let me be clear. My bill, the Eastern Band of Cherokee Historic Lands 
Reacquisition Act, is limited and targeted. It restores 76.1 acres of 
federally owned Tennessee Valley Authority land to the Eastern Band of 
Cherokees and will grant two permanent easements over TVA property to 
be held in trust for the Tribe to create recreational trails between 
the sites.
  Madam Speaker, this is about honoring history and keeping our 
promises. I strongly urge Members of both Chambers to understand the 
importance of the Cherokee Tribal land preservation and support H.R. 
226 so it may be brought to President Trump's desk promptly.

  Mr. WESTERMAN. Madam Speaker, I have no further requests for time. I 
am prepared to close, and I reserve the balance of my time.
  Ms. ANSARI. 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.
  Madam Speaker, H.R. 226 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 allows them to 
memorialize the history and culture of the Cherokee people.
  This Tribe has worked with the Tennessee Valley Authority for over 
three decades on this issue, and this legislation is long overdue.
  I will echo the words of my colleague, the gentleman from Tennessee 
(Mr. Fleischmann), and say that the Senate needs to take this bill up 
and act on it when we pass it again.
  Madam Speaker, I thank Mr. Fleischmann for his leadership on the 
matter. I urge my colleagues to support this bill, and I yield back the 
balance of my time.
  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. 226.
  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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