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119-hr-226119th Congress

Eastern Band of Cherokee Historic Lands Reacquisition Act

Sponsored By: Representative Fleischmann, Charles J. "Chuck" [R-TN-3]

Passed House

Summary

Transfers about 76 acres of Tennessee Valley Authority land into trust for the Eastern Band of Cherokee Indians to preserve and interpret Cherokee historic sites. It sets use limits, preserves TVA reservoir management, and bans certain gaming on the lands.

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  • Eastern Band of Cherokee Indians would receive three parcels totaling about 76.1 acres, including the Sequoyah Museum site, a support parcel, and the Chota and Tanasi memorial properties. Existing improvements and appurtenances on those lands remain tribal property.
  • Tennessee Valley Authority would retain authority to manage Tellico Reservoir, including drawdowns and level fluctuations, and TVA remains responsible for environmental remediation and hazardous substance assessments before transfer. TVA may be compensated for lost hydropower capacity under its guidelines if applicable.
  • Third-party rights-of-way and easements for roads, utilities, or similar purposes remain subject to recorded rights. The bill prohibits Class II and III gaming on the trust lands and allows limited, TVA-approved nonhabitable water-use structures in defined elevation bands adjacent to the reservoir.

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 3 benefits, 2 costs, 1 mixed.

How the trust lands could be used

The bill would require most trust lands to be used mainly for memorials, culture, museums, and recreation. It would support the Sequoyah birthplace museum and memorials to Chota and Tanasi, and allow reburial of Cherokee remains and cultural items. It would allow interpretation of the Trail of Tears. The 11.9‑acre Support Property could host classrooms, offices, cultural programs, and temporary housing for program guests or property management. Trail easement lands would be used mainly for recreational trails. Improvements and memorials on these lands would remain the Tribe’s property, and the Tribe could use the reservoir for access.

Put Cherokee historic lands in trust

If enacted, the U.S. would hold certain TVA lands in Monroe County, TN, in trust for the Eastern Band of Cherokee Indians. The trust parcels are about 46.0 acres (Sequoyah Museum Parcels 1 and 2), 11.9 acres (Support Parcel), and 18.2 acres (Chota and Tanasi), on or above 820 feet (MSL). The Chota site would include all land within 86 feet of the memorial’s center, even if below that elevation. Permanent easements below 820 feet would also be held in trust: about 8.5 acres at the Chota peninsula and 11.4 acres for the Chota–Tanasi Trail. The bill would use maps dated April 30, 2015, and the NGVD29 sea‑level datum, and would require TVA to send corrected maps to Congress within one year after each land transaction. These lands would follow the usual trust‑land rules, and “lands subject to this Act” would mean the trust lands and easements. Existing rights‑of‑way and easements would still apply.

TVA must handle any cleanup

If enacted, TVA would keep sole federal responsibility and liability to fund and carry out any required environmental cleanup on these lands. Before trust transfer, TVA would have to assess and state if hazardous substances were stored for a year or more, released, or disposed. TVA would need to list the types and amounts, when it happened, and any cleanup done.

No gambling on these trust lands

The bill would prohibit Class II and Class III gaming on the lands covered by this Act. That means no bingo‑style or casino‑style gaming operations on these specific trust lands.

TVA keeps flood control and access rights

This bill would confirm TVA’s right to raise and lower Tellico Reservoir. TVA could permanently flood lands below 815 feet (MSL) and could temporarily flood lands and roads below 824 feet. The United States would not be liable for damage from wave action, water‑level changes, or such flooding. The Tribe would need to allow TVA staff to enter the lands to do flood control, public health, and navigation work. TVA’s work would need to avoid unreasonably interfering with the memorial setting.

Limited water facilities with TVA conditions

The Tribe would be able to build and run certain water‑use facilities and some non‑habitable structures on lands between 815 and 820 feet (MSL), and in adjacent waters. This would require written TVA consent and would follow TVA’s approval terms. Other structures on those lands would be barred. Also, any future development on these lands that reduces hydropower capacity would require payment to TVA under its storage‑loss guideline, unless TVA agrees otherwise.

Sponsors & CoSponsors

Sponsor

Fleischmann, Charles J. "Chuck" [R-TN-3]

TN • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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