IB 

Union Calendar No. 119 

117TH CONGRESS 

1ST SESSION H. R. 2088 

[Report No. 117–164] 

To take certain Federal lands in Tennessee into trust for the benefit of 

the Eastern Band of Cherokee Indians, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 19, 2021 

Mr. FLEISCHMANN introduced the following bill; which was referred to the 

Committee on Natural Resources 

NOVEMBER 1, 2021 

Reported from the Committee on Natural Resources; committed to the Committee of the Whole House on the State of the Union and ordered to be 

printed 


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A BILL 

To take certain Federal lands in Tennessee into trust for 

the benefit of the Eastern Band of Cherokee Indians, 

and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Eastern Band of Cher5 okee Historic Lands Reacquisition Act’’. 

6 SEC. 2. LAND TAKEN INTO TRUST FOR THE EASTERN BAND 

7 OF CHEROKEE INDIANS. 

8 (a) LANDS INTO TRUST.—Subject to such rights of 

9 record as may be vested in third parties to rights-of-way 

10 or other easements or rights-of-record for roads, utilities, 

11 or other purposes, the following Federal lands managed 

12 by the Tennessee Valley Authority and located on or above 

13 the 820-foot (MSL) contour elevation in Monroe County, 

14 Tennessee, on the shores of Tellico Reservoir, are declared 

15 to be held in trust by the United States for the use and 

16 benefit of the Eastern Band of Cherokee Indians: 

17 (1) SEQUOYAH MUSEUM PROPERTY.—Approxi18 mately 46.0 acres of land generally depicted as 

19 ‘‘Sequoyah Museum’’, ‘‘Parcel 1’’, and ‘‘Parcel 2’’ 

20 on the map titled ‘‘Eastern Band of Cherokee His21 toric Lands Reacquisition Map 1’’ and dated April 

22 30, 2015. 

23 (2) SUPPORT PROPERTY.—Approximately 11.9 

24 acres of land generally depicted as ‘‘Support Parcel’’ 

25 on the map titled ‘‘Eastern Band of Cherokee HisVerDate Sep 11 2014 00:50 Nov 02, 2021 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2088.RH H2088

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1 toric Lands Reacquisition Map 2’’ and dated April 

2 30, 2015. 

3 (3) CHOTA MEMORIAL PROPERTY AND TANASI

4 MEMORIAL PROPERTY.—Approximately 18.2 acres of 

5 land generally depicted as ‘‘Chota Memorial 1’’ and 

6 ‘‘Tanasi Memorial’’ on the map titled ‘‘Eastern 

7 Band of Cherokee Historic Lands Reacquisition Map 

8 3’’ and dated April 30, 2015, and including the 

9 Chota Memorial and all land within a circle with a 

10 radius of 86 feet measured from the center of the 

11 Chota Memorial without regard to the elevation of 

12 the land within the circle. 

13 (b) PROPERTY ON LANDS.—In addition to the land 

14 taken into trust by subsection (a), the improvements on 

15 and appurtenances thereto, including memorials, are and 

16 shall remain the property of the Eastern Band of Cher17 okee Indians. 

18 (c) REVISED MAPS.—Not later than 1 year after the 

19 date of a land transaction made pursuant to this section, 

20 the Tennessee Valley Authority, after consultation with 

21 the Eastern Band of Cherokee Indians and the Secretary 

22 of the Interior, shall submit revised maps that depict the 

23 land taken into trust under this section, including any cor24 rections made to the maps described in this section to the 

25 Committee on Natural Resources of the House of RepVerDate Sep 11 2014 00:50 Nov 02, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2088.RH H2088

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1 resentatives and the Committee on Indian Affairs of the 

2 Senate. 

3 (d) CONTOUR ELEVATION CLARIFICATION.—The 

4 contour elevations referred to in this Act are based on 

5 MSL Datum as established by the NGS Southeastern 

6 Supplementary Adjustment of 1936 (NGVD29). 

7 (e) CONDITIONS.—The lands taken into trust under 

8 this section shall be subject to the conditions described 

9 in section 5. 

10 SEC. 3. PERMANENT EASEMENTS TAKEN INTO TRUST FOR 

11 THE EASTERN BAND OF CHEROKEE INDIANS. 

12 (a) PERMANENT EASEMENTS.—The following perma13 nent easements for land below the 820-foot (MSL) con14 tour elevation for the following Federal lands in Monroe 

15 County, Tennessee, on the shores of Tellico Reservoir, are 

16 declared to be held in trust by the United States for the 

17 benefit of the Eastern Band of Cherokee Indians: 

18 (1) CHOTA PENINSULA.—Approximately 8.5 

19 acres of land generally depicted as ‘‘Chota Memorial 

20 2’’ on the map titled ‘‘Eastern Band of Cherokee 

21 Historic Lands Reacquisition Map 3’’ and dated 

22 April 30, 2015. 

23 (2) CHOTA-TANASI TRAIL.—Approximately 11.4 

24 acres of land generally depicted as ‘‘Chota-Tanasi 

25 Trail’’ on the map titled ‘‘Eastern Band of Cherokee 


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1 Historic Lands Reacquisition Map 3’’ and dated 

2 April 30, 2015. 

3 (b) REVISED MAPS.—Not later than 1 year after the 

4 date of a land transaction made pursuant to this section, 

5 the Tennessee Valley Authority, after consultation with 

6 the Eastern Band of Cherokee Indians and the Secretary 

7 of the Interior, shall submit to the Committee on Natural 

8 Resources of the House of Representatives and the Com9 mittee on Indian Affairs of the Senate revised maps that 

10 depict the lands subject to easements taken into trust 

11 under this section, including any corrections necessary to 

12 the maps described in this section. 

13 (c) CONDITIONS.—The lands subject to easements 

14 taken into trust under this section shall be subject to the 

15 use rights and conditions described in section 5. 

16 SEC. 4. TRUST ADMINISTRATION AND PURPOSES. 

17 (a) APPLICABLE LAWS.—Except as described in sec18 tion 5, the lands subject to this Act shall be administered 

19 under the laws and regulations generally applicable to 

20 lands and interests in lands held in trust on behalf of In21 dian tribes. 

22 (b) USE OF LAND.—Except the lands described in 

23 section 2(a)(2), the lands subject to this Act shall be used 

24 principally for memorializing and interpreting the history 

25 and culture of Indians and recreational activities, includVerDate Sep 11 2014 00:50 Nov 02, 2021 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2088.RH H2088

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1 ing management, operation, and conduct of programs of 

2 and for— 

3 (1) the Sequoyah birthplace memorial and mu4 seum; 

5 (2) the memorials to Chota and Tanasi as 

6 former capitals of the Cherokees; 

7 (3) the memorial and place of reinterment for 

8 remains of the Eastern Band of Cherokee Indians 

9 and other Cherokee tribes, including those trans10 ferred to the Eastern Band of Cherokee Indians and 

11 other Cherokee tribes and those human remains and 

12 cultural items transferred by the Tennessee Valley 

13 Authority to those Cherokee tribes under the Native 

14 American Graves Protection and Repatriation Act 

15 (25 U.S.C. 3001 et seq.); and 

16 (4) interpreting the Trail of Tears National 

17 Historic Trail. 

18 (c) USE OF SUPPORT PROPERTY.—The land de19 scribed in section 2(a)(2) shall be used principally for the 

20 support of lands subject to this Act and the programs of21 fered by the Tribe relating to such lands and their pur22 poses including— 

23 (1) classrooms and conference rooms; 

24 (2) cultural interpretation and education pro25 grams; 


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1 (3) temporary housing of guests participating 

2 in such programs or the management of the prop3 erties and programs; and 

4 (4) headquarters offices and support space for 

5 the trust properties and programs. 

6 (d) LAND USE.—The principal purposes of the use 

7 of the land described in section 3(a)— 

8 (1) paragraph (1), shall be for a recreational 

9 trail from the general vicinity of the parking lot to 

10 the area of the Chota Memorial and beyond to the 

11 southern portion of the peninsula, including inter12 pretive signs, benches, and other compatible im13 provements; and 

14 (2) paragraph (2), shall be for a recreational 

15 trail between the Chota and Tanasi Memorials, in16 cluding interpretive signs, benches, and other com17 patible improvements. 

18 SEC. 5. USE RIGHTS, CONDITIONS. 

19 (a) FLOODING OF LAND AND ROADS.—The Ten20 nessee Valley Authority may temporarily and intermit21 tently flood the lands subject to this Act that lie below 

22 the 824-foot (MSL) contour elevation and the road access 

23 to such lands that lie below the 824-foot (MSL) contour 

24 elevation. 


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1 (b) FACILITIES AND STRUCTURES.—The Eastern 

2 Band of Cherokee Indians may construct, own, operate, 

3 and maintain— 

4 (1) water use facilities and nonhabitable struc5 tures, facilities, and improvements not subject to se6 rious damage if temporarily flooded on the land ad7 joining the Tellico Reservoir side of the lands subject 

8 to this Act that lie between the 815-foot and 820- 

9 foot (MSL) contour elevations, but only after having 

10 received written consent from the Tennessee Valley 

11 Authority and subject to the terms of such approval; 

12 and 

13 (2) water use facilities between the 815-foot 

14 (MSL) contour elevations on the Tellico Reservoir 

15 side of the lands subject to this Act and the adjacent 

16 waters of Tellico Reservoir and in and on such 

17 waters after having received written consent from 

18 the Tennessee Valley Authority and subject to the 

19 terms of such approval, but may not construct, own, 

20 operate, or maintain other nonhabitable structures, 

21 facilities, and improvements on such lands. 

22 (c) INGRESS AND EGRESS.—The Eastern Band of 

23 Cherokee Indians may use the lands subject to this Act 

24 and Tellico Reservoir for ingress and egress to and from 

25 such land and the waters of the Tellico Reservoir and to 


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1 and from all structures, facilities, and improvements main2 tained in, on, or over such land or waters. 

3 (d) RIVER CONTROL AND DEVELOPMENT.—The use 

4 rights under this section may not be exercised so as to 

5 interfere in any way with the Tennessee Valley Authority’s 

6 statutory program for river control and development. 

7 (e) TVA AUTHORITIES.—Nothing in this Act shall be 

8 construed to affect the right of the Tennessee Valley Au9 thority to— 

10 (1) draw down Tellico Reservoir; 

11 (2) fluctuate the water level thereof as may be 

12 necessary for its management of the Reservoir; or 

13 (3) permanently flood lands adjacent to lands 

14 subject to this Act that lie below the 815-foot (MSL) 

15 contour elevation. 

16 (f) RIGHT OF ENTRY.—The lands subject to this Act 

17 shall be subject to a reasonable right of entry by the per18 sonnel of the Tennessee Valley Authority and agents of 

19 the Tennessee Valley Authority operating in their official 

20 capacities as necessary for purposes of carrying out the 

21 Tennessee Valley Authority’s statutory program for river 

22 control and development. 

23 (g) ENTRY ONTO LAND.—To the extent that the 

24 Tennessee Valley Authority’s operations on the lands sub25 ject to this Act do not unreasonably interfere with the 


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1 Eastern Band of Cherokee Indians’ maintenance of an ap2 propriate setting for the memorialization of Cherokee his3 tory or culture on the lands and its operations on the 

4 lands, the Eastern Band of Cherokee Indians shall allow 

5 the Tennessee Valley Authority to enter the lands to clear, 

6 ditch, dredge, and drain said lands and apply larvicides 

7 and chemicals thereon or to conduct bank protection work 

8 and erect structures necessary in the promotion and fur9 therance of public health, flood control, and navigation. 

10 (h) LOSS OF HYDROPOWER CAPACITY.—All future 

11 development of the lands subject to this Act shall be sub12 ject to compensation to the Tennessee Valley Authority 

13 for loss of hydropower capacity as provided in the Ten14 nessee Valley Authority Flood Control Storage Loss 

15 Guideline, unless agreed to otherwise by the Tennessee 

16 Valley Authority. 

17 (i) PROTECTION FROM LIABILITY.—The United 

18 States shall not be liable for any loss or damage resulting 

19 from— 

20 (1) the temporary and intermittent flooding of 

21 lands subject to this Act; 

22 (2) the permanent flooding of adjacent lands as 

23 provided in this section; 

24 (3) wave action in Tellico Reservoir; or 


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1 (4) fluctuation of water levels for purposes of 

2 managing Tellico Reservoir. 

3 (j) CONTINUING RESPONSIBILITIES.—The Tennessee 

4 Valley Authority shall— 

5 (1) retain sole and exclusive Federal responsi6 bility and liability to fund and implement any envi7 ronmental remediation requirements that are re8 quired under applicable Federal or State law for any 

9 land or interest in land to be taken into trust under 

10 this Act, as well as the assessments under paragraph 

11 (2) to identify the type and quantity of any potential 

12 hazardous substances on the lands; 

13 (2) prior to the acquisition in trust, carry out 

14 an assessment and notify the Secretary of the Inte15 rior and the Eastern Band of Cherokee Indians 

16 whether any hazardous substances were stored on 

17 the lands and, if so, whether those substances— 

18 (A) were stored for 1 year or more on the 

19 lands; 

20 (B) were known to have been released on 

21 the lands; or 

22 (C) were known to have been disposed of 

23 on the lands; and 

24 (3) if the assessment under paragraph (2) 

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1 leased, or disposed of on the lands, include in its no2 tice under paragraph (2) to the Secretary of the In3 terior and the Eastern Band of Cherokee Indians— 

4 (A) the type and quantity of such haz5 ardous substances; 

6 (B) the time at which such storage, re7 lease, or disposal took place on the lands; and 

8 (C) a description of any remedial actions, 

9 if any, taken on the lands. 

10 SEC. 6. LANDS SUBJECT TO THE ACT. 

11 For the purposes of this Act, the term ‘‘lands subject 

12 to this Act’’ means lands and interests in lands (including 

13 easements) taken into trust for the benefit of the Eastern 

14 Band of Cherokee Indians pursuant to or under this Act. 

15 SEC. 7. GAMING PROHIBITION. 

16 No class II or class III gaming, as defined in the In17 dian Gaming Regulatory Act (25 U.S.C. 2701 et seq.), 

18 shall be conducted on lands subject to this Act. 


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Union Calendar No. 119 

117TH CONGRESS 

1ST SESSION H. R. 2088 

[Report No. 117–164] 

A BILL 

To take certain Federal lands in Tennessee into 

Cherokee Indians, and for other purposes. trust for the benefit of the Eastern Band of 

NOVEMBER 1, 2021 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


kjohnson on DSK79L0C42PROD with BILLS