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 Com-
mittee 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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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Eastern Band of Cher-
okee 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.—Approxi-
mately 46.0 acres of land generally depicted as 
‘‘Sequoyah Museum’’, ‘‘Parcel 1’’, and ‘‘Parcel 2’’ 
on the map titled ‘‘Eastern Band of Cherokee His-
toric 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 His-
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toric 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 Cher-
okee 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 cor-
rections made to the maps described in this section to the 
Committee on Natural Resources of the House of Rep-
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resentatives 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 perma-
nent easements for land below the 820-foot (MSL) con-
tour 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 
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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 Com-
mittee 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 sec-
tion 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 In-
dian 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, includ-
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ing management, operation, and conduct of programs of 
and for— 
(1) the Sequoyah birthplace memorial and mu-
seum; 
(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 trans-
ferred 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 de-
scribed in section 2(a)(2) shall be used principally for the 
support of lands subject to this Act and the programs of-
fered by the Tribe relating to such lands and their pur-
poses including— 
(1) classrooms and conference rooms; 
(2) cultural interpretation and education pro-
grams; 
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(3) temporary housing of guests participating 
in such programs or the management of the prop-
erties 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 inter-
pretive signs, benches, and other compatible im-
provements; and 
(2) paragraph (2), shall be for a recreational 
trail between the Chota and Tanasi Memorials, in-
cluding interpretive signs, benches, and other com-
patible improvements. 
SEC. 5. USE RIGHTS, CONDITIONS. 
(a) FLOODING OF LAND AND ROADS.—The Ten-
nessee Valley Authority may temporarily and intermit-
tently 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. 
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(b) FACILITIES
AND STRUCTURES.—The Eastern 
Band of Cherokee Indians may construct, own, operate, 
and maintain— 
(1) water use facilities and nonhabitable struc-
tures, facilities, and improvements not subject to se-
rious damage if temporarily flooded on the land ad-
joining 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 
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and from all structures, facilities, and improvements main-
tained 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 Au-
thority 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 per-
sonnel 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 sub-
ject to this Act do not unreasonably interfere with the 
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Eastern Band of Cherokee Indians’ maintenance of an ap-
propriate setting for the memorialization of Cherokee his-
tory 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 fur-
therance of public health, flood control, and navigation. 
(h) LOSS OF HYDROPOWER CAPACITY.—All future 
development of the lands subject to this Act shall be sub-
ject to compensation to the Tennessee Valley Authority 
for loss of hydropower capacity as provided in the Ten-
nessee 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 
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(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 responsi-
bility and liability to fund and implement any envi-
ronmental remediation requirements that are re-
quired 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 Inte-
rior 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, re-
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leased, or disposed of on the lands, include in its no-
tice under paragraph (2) to the Secretary of the In-
terior and the Eastern Band of Cherokee Indians— 
(A) the type and quantity of such haz-
ardous substances; 
(B) the time at which such storage, re-
lease, 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 In-
dian Gaming Regulatory Act (25 U.S.C. 2701 et seq.), 
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 
trust for the benefit of the Eastern Band of 
Cherokee Indians, and for other purposes. 
NOVEMBER 1, 2021 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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