(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
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
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
(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-
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. 
SEC. 8. DETERMINATION OF BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the House Budget Committee, pro-