(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 interpre-
tive signs, benches, and other compatible improve-
ments; and 
(2) paragraph (2), shall be for a recreational 
trail between the Chota and Tanasi Memorials, in-
cluding interpretive signs, benches, and other compat-
ible 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. 
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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 seri-
ous damage if temporarily flooded on the land adjoin-
ing 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 re-
ceived written consent from the Tennessee Valley Au-
thority 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 Ten-
nessee 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 
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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 inter-
fere in any way with the Tennessee Valley Authority’s stat-
utory program for river control and development. 
(e) TVA AUTHORITIES.—Nothing in this Act shall be 
construed to affect the right of the Tennessee Valley Author-
ity 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 ca-
pacities as necessary for purposes of carrying out the Ten-
nessee Valley Authority’s statutory program for river con-
trol and development. 
(g) ENTRY ONTO LAND.—To the extent that the Ten-
nessee Valley Authority’s operations on the lands subject to 
this Act do not unreasonably interfere with the Eastern 
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Band of Cherokee Indians’ maintenance of an appropriate 
setting for the memorialization of Cherokee history or cul-
ture on the lands and its operations on the lands, the East-
ern Band of Cherokee Indians shall allow the Tennessee Val-
ley Authority to enter the lands to clear, ditch, dredge, and 
drain said lands and apply larvicides and chemicals there-
on 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 de-
velopment 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. 
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(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 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 
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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 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. 442 
115TH CONGRESS 
2D SESSION 
H. R. 146 
[Report No. 115–584] 
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. 
FEBRUARY 27, 2018 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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