H.R. 226

Eastern Band of Cherokee Historic Lands Reacquisition Act

Sponsor: Charles J. "Chuck" Fleischmann · 0 cosponsors

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Official summary

Written by the Congressional Research Service.

Eastern Band of Cherokee Historic Lands Reacquisition Act

This bill takes specified lands and easements in Monroe County, Tennessee, into trust for the use and benefit of the Eastern Band of Cherokee Indians. These lands include the Sequoyah Museum, the Chota Memorial, the Tanasi Memorial, and land to provide support for these properties and cultural programs.

The Tennessee Valley Authority (TVA) maintains its right to carry out river control and development on these lands, including temporarily and intermittently flooding certain lands. The bill specifies the structures that may be constructed with the TVA's written consent on certain lands subject to flooding. Additionally, the TVA must be compensated for lost hydropower capacity from future development of these lands.

Further, the bill specifies that the United States is not liable for loss or damage resulting from certain activities, such as the permanent flooding of adjacent lands.

In addition, the bill outlines the TVA's continuing responsibilities, including those related to environmental remediation.

Finally, the bill prohibits gaming on these lands.

Text of the bill

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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. Approximately 46.0 acres of land generally depicted as Sequoyah Museum, Parcel 1, and Parcel 2 on the map titled Eastern Band of Cherokee Historic 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 Historic 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 Cherokee 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 corrections made to the maps described in this section to the Committee on Natural Resources of the House of Representatives 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.