Eastern Band of Cherokee Historic Lands Reacquisition Act
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The bill would take roughly 76 acres of federal land and permanent easements in Monroe County, Tennessee — including the Sequoyah Museum and the Chota and Tanasi memorial sites — into trust for the Eastern Band of Cherokee Indians.
It would let the tribe manage these historic and cultural sites while preserving the Tennessee Valley Authority's flood-control and river-management rights over the land, and it would bar casino-style gaming there.
What this bill would do
What it would do
The bill would place specified Tennessee Valley Authority-managed lands and easements on the shores of Tellico Reservoir in Monroe County, Tennessee, into federal trust for the use and benefit of the Eastern Band of Cherokee Indians. This includes the Sequoyah Museum property, a support parcel, the Chota and Tanasi memorial properties, and permanent easements for the Chota peninsula and a Chota-Tanasi recreational trail. The land would be used principally to memorialize and interpret Cherokee history and culture, including museum operations, memorials, reinterment of remains, and interpretation of the Trail of Tears. The Tennessee Valley Authority would retain rights to temporarily flood portions of the land, draw down or fluctuate reservoir water levels, and enter the land for river-control and environmental purposes; any future development would require compensating the Authority for lost hydropower capacity. The United States would not be liable for flooding-related damage, and the bill would prohibit gaming on all lands covered.
Key provisions
- 1Would take approximately 76.1 acres of federal land, including the Sequoyah Museum, support property, and Chota/Tanasi memorial sites, into trust for the tribe
- 2Would take permanent easements over the Chota peninsula and Chota-Tanasi trail land into trust for the tribe
- 3Would restrict use of the trust lands principally to memorializing and interpreting Cherokee history, culture, and the Trail of Tears
- 4Would preserve the Tennessee Valley Authority's rights to flood, manage water levels, and enter the land for river-control purposes, and require compensation for lost hydropower capacity from future development
- 5Would shield the United States from liability for flooding-related loss or damage on the trust lands
- 6Would require the Tennessee Valley Authority to retain responsibility for environmental remediation and to assess and report any hazardous substances before land transfer
- 7Would prohibit class II and class III gaming on all lands covered by the Act
Who would be affected
The Eastern Band of Cherokee Indians, which would gain trust ownership and management of the museum, memorial, and trail properties; the Tennessee Valley Authority, which retains river-control, flooding, and entry rights over the land; and the Department of the Interior, which is consulted on land transactions and maps.
Why it matters
For the Eastern Band of Cherokee Indians, trust status would give the tribe formal, protected control over historically significant ancestral sites, including burial grounds and former Cherokee capitals, while the Tennessee Valley Authority retains authority needed to keep operating Tellico Reservoir for flood control and power generation without new liability.
What would change
Agencies directed to act
Effective dates
- Deadline for TVA to submit revised maps of trust lands after a land transaction
- Deadline for TVA to submit revised maps of easement lands after a land transaction
How implementation would work
Following passage, the Tennessee Valley Authority would work with the Eastern Band of Cherokee Indians and the Secretary of the Interior to complete each land transaction, then submit revised maps to the House Natural Resources Committee and Senate Indian Affairs Committee within one year. Before any land is taken into trust, the Authority must complete a hazardous-substance assessment and notify Interior and the tribe of any contamination findings, remediation history, and quantities involved, since the Authority retains sole responsibility for any required environmental cleanup.
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on Indian Affairs.
Official CRS summary
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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.Legislative subjects
Alternative and renewable resources; Electric power generation and transmission; Floods and storm protection; Historic sites and heritage areas; Historical and cultural resources; Indian lands and resources rights; Lakes and rivers; Land transfers; Land use and conservation; Monuments and memorials; Museums, exhibitions, cultural centers; Native Americans; Parks, recreation areas, trails; Tennessee; Water storage; Water use and supply