H.R. 226 — Eastern Band of Cherokee Historic Lands Reacquisition Act

This section declares approximately 76.1 acres of federal lands managed by the Tennessee Valley Authority in Monroe County, Tennessee, on the shores of Tellico Reservoir above the 820-foot mean sea level (MSL) contour elevation (NGVD29 datum), to be held in trust by the United States for the benefit of the Eastern Band of Cherokee Indians, subject to third-party rights-of-record and conditions in section 5. The trust lands consist of (1) Sequoyah Museum Property (~46.0 acres, including Parcels 1 and 2, as depicted on Map 1 dated April 30, 2015); (2) Support Property (~11.9 acres, as depicted on Map 2 dated April 30, 2015); and (3) Chota Memorial and Tanasi Memorial Properties (~18.2 acres, as depicted on Map 3 dated April 30, 2015, including the Chota Memorial and all land within an 86-foot radius circle from its center). In addition, improvements and appurtenances (including memorials) on these lands remain the property of the Eastern Band of Cherokee Indians. Not later than one year after any land transaction under this section, the Tennessee Valley Authority must submit revised maps, developed after consultation with the tribe and the Secretary of the Interior, to the House Committee on Natural Resources and the Senate Committee on Indian Affairs.

This section declares permanent easements for approximately 8.5 acres on the Chota Peninsula (generally depicted as “Chota Memorial 2”) and 11.4 acres along the Chota-Tanasi Trail (generally depicted as “Chota-Tanasi Trail”)—both on federal lands in Monroe County, Tennessee, below the 820-foot mean sea level contour on the shores of Tellico Reservoir and as shown on the map titled “Eastern Band of Cherokee Historic Lands Reacquisition Map 3” dated April 30, 2015—to be held in trust by the United States for the benefit of the Eastern Band of Cherokee Indians (historic sites associated with the Cherokee Overhill towns). It further directs the Tennessee Valley Authority, after consultation with the tribe and the Secretary of the Interior, to submit revised maps depicting these easement lands (including corrections) to the House Committee on Natural Resources and the Senate Committee on Indian Affairs not later than one year after any land transaction under this section. The easements are subject to the use rights and conditions specified in section 5.

This section directs administration of lands taken into trust under the Act in accordance with laws and regulations generally applicable to Indian trust lands (except as provided in section 5) and establishes their principal uses. Except for support property identified in section 2(a)(2), such lands are to be used principally for memorializing and interpreting Indian history and culture and for recreational activities, including management of (1) the Sequoyah birthplace memorial and museum; (2) memorials to Chota and Tanasi as former Cherokee capitals; (3) a memorial and reinterment site for remains of the Eastern Band of Cherokee Indians and other Cherokee tribes, including those transferred by the Tennessee Valley Authority under the Native American Graves Protection and Repatriation Act; and (4) interpretation of the Trail of Tears National Historic Trail. The support property in section 2(a)(2) is to be used principally for supporting such lands and related tribal programs, including classrooms, cultural interpretation and education, temporary guest housing, and headquarters offices. Land described in section 3(a) is to be used principally for (1) a recreational trail from a parking lot area to the Chota Memorial and southern peninsula (with interpretive signs, benches, and compatible improvements) and (2) a recreational trail between the Chota and Tanasi Memorials (with interpretive signs, benches, and compatible improvements).

This section establishes use rights and conditions for lands subject to the Act between the Tennessee Valley Authority (TVA) and the Eastern Band of Cherokee Indians (EBCI) adjacent to the Tellico Reservoir, which TVA manages for flood control, hydropower, navigation, and related purposes. Specifically, it (1) authorizes TVA to temporarily and intermittently flood such lands and road access below the 824-foot (MSL) contour elevation; (2) authorizes EBCI, with TVA written consent, to construct and maintain water use facilities and nonhabitable structures between the 815- and 820-foot (MSL) contours on the reservoir side of such lands, and water use facilities between the 815-foot (MSL) contour and adjacent reservoir waters (but no other nonhabitable structures in the latter area); (3) authorizes EBCI ingress and egress over such lands and the reservoir to structures and improvements; (4) prohibits EBCI uses from interfering with TVA's statutory river control and development program; (5) preserves TVA's rights to draw down or fluctuate reservoir levels and permanently flood adjacent lands below the 815-foot (MSL) contour; (6) grants TVA reasonable right of entry to such lands for its statutory program; (7) requires EBCI to allow TVA entry for clearing, ditching, dredging, drainage, larvicide/chemical application, bank protection, and related public health, flood control, and navigation work, provided it does not unreasonably interfere with EBCI's memorialization of Cherokee history or culture; (8) subjects future EBCI development of such lands to TVA compensation for hydropower capacity loss per TVA guidelines (unless otherwise agreed); and (9) shields the United States from liability for temporary/intermittent flooding of such lands, permanent flooding of adjacent lands, reservoir wave action, or water level fluctuations. Additionally, this section requires TVA, prior to taking the lands into trust, to (1) retain sole federal responsibility for funding and implementing any required environmental remediation under federal or state law; (2) conduct an assessment of hazardous substances on the lands and notify the Secretary of the Interior and EBCI as to whether such substances were stored for one year or more, released, or disposed of, including details on type, quantity, timing, and any remedial actions; and (3) implement such remediation as needed.

This section defines the term "lands subject to this Act" as 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.