Us Congress 2023-2024 Regular Session

Us Congress House Bill HB548 Compare Versions

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Old	New		Differences
	1	+	I
1	2		118THCONGRESS
2	3		1
3	4		STSESSION H. R. 548
4		-	AN ACT
	5	+	To take certain Federal lands in Tennessee into trust for the benefit of
	6	+	the Eastern Band of Cherokee Indians.
	7	+	IN THE HOUSE OF REPRESENTATIVES
	8	+	JANUARY26, 2023
	9	+	Mr. F
	10	+	LEISCHMANNintroduced the following bill; which was referred to the
	11	+	Committee on Natural Resources
	12	+	A BILL
5	13		To take certain Federal lands in Tennessee into trust for
6	14		the benefit of the Eastern Band of Cherokee Indians.
7	15		Be it enacted by the Senate and House of Representa-1
8		-	tives of the United States of America in Congress assembled, 2 2
9		-	•HR 548 EH
10		-	SECTION 1. SHORT TITLE. 1
11		-	This Act may be cited as the ‘‘Eastern Band of Cher-2
12		-	okee Historic Lands Reacquisition Act’’. 3
13		-	SEC. 2. LAND TAKEN INTO TRUST FOR THE EASTERN BAND 4
14		-	OF CHEROKEE INDIANS. 5
	16	+	tives of the United States of America in Congress assembled, 2
	17	+	SECTION 1. SHORT TITLE. 3
	18	+	This Act may be cited as the ‘‘Eastern Band of Cher-4
	19	+	okee Historic Lands Reacquisition Act’’. 5
	20	+	SEC. 2. LAND TAKEN INTO TRUST FOR THE EASTERN BAND 6
	21	+	OF CHEROKEE INDIANS. 7
15	22		(a) L
16		-	ANDSINTOTRUST.—Subject to such rights of 6
17		-	record as may be vested in third parties to rights-of-way 7
18		-	or other easements or rights-of-record for roads, utilities, 8
19		-	or other purposes, the following Federal lands managed 9
20		-	by the Tennessee Valley Authority and located on or above 10
21		-	the 820-foot (MSL) contour elevation in Monroe County, 11
22		-	Tennessee, on the shores of Tellico Reservoir, are declared 12
23		-	to be held in trust by the United States for the use and 13
24		-	benefit of the Eastern Band of Cherokee Indians: 14
	23	+	ANDSINTOTRUST.—Subject to such rights of 8
	24	+	record as may be vested in third parties to rights-of-way 9
	25	+	or other easements or rights-of-record for roads, utilities, 10
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	29	+	or other purposes, the following Federal lands managed 1
	30	+	by the Tennessee Valley Authority and located on or above 2
	31	+	the 820-foot (MSL) contour elevation in Monroe County, 3
	32	+	Tennessee, on the shores of Tellico Reservoir, are declared 4
	33	+	to be held in trust by the United States for the use and 5
	34	+	benefit of the Eastern Band of Cherokee Indians: 6
25	35		(1) S
26		-	EQUOYAH MUSEUM PROPERTY .—Approxi-15
27		-	mately 46.0 acres of land generally depicted as 16
28		-	‘‘Sequoyah Museum’’, ‘‘Parcel 1’’, and ‘‘Parcel 2’’ 17
29		-	on the map titled ‘‘Eastern Band of Cherokee His-18
30		-	toric Lands Reacquisition Map 1’’ and dated April 19
31		-	30, 2015. 20
	36	+	EQUOYAH MUSEUM PROPERTY .—Approxi-7
	37	+	mately 46.0 acres of land generally depicted as 8
	38	+	‘‘Sequoyah Museum’’, ‘‘Parcel 1’’, and ‘‘Parcel 2’’ 9
	39	+	on the map titled ‘‘Eastern Band of Cherokee His-10
	40	+	toric Lands Reacquisition Map 1’’ and dated April 11
	41	+	30, 2015. 12
32	42		(2) S
33		-	UPPORT PROPERTY .—Approximately 11.9 21
34		-	acres of land generally depicted as ‘‘Support Parcel’’ 22
35		-	on the map titled ‘‘Eastern Band of Cherokee His-23
36		-	toric Lands Reacquisition Map 2’’ and dated April 24
37		-	30, 2015. 25 3
38		-	•HR 548 EH
39		-	(3) CHOTA MEMORIAL PROPERTY AND TANASI 1
40		-	MEMORIAL PROPERTY .—Approximately 18.2 acres of 2
41		-	land generally depicted as ‘‘Chota Memorial 1’’ and 3
42		-	‘‘Tanasi Memorial’’ on the map titled ‘‘Eastern 4
43		-	Band of Cherokee Historic Lands Reacquisition Map 5
44		-	3’’ and dated April 30, 2015, and including the 6
45		-	Chota Memorial and all land within a circle with a 7
46		-	radius of 86 feet measured from the center of the 8
47		-	Chota Memorial without regard to the elevation of 9
48		-	the land within the circle. 10
	43	+	UPPORT PROPERTY .—Approximately 11.9 13
	44	+	acres of land generally depicted as ‘‘Support Parcel’’ 14
	45	+	on the map titled ‘‘Eastern Band of Cherokee His-15
	46	+	toric Lands Reacquisition Map 2’’ and dated April 16
	47	+	30, 2015. 17
	48	+	(3) C
	49	+	HOTA MEMORIAL PROPERTY AND TANASI 18
	50	+	MEMORIAL PROPERTY .—Approximately 18.2 acres of 19
	51	+	land generally depicted as ‘‘Chota Memorial 1’’ and 20
	52	+	‘‘Tanasi Memorial’’ on the map titled ‘‘Eastern 21
	53	+	Band of Cherokee Historic Lands Reacquisition Map 22
	54	+	3’’ and dated April 30, 2015, and including the 23
	55	+	Chota Memorial and all land within a circle with a 24
	56	+	radius of 86 feet measured from the center of the 25
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	60	+	Chota Memorial without regard to the elevation of 1
	61	+	the land within the circle. 2
49	62		(b) P
50		-	ROPERTY ONLANDS.—In addition to the land 11
51		-	taken into trust by subsection (a), the improvements on 12
52		-	and appurtenances thereto, including memorials, are and 13
53		-	shall remain the property of the Eastern Band of Cher-14
54		-	okee Indians. 15
	63	+	ROPERTY ONLANDS.—In addition to the land 3
	64	+	taken into trust by subsection (a), the improvements on 4
	65	+	and appurtenances thereto, including memorials, are and 5
	66	+	shall remain the property of the Eastern Band of Cher-6
	67	+	okee Indians. 7
55	68		(c) R
56		-	EVISEDMAPS.—Not later than 1 year after the 16
57		-	date of a land transaction made pursuant to this section, 17
58		-	the Tennessee Valley Authority, after consultation with 18
59		-	the Eastern Band of Cherokee Indians and the Secretary 19
60		-	of the Interior, shall submit revised maps that depict the 20
61		-	land taken into trust under this section, including any cor-21
62		-	rections made to the maps described in this section to the 22
63		-	Committee on Natural Resources of the House of Rep-23
64		-	resentatives and the Committee on Indian Affairs of the 24
65		-	Senate. ~~25 4~~
66		-	~~•HR 548 EH~~
67		-	~~(d) CONTOURELEVATIONCLARIFICATION~~.—The 1
68		-	contour elevations referred to in this Act are based on 2
69		-	MSL Datum as established by the NGS Southeastern 3
70		-	Supplementary Adjustment of 1936 (NGVD29). 4
	69	+	EVISEDMAPS.—Not later than 1 year after the 8
	70	+	date of a land transaction made pursuant to this section, 9
	71	+	the Tennessee Valley Authority, after consultation with 10
	72	+	the Eastern Band of Cherokee Indians and the Secretary 11
	73	+	of the Interior, shall submit revised maps that depict the 12
	74	+	land taken into trust under this section, including any cor-13
	75	+	rections made to the maps described in this section to the 14
	76	+	Committee on Natural Resources of the House of Rep-15
	77	+	resentatives and the Committee on Indian Affairs of the 16
	78	+	Senate. 17
	79	+	(d) C
	80	+	ONTOURELEVATIONCLARIFICATION.—The 18
	81	+	contour elevations referred to in this Act are based on 19
	82	+	MSL Datum as established by the NGS Southeastern 20
	83	+	Supplementary Adjustment of 1936 (NGVD29). 21
71	84		(e) C
72		-	ONDITIONS.—The lands taken into trust under 5
73		-	this section shall be subject to the conditions described 6
74		-	in section 5. 7
75		-	SEC. 3. PERMANENT EASEMENTS TAKEN INTO TRUST FOR 8
76		-	THE EASTERN BAND OF CHEROKEE INDIANS. 9
	85	+	ONDITIONS.—The lands taken into trust under 22
	86	+	this section shall be subject to the conditions described 23
	87	+	in section 5. 24
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	91	+	SEC. 3. PERMANENT EASEMENTS TAKEN INTO TRUST FOR 1
	92	+	THE EASTERN BAND OF CHEROKEE INDIANS. 2
77	93		(a) P
78		-	ERMANENTEASEMENTS.—The following perma-10
79		-	nent easements for land below the 820-foot (MSL) con-11
80		-	tour elevation for the following Federal lands in Monroe 12
81		-	County, Tennessee, on the shores of Tellico Reservoir, are 13
82		-	declared to be held in trust by the United States for the 14
83		-	benefit of the Eastern Band of Cherokee Indians: 15
	94	+	ERMANENTEASEMENTS.—The following perma-3
	95	+	nent easements for land below the 820-foot (MSL) con-4
	96	+	tour elevation for the following Federal lands in Monroe 5
	97	+	County, Tennessee, on the shores of Tellico Reservoir, are 6
	98	+	declared to be held in trust by the United States for the 7
	99	+	benefit of the Eastern Band of Cherokee Indians: 8
84	100		(1) C
85		-	HOTA PENINSULA .—Approximately 8.5 16
86		-	acres of land generally depicted as ‘‘Chota Memorial 17
87		-	2’’ on the map titled ‘‘Eastern Band of Cherokee 18
88		-	Historic Lands Reacquisition Map 3’’ and dated 19
89		-	April 30, 2015. 20
	101	+	HOTA PENINSULA .—Approximately 8.5 9
	102	+	acres of land generally depicted as ‘‘Chota Memorial 10
	103	+	2’’ on the map titled ‘‘Eastern Band of Cherokee 11
	104	+	Historic Lands Reacquisition Map 3’’ and dated 12
	105	+	April 30, 2015. 13
90	106		(2) C
91		-	HOTA-TANASI TRAIL.—Approximately 11.4 21
92		-	acres of land generally depicted as ‘‘Chota-Tanasi 22
93		-	Trail’’ on the map titled ‘‘Eastern Band of Cherokee 23
94		-	Historic Lands Reacquisition Map 3’’ and dated 24
95		-	April 30, 2015. 25 5
96		-	•HR 548 EH
97		-	(b) REVISEDMAPS.—Not later than 1 year after the 1
98		-	date of a land transaction made pursuant to this section, 2
99		-	the Tennessee Valley Authority, after consultation with 3
100		-	the Eastern Band of Cherokee Indians and the Secretary 4
101		-	of the Interior, shall submit to the Committee on Natural 5
102		-	Resources of the House of Representatives and the Com-6
103		-	mittee on Indian Affairs of the Senate revised maps that 7
104		-	depict the lands subject to easements taken into trust 8
105		-	under this section, including any corrections necessary to 9
106		-	the maps described in this section. 10
	107	+	HOTA-TANASI TRAIL.—Approximately 11.4 14
	108	+	acres of land generally depicted as ‘‘Chota-Tanasi 15
	109	+	Trail’’ on the map titled ‘‘Eastern Band of Cherokee 16
	110	+	Historic Lands Reacquisition Map 3’’ and dated 17
	111	+	April 30, 2015. 18
	112	+	(b) R
	113	+	EVISEDMAPS.—Not later than 1 year after the 19
	114	+	date of a land transaction made pursuant to this section, 20
	115	+	the Tennessee Valley Authority, after consultation with 21
	116	+	the Eastern Band of Cherokee Indians and the Secretary 22
	117	+	of the Interior, shall submit to the Committee on Natural 23
	118	+	Resources of the House of Representatives and the Com-24
	119	+	mittee on Indian Affairs of the Senate revised maps that 25
	120	+	depict the lands subject to easements taken into trust 26
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	123	+	•HR 548 IH
	124	+	under this section, including any corrections necessary to 1
	125	+	the maps described in this section. 2
107	126		(c) C
108		-	ONDITIONS.—The lands subject to easements 11
109		-	taken into trust under this section shall be subject to the 12
110		-	use rights and conditions described in section 5. 13
111		-	SEC. 4. TRUST ADMINISTRATION AND PURPOSES. 14
	127	+	ONDITIONS.—The lands subject to easements 3
	128	+	taken into trust under this section shall be subject to the 4
	129	+	use rights and conditions described in section 5. 5
	130	+	SEC. 4. TRUST ADMINISTRATION AND PURPOSES. 6
112	131		(a) A
113		-	PPLICABLELAWS.—Except as described in sec-15
114		-	tion 5, the lands subject to this Act shall be administered 16
115		-	under the laws and regulations generally applicable to 17
116		-	lands and interests in lands held in trust on behalf of In-18
117		-	dian tribes. 19
	132	+	PPLICABLELAWS.—Except as described in sec-7
	133	+	tion 5, the lands subject to this Act shall be administered 8
	134	+	under the laws and regulations generally applicable to 9
	135	+	lands and interests in lands held in trust on behalf of In-10
	136	+	dian tribes. 11
118	137		(b) U
119		-	SE OFLAND.—Except the lands described in 20
120		-	section 2(a)(2), the lands subject to this Act shall be used 21
121		-	principally for memorializing and interpreting the history 22
122		-	and culture of Indians and recreational activities, includ-23
123		-	ing management, operation, and conduct of programs of 24
124		-	and for— 25 6
125		-	•HR 548 EH
126		-	(1) the Sequoyah birthplace memorial and mu-1
127		-	seum; 2
128		-	(2) the memorials to Chota and Tanasi as 3
129		-	former capitals of the Cherokees; 4
130		-	(3) the memorial and place of reinterment for 5
131		-	remains of the Eastern Band of Cherokee Indians 6
132		-	and other Cherokee tribes, including those trans-7
133		-	ferred to the Eastern Band of Cherokee Indians and 8
134		-	other Cherokee tribes and those human remains and 9
135		-	cultural items transferred by the Tennessee Valley 10
136		-	Authority to those Cherokee tribes under the Native 11
137		-	American Graves Protection and Repatriation Act 12
138		-	(25 U.S.C. 3001 et seq.); and 13
139		-	(4) interpreting the Trail of Tears National 14
140		-	Historic Trail. 15
	138	+	SE OFLAND.—Except the lands described in 12
	139	+	section 2(a)(2), the lands subject to this Act shall be used 13
	140	+	principally for memorializing and interpreting the history 14
	141	+	and culture of Indians and recreational activities, includ-15
	142	+	ing management, operation, and conduct of programs of 16
	143	+	and for— 17
	144	+	(1) the Sequoyah birthplace memorial and mu-18
	145	+	seum; 19
	146	+	(2) the memorials to Chota and Tanasi as 20
	147	+	former capitals of the Cherokees; 21
	148	+	(3) the memorial and place of reinterment for 22
	149	+	remains of the Eastern Band of Cherokee Indians 23
	150	+	and other Cherokee tribes, including those trans-24
	151	+	ferred to the Eastern Band of Cherokee Indians and 25
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	155	+	other Cherokee tribes and those human remains and 1
	156	+	cultural items transferred by the Tennessee Valley 2
	157	+	Authority to those Cherokee tribes under the Native 3
	158	+	American Graves Protection and Repatriation Act 4
	159	+	(25 U.S.C. 3001 et seq.); and 5
	160	+	(4) interpreting the Trail of Tears National 6
	161	+	Historic Trail. 7
141	162		(c) U
142		-	SE OFSUPPORTPROPERTY.—The land de-16
143		-	scribed in section 2(a)(2) shall be used principally for the 17
144		-	support of lands subject to this Act and the programs of-18
145		-	fered by the Tribe relating to such lands and their pur-19
146		-	poses including— 20
147		-	(1) classrooms and conference rooms; 21
148		-	(2) cultural interpretation and education pro-22
149		-	grams; 23 7
150		-	•HR 548 EH
151		-	(3) temporary housing of guests participating 1
152		-	in such programs or the management of the prop-2
153		-	erties and programs; and 3
154		-	(4) headquarters offices and support space for 4
155		-	the trust properties and programs. 5
	163	+	SE OFSUPPORTPROPERTY.—The land de-8
	164	+	scribed in section 2(a)(2) shall be used principally for the 9
	165	+	support of lands subject to this Act and the programs of-10
	166	+	fered by the Tribe relating to such lands and their pur-11
	167	+	poses including— 12
	168	+	(1) classrooms and conference rooms; 13
	169	+	(2) cultural interpretation and education pro-14
	170	+	grams; 15
	171	+	(3) temporary housing of guests participating 16
	172	+	in such programs or the management of the prop-17
	173	+	erties and programs; and 18
	174	+	(4) headquarters offices and support space for 19
	175	+	the trust properties and programs. 20
156	176		(d) L
157		-	ANDUSE.—The principal purposes of the use 6
158		-	of the land described in section 3(a)— 7
159		-	(1) paragraph (1), shall be for a recreational 8
160		-	trail from the general vicinity of the parking lot to 9
161		-	the area of the Chota Memorial and beyond to the 10
162		-	southern portion of the peninsula, including inter-11
163		-	pretive signs, benches, and other compatible im-12
164		-	provements; and 13
165		-	(2) paragraph (2), shall be for a recreational 14
166		-	trail between the Chota and Tanasi Memorials, in-15
167		-	cluding interpretive signs, benches, and other com-16
168		-	patible improvements. 17
169		-	SEC. 5. USE RIGHTS, CONDITIONS. 18
	177	+	ANDUSE.—The principal purposes of the use 21
	178	+	of the land described in section 3(a)— 22
	179	+	(1) paragraph (1), shall be for a recreational 23
	180	+	trail from the general vicinity of the parking lot to 24
	181	+	the area of the Chota Memorial and beyond to the 25
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	185	+	southern portion of the peninsula, including inter-1
	186	+	pretive signs, benches, and other compatible im-2
	187	+	provements; and 3
	188	+	(2) paragraph (2), shall be for a recreational 4
	189	+	trail between the Chota and Tanasi Memorials, in-5
	190	+	cluding interpretive signs, benches, and other com-6
	191	+	patible improvements. 7
	192	+	SEC. 5. USE RIGHTS, CONDITIONS. 8
170	193		(a) F
171		-	LOODING OF LAND ANDROADS.—The Ten-19
172		-	nessee Valley Authority may temporarily and intermit-20
173		-	tently flood the lands subject to this Act that lie below 21
174		-	the 824-foot (MSL) contour elevation and the road access 22
175		-	to such lands that lie below the 824-foot (MSL) contour 23
176		-	elevation. 24 8
177		-	•HR 548 EH
178		-	(b) FACILITIES ANDSTRUCTURES.—The Eastern 1
179		-	Band of Cherokee Indians may construct, own, operate, 2
180		-	and maintain— 3
181		-	(1) water use facilities and nonhabitable struc-4
182		-	tures, facilities, and improvements not subject to se-5
183		-	rious damage if temporarily flooded on the land ad-6
184		-	joining the Tellico Reservoir side of the lands subject 7
185		-	to this Act that lie between the 815-foot and 820- 8
186		-	foot (MSL) contour elevations, but only after having 9
187		-	received written consent from the Tennessee Valley 10
188		-	Authority and subject to the terms of such approval; 11
189		-	and 12
190		-	(2) water use facilities between the 815-foot 13
191		-	(MSL) contour elevations on the Tellico Reservoir 14
192		-	side of the lands subject to this Act and the adjacent 15
193		-	waters of Tellico Reservoir and in and on such 16
194		-	waters after having received written consent from 17
195		-	the Tennessee Valley Authority and subject to the 18
196		-	terms of such approval, but may not construct, own, 19
197		-	operate, or maintain other nonhabitable structures, 20
198		-	facilities, and improvements on such lands. 21
	194	+	LOODING OF LAND ANDROADS.—The Ten-9
	195	+	nessee Valley Authority may temporarily and intermit-10
	196	+	tently flood the lands subject to this Act that lie below 11
	197	+	the 824-foot (MSL) contour elevation and the road access 12
	198	+	to such lands that lie below the 824-foot (MSL) contour 13
	199	+	elevation. 14
	200	+	(b) F
	201	+	ACILITIES ANDSTRUCTURES.—The Eastern 15
	202	+	Band of Cherokee Indians may construct, own, operate, 16
	203	+	and maintain— 17
	204	+	(1) water use facilities and nonhabitable struc-18
	205	+	tures, facilities, and improvements not subject to se-19
	206	+	rious damage if temporarily flooded on the land ad-20
	207	+	joining the Tellico Reservoir side of the lands subject 21
	208	+	to this Act that lie between the 815-foot and 820- 22
	209	+	foot (MSL) contour elevations, but only after having 23
	210	+	received written consent from the Tennessee Valley 24
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	214	+	Authority and subject to the terms of such approval; 1
	215	+	and 2
	216	+	(2) water use facilities between the 815-foot 3
	217	+	(MSL) contour elevations on the Tellico Reservoir 4
	218	+	side of the lands subject to this Act and the adjacent 5
	219	+	waters of Tellico Reservoir and in and on such 6
	220	+	waters after having received written consent from 7
	221	+	the Tennessee Valley Authority and subject to the 8
	222	+	terms of such approval, but may not construct, own, 9
	223	+	operate, or maintain other nonhabitable structures, 10
	224	+	facilities, and improvements on such lands. 11
199	225		(c) I
200		-	NGRESS ANDEGRESS.—The Eastern Band of 22
201		-	Cherokee Indians may use the lands subject to this Act 23
202		-	and Tellico Reservoir for ingress and egress to and from 24
203		-	such land and the waters of the Tellico Reservoir and to 25 9
204		-	•HR 548 EH
205		-	and from all structures, facilities, and improvements main-1
206		-	tained in, on, or over such land or waters. 2
	226	+	NGRESS ANDEGRESS.—The Eastern Band of 12
	227	+	Cherokee Indians may use the lands subject to this Act 13
	228	+	and Tellico Reservoir for ingress and egress to and from 14
	229	+	such land and the waters of the Tellico Reservoir and to 15
	230	+	and from all structures, facilities, and improvements main-16
	231	+	tained in, on, or over such land or waters. 17
207	232		(d) R
208		-	IVERCONTROL ANDDEVELOPMENT.—The use 3
209		-	rights under this section may not be exercised so as to 4
210		-	interfere in any way with the Tennessee Valley Authority’s 5
211		-	statutory program for river control and development. 6
	233	+	IVERCONTROL ANDDEVELOPMENT.—The use 18
	234	+	rights under this section may not be exercised so as to 19
	235	+	interfere in any way with the Tennessee Valley Authority’s 20
	236	+	statutory program for river control and development. 21
212	237		(e) TVA A
213		-	UTHORITIES.—Nothing in this Act shall be 7
214		-	construed to affect the right of the Tennessee Valley Au-8
215		-	thority to— 9
216		-	(1) draw down Tellico Reservoir; 10
217		-	(2) fluctuate the water level thereof as may be 11
218		-	necessary for its management of the Reservoir; or 12
219		-	(3) permanently flood lands adjacent to lands 13
220		-	subject to this Act that lie below the 815-foot (MSL) 14
221		-	contour elevation. 15
	238	+	UTHORITIES.—Nothing in this Act shall be 22
	239	+	construed to affect the right of the Tennessee Valley Au-23
	240	+	thority to— 24
	241	+	(1) draw down Tellico Reservoir; 25
	242	+	VerDate Sep 11 2014 00:17 Feb 04, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H548.IH H548
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	244	+	•HR 548 IH
	245	+	(2) fluctuate the water level thereof as may be 1
	246	+	necessary for its management of the Reservoir; or 2
	247	+	(3) permanently flood lands adjacent to lands 3
	248	+	subject to this Act that lie below the 815-foot (MSL) 4
	249	+	contour elevation. 5
222	250		(f) R
223		-	IGHT OFENTRY.—The lands subject to this Act 16
224		-	shall be subject to a reasonable right of entry by the per-17
225		-	sonnel of the Tennessee Valley Authority and agents of 18
226		-	the Tennessee Valley Authority operating in their official 19
227		-	capacities as necessary for purposes of carrying out the 20
228		-	Tennessee Valley Authority’s statutory program for river 21
229		-	control and development. 22
	251	+	IGHT OFENTRY.—The lands subject to this Act 6
	252	+	shall be subject to a reasonable right of entry by the per-7
	253	+	sonnel of the Tennessee Valley Authority and agents of 8
	254	+	the Tennessee Valley Authority operating in their official 9
	255	+	capacities as necessary for purposes of carrying out the 10
	256	+	Tennessee Valley Authority’s statutory program for river 11
	257	+	control and development. 12
230	258		(g) E
231		-	NTRYONTOLAND.—To the extent that the 23
232		-	Tennessee Valley Authority’s operations on the lands sub-24
233		-	ject to this Act do not unreasonably interfere with the 25 10
234		-	•HR 548 EH
235		-	Eastern Band of Cherokee Indians’ maintenance of an ap-1
236		-	propriate setting for the memorialization of Cherokee his-2
237		-	tory or culture on the lands and its operations on the 3
238		-	lands, the Eastern Band of Cherokee Indians shall allow 4
239		-	the Tennessee Valley Authority to enter the lands to clear, 5
240		-	ditch, dredge, and drain said lands and apply larvicides 6
241		-	and chemicals thereon or to conduct bank protection work 7
242		-	and erect structures necessary in the promotion and fur-8
243		-	therance of public health, flood control, and navigation. 9
244		-	(h) L
245		-	OSS OFHYDROPOWER CAPACITY.—All future 10
246		-	development of the lands subject to this Act shall be sub-11
247		-	ject to compensation to the Tennessee Valley Authority 12
248		-	for loss of hydropower capacity as provided in the Ten-13
249		-	nessee Valley Authority Flood Control Storage Loss 14
250		-	Guideline, unless agreed to otherwise by the Tennessee 15
251		-	Valley Authority. 16
	259	+	NTRYONTOLAND.—To the extent that the 13
	260	+	Tennessee Valley Authority’s operations on the lands sub-14
	261	+	ject to this Act do not unreasonably interfere with the 15
	262	+	Eastern Band of Cherokee Indians’ maintenance of an ap-16
	263	+	propriate setting for the memorialization of Cherokee his-17
	264	+	tory or culture on the lands and its operations on the 18
	265	+	lands, the Eastern Band of Cherokee Indians shall allow 19
	266	+	the Tennessee Valley Authority to enter the lands to clear, 20
	267	+	ditch, dredge, and drain said lands and apply larvicides 21
	268	+	and chemicals thereon or to conduct bank protection work 22
	269	+	and erect structures necessary in the promotion and fur-23
	270	+	therance of public health, flood control, and navigation. 24
	271	+	VerDate Sep 11 2014 00:17 Feb 04, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H548.IH H548
	272	+	pbinns on DSKJLVW7X2PROD with $$_JOB 10
	273	+	•HR 548 IH
	274	+	(h) LOSS OFHYDROPOWER CAPACITY.—All future 1
	275	+	development of the lands subject to this Act shall be sub-2
	276	+	ject to compensation to the Tennessee Valley Authority 3
	277	+	for loss of hydropower capacity as provided in the Ten-4
	278	+	nessee Valley Authority Flood Control Storage Loss 5
	279	+	Guideline, unless agreed to otherwise by the Tennessee 6
	280	+	Valley Authority. 7
252	281		(i) P
253		-	ROTECTIONFROMLIABILITY.—The United 17
254		-	States shall not be liable for any loss or damage resulting 18
255		-	from— 19
256		-	(1) the temporary and intermittent flooding of 20
257		-	lands subject to this Act; 21
258		-	(2) the permanent flooding of adjacent lands as 22
259		-	provided in this section; 23
260		-	(3) wave action in Tellico Reservoir; or 24 11
261		-	•HR 548 EH
262		-	(4) fluctuation of water levels for purposes of 1
263		-	managing Tellico Reservoir. 2
	282	+	ROTECTIONFROMLIABILITY.—The United 8
	283	+	States shall not be liable for any loss or damage resulting 9
	284	+	from— 10
	285	+	(1) the temporary and intermittent flooding of 11
	286	+	lands subject to this Act; 12
	287	+	(2) the permanent flooding of adjacent lands as 13
	288	+	provided in this section; 14
	289	+	(3) wave action in Tellico Reservoir; or 15
	290	+	(4) fluctuation of water levels for purposes of 16
	291	+	managing Tellico Reservoir. 17
264	292		(j) C
265		-	ONTINUINGRESPONSIBILITIES.—The Tennessee 3
266		-	Valley Authority shall— 4
267		-	(1) retain sole and exclusive Federal responsi-5
268		-	bility and liability to fund and implement any envi-6
269		-	ronmental remediation requirements that are re-7
270		-	quired under applicable Federal or State law for any 8
271		-	land or interest in land to be taken into trust under 9
272		-	this Act, as well as the assessments under paragraph 10
273		-	(2) to identify the type and quantity of any potential 11
274		-	hazardous substances on the lands; 12
275		-	(2) prior to the acquisition in trust, carry out 13
276		-	an assessment and notify the Secretary of the Inte-14
277		-	rior and the Eastern Band of Cherokee Indians 15
278		-	whether any hazardous substances were stored on 16
279		-	the lands and, if so, whether those substances— 17
280		-	(A) were stored for 1 year or more on the 18
281		-	lands; 19
282		-	(B) were known to have been released on 20
283		-	the lands; or 21
284		-	(C) were known to have been disposed of 22
285		-	on the lands; and 23
286		-	(3) if the assessment under paragraph (2) 24
287		-	shows that hazardous substances were stored, re-25 12
288		-	•HR 548 EH
289		-	leased, or disposed of on the lands, include in its no-1
290		-	tice under paragraph (2) to the Secretary of the In-2
291		-	terior and the Eastern Band of Cherokee Indians— 3
292		-	(A) the type and quantity of such haz-4
293		-	ardous substances; 5
294		-	(B) the time at which such storage, re-6
295		-	lease, or disposal took place on the lands; and 7
296		-	(C) a description of any remedial actions, 8
297		-	if any, taken on the lands. 9
298		-	SEC. 6. LANDS SUBJECT TO THE ACT. 10
299		-	For the purposes of this Act, the term ‘‘lands subject 11
300		-	to this Act’’ means lands and interests in lands (including 12
301		-	easements) taken into trust for the benefit of the Eastern 13
302		-	Band of Cherokee Indians pursuant to or under this Act. 14
303		-	SEC. 7. GAMING PROHIBITION. 15
304		-	No class II or class III gaming, as defined in the In-16
305		-	dian Gaming Regulatory Act (25 U.S.C. 2701 et seq.), 17
306		-	shall be conducted on lands subject to this Act. 18
307		-	Passed the House of Representatives February 6,
308		-	2023.
309		-	Attest:
310		-	Clerk. 118
311		-	TH
312		-	CONGRESS
313		-	1
314		-	ST
315		-	S
316		-	ESSION
317		-
318		-	H. R. 548
319		-	AN ACT
320		-	To take certain Federal lands in Tennessee into
321		-	trust for the benefit of the Eastern Band of
322		-	Cherokee Indians.
	293	+	ONTINUINGRESPONSIBILITIES.—The Tennessee 18
	294	+	Valley Authority shall— 19
	295	+	(1) retain sole and exclusive Federal responsi-20
	296	+	bility and liability to fund and implement any envi-21
	297	+	ronmental remediation requirements that are re-22
	298	+	quired under applicable Federal or State law for any 23
	299	+	land or interest in land to be taken into trust under 24
	300	+	this Act, as well as the assessments under paragraph 25
	301	+	VerDate Sep 11 2014 00:17 Feb 04, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H548.IH H548
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	303	+	•HR 548 IH
	304	+	(2) to identify the type and quantity of any potential 1
	305	+	hazardous substances on the lands; 2
	306	+	(2) prior to the acquisition in trust, carry out 3
	307	+	an assessment and notify the Secretary of the Inte-4
	308	+	rior and the Eastern Band of Cherokee Indians 5
	309	+	whether any hazardous substances were stored on 6
	310	+	the lands and, if so, whether those substances— 7
	311	+	(A) were stored for 1 year or more on the 8
	312	+	lands; 9
	313	+	(B) were known to have been released on 10
	314	+	the lands; or 11
	315	+	(C) were known to have been disposed of 12
	316	+	on the lands; and 13
	317	+	(3) if the assessment under paragraph (2) 14
	318	+	shows that hazardous substances were stored, re-15
	319	+	leased, or disposed of on the lands, include in its no-16
	320	+	tice under paragraph (2) to the Secretary of the In-17
	321	+	terior and the Eastern Band of Cherokee Indians— 18
	322	+	(A) the type and quantity of such haz-19
	323	+	ardous substances; 20
	324	+	(B) the time at which such storage, re-21
	325	+	lease, or disposal took place on the lands; and 22
	326	+	(C) a description of any remedial actions, 23
	327	+	if any, taken on the lands. 24
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	330	+	•HR 548 IH
	331	+	SEC. 6. LANDS SUBJECT TO THE ACT. 1
	332	+	For the purposes of this Act, the term ‘‘lands subject 2
	333	+	to this Act’’ means lands and interests in lands (including 3
	334	+	easements) taken into trust for the benefit of the Eastern 4
	335	+	Band of Cherokee Indians pursuant to or under this Act. 5
	336	+	SEC. 7. GAMING PROHIBITION. 6
	337	+	No class II or class III gaming, as defined in the In-7
	338	+	dian Gaming Regulatory Act (25 U.S.C. 2701 et seq.), 8
	339	+	shall be conducted on lands subject to this Act. 9
	340	+	Æ
	341	+	VerDate Sep 11 2014 00:17 Feb 04, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\H548.IH H548
	342	+	pbinns on DSKJLVW7X2PROD with $$_JOB