Eastern Band of Cherokee Historic Lands Reacquisition Act
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.
The provisions, in plain language.
Places about 76 acres of federal land along Tellico Reservoir in Monroe County, Tennessee (the Sequoyah Museum site, a support parcel, and the Chota and Tanasi memorial areas) into federal trust for the use and benefit of the Eastern Band of Cherokee Indians.
Confirms that buildings, memorials, and other improvements on the transferred land belong to the Eastern Band of Cherokee Indians.
Places permanent easements over about 20 acres of low-lying federal land (the Chota Memorial 2 area and the Chota-Tanasi Trail) into trust for the benefit of the tribe.
Requires most of the trust land to be used mainly for memorializing and interpreting Cherokee history and culture and for recreation, including the Sequoyah memorial and museum, the Chota and Tanasi capital memorials, a place of reinterment for repatriated remains, and interpretation of the Trail of Tears.
Limits the support parcel to uses backing those programs, such as classrooms, conference rooms, education programs, temporary lodging for program guests, and headquarters offices.
Preserves the Tennessee Valley Authority's authority to manage Tellico Reservoir on and around the land — including drawing down the reservoir, fluctuating water levels, temporarily and permanently flooding lands, entering the land for river-control work, and conducting bank protection and drainage.
Requires the tribe to compensate the TVA for any loss of hydropower capacity caused by future development of the land, unless the TVA agrees otherwise, and shields the United States from liability for flooding, wave action, or water-level changes.
Makes the TVA solely responsible for funding and carrying out any required environmental cleanup of the land, and requires it to assess and disclose any hazardous substances on the land before the transfer.
Prohibits casino-style (Class II and Class III) gaming on the trust land.
Who it helps · who it burdens.
Who it helps
- Eastern Band of Cherokee IndiansGains federal trust title to about 76 acres of historic Cherokee land plus easements over about 20 more acres, with the right to use it for memorials, a museum, cultural and education programs, reinterment of repatriated remains, and recreation.
Who it burdens
- Eastern Band of Cherokee IndiansMust compensate the TVA for any loss of hydropower capacity caused by future development of the land, must allow TVA flooding and river-control operations on it, and is barred from conducting casino-style gaming there.
- Tennessee Valley AuthorityLoses management of the transferred federal land and bears sole responsibility for funding and carrying out any required environmental remediation, plus assessing and disclosing hazardous substances before transfer.
Who backs it
- United States / federal taxpayersThe TVA, a federal entity, bears the cost of environmental remediation and forgoes the transferred land without stated payment.