H.R. 548House118th Congress (2023-2025)Passed House

Eastern Band of Cherokee Historic Lands Reacquisition Act

Introduced January 26, 2023

AI-Generated Summary

Updated January 20, 2026 at 2:38 AM UTC

The Eastern Band of Cherokee Historic Lands Reacquisition Act places specific federal lands managed by the Tennessee Valley Authority in Monroe County, Tennessee, into trust for the Eastern Band of Cherokee Indians. The lands will be used to preserve Cherokee historic sites, support cultural and educational programs, and provide recreational trails, while prohibiting casino gaming. The bill also sets conditions for flooding, construction, and coordination with the TVA.

Key Provisions

  • Designates about 46 acres of the Sequoyah Museum property, 11.9 acres of support land, and 18.2 acres of Chota and Tanasi memorial sites to be held in trust for the tribe.
  • Creates permanent easements for roughly 8.5 acres on the Chota peninsula and 11.4 acres for the Chota‑Tanasi trail, also held in trust.
  • Specifies that the trust lands are to be used mainly for Cherokee historic memorials, a museum, Trail of Tears interpretation, and related cultural, educational, and recreational activities; the support parcel may house classrooms, offices, and temporary guest housing.
  • Allows the tribe to build water‑use facilities and non‑habitable structures in limited areas with written TVA consent, while the TVA retains rights to flood lands below certain elevations and manage the reservoir.
  • Requires the TVA, after consulting the tribe and the Interior Secretary, to submit updated maps within one year of any land transaction and to conduct hazardous‑substance assessments before the trust transfer.
  • Prohibits any Class II or Class III gaming on the lands placed in trust.

Legislative Activity

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8 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Indian Affairs.

February 7, 2023

View full timeline
HouseIntro Referral

Introduced in House

January 26, 2023

HouseIntro Referral

Referred to the House Committee on Natural Resources.

January 26, 2023

HouseFloor

Mr. Westerman moved to suspend the rules and pass the bill.

February 6, 2023 • 5:01 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H689-692)

February 6, 2023 • 5:01 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 548.

February 6, 2023 • 5:01 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H689-691)

February 6, 2023 • 5:12 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H689-691)

February 6, 2023 • 5:12 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

February 6, 2023 • 5:13 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Indian Affairs.

February 7, 2023

Floor Debate

22 members

What members said about H.R. 548 on the floor

14 Republicans8 Democrats
Lauren Boebert
Rep. Lauren BoebertR-CO-3 · Jul 23, 2024

Madam Chair, I have an amendment at the desk. Madam Chair, I rise to offer my amendment that utilizes the Holman rule to reduce the salary of EPA Administrator Michael Regan to $1. On his watch,…

Chellie Pingree
Rep. Chellie PingreeD-ME-1 · Jul 23, 2024

Madam Chair, I yield myself such time as I may consume. Madam Chair, first, I thank the chair of this committee. I appreciate the chance to work with him. We have a good working relationship, and I…

Michael K. Simpson
Rep. Michael K. SimpsonR-ID-2 · Jul 23, 2024

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on H.R. 8998 and that I may include tabular…

Betty McCollum
Rep. Betty McCollumD-MN-4 · Jul 23, 2024

Madam Chair, I thank Ranking Member Pingree for the time, and I thank Chairman Simpson and the staff on both sides of the aisle for their work on the subcommittee, especially the work that they did…

Josh Brecheen
Rep. Josh BrecheenR-OK-2 · Jul 23, 2024

Mr. Chair, I have an amendment at the desk. Mr. Chair, this amendment prohibits the IHS, Indian Health Services, from providing sex change surgeries at their hospitals, clinics, or reimbursing…

Show 8 more
Jodey C. Arrington
Rep. Jodey C. ArringtonR-TX-19 · Jul 23, 2024

Madam Chair, I have an amendment at the desk. Madam Chair, let me start by saying the critical habitat that I am concerned most about is rural America, the backbone of this country, the breadbasket,…

Rosa L. DeLauro
Rep. Rosa L. DeLauroD-CT-3 · Jul 23, 2024

Madam Chair, my appreciation goes to Chairman Simpson and Ranking Member Pingree and to the Interior, Environment, and Related Agencies Subcommittee staff for their hard work on this bill, especially…

Cliff Bentz
Rep. Cliff BentzR-OR-2 · Jul 23, 2024

Madam Chair, I have an amendment at the desk. Madam Chair, this amendment would prohibit the Department of the Interior from using appropriated funds for any purpose having to do with establishing…

H. Morgan Griffith
Rep. H. Morgan GriffithR-VA-9 · Jul 23, 2024

Mr. Chair, I have an amendment at the desk. Mr. Chairman, the Abandoned Mine Land Economic Revitalization Program was created by Hal Rogers a few years ago. It has already borne promising fruit,…

Kat Cammack
Rep. Kat CammackR-FL-3 · Jul 23, 2024

Mr. Chair, I have an amendment at the desk. Mr. Chair, I rise today in support of my amendment, which would restrict taxpayer funds from being used to finalize any rule or regulation that has…

Bruce Westerman
Rep. Bruce WestermanR-AR-4 · Feb 6, 2023

Madam Speaker, I move to suspend the rules and pass the bill (H.R. 548) to take certain Federal lands in Tennessee into trust for the benefit of the Eastern Band of Cherokee Indians. Madam Speaker, I…

Stephanie I. Bice
Rep. Stephanie I. BiceR-OK-5 · Jul 23, 2024

Madam Chair, I have an amendment at the desk. Madam Chair, I rise in strong support of my amendment, which would prohibit the use of any Federal funds or resources from being used to host drag shows…

Harriet M. Hageman
Rep. Harriet M. HagemanR-WY · Jul 23, 2024

Mr. Chair, I have an amendment at the desk. Mr. Chairman, I rise in support of my amendment No. 41 to H.R. 8998, which prevents the Bureau of Land Management from finalizing, implementing,…

Show 9 more
Timothy M. Kennedy
Rep. Timothy M. KennedyD-NY-26 · Jul 23, 2024

Madam Chair, clean water is a human right. For decades in this country, we have allowed our water infrastructure to fall into disrepair, putting public health and the health of our environments into…

Teresa Leger Fernandez
Rep. Teresa Leger FernandezD-NM-3 · Feb 6, 2023

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I would first like to start by thanking the chairman of the Committee on Natural Resources as well as the sponsor of the bill…

Charles J. "Chuck" Fleischmann

Madam Speaker, I rise today in support of my bill, H.R. 548, the Eastern Band of Cherokee Historic Lands Requisition Act. I thank the chair and the distinguished ranking member both for their very…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Feb 6, 2023

Madam Speaker, I rise today in support to H.R. 548 the Eastern Band of Cherokee Historic Lands Reacquisition Act. H.R. 548 aims to take certain Federal lands in Tennessee into trust for the benefit…

John S. Duarte
Rep. John S. DuarteR-CA-13 · Jul 23, 2024

Madam Chair, under the Clean Water Act, the EPA or States with delegated authority regulate point sources of pollution into the waters of the United States. Point source pollution is pollution from…

Tom Cole
Rep. Tom ColeR-OK-4 · Jul 23, 2024

Madam Chair, the United States boasts many natural wonders and resources, and the bill before us broadly supports our Nation's rich natural and cultural heritage. The basis of this year's Interior…

Dina Titus
Rep. Dina TitusD-NV-1 · Jul 23, 2024

Madam Chair, I thank the gentlewoman for yielding me this time. Madam Chair, I rise today in support of amendment No. 94 which would direct BLM to use additional resources on reversible fertility…

Cori Bush
Rep. Cori BushD-MO-1 · Jul 23, 2024

Mr. Chair, I was not present during today's first, second, or third vote series. Had I been present, I would have voted: NAY on Roll Call No. 359, NAY on Roll Call No. 360, YEA on Roll Call No. 361,…

David Rouzer
Rep. David RouzerR-NC-7 · Jul 23, 2024

Mr. Chair, on Roll Call No. 384, I mistakenly voted Noe when I intended to vote Aye. Amendment No. 20 Offered by Ms. Boebert

Bill Text

3 versions available

Reading Mode
Latest
Referred in SenateIssued February 7, 2023

IIB

118th CONGRESS

1st Session

H. R. 548

IN THE SENATE OF THE UNITED STATES

February 7, 2023

Received; read twice and referred to the Committee on Indian Affairs

AN ACT

To take certain Federal lands in Tennessee into trust for the benefit of the Eastern Band of Cherokee Indians.


1.

Short title

This Act may be cited as the Eastern Band of Cherokee Historic Lands Reacquisition Act.

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.

3.

Permanent easements taken into trust for the Eastern Band of Cherokee Indians

(a)

Permanent easements

The following permanent easements for land below the 820-foot (MSL) contour elevation for the following Federal lands in Monroe County, Tennessee, on the shores of Tellico Reservoir, are declared to be held in trust by the United States for the benefit of the Eastern Band of Cherokee Indians:

(1)

Chota Peninsula

Approximately 8.5 acres of land generally depicted as Chota Memorial 2 on the map titled Eastern Band of Cherokee Historic Lands Reacquisition Map 3 and dated April 30, 2015.

(2)

Chota-Tanasi Trail

Approximately 11.4 acres of land generally depicted as Chota-Tanasi Trail on the map titled Eastern Band of Cherokee Historic Lands Reacquisition Map 3 and dated April 30, 2015.

(b)

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 to the Committee on Natural Resources of the House of Representatives and the Committee on Indian Affairs of the Senate revised maps that depict the lands subject to easements taken into trust under this section, including any corrections necessary to the maps described in this section.

(c)

Conditions

The lands subject to easements taken into trust under this section shall be subject to the use rights and conditions described in section 5.

4.

Trust administration and purposes

(a)

Applicable laws

Except as described in section 5, the lands subject to this Act shall be administered under the laws and regulations generally applicable to lands and interests in lands held in trust on behalf of Indian tribes.

(b)

Use of land

Except the lands described in section 2(a)(2), the lands subject to this Act shall be used principally for memorializing and interpreting the history and culture of Indians and recreational activities, including management, operation, and conduct of programs of and for—

(1)

the Sequoyah birthplace memorial and museum;

(2)

the memorials to Chota and Tanasi as former capitals of the Cherokees;

(3)

the memorial and place of reinterment for remains of the Eastern Band of Cherokee Indians and other Cherokee tribes, including those transferred to the Eastern Band of Cherokee Indians and other Cherokee tribes and those human remains and cultural items transferred by the Tennessee Valley Authority to those Cherokee tribes under the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); and

(4)

interpreting the Trail of Tears National Historic Trail.

(c)

Use of support property

The land described in section 2(a)(2) shall be used principally for the support of lands subject to this Act and the programs offered by the Tribe relating to such lands and their purposes including—

(1)

classrooms and conference rooms;

(2)

cultural interpretation and education programs;

(3)

temporary housing of guests participating in such programs or the management of the properties and programs; and

(4)

headquarters offices and support space for the trust properties and programs.

(d)

Land use

The principal purposes of the use of the land described in section 3(a)—

(1)

paragraph (1), shall be for a recreational trail from the general vicinity of the parking lot to the area of the Chota Memorial and beyond to the southern portion of the peninsula, including interpretive signs, benches, and other compatible improvements; and

(2)

paragraph (2), shall be for a recreational trail between the Chota and Tanasi Memorials, including interpretive signs, benches, and other compatible improvements.

5.

Use rights, conditions

(a)

Flooding of land and roads

The Tennessee Valley Authority may temporarily and intermittently flood the lands subject to this Act that lie below the 824-foot (MSL) contour elevation and the road access to such lands that lie below the 824-foot (MSL) contour elevation.

(b)

Facilities and structures

The Eastern Band of Cherokee Indians may construct, own, operate, and maintain—

(1)

water use facilities and nonhabitable structures, facilities, and improvements not subject to serious damage if temporarily flooded on the land adjoining the Tellico Reservoir side of the lands subject to this Act that lie between the 815-foot and 820-foot (MSL) contour elevations, but only after having received written consent from the Tennessee Valley Authority and subject to the terms of such approval; and

(2)

water use facilities between the 815-foot (MSL) contour elevations on the Tellico Reservoir side of the lands subject to this Act and the adjacent waters of Tellico Reservoir and in and on such waters after having received written consent from the Tennessee Valley Authority and subject to the terms of such approval, but may not construct, own, operate, or maintain other nonhabitable structures, facilities, and improvements on such lands.

(c)

Ingress and egress

The Eastern Band of Cherokee Indians may use the lands subject to this Act and Tellico Reservoir for ingress and egress to and from such land and the waters of the Tellico Reservoir and to and from all structures, facilities, and improvements maintained in, on, or over such land or waters.

(d)

River control and development

The use rights under this section may not be exercised so as to interfere in any way with the Tennessee Valley Authority’s statutory program for river control and development.

(e)

TVA authorities

Nothing in this Act shall be construed to affect the right of the Tennessee Valley Authority to—

(1)

draw down Tellico Reservoir;

(2)

fluctuate the water level thereof as may be necessary for its management of the Reservoir; or

(3)

permanently flood lands adjacent to lands subject to this Act that lie below the 815-foot (MSL) contour elevation.

(f)

Right of entry

The lands subject to this Act shall be subject to a reasonable right of entry by the personnel of the Tennessee Valley Authority and agents of the Tennessee Valley Authority operating in their official capacities as necessary for purposes of carrying out the Tennessee Valley Authority’s statutory program for river control and development.

(g)

Entry onto land

To the extent that the Tennessee Valley Authority’s operations on the lands subject to this Act do not unreasonably interfere with the Eastern Band of Cherokee Indians’ maintenance of an appropriate setting for the memorialization of Cherokee history or culture on the lands and its operations on the lands, the Eastern Band of Cherokee Indians shall allow the Tennessee Valley Authority to enter the lands to clear, ditch, dredge, and drain said lands and apply larvicides and chemicals thereon or to conduct bank protection work and erect structures necessary in the promotion and furtherance of public health, flood control, and navigation.

(h)

Loss of hydropower capacity

All future development of the lands subject to this Act shall be subject to compensation to the Tennessee Valley Authority for loss of hydropower capacity as provided in the Tennessee Valley Authority Flood Control Storage Loss Guideline, unless agreed to otherwise by the Tennessee Valley Authority.

(i)

Protection from liability

The United States shall not be liable for any loss or damage resulting from—

(1)

the temporary and intermittent flooding of lands subject to this Act;

(2)

the permanent flooding of adjacent lands as provided in this section;

(3)

wave action in Tellico Reservoir; or

(4)

fluctuation of water levels for purposes of managing Tellico Reservoir.

(j)

Continuing responsibilities

The Tennessee Valley Authority shall—

(1)

retain sole and exclusive Federal responsibility and liability to fund and implement any environmental remediation requirements that are required under applicable Federal or State law for any land or interest in land to be taken into trust under this Act, as well as the assessments under paragraph (2) to identify the type and quantity of any potential hazardous substances on the lands;

(2)

prior to the acquisition in trust, carry out an assessment and notify the Secretary of the Interior and the Eastern Band of Cherokee Indians whether any hazardous substances were stored on the lands and, if so, whether those substances—

(A)

were stored for 1 year or more on the lands;

(B)

were known to have been released on the lands; or

(C)

were known to have been disposed of on the lands; and

(3)

if the assessment under paragraph (2) shows that hazardous substances were stored, released, or disposed of on the lands, include in its notice under paragraph (2) to the Secretary of the Interior and the Eastern Band of Cherokee Indians—

(A)

the type and quantity of such hazardous substances;

(B)

the time at which such storage, release, or disposal took place on the lands; and

(C)

a description of any remedial actions, if any, taken on the lands.

6.

Lands Subject to the Act

For the purposes of this Act, the term lands subject to this Act means 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.

7.

Gaming Prohibition

No class II or class III gaming, as defined in the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.), shall be conducted on lands subject to this Act.

Passed the House of Representatives February 6, 2023.

Cheryl L. Johnson,

Clerk.