Eastern Band of Cherokee Historic Lands Reacquisition Act

Bill Number: H.R. 226
Origin Chamber: House
Congress: 119th Congress, Session 1
Policy Area: Native Americans
Status: Passed House
Latest Action: 2025-02-05: Received in the Senate and Read twice and referred to the Committee on Indian Affairs.
Last Updated: 2026-07-11T03:23:17Z

AI-Generated Summary

Purpose of the Legislation

This Act, titled the "Eastern Band of Cherokee Historic Lands Reacquisition Act," aims to transfer specific federal lands managed by the Tennessee Valley Authority (TVA) in Monroe County, Tennessee, near the Tellico Reservoir into trust by the United States for the benefit of the Eastern Band of Cherokee Indians. The primary goal is to preserve and manage these lands for cultural, historical, and educational purposes related to Cherokee heritage, while ensuring compatibility with TVA's reservoir operations.

Key Provisions

Lands Taken into Trust:
Approximately 76.1 acres above the 820-foot elevation (measured from mean sea level, or MSL) are placed in trust, including:
46.0 acres for the Sequoyah Museum and related parcels.
11.9 acres for support facilities (e.g., classrooms, offices).
18.2 acres for the Chota Memorial (a historic Cherokee capital site) and Tanasi Memorial (another former capital), including a protected 86-foot radius around the Chota Memorial.
Improvements like memorials remain the property of the Eastern Band of Cherokee Indians.
Permanent easements (non-ownership rights to use land) are granted for about 19.9 acres below the 820-foot elevation, including areas for recreational trails connecting memorials.

Administration and Use Restrictions:
Lands are managed under general federal laws for trust lands held for Indian tribes (trust lands are federally protected properties for tribal use, exempt from some state laws).
Primary uses include memorials, museums, cultural interpretation, education, reinterment of ancestral remains (in line with the Native American Graves Protection and Repatriation Act), recreational trails, and Trail of Tears interpretation (a historic route of forced Cherokee relocation).
Support property can include facilities for education, guest housing, and program management.
No Class II or III gaming (high-stakes gambling regulated under the Indian Gaming Regulatory Act) is allowed on these lands.

Conditions and Rights:
TVA can temporarily flood lands and roads below the 824-foot elevation and permanently flood adjacent areas below 815 feet for reservoir management.
The tribe can build limited non-residential facilities (e.g., water access structures) between 815-820 feet elevation with TVA approval, but must not interfere with TVA's river control, hydropower, or flood management duties.
The tribe has rights for access (ingress and egress) via land and water.
TVA retains entry rights for maintenance, environmental work (e.g., dredging, chemical application), and operations, provided it does not unduly disrupt tribal cultural activities.
Any development causing hydropower loss requires compensation to TVA.
The U.S. government is protected from liability for flooding, wave action, or water fluctuations.

Environmental and Mapping Requirements:
TVA must assess for hazardous substances (e.g., pollutants) before transfer, notify the tribe and Secretary of the Interior, and handle all remediation (cleanup) and costs.
TVA, in consultation with the tribe and Interior Secretary, must submit revised maps within one year of transfer to congressional committees, using a specific elevation standard (NGVD29 datum, a historical U.S. mapping reference).

Significant Changes to Existing Law

This Act introduces a targeted transfer of TVA-managed federal lands into trust status specifically for the Eastern Band of Cherokee Indians, which was not previously designated. It modifies TVA's exclusive control over these parcels by granting trust status while preserving TVA's operational authorities (e.g., flooding rights) not explicitly outlined in prior TVA statutes.
It explicitly prohibits gaming, aligning with but adding to the Indian Gaming Regulatory Act by restricting it on these new trust lands.
Environmental duties shift remediation responsibility to TVA, clarifying federal obligations under laws like the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, which governs hazardous waste cleanup).

Potential Impacts

On Government Agencies: The TVA retains significant control over reservoir operations, environmental assessments, and entry rights, potentially increasing coordination costs but avoiding loss of hydropower or flood control functions. The Department of the Interior gains administrative oversight of the trust lands, integrating them into broader federal Indian policy.
On Citizens: Enhances public access to cultural and recreational sites (e.g., trails, museums) for education on Cherokee history, benefiting local communities, tourists, and descendants. Tribal members gain sovereignty over cultural preservation, including repatriation of remains, without broad impacts on non-tribal residents.
On International Relations: No direct impacts, as the Act focuses on domestic tribal-federal relations.

Main Stakeholders Affected

Eastern Band of Cherokee Indians: Primary beneficiary, gaining trust lands for cultural preservation, education, and limited development, strengthening tribal sovereignty.
Tennessee Valley Authority (TVA): Loses full land control but retains operational rights and liabilities for environmental cleanup and reservoir management.
U.S. Department of the Interior (Secretary): Oversees trust administration and receives notifications on hazards and maps.
Local Communities in Monroe County, Tennessee: Potential benefits from tourism and recreation; minimal disruptions due to preserved TVA access and flooding allowances.
Congressional Committees: House Natural Resources and Senate Indian Affairs Committees receive reports, influencing future oversight.

Notable Legal, Constitutional, or Political Implications

Legal: Establishes trust status, which grants tribes limited sovereignty (e.g., exemption from some state taxes and regulations) while subjecting lands to federal Indian law. Conditions balance tribal rights with TVA's statutory mandates under the Tennessee Valley Authority Act of 1933, potentially setting precedents for future land transfers near federal projects.
Constitutional: Reinforces the federal trust responsibility to tribes (a duty rooted in treaties and the Commerce Clause of the U.S. Constitution), supporting cultural preservation without altering property rights of third parties (e.g., existing easements for roads or utilities).
Political: Promotes tribal self-determination and historical reconciliation by reacquiring sites tied to Cherokee capitals and the Trail of Tears, but includes safeguards (e.g., no gaming, TVA veto on structures) to address potential local or federal concerns over land use changes. Passed by the House in 2025 and referred to the Senate Indian Affairs Committee, it reflects bipartisan support for Native American issues.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Fleischmann, Charles J. "Chuck" [R-TN-3]

Recent Actions

2025-02-05: Received in the Senate and Read twice and referred to the Committee on Indian Affairs.
2025-02-04: Motion to reconsider laid on the table Agreed to without objection.
2025-02-04: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H447-448)
2025-02-04: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H447-448)
2025-02-04: DEBATE - The House proceeded with forty minutes of debate on H.R. 226.
2025-02-04: Considered under suspension of the rules. (consideration: CR H447-449)
2025-02-04: Mr. Westerman moved to suspend the rules and pass the bill.
2025-01-07: Referred to the House Committee on Natural Resources.
2025-01-07: Introduced in House
2025-01-07: Introduced in House

Bill Versions

Eastern Band of Cherokee Historic Lands Reacquisition Act — issued 2025-02-04 — PDF (14 pages)
Eastern Band of Cherokee Historic Lands Reacquisition Act — issued 2025-01-07 — PDF (12 pages)
Eastern Band of Cherokee Historic Lands Reacquisition Act — issued 2025-02-05 — PDF (12 pages)