Technical corrections only. The only change between v2 and v3 is the addition of the Clerk's name, "KEVIN F. MCCUMBER," in the attestation block. There are no substantive policy changes in the bill text.
Eastern Band of Cherokee Historic Lands Reacquisition Act
- Sponsor
- Rep. Fleischmann, Charles J. "Chuck" [R-TN-3]
- Committees
- Indian Affairs Committee (primary)
- Last action
- Sep 23, 2026
Bottom line
The bill transfers culturally significant ancestral lands and easements from federal management to trust status for the Eastern Band of Cherokee Indians, supporting cultural preservation and tribal self-determination while maintaining critical federal operational rights and prohibiting gaming.
What it actually does
This bill directs the United States to take approximately 76.1 acres of specific federal lands and 19.9 acres of permanent easements, currently managed by the Tennessee Valley Authority (TVA) in Monroe County, Tennessee, into trust for the benefit of the Eastern Band of Cherokee Indians. The lands are designated primarily for memorializing and interpreting Cherokee history and culture, as well as for recreational activities and support facilities. Crucially, the bill explicitly prohibits Class II or Class III gaming on these trust lands and preserves certain operational rights for the TVA.
Proponents argue
Proponents argue that this bill is a vital step towards rectifying historical injustices and strengthening tribal sovereignty by returning ancestral lands to the Eastern Band of Cherokee Indians. They contend that placing these lands into trust will enable the Tribe to more effectively preserve, interpret, and manage their cultural heritage, including significant historical sites like the Sequoyah Museum and the Chota and Tanasi Memorials, for the benefit of both tribal members and the public. The bill's specific conditions, including the gaming prohibition and preservation of TVA rights, are seen as a balanced approach that addresses potential concerns while achieving core objectives.
Opponents contend
Opponents, if any, might raise general concerns about the implications of taking additional lands into trust, such as potential impacts on local tax rolls (though these lands are already federal) or jurisdictional complexities. Some may also express reservations about the long-term management of these lands under tribal trust status, despite the bill's explicit conditions and purposes. However, given the bill's focus on cultural preservation, the specific nature of the lands, and the prohibition on gaming, widespread or organized opposition is not anticipated.
The bill is relatively short and clearly written, making it accessible for an informed reader to understand its provisions and implications within a reasonable timeframe.
Section 2
Lands Taken Into Trust for the Eastern Band of Cherokee Indians
This section mandates that approximately 76.1 acres of specific federal lands, currently managed by the Tennessee Valley Authority (TVA) in Monroe County, Tennessee, be held in trust by the United States for the Eastern Band of Cherokee Indians. These lands include the Sequoyah Museum property, a support parcel, and the Chota and Tanasi memorial properties. The transfer is subject to existing rights-of-way and applies to lands on or above the 820-foot (MSL) contour elevation.
Supporters argue
Proponents argue that this provision is fundamental to tribal self-determination and the preservation of Cherokee heritage. Placing these specific lands, which hold deep historical and cultural significance, into trust status is seen as a crucial step in empowering the Eastern Band of Cherokee Indians to manage and protect their ancestral sites directly.
Critics contend
While no specific opposition to this particular land transfer is widely publicized, general arguments against taking land into trust sometimes cite concerns about removing land from local tax rolls or creating jurisdictional complexities. However, these lands are already federal, mitigating some of these common concerns.
Tradeoffs
The provision balances the federal government's role in managing public lands with the imperative to support tribal sovereignty and cultural preservation. It involves a transfer of control while acknowledging existing third-party rights and TVA's ongoing operational needs.
Section 3
Permanent Easements Taken Into Trust
This section declares that permanent easements for approximately 19.9 acres of federal lands in Monroe County, Tennessee, specifically the Chota peninsula and the Chota-Tanasi trail, will be held in trust by the United States for the benefit of the Eastern Band of Cherokee Indians. These easements apply to lands below the 820-foot (MSL) contour elevation, allowing for tribal use and management of these areas, particularly for recreational trails, while accommodating the fluctuating water levels of the Tellico Reservoir.
Section 4
Trust Administration and Purposes
This section outlines how the lands and easements taken into trust will be administered and their designated uses. Except for a specific support parcel, the lands are to be used principally for memorializing and interpreting Indian history and culture, and for recreational activities, including the operation of the Sequoyah birthplace memorial and museum, the Chota and Tanasi memorials, and a place for reinterment of human remains. The support parcel is specifically designated for classrooms, cultural education, temporary housing, and headquarters offices. All lands will be administered under general laws applicable to Indian trust lands, except as specified in the Act.
Section 5
Use Rights and Conditions
This section details the specific conditions and retained rights related to the lands and easements taken into trust. It allows the TVA to temporarily flood lands below the 824-foot (MSL) contour elevation and to fluctuate water levels for reservoir management. The Eastern Band of Cherokee Indians may construct water use facilities and non-habitable structures on certain areas with TVA consent, and has rights of ingress and egress. Crucially, the TVA retains rights for river control, development, and environmental remediation, and the United States is not liable for damages from flooding or wave action. Future development by the Tribe may require compensation to TVA for loss of hydropower capacity.
Section 7
Gaming Prohibition
This section explicitly prohibits Class II or Class III gaming, as defined by the Indian Gaming Regulatory Act, from being conducted on any of the lands or interests in lands taken into trust under this Act. This means that no tribal casinos or other forms of regulated gambling will be permitted on these specific parcels.
All future development of the lands taken into trust under this Act shall be subject to compensation to the Tennessee Valley Authority (TVA) for loss of hydropower capacity, as provided in the Tennessee Valley Authority Flood Control Storage Loss Guideline, unless otherwise agreed to by the TVA.
Section 5(h)
Why it matters:This is standard legislative practice for managing the impacts of land use changes on federal assets and infrastructure. It's a technical detail that ensures the financial integrity of TVA's operations.
Case for: This clause protects the Tennessee Valley Authority's ability to generate hydropower and ensures that any future tribal development that impacts this capacity is appropriately compensated. This prevents unforeseen costs to federal operations and ultimately to taxpayers.
Case against: Critics might argue that this provision places a potential future financial burden on the Eastern Band of Cherokee Indians, which could complicate or deter future development plans on their own trust lands. It introduces an additional layer of cost and negotiation for the Tribe.
Estimated impact: The financial impact is currently unquantified but represents a potential future cost to the Eastern Band of Cherokee Indians if they undertake development that affects TVA's hydropower capacity. It ensures TVA's revenue streams are protected.
The Tennessee Valley Authority (TVA) shall retain sole and exclusive Federal responsibility and liability to fund and implement any environmental remediation requirements for the lands taken into trust, as well as to carry out assessments for hazardous substances prior to acquisition. If hazardous substances are found, TVA must notify the Secretary of the Interior and the Eastern Band of Cherokee Indians, detailing the type, quantity, time of storage/release/disposal, and any remedial actions taken.
Section 5(j)
Why it matters:This is standard legislative practice to clearly define environmental liabilities when federal lands are transferred, ensuring that the receiving entity (the Tribe) is not burdened with pre-existing environmental issues. It's a critical protection for the Tribe.
Case for: This provision offers significant protection to the Eastern Band of Cherokee Indians by ensuring they do not inherit environmental liabilities or remediation costs for any hazardous substances present on the lands prior to the trust acquisition. It places the responsibility squarely on the TVA, which managed the lands previously.
Case against: There is no strong case against this provision. It clarifies responsibility and protects the Tribe, which is generally seen as a positive and necessary aspect of land transfers.
Estimated impact: This provision provides substantial financial and legal protection to the Eastern Band of Cherokee Indians, potentially saving them from significant remediation costs. It ensures environmental due diligence is performed by the transferring agency.