#aafth ,,congress #ast ,session ,h4 ,r4 #dec ,,an ,,act ,to take certain ,federal lands in ,tennessee into trust for the benefit of the ,eastern ,band of ,cherokee ,indians1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,eastern ,band of ,cherokee ,historic ,lands ,reacquisition ,act4 #b4 ,land taken into trust for the ,eastern ,band of ,cherokee ,indians 7a7 ,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 roads1 utilities1 or other purposes1 the following ,federal lands managed by the ,tennessee ,valley ,authority and located on or above the #hbj-;foot 7,,msl7 contour elevation in ,monroe ,county1 ,tennessee1 on the shores of ,tellico ,reservoir1 are declared to be held in trust by the ,united ,states for the use and benefit of the ,eastern ,band of ,cherokee ,indians3 7#a7 ,sequoyah ,museum ,property ,approximately #df4j acres of land generally depicted as ,sequoyah ,museum1 ,parcel #a1 and ,parcel #b on the map titled ,eastern ,band of ,cherokee ,historic ,lands ,reacquisition ,map #a and dated ,april #cj1 #bjae4 7#b7 ,support ,property ,approximately #aa4i acres of land generally depicted as ,support ,parcel on the map titled ,eastern ,band of ,cherokee ,historic ,lands ,reacquisition ,map #b and dated ,april #cj1 #bjae4 7#c7 ,chota ,memorial ,property and ,tanasi ,memorial ,property ,approximately #ah4b acres of land generally depicted as ,chota ,memorial #a and ,tanasi ,memorial on the map titled ,eastern ,band of ,cherokee ,historic ,lands ,reacquisition ,map #c and dated ,april #cj1 #bjae1 and including the ,chota ,memorial and all land within a circle with a radius of #hf feet measured from the center of the ,chota ,memorial without regard to the elevation of the land within the circle4 7b7 ,property on lands ,in addition to the land taken into trust by subsection 7a71 the improvements on and appurtenances thereto1 including memorials1 are and shall remain the property of the ,eastern ,band of ,cherokee ,indians4 7c7 ,revised ,maps ,not later than #a year after the date of a land transaction made pursuant to this section1 the ,tennessee ,valley ,authority1 after consultation with the ,eastern ,band of ,cherokee ,indians and the ,secretary of the ,interior1 shall submit revised maps that depict the land taken into trust under this section1 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 ,senate4 7d7 ,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 #aicf 7,,ngvd#bi74 7e7 ,conditions ,the lands taken into trust under this section shall be subject to the conditions described in section #e4 #c4 ,permanent easements taken into trust for the ,eastern ,band of ,cherokee ,indians 7a7 ,permanent easements ,the following permanent easements for land below the #hbj-;foot 7,,msl7 contour elevation for the following ,federal lands in ,monroe ,county1 ,tennessee1 on the shores of ,tellico ,reservoir1 are declared to be held in trust by the ,united ,states for the benefit of the ,eastern ,band of ,cherokee ,indians3 7#a7 ,chota ,peninsula ,approximately #h4e acres of land generally depicted as ,chota ,memorial #b on the map titled ,eastern ,band of ,cherokee ,historic ,lands ,reacquisition ,map #c and dated ,april #cj1 #bjae4 7#b7 ,chota-,tanasi ,trail ,approximately #aa4d acres of land generally depicted as ,chota-,tanasi ,trail on the map titled ,eastern ,band of ,cherokee ,historic ,lands ,reacquisition ,map #c and dated ,april #cj1 #bjae4 7b7 ,revised ,maps ,not later than #a year after the date of a land transaction made pursuant to this section1 the ,tennessee ,valley ,authority1 after consultation with the ,eastern ,band of ,cherokee ,indians and the ,secretary of the ,interior1 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 section1 including any corrections necessary to the maps described in this section4 7c7 ,conditions ,the lands subject to easements taken into trust under this section shall be subject to the use rights and conditions described in section #e4 #d4 ,trust administration and purposes 7a7 ,applicable laws ,except as described in section #e1 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 tribes4 7b7 ,use of land ,except the lands described in section #b7;a77#b71 the lands subject to this ,act shall be used principally for memorializing and interpreting the history and culture of ,indians and recreational activities1 including management1 operation1 and conduct of programs of and for-- 7#a7 the ,sequoyah birthplace memorial and museum2 7#b7 the memorials to ,chota and ,tanasi as former capitals of the ,cherokees2 7#c7 the memorial and place of reinterment for remains of the ,eastern ,band of ,cherokee ,indians and other ,cherokee tribes1 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 7#be ,u4,s4,c4 #cjja et seq472 and 7#d7 interpreting the ,trail of ,tears ,national ,historic ,trail4 7c7 ,use of support property ,the land described in section #b7;a77#b7 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-- 7#a7 classrooms and conference rooms2 7#b7 cultural interpretation and education programs2 7#c7 temporary housing of guests participating in such programs or the management of the properties and programs2 and 7#d7 headquarters offices and support space for the trust properties and programs4 7d7 ,land use ,the principal purposes of the use of the land described in section #c7;a7-- 7#a7 paragraph 7#a71 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 peninsula1 including interpretive signs1 benches1 and other compatible improvements2 and 7#b7 paragraph 7#b71 shall be for a recreational trail between the ,chota and ,tanasi ,memorials1 including interpretive signs1 benches1 and other compatible improvements4 #e4 ,use rights1 conditions 7a7 ,flooding of land and roads ,the ,tennessee ,valley ,authority may temporarily and intermittently flood the lands subject to this ,act that lie below the #hbd-;foot 7,,msl7 contour elevation and the road access to such lands that lie below the #hbd-;foot 7,,msl7 contour elevation4 7b7 ,facilities and structures ,the ,eastern ,band of ,cherokee ,indians may construct1 own1 operate1 and maintain-- 7#a7 water use facilities and nonhabitable structures1 facilities1 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 #hae-;foot and #hbj-;foot 7,,msl7 contour elevations1 but only after having received written consent from the ,tennessee ,valley ,authority and subject to the terms of such approval2 and 7#b7 water use facilities between the #hae-;foot 7,,msl7 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 approval1 but may not construct1 own1 operate1 or maintain other nonhabitable structures1 facilities1 and improvements on such lands4 7c7 ,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 structures1 facilities1 and improvements maintained in1 on1 or over such land or waters4 7d7 ,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 development4 7e7 ,,tva authorities ,nothing in this ,act shall be construed to affect the right of the ,tennessee ,valley ,authority to-- 7#a7 draw down ,tellico ,reservoir2 7#b7 fluctuate the water level thereof as may be necessary for its management of the ,reservoir2 or 7#c7 permanently flood lands adjacent to lands subject to this ,act that lie below the #hae-;foot 7,,msl7 contour elevation4 7f7 ,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 development4 7g7 ,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 lands1 the ,eastern ,band of ,cherokee ,indians shall allow the ,tennessee ,valley ,authority to enter the lands to clear1 ditch1 dredge1 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 health1 flood control1 and navigation4 7h7 ,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 ,guideline1 unless agreed to otherwise by the ,tennessee ,valley ,authority4 7i7 ,protection from liability ,the ,united ,states shall not be liable for any loss or damage resulting from-- 7#a7 the temporary and intermittent flooding of lands subject to this ,act2 7#b7 the permanent flooding of adjacent lands as provided in this section2 7#c7 wave action in ,tellico ,reservoir2 or 7#d7 fluctuation of water levels for purposes of managing ,tellico ,reservoir4 7j7 ,continuing responsibilities ,the ,tennessee ,valley ,authority shall-- 7#a7 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 ,act1 as well as the assessments under paragraph 7#b7 to identify the type and quantity of any potential hazardous substances on the lands2 7#b7 prior to the acquisition in trust1 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 and1 if so1 whether those substances-- 7,a7 were stored for #a year or more on the lands2 7,b7 were known to have been released on the lands2 or 7,c7 were known to have been disposed of on the lands2 and 7#c7 if the assessment under paragraph 7#b7 shows that hazardous substances were stored1 released1 or disposed of on the lands1 include in its notice under paragraph 7#b7 to the ,secretary of the ,interior and the ,eastern ,band of ,cherokee ,indians-- 7,a7 the type and quantity of such hazardous substances2 7,b7 the time at which such storage1 release1 or disposal took place on the lands2 and 7,c7 a description of any remedial actions1 if any1 taken on the lands4 #f4 ,lands ,subject to the ,act ,for the purposes of this ,act1 the term lands subject to this ,act means lands and interests in lands 7including easements7 taken into trust for the benefit of the ,eastern ,band of ,cherokee ,indians pursuant to or under this ,act4 #g4 ,gaming ,prohibition ,no class ,,ii or class ,,iii gaming1 as defined in the ,indian ,gaming ,regulatory ,act 7#be ,u4,s4,c4 #bgja et seq471 shall be conducted on lands subject to this ,act4 #h4 ,determination of budgetary effects ,the budgetary effects of this ,act1 for the purpose of complying with the ,statutory ,pay-,as-,you-,go ,act of #bjaj1 shall be determined by reference to the latest statement titled ,budgetary ,effects of ,,paygo ,legislation for this ,act1 submitted for printing in the ,congressional ,record by the ,chairman of the ,house ,budget ,committee1 provided that such statement has been submitted prior to the vote on passage4 ,passed the ,house of ,representatives ,december #af1 #bjai4;,clerk4