HR-226-119
Received in the Senate and Read twice and referred to the Committee on Indian Affairs.
Sponsored by Charles Fleischmann (R-TN)
What it does
This bill would take about 76 acres of federal land managed by the Tennessee Valley Authority near Tellico Reservoir in Monroe County, Tennessee into trust for the Eastern Band of Cherokee Indians, along with permanent easements on adjacent land below the reservoir's normal contour line. The land would be used for cultural memorials, museums, education programs, and recreational trails, subject to TVA's continuing authority over flooding, river control, and hydropower operations, and gaming would be prohibited on all lands covered by the Act.
Who benefits
The Eastern Band of Cherokee Indians, who would regain trust ownership of historically significant sites including the Sequoyah birthplace, Chota and Tanasi memorials, and the Trail of Tears interpretive area, and who would gain space for cultural education, housing, and administrative programs. Visitors and researchers interested in Cherokee history may also benefit from expanded memorial and interpretive access.
Who is hurt
No group bears a significant direct cost; the Tennessee Valley Authority retains river control, flooding, and hydropower authority and is shielded from liability for flooding-related damage, so its operations are largely unaffected. Any third parties holding rights-of-way or easements on the land would need to continue coordinating with the new trustee, and TVA would bear the administrative and remediation costs of environmental assessments before transfer.
Supporters argue
Supporters argue this bill returns historically and culturally significant ancestral lands—including former Cherokee capitals and burial sites—to the Eastern Band of Cherokee Indians, correcting a displacement caused by the 1979 completion of the Tellico Dam, which flooded much of the tribe's homeland. They contend the transfer preserves and interprets Cherokee history, including the Trail of Tears, while including safeguards that protect TVA's flood control and hydropower operations.
Opponents argue
Opponents might argue that transferring federal land into trust removes it from state and local tax rolls and regulatory jurisdiction, which could affect Monroe County's tax base and future land-use planning near the reservoir. They may also contend that the detailed conditions on flooding, easements, and TVA access could create long-term friction or ambiguity over operational authority that later requires further legislative or judicial clarification.
Constitutional context
Congress has broad authority under the Property Clause (Article IV, Section 3) to dispose of and manage federal land, and its plenary authority over Indian affairs under Article I, Section 8 supports taking land into trust for tribal benefit; this bill raises no active constitutional dispute beyond those well-established powers.
Checks and balances
Congress directs the land transfer by statute, the Department of the Interior and TVA administer implementation and reporting requirements, and courts would resolve any disputes over easement rights or trust administration.
Historical precedent
Congress has periodically enacted similar tribal land-into-trust bills for specific tribes, such as those restoring lands affected by federal dam or reservoir projects, though this exact transaction is unique to the Tellico Reservoir area.