H.R.226 - Eastern Band of Cherokee Historic Lands Reacquisition Act (119th Congress)
Summary
H.R. 226, the Eastern Band of Cherokee Historic Lands Reacquisition Act, directs the Federal government to take specific lands in Tennessee into trust for the benefit of the Eastern Band of Cherokee Indians. These lands, managed by the Tennessee Valley Authority (TVA) and located on the shores of Tellico Reservoir, include the Sequoyah Museum property, support property, and Chota and Tanasi memorial properties. The Act also establishes permanent easements for certain lands below the 820-foot contour elevation.
Expected Effects
The bill aims to facilitate the use of these lands for memorializing and interpreting Cherokee history and culture, as well as for recreational activities. It also outlines specific conditions for the use of the land, including the TVA's right to temporarily flood certain areas and the Eastern Band of Cherokee Indians' responsibilities regarding environmental remediation and potential loss of hydropower capacity. The Act explicitly prohibits gaming on these lands.
Potential Benefits
- Preservation of Cultural Heritage: The Act supports the preservation and interpretation of Cherokee history and culture by transferring land into trust.
- Economic Development: The Act could stimulate tourism and related economic activities in the region.
- Tribal Sovereignty: Placing the land in trust strengthens the Eastern Band of Cherokee Indians' sovereignty and control over their historical lands.
- Recreational Opportunities: The Act promotes recreational activities related to Cherokee history and culture.
- Environmental Remediation: The TVA retains responsibility for environmental remediation, ensuring the land is safe for use.
Potential Disadvantages
- Potential Land Use Restrictions: The TVA retains certain rights, such as the ability to flood the land, which could limit the tribe's use of the property.
- Hydropower Capacity Loss: Future development is subject to compensation to the TVA for potential loss of hydropower capacity.
- Federal Liability: The United States is not liable for damages resulting from flooding or water level fluctuations.
- Administrative Burden: The transfer of land and the creation of easements may involve administrative complexities and costs.
- Limited Economic Activities: The prohibition of gaming restricts potential economic development opportunities for the tribe.
Constitutional Alignment
The Act appears to align with the federal government's trust responsibility to Native American tribes, which has been recognized through treaties and court decisions. While the Constitution does not explicitly mention Native American affairs, Article I, Section 8 grants Congress the power to regulate commerce with Indian tribes. This power has been interpreted to allow Congress to enact legislation concerning tribal lands and resources. The Act does not appear to infringe upon any specific constitutional rights or limitations.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).