[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5322 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5322

To provide to the Timbisha Shoshone Tribe a permanent land base within 
            its aboriginal homeland, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 27, 2000

   Mr. Lewis of California (for himself, Mrs. Bono, and Mr. Calvert) 
 introduced the following bill; which was referred to the Committee on 
                               Resources

_______________________________________________________________________

                                 A BILL


 
To provide to the Timbisha Shoshone Tribe a permanent land base within 
            its aboriginal homeland, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Timbisha Shoshone Homeland Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Since time immemorial, the Timbisha Shoshone Tribe has 
        lived in portions of California and Nevada. The Tribe's 
        ancestral homeland includes the area that now comprises Death 
        Valley National Park and other areas of California and Nevada 
        now administered by the Bureau of Land Management.
            (2) Since 1936, the Tribe has lived and governed the 
        affairs of the Tribe on approximately 40 acres of land near 
        Furnace Creek in the Park.
            (3) The Tribe achieved Federal recognition in 1983 but does 
        not have a land base within the Tribe's ancestral homeland.
            (4) Since the Tribe commenced use and occupancy of the 
        Furnace Creek area, the Tribe's membership has grown. Tribal 
        members have a desire and need for housing, government and 
        administrative facilities, cultural facilities, and sustainable 
        economic development to provide decent, safe, and healthy 
        conditions for themselves and their families.
            (5) The interests of both the Tribe and the National Park 
        Service would be enhanced by recognizing their coexistence on 
        the same land and by establishing partnerships for compatible 
        land uses and for the interpretation of the Tribe's history and 
        culture for visitors to the Park.
            (6) The interests of both the Tribe and the United States 
        would be enhanced by the establishment of a land base for the 
        Tribe and by further delineation of the rights and obligations 
        of each with respect to the Furnace Creek area and to the Park 
        as a whole.

SEC. 3. PURPOSES.

    Consistent with the recommendations of the report required by 
section 705(b) of the California Desert Protection Act of 1994 (Public 
Law 103-433; 108 Stat. 4498), the purposes of this Act are--
            (1) to provide in trust to the Tribe land on which the 
        Tribe can live permanently and govern the Tribe's affairs in a 
        modern community within the ancestral homeland of the Tribe 
        outside and within the Park;
            (2) to formally recognize the contributions by the Tribe to 
        the history, culture, and ecology of the Park and surrounding 
        area;
            (3) to ensure that the resources within the Park are 
        protected and enhanced by--
                    (A) cooperative activities within the Tribe's 
                ancestral homeland; and
                    (B) partnerships between the Tribe and the National 
                Park Service and partnerships involving the Bureau of 
                Land Management;
            (4) to ensure that such activities are not in derogation of 
        the purposes and values for which the Park was established;
            (5) to provide opportunities for a richer visitor 
        experience at the Park through direct interactions between 
        visitors and the Tribe including guided tours, interpretation, 
        and the establishment of a tribal museum and cultural center;
            (6) to provide appropriate opportunities for economically 
        viable and ecologically sustainable visitor-related 
        development, by the Tribe within the Park, that is not in 
        derogation of the purposes and values for which the Park was 
        established; and
            (7) to provide trust lands for the Tribe in 4 separate 
        parcels of land that is now managed by the Bureau of Land 
        Management and authorize the purchase of 2 parcels now held in 
        private ownership to be taken into trust for the Tribe.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Park.--The term ``Park'' means Death Valley National 
        Park, including any additions to that Park.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior or the designee of the Secretary.
            (3) Tribal.--The term ``tribal'' means of or pertaining to 
        the Tribe.
            (4) Tribe.--The term ``Tribe'' means the Timbisha Shoshone 
        Tribe, a tribe of American Indians recognized by the United 
        States pursuant to part 83 of title 25, Code of Federal 
        Regulations (or any corresponding similar regulation or 
        ruling).
            (5) Trust lands.--The term ``trust lands'' means those 
        lands taken into trust pursuant to this Act.

SEC. 5. TRIBAL RIGHTS AND AUTHORITY ON THE TIMBISHA SHOSHONE HOMELAND.

    (a) In General.--Subject to valid existing rights (existing on the 
date of enactment of this Act), all right, title, and interest of the 
United States in and to the property, including improvements and 
appurtenances, described in subsection (b) are declared to be held in 
trust by the United States for the benefit of the Tribe. All maps 
referred to in subsection (b) shall be on file and available for public 
inspection in the appropriate offices of the National Park Service and 
the Bureau of Land Management.
    (b) Park Lands and Bureau of Land Management Lands Described.--
            (1) In general.--The following lands and water shall be 
        held in trust for the Tribe pursuant to subsection (a):
                    (A) Furnace Creek, Death Valley National Park, 
                California, an area of 313.99 acres for community 
                development, residential development, historic 
                restoration, and visitor-related economic development, 
                depicted as Tract 37 on the map of Township 27 North, 
                Range 1 East, of the San Bernardino Meridian, 
                California, numbered Map #1 and dated December 2, 1999, 
                together with 92 acre feet per annum of surface and 
                ground water for the purposes associated with the 
                transfer of such lands. This area shall include a 25-
                acre, nondevelopment zone at the north end of the area 
                and an Adobe Restoration zone containing several 
                historic adobe homes, which shall be managed by the 
                Tribe as a tribal historic district.
                    (B) Death Valley Junction, California, an area of 
                approximately 1,000 acres, as generally depicted on the 
map entitled ``Death Valley Junction, California'', numbered Map #2 and 
dated April 12, 2000, together with 15.1 acre feet per annum of ground 
water for the purposes associated with the transfer of such lands.
                    (C)(i) Centennial, California, an area of 
                approximately 640 acres, as generally depicted on the 
                map entitled ``Centennial, California'', numbered Map 
                #3 and dated April 12, 2000, together with an amount of 
                ground water not to exceed 10 acre feet per annum for 
                the purposes associated with the transfer of such 
                lands.
                    (ii) If the Secretary determines that there is 
                insufficient ground water available on the lands 
                described in clause (i) to satisfy the Tribe's right to 
                ground water to fulfill the purposes associated with 
                the transfer of such lands, then the Tribe and the 
                Secretary shall, within 2 years of such determination, 
                identify approximately 640 acres of land that are 
                administered by the Bureau of Land Management in that 
                portion of Inyo County, California, to the north and 
                east of the China Lake Naval Weapons Center, to be a 
                mutually agreed upon substitute for the lands described 
                in clause (i). If the Secretary determines that 
                sufficient water is available to fulfill the purposes 
                associated with the transfer of the lands described in 
                the preceding sentence, then the Tribe shall request 
                that the Secretary accept such lands into trust for the 
                benefit of the Timbisha Shoshone Tribe, and the 
                Secretary shall accept such lands, together with an 
                amount of water not to exceed 10 acre feet per annum, 
                into trust for the Tribe as a substitute for the lands 
                described in clause (i).
                    (D) Scotty's Junction, Nevada, an area of 
                approximately 2,800 acres, as generally depicted on the 
                map entitled ``Scotty's Junction, Nevada'', numbered 
                Map #4 and dated April 12, 2000, together with 375.5 
                acre feet per annum of ground water for the purposes 
                associated with the transfer of such lands.
                    (E) Lida, Nevada, Community Parcel, an area of 
                approximately 3,000 acres, as generally depicted on the 
                map entitled ``Lida, Nevada, Community Parcel'', 
                numbered Map #5 and dated April 12, 2000, together with 
                14.7 acre feet per annum of ground water for the 
                purposes associated with the transfer of such lands.
            (2) Water rights.--The priority date of the Federal water 
        rights described in subparagraphs (A) through (E) of paragraph 
        (1) shall be the date of enactment of this Act, and such 
        Federal water rights shall be junior to Federal and State water 
        rights existing on such date of enactment. Such Federal water 
        rights shall not be subject to relinquishment, forfeiture, or 
        abandonment.
            (3) Limitations on furnace creek area development.--
                    (A) Development.--Recognizing the mutual interests 
                and responsibilities of the Tribe and the National Park 
                Service in and for the conservation and protection of 
                the resources in the area described in paragraph (1), 
                development in the area shall be limited to--
                            (i) purposes of community and residential 
                        development--
                                    (I) a maximum of 50 single-family 
                                residences; and
                                    (II) a tribal community center with 
                                space for tribal offices, recreation 
                                facilities, a multipurpose room and 
                                kitchen, and senior and youth 
                                facilities;
                            (ii) for purposes of economic development--
                                    (I) a small-to-moderate desert inn; 
                                and
                                    (II) a tribal museum and cultural 
                                center with a gift shop; and
                            (iii) the infrastructure necessary to 
                        support the level of development described in 
                        clauses (i) and (ii).
                    (B) Exception.--Notwithstanding the provisions of 
                subparagraph (A)(ii), the National Park Service and the 
                Tribe are authorized to negotiate mutually agreed upon, 
                visitor-related economic development in lieu of the 
                development set forth in that subparagraph if such 
                alternative development will have no greater 
                environmental impact than the development set forth in 
                that subparagraph.
                    (C) Right-of-way.--The Tribe shall have a right-of-
                way for ingress and egress on Highway 190 in 
                California.
            (4) Limitations on impact on mining claims.--Nothing in 
        this Act shall be construed as terminating any valid mining 
        claim existing on the date of enactment of this Act on the land 
        described in paragraph (1)(E). Any person with such an existing 
        mining claim shall have all the rights incident to mining 
        claims, including the rights of ingress and egress on the land 
        described in paragraph (1)(E). Any person with such an existing 
        mining claim shall have the right to occupy and use so much of 
        the surface of the land as is required for all purposes 
        reasonably necessary to mine and remove the minerals from the 
        land, including the removal of timber for mining purposes. Such 
        a mining claim shall terminate when the claim is determined to 
        be invalid or is abandoned.
    (c) Legal Descriptions.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall file a legal description of 
the areas described in subsection (b) with the Committee on Resources 
of the House of Representatives and with the Committee on Indian 
Affairs and the Committee on Energy and Natural Resources of the 
Senate. Such legal description shall have the same force and effect as 
if the information contained in the description were included in that 
subsection except that the Secretary may correct clerical and 
typographical errors in such legal description and in the maps referred 
to in the legal description. The legal description shall be on file and 
available for public inspection in the offices of the National Park 
Service and the Bureau of Land Management.
    (d) Additional Trust Resources.--The Secretary may purchase from 
willing sellers the following parcels and appurtenant water rights, or 
the water rights separately, to be taken into trust for the Tribe:
            (1) Indian Rancheria Site, California, an area of 
        approximately 120 acres, as generally depicted on the map 
        entitled ``Indian Rancheria Site, California'' numbered Map #6 
        and dated December 3, 1999.
            (2) Lida Ranch, Nevada, an area of approximately 2,340 
        acres, as generally depicted on the map entitled ``Lida Ranch'' 
        numbered Map #7 and dated April 6, 2000, or another parcel 
        mutually agreed upon by the Secretary and the Tribe.
    (e) Special Use Areas.--
            (1) In general.--The areas described in this subsection 
        shall be nonexclusive special use areas for the Tribe, subject 
        to other Federal law. Members of the Tribe are authorized to 
        use these areas for low impact, ecologically sustainable, 
        traditional practices pursuant to a jointly established 
        management plan mutually agreed upon by the Tribe, and by the 
        National Park Service or the Bureau of Land Management, as 
        appropriate. All maps referred to in paragraph (4) shall be on 
        file and available for public inspection in the offices of the 
        National Park Service and Bureau of Land Management.
            (2) Recognition of the history and culture of the tribe.--
        In the special use areas, in recognition of the significant 
        contributions the Tribe has made to the history, ecology, and 
        culture of the Park and to ensure that the visitor experience 
        in the Park will be enhanced by the increased and continued 
        presence of the Tribe, the Secretary shall permit the Tribe's 
        continued use of Park resources for traditional tribal 
        purposes, practices, and activities.
            (3) Resource use by the tribe.--In the special use areas, 
        any use of Park resources by the Tribe for traditional 
        purposes, practices, and activities shall not include the 
        taking of wildlife and shall not be in derogation of purposes 
        and values for which the Park was established.
            (4) Specific areas.--The following areas are designated 
        special use areas pursuant to paragraph (1):
                    (A) Mesquite use area.--The area generally depicted 
                on the map entitled ``Mesquite Use Area'' numbered Map 
                #8 and dated April 12, 2000. The Tribe may use this 
                area for processing mesquite using traditional plant 
                management techniques such as thinning, pruning, 
                harvesting, removing excess sand, and removing exotic 
                species. The National Park Service may limit and 
                condition, but not prohibit entirely, public use of 
                this area or parts of this area, in consultation with 
                the Tribe. This area shall be managed in accordance 
                with the jointly established management plan referred 
                to in paragraph (1).
                    (B) Buffer area.--An area of approximately 1,500 
                acres, as generally depicted on the map entitled 
                ``Buffer Area'' numbered Map #8 and dated April 12, 
                2000. The National Park Service shall restrict visitor 
                use of this area to protect the privacy of the Tribe 
                and to provide an opportunity for the Tribe to conduct 
                community affairs without undue disruption from the 
                public.
                    (C) Timbisha shoshone natural and cultural 
                preservation area.--An area that primarily consists of 
                Park lands and also a small portion of Bureau of Land 
                Management land in California, as generally depicted on 
                the map entitled ``Timbisha Shoshone Natural and 
                Cultural Preservation Area'' numbered Map #9 and dated 
                April 12, 2000.
            (5) Additional provisions.--With respect to the Timbisha 
        Shoshone Natural and Cultural Preservation Area designated in 
        paragraph (4)(C)--
                    (A) the Tribe may establish and maintain a tribal 
                resource management field office, garage, and storage 
                area, all within the area of the existing ranger 
                station at Wildrose (existing as of the date of 
                enactment of this Act);
                    (B) the Tribe also may use traditional camps for 
                tribal members at Wildrose and Hunter Mountain in 
                accordance with the jointly established management plan 
                referred to in paragraph (1);
                    (C) the area shall be depicted on maps of the Park 
                and Bureau of Land Management that are provided for 
                general visitor use;
                    (D) the National Park Service and the Bureau of 
                Land Management shall accommodate access by the Tribe 
                to and use by the Tribe of--
                            (i) the area (including portions described 
                        in subparagraph (E)) for traditional cultural 
                        and religious activities, in a manner 
                        consistent with the purpose and intent of 
                        Public Law 95-341 (commonly known as the 
                        ``American Indian Religious Freedom Act'') (42 
                        U.S.C. 1996 et seq.); and
                            (ii) areas designated as wilderness 
                        (including portions described in subparagraph 
                        (E)), in a manner consistent with the purpose 
                        and intent of the Wilderness Act (16 U.S.C. 
                        1131 et seq.); and
                    (E)(i) on the request of the Tribe, the National 
                Park Service and the Bureau of Land Management shall 
                temporarily close to the general public, 1 or more 
                specific portions of the area in order to protect the 
                privacy of tribal members engaging in traditional 
                cultural and religious activities in those portions; 
                and
                    (ii) any such closure shall be made in a manner 
                that affects the smallest practicable area for the 
                minimum period necessary for the purposes described in 
                clause (i).
    (f) Access and Use.--Members of the Tribe shall have the right to 
enter and use the Park without payment of any fee for admission into 
the Park.
    (g) Administration.--The trust lands shall constitute the Timbisha 
Shoshone Reservation and shall be administered pursuant to the laws and 
regulations applicable to other Indian trust lands, except as otherwise 
provided in this Act.

SEC. 6. IMPLEMENTATION PROCESS.

    (a) Government-to-Government Agreements.--In order to fulfill the 
purposes of this Act and to establish cooperative partnerships for 
purposes of this Act, the National Park Service, the Bureau of Land 
Management, and the Tribe shall enter into government-to-government 
consultations and shall develop protocols to review planned development 
in the Park. The National Park Service and the Bureau of Land 
Management are authorized to enter into cooperative agreements with the 
Tribe for the purpose of providing training on the interpretation, 
management, protection, and preservation of the natural and cultural 
resources of the areas designated for special uses by the Tribe in 
section 5(e)(4).
    (b) Standards.--The National Park Service and the Tribe shall 
develop mutually agreed upon standards for size, impact, and design for 
use in planning, resource protection, and development of the Furnace 
Creek area and for the facilities at Wildrose. The standards shall be 
based on standards for recognized best practices for environmental 
sustainability and shall not be less restrictive than the environmental 
standards applied within the National Park System at any given time. 
Development in the area shall be conducted in a manner consistent with 
the standards, which shall be reviewed periodically and revised as 
necessary.
    (c) Water Monitoring.--The Secretary and the Tribe shall develop 
mutually agreed upon standards for a water monitoring system to assess 
the effects of water use at Scotty's Junction and at Death Valley 
Junction on the tribal trust lands described in subparagraphs (A), (B), 
and (D) of section 5(b)(1), and on the Park. Water monitoring shall be 
conducted in a manner that is consistent with such standards, which 
shall be reviewed periodically and revised as necessary.

SEC. 7. MISCELLANEOUS PROVISIONS.

    (a) Tribal Employment.--In employing individuals to perform any 
construction, maintenance, interpretation, or other service in the 
Park, the Secretary shall, insofar as practicable, give first 
preference to qualified members of the Tribe.
    (b) Gaming.--Class II gaming and class III gaming as defined and 
regulated by the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) 
shall be prohibited on trust lands within the Park.
    (c) Initial Reservation.--Lands taken into trust for the Tribe 
pursuant to section 5, except for the Park land described in 
subsections (b)(1)(A) and (d)(1) of such section, shall be considered 
to be the Tribe's initial reservation for purposes of section 
20(b)(1)(B)(ii) of the Indian Gaming Regulatory Act (25 U.S.C. 
2719(b)(1)(B)(ii)).
    (d) Tribal Jurisdiction Over Trust Lands.--All trust lands that are 
transferred under this Act and located within California shall be 
exempt from section 1162 of title 18, United States Code, and section 
1360 of title 28, United States Code, upon the certification by the 
Secretary, after consultation with the Attorney General, that the law 
enforcement system in place for such lands will be adequate to provide 
for the public safety and the public interest, except that no such 
certification may take effect until the expiration of the 3-year period 
beginning on the date of enactment of this Act.
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