[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2102 Enrolled Bill (ENR)]
S.2102
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
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 lands, 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) for 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.--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.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as may be necessary.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.