[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2102 Introduced in Senate (IS)]
106th CONGRESS
2d Session
S. 2102
To provide to the Timbisha Shoshone Tribe a permanent land base within
its aboriginal homeland, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 24, 2000
Mr. Inouye (for himself, Mrs. Feinstein, and Mrs. Boxer) introduced the
following bill; which was read twice and referred to the Committee on
Indian Affairs
_______________________________________________________________________
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 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 shall be held in trust
for the Tribe pursuant to subsection (a):
(A) Furnace Creek, Death Valley National Park,
California, an area of approximately 300 acres for
community development, residential development,
historic restoration, and visitor-related economic
development, as generally depicted on the map entitled
``Community Development at Furnace Creek, Death Valley
National Park'', numbered Map #1 and dated December 3,
1999. 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 December 3, 1999.
(C) Centennial, California, an area of
approximately 640 acres, as generally depicted on the
map entitled ``Centennial, California'', numbered Map
#3 and dated December 3, 1999.
(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 December 3, 1999.
(E) Lida, Nevada, Community Parcel, an area of
approximately 2,800 acres, as generally depicted on the
map entitled ``Lida, Nevada, Community Parcel'',
numbered Map #5 and dated December 3, 1999.
(2) 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.
(3) 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 ____
and dated __________.
(2) Lida Ranch, Nevada, an area of approximately 2,340
acres, as generally depicted on the map entitled ``Lida Ranch''
numbered ____ and dated __________, or another parcel mutually
agreed upon by the Secretary and the Tribe.
(e) Special Use Areas.--
(1) In general.--The National Park Service and the Bureau
of Land Management are authorized to designate the areas
described in this subsection as 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 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 ____
and dated __________. 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
to 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 ____
acres, as generally depicted on the map entitled
``Buffer Area'' numbered ____ and dated __________. 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 ____ and dated
__________.
(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.
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(a) 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 located
within California shall be exempt from section 1162 of title 18, United
States Code, and section 1360 of title 28, United States Code,
commencing 3 years after 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.
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