[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.
                                 <all>