[Congressional Record Volume 146, Number 94 (Wednesday, July 19, 2000)]
[Senate]
[Pages S7293-S7297]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     TIMBISHA SHOSHONE HOMELAND ACT

  Mr. BURNS. Mr. President, I ask unanimous consent that the Senate now 
proceed to the consideration of Calendar No. 661, S. 2102.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2102) to provide to the Timbisha Shoshone Tribe 
     a permanent land base within its aboriginal homeland, and for 
     other purposes, which had been reported from the Committee on 
     Indian Affairs, with an amendment to strike out all after the 
     enacting clause and insert the part printed in italic:

     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) 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.
       (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

[[Page S7294]]

     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.

     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.


                           Amendment No. 3945

  Mr. BURNS. Mr. President, I send an amendment to the desk and ask for 
its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Montana [Mr. Burns], for Mr. Inouye, 
     proposes an amendment numbered 3945.

  Mr. BURNS. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 22, line 20, strike ``(C)'' and insert ``(C)(i)''.

[[Page S7295]]

       On page 23, between lines 2 and 3, insert the following:
       (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).
       On page 32, between lines 20 and 21, insert the following:
       (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.

  Mr. BURNS. Mr. President, I ask unanimous consent that the amendment 
be agreed to, the committee amendment be agreed to, the bill be read 
the third time and passed, the motion to reconsider be laid upon the 
table, and that any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3945) was agreed to.
  The committee amendment, as amended, was agreed to.
  The bill (S. 2102), as amended, was read the third time and passed.

                                S. 2102

       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

[[Page S7296]]

     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

[[Page S7297]]

     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.
       Passed the Senate July 19, 2000.

                          ____________________