[Congressional Record Volume 146, Number 130 (Tuesday, October 17, 2000)]
[House]
[Pages H9976-H9979]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TIMBISHA SHOSHONE HOMELAND ACT
Mr. CALVERT. Madam Speaker, I move to suspend the rules and pass the
Senate bill (S. 2102) to provide to the Timbisha Shoshone Tribe a
permanent land base within its aboriginal homeland, and for other
purposes.
The Clerk read as follows:
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
[[Page H9977]]
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
[[Page H9978]]
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.
The SPEAKER pro tempore (Mrs. Biggert). Pursuant to the rule, the
gentleman from California (Mr. Calvert) and the gentleman from New
Mexico (Mr. Udall) each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Calvert).
Mr. CALVERT. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, the Timbisha Shoshone Tribe has been living in
portions of California and Nevada for hundreds of years. At the present
time, the majority of the tribe's ancestral homeland is located within
Death Valley National Park, which is ably represented by our colleague,
the gentleman from California (Mr. Lewis), and other areas currently
under the Bureau of Land Management Control.
S. 2102 provides the Timbisha Shoshone Tribe with a land base within
its aboriginal homeland on which the tribe can live permanently and
govern its own affairs.
{time} 1430
The legislation would also form a partnership between the National
Park Service and the tribe to ensure that the resources of the park are
protected and enhanced. It would formally recognize the contribution
the tribe has made in the history and culture of the area, authorize
the Secretary of Interior to purchase additional lands and water rights
for the tribe's use, as well as help for further clarification of
rights and obligations on these lands.
Madam Speaker, the interests of both the Timbisha Shoshone Tribe and
the United States would be enhanced by recognizing their coexistence on
the same land and by establishing partnerships for compatible land
uses. This is a good piece of legislation, and I urge my colleagues to
support S. 2102.
Madam Speaker, I reserve the balance of my time.
Mr. UDALL of New Mexico. Madam Speaker, I yield myself such time as I
may consume.
(Mr. UDALL of New Mexico asked and was given permission to revise and
extend his remarks.)
Mr. UDALL of New Mexico. Madam Speaker, this important legislation is
the product of years of negotiations among the Timbisha Shoshone Tribe
of California, Federal and State land managers, private landowners and
many others. It will provide the tribe with a permanent land base
within their aboriginal homelands. The tribe is in great need of access
to lands for housing, health care, education and other governmental
functions. Since 1850, this tribe has been without a permanent land
base and this bill will finally right that wrong.
Madam Speaker, I urge my colleagues to support it.
Madam Speaker, I yield back the balance of my time.
Mr. CALVERT. Madam Speaker, I yield such time as he may consume to
the gentleman from California (Mr. Lewis), who represents the area in
question with this legislation.
(Mr. LEWIS of California asked and was given permission to revise and
extend his remarks.)
Mr. LEWIS of California. Madam Speaker, first let me express my
appreciation to the gentleman from California (Mr. Calvert) for his
yielding me this time and further express my appreciation to the
gentleman from Alaska (Mr. Young); the gentleman from Utah (Mr.
Hansen); and the ranking member, the gentleman from California (Mr.
George Miller) for allowing this bill to move forward today.
The Timbisha Shoshone Tribe has lived in the harsh environment around
Death Valley National Park for thousands of years. S. 2102 provides for
the transfer of approximately 7,754 acres of land in trust for the
Timbisha Shoshone Tribe. This land will allow the tribe to live
permanently and govern its affairs in a modern community. In the past,
the tribe has tried unsuccessfully to obtain trust land within its
aboriginal homeland area. After 5 years of intense consultation and
negotiations, a study report was completed in late 1999 that set forth
recommendations for this legislation implementing a comprehensive
integrated plan for a permanent homeland for the tribe.
S. 2102 also formally recognizes the tribe's contributions to the
history, culture and ecology of the Death Valley National Park and
surrounding areas. S. 2102 ensures that the resources within the park
are protected and enhanced by cooperative activities within the tribe's
ancestral homeland and by partnerships between the tribe and the
National Park Service and the Bureau of Land Management.
Madam Speaker, I express my appreciation to the committee for its
fine work.
Madam Speaker, I am pleased today to rise in support of S. 2102, the
Timbisha Shoshone Homeland Act.
The Timbisha Shoshone Tribe has lived in the harsh environment in and
around Death Valley National Park for thousands of years. This bill
provides approximately 7,754 acres of land in trust for the Timbisha
Shoshone Tribe. The tribe will be able to use this land to live
permanently and govern its affairs in a modern community within their
ancestral homelands in the Mojave Desert. This legislation is
consistent with the draft report prepared by the Secretary of the
interior as required by section 705(b) of the California Desert
Protection Act of 1994 (P.L. 103-433).
When the California Desert Protection Act was enacted in 1994, I
included a provision that specifically directed the Secretary of the
Interior, in consultation with the Timbisha Shoshone Tribe and relevant
Federal agencies, to conduct a study to identify lands suitable for
reservation for the tribe that are located within the tribe's
aboriginal homeland area within and outside the boundaries of the Death
Valley National Monument and Death Valley National Park and file a
report with Congress.
Madam Speaker, the Timbisha Shoshone Tribe is a small tribe of about
300 Indians whose ancestral home is located within the boundaries of
Death Valley National Park. Their aboriginal use areas extended beyond
the boundaries of the park to territories nearby, including lands
within both California and Nevada. Their current tribal headquarters is
at Furnace Creek where the park headquarters is also located.
In the early 1930's the President of the United States signed an
Executive order establishing a National Monument at Death Valley,
California. By doing this, he placed the lands encompassed in the order
under the administrative jurisdiction of the National Park Service.
[[Page H9979]]
In the 1980's, the tribe was given formal recognition as a federally
recognized tribe entitled to all the services and protections that are
given to all federally recognized Indian tribes. What was not provided
or granted by BIA or the Park Service was a reservation or permanent
tribal home land base. This has created innumerable problems for this
tribe ranging from housing, schools, health care facilities,
ineligibility for grants and contracts, deprivation from, access to, or
gathering of customary natural resources, and a total lack of economic
development possibilities.
S. 2102 is the product of an intense consultation and negotiation
process that has taken place between the Timbisha Shoshone Tribe and
the U.S. Park Service and Bureau of Land Management as required by
section 705(b) of the California Desert Protection Act. There have been
a number of public hearings in the local communities in California and
Nevada. The Tribe and the Department of the Interior have worked
closely with the National Parks Conservation Association; the Sierra
Club; and the Wilderness Society to address their concerns.
This bill enjoys the strong support of the department of Interior,
the National Park Service and the Timbisha Shoshone Tribe. In addition,
the tribe has received supporting resolutions from the three counties
where the tribe's lands would be located--Inyo County, CA, and Nye and
Esmeralda Counties in Nevada; the Town Board of Pahrump, NV; the
Mojave-Southern Great Basin Resource Area Council; and a number of
Indian tribes and tribal organizations located in both states and
nationally.
This is a good bill and I urge my colleagues to support this much-
needed legislation.
Mr. UDALL of New Mexico. Madam Speaker, will the gentleman yield?
Mr. LEWIS of California. I yield to the gentleman from New Mexico.
Mr. UDALL of New Mexico. I just wanted to also recognize the ranking
member, the gentleman from California (Mr. George Miller) and Senators
Feinstein and Boxer for their hard work on this bill.
Mr. CALVERT. Madam Speaker, this is an excellent piece of
legislation. I urge its passage, and I yield back the balance of my
time.
The SPEAKER pro tempore (Mrs. Biggert). The question is on the motion
offered by the gentleman from California (Mr. Calvert) that the House
suspend the rules and pass the Senate bill, S. 2102.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.
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