S. 2102

One Hundred Sixth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,

the twenty-fourth day of January, two thousand

An Act

To provide to the Timbisha Shoshone Tribe a permanent land base within its

aboriginal homeland, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Timbisha Shoshone Homeland

Act’’.

SEC. 2. FINDINGS.

Congress finds the following:

(1) Since time immemorial, the Timbisha Shoshone Tribe

has lived in portions of California and Nevada. The Tribe’s

ancestral homeland includes the area that now comprises Death

Valley National Park and other areas of California and Nevada

now administered by the Bureau of Land Management.

(2) Since 1936, the Tribe has lived and governed the affairs

of the Tribe on approximately 40 acres of land near Furnace

Creek in the Park.

(3) The Tribe achieved Federal recognition in 1983 but

does not have a land base within the Tribe’s ancestral homeland.

(4) Since the Tribe commenced use and occupancy of the

Furnace Creek area, the Tribe’s membership has grown. Tribal

members have a desire and need for housing, government and

administrative facilities, cultural facilities, and sustainable economic development to provide decent, safe, and healthy conditions for themselves and their families.

(5) The interests of both the Tribe and the National Park

Service would be enhanced by recognizing their coexistence

on the same land and by establishing partnerships for compatible land uses and for the interpretation of the Tribe’s history

and culture for visitors to the Park.

(6) The interests of both the Tribe and the United States

would be enhanced by the establishment of a land base for

the Tribe and by further delineation of the rights and obligations of each with respect to the Furnace Creek area and

to the Park as a whole.

SEC. 3. PURPOSES.

Consistent with the recommendations of the report required

by section 705(b) of the California Desert Protection Act of 1994

(Public Law 103–433; 108 Stat. 4498), the purposes of this Act

are—
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(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.—
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(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 visitorrelated 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
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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-ofway 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
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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).
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(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.
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SEC. 6. IMPLEMENTATION PROCESS.

(a) GOVERNMENT-TO-GOVERNMENT AGREEMENTS.—In order to

fulfill the purposes of this Act and to establish cooperative partnerships for purposes of this Act, the National Park Service, the

Bureau of Land Management, and the Tribe shall enter into government-to-government consultations and shall develop protocols to

review planned development in the Park. The National Park Service

and the Bureau of Land Management are authorized to enter into

cooperative agreements with the Tribe for the purpose of providing

training on the interpretation, management, protection, and

preservation of the natural and cultural resources of the areas

designated for special uses by the Tribe in section 5(e)(4).

(b) STANDARDS.—The National Park Service and the Tribe shall

develop mutually agreed upon standards for size, impact, and design

for use in planning, resource protection, and development of the

Furnace Creek area and for the facilities at Wildrose. The standards

shall be based on standards for recognized best practices for environmental sustainability and shall not be less restrictive than the

environmental standards applied within the National Park System

at any given time. Development in the area shall be conducted

in a manner consistent with the standards, which shall be reviewed

periodically and revised as necessary.

(c) WATER MONITORING.—The Secretary and the Tribe shall

develop mutually agreed upon standards for a water monitoring

system to assess the effects of water use at Scotty’s Junction and

at Death Valley Junction on the tribal trust lands described in

subparagraphs (A), (B), and (D) of section 5(b)(1), and on the Park.

Water monitoring shall be conducted in a manner that is consistent

with such standards, which shall be reviewed periodically and

revised as necessary.

SEC. 7. MISCELLANEOUS PROVISIONS.

(a) TRIBAL EMPLOYMENT.—In employing individuals to perform

any construction, maintenance, interpretation, or other service in

the Park, the Secretary shall, insofar as practicable, give first

preference to qualified members of the Tribe.

(b) GAMING.—Gaming as defined and regulated by the Indian

Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall be prohibited

on trust lands within the Park.

(c) INITIAL RESERVATION.—Lands taken into trust for the Tribe

pursuant to section 5, except for the Park land described in subsections (b)(1)(A) and (d)(1) of such section, shall be considered

to be the Tribe’s initial reservation for purposes of section

20(b)(1)(B)(ii) of the Indian Gaming Regulatory Act (25 U.S.C.

2719(b)(1)(B)(ii)).

(d) TRIBAL JURISDICTION OVER TRUST LANDS.—All trust lands

that are transferred under this Act and located within California

shall be exempt from section 1162 of title 18, United States Code,

and section 1360 of title 28, United States Code, upon the certification by the Secretary, after consultation with the Attorney General, that the law enforcement system in place for such lands

will be adequate to provide for the public safety and the public

interest, except that no such certification may take effect until

the expiration of the 3-year period beginning on the date of enactment of this Act.
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SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this Act

such sums as may be necessary.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.