II

Calendar No. 661

106TH CONGRESS

2D SESSION S. 2102

[Report No. 106–327]

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

its aboriginal homeland, and for other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 24, 2000

Mr. INOUYE (for himself, Mrs. FEINSTEIN, and Mrs. BOXER) introduced the

following bill; which was read twice and referred to the Committee on Indian Affairs

JUNE 30, 2000

Reported by Mr. CAMPBELL, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To provide to the Timbisha Shoshone Tribe a permanent

land base within its aboriginal homeland, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

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

5 Homeland Act’’.
2

•S 2102 RS

1 SEC. 2. FINDINGS.

2 Congress finds the following:

3 (1) Since time immemorial, the Timbisha Sho4 shone Tribe has lived in portions of California and

5 Nevada. The Tribe’s ancestral homeland includes the

6 area that now comprises Death Valley National Park

7 and other areas of California and Nevada now ad8 ministered by the Bureau of Land Management.

9 (2) Since 1936, the Tribe has lived and gov10 erned the affairs of the Tribe on approximately 40

11 acres of land near Furnace Creek in the Park.

12 (3) The Tribe achieved Federal recognition in

13 1983 but does not have a land base within the

14 Tribe’s ancestral homeland.

15 (4) Since the Tribe commenced use and occu16 pancy of the Furnace Creek area, the Tribe’s mem17 bership has grown. Tribal members have a desire

18 and need for housing, government and administra19 tive facilities, cultural facilities, and sustainable eco20 nomic development to provide decent, safe, and

21 healthy conditions for themselves and their families.

22 (5) The interests of both the Tribe and the Na23 tional Park Service would be enhanced by recog24 nizing their coexistence on the same land and by es25 tablishing partnerships for compatible land uses and
3

•S 2102 RS

1 for the interpretation of the Tribe’s history and cul2 ture for visitors to the Park.

3 (6) The interests of both the Tribe and the

4 United States would be enhanced by the establish5 ment of a land base for the Tribe and by further de6 lineation of the rights and obligations of each with

7 respect to the Furnace Creek area and to the Park

8 as a whole.

9 SEC. 3. PURPOSES.

10 Consistent with the recommendations of the report

11 required by section 705(b) of the California Desert Protec12 tion Act of 1994 (Public Law 103–433; 108 Stat. 4498),

13 the purposes of this Act are—

14 (1) to provide in trust to the Tribe land on

15 which the Tribe can live permanently and govern the

16 Tribe’s affairs in a modern community within the

17 ancestral homeland of the Tribe outside and within

18 the Park;

19 (2) to formally recognize the contributions by

20 the Tribe to the history, culture, and ecology of the

21 Park and surrounding area;

22 (3) to ensure that the resources within the Park

23 are protected and enhanced by—

24 (A) cooperative activities within the Tribe’s

25 ancestral homeland; and
4

•S 2102 RS

1 (B) partnerships between the Tribe and

2 the National Park Service and partnerships in3 volving the Bureau of Land Management;

4 (4) to ensure that such activities are not in

5 derogation of the purposes and values for which the

6 Park was established;

7 (5) to provide opportunities for a richer visitor

8 experience at the Park through direct interactions

9 between visitors and the Tribe including guided

10 tours, interpretation, and the establishment of a

11 tribal museum and cultural center;

12 (6) to provide appropriate opportunities for eco13 nomically viable and ecologically sustainable visitor14 related development, by the Tribe within the Park,

15 that is not in derogation of the purposes and values

16 for which the Park was established; and

17 (7) to provide trust lands for the Tribe in 4

18 separate parcels of land that is now managed by the

19 Bureau of Land Management and authorize the pur20 chase of 2 parcels now held in private ownership to

21 be taken into trust for the Tribe.

22 SEC. 4. DEFINITIONS.

23 In this Act:
5

•S 2102 RS

1 (1) PARK.—The term ‘‘Park’’ means Death

2 Valley National Park, including any additions to

3 that Park.

4 (2) SECRETARY.—The term ‘‘Secretary’’ means

5 the Secretary of the Interior or the designee of the

6 Secretary.

7 (3) TRIBAL.—The term ‘‘tribal’’ means of or

8 pertaining to the Tribe.

9 (4) TRIBE.—The term ‘‘Tribe’’ means the

10 Timbisha Shoshone Tribe, a tribe of American Indi11 ans recognized by the United States pursuant to

12 part 83 of title 25, Code of Federal Regulations (or

13 any corresponding similar regulation or ruling).

14 (5) TRUST LANDS.—The term ‘‘trust lands’’

15 means those lands taken into trust pursuant to this

16 Act.

17 SEC. 5. TRIBAL RIGHTS AND AUTHORITY ON THE TIMBISHA

18 SHOSHONE HOMELAND.

19 (a) IN GENERAL.—Subject to valid existing rights

20 (existing on the date of enactment of this Act), all right,

21 title, and interest of the United States in and to the lands,

22 including improvements and appurtenances, described in

23 subsection (b) are declared to be held in trust by the

24 United States for the benefit of the Tribe. All maps re25 ferred to in subsection (b) shall be on file and available
6

•S 2102 RS

1 for public inspection in the appropriate offices of the Na2 tional Park Service and the Bureau of Land Management.

3 (b) PARK LANDS AND BUREAU OF LAND MANAGE4 MENT LANDS DESCRIBED.—

5 (1) IN GENERAL.—The following lands shall be

6 held in trust for the Tribe pursuant to subsection

7 (a):

8 (A) Furnace Creek, Death Valley National

9 Park, California, an area of approximately 300

10 acres for community development, residential

11 development, historic restoration, and visitor-re12 lated economic development, as generally de13 picted on the map entitled ‘‘Community Devel14 opment at Furnace Creek, Death Valley Na15 tional Park’’, numbered Map #1 and dated De16 cember 3, 1999. This area shall include a 25-

17 acre, nondevelopment zone at the north end of

18 the area and an Adobe Restoration zone con19 taining several historic adobe homes, which

20 shall be managed by the Tribe as a tribal his21 toric district.

22 (B) Death Valley Junction, California, an

23 area of approximately 1,000 acres, as generally

24 depicted on the map entitled ‘‘Death Valley
7

•S 2102 RS

1 Junction, California’’, numbered Map #2 and

2 dated December 3, 1999.

3 (C) Centennial, California, an area of ap4 proximately 640 acres, as generally depicted on

5 the map entitled ‘‘Centennial, California’’, num6 bered Map #3 and dated December 3, 1999.

7 (D) Scotty’s Junction, Nevada, an area of

8 approximately 2,800 acres, as generally de9 picted on the map entitled ‘‘Scotty’s Junction,

10 Nevada’’, numbered Map #4 and dated Decem11 ber 3, 1999.

12 (E) Lida, Nevada, Community Parcel, an

13 area of approximately 2,800 acres, as generally

14 depicted on the map entitled ‘‘Lida, Nevada,

15 Community Parcel’’, numbered Map #5 and

16 dated December 3, 1999.

17 (2) LIMITATIONS ON FURNACE CREEK AREA

18 DEVELOPMENT.—

19 (A) DEVELOPMENT.—Recognizing the mu20 tual interests and responsibilities of the Tribe

21 and the National Park Service in and for the

22 conservation and protection of the resources in

23 the area described in paragraph (1), develop24 ment in the area shall be limited to—
8

•S 2102 RS

1 (i) for purposes of community and

2 residential development—

3 (I) a maximum of 50 single-fam4 ily residences; and

5 (II) a tribal community center

6 with space for tribal offices, recreation

7 facilities, a multipurpose room and

8 kitchen, and senior and youth facili9 ties;

10 (ii) for purposes of economic

11 development—

12 (I) a small-to-moderate desert

13 inn; and

14 (II) a tribal museum and cultural

15 center with a gift shop; and

16 (iii) the infrastructure necessary to

17 support the level of development described

18 in clauses (i) and (ii).

19 (B) EXCEPTION.—Notwithstanding the

20 provisions of subparagraph (A)(ii), the National

21 Park Service and the Tribe are authorized to

22 negotiate mutually agreed upon, visitor-related

23 economic development in lieu of the develop24 ment set forth in that subparagraph if such al25 ternative development will have no greater envi-
9

•S 2102 RS

1 ronmental impact than the development set

2 forth in that subparagraph.

3 (C) RIGHT-OF-WAY.—The Tribe shall have

4 a right-of-way for ingress and egress on High5 way 190 in California.

6 (3) LIMITATIONS ON IMPACT ON MINING

7 CLAIMS.—Nothing in this Act shall be construed as

8 terminating any valid mining claim existing on the

9 date of enactment of this Act on the land described

10 in paragraph (1)(E). Any person with such an exist11 ing mining claim shall have all the rights incident to

12 mining claims, including the rights of ingress and

13 egress on the land described in paragraph (1)(E).

14 Any person with such an existing mining claim shall

15 have the right to occupy and use so much of the sur16 face of the land as is required for all purposes rea17 sonably necessary to mine and remove the minerals

18 from the land, including the removal of timber for

19 mining purposes. Such a mining claim shall termi20 nate when the claim is determined to be invalid or

21 is abandoned.

22 (c) LEGAL DESCRIPTIONS.—Not later than 1 year

23 after the date of enactment of this Act, the Secretary shall

24 file a legal description of the areas described in subsection

25 (b) with the Committee on Resources of the House of Rep-
10

•S 2102 RS

1 resentatives and with the Committee on Indian Affairs

2 and the Committee on Energy and Natural Resources of

3 the Senate. Such legal description shall have the same

4 force and effect as if the information contained in the de5 scription were included in that subsection except that the

6 Secretary may correct clerical and typographical errors in

7 such legal description and in the maps referred to in the

8 legal description. The legal description shall be on file and

9 available for public inspection in the offices of the Na10 tional Park Service and the Bureau of Land Management.

11 (d) ADDITIONAL TRUST RESOURCES.—The Sec12 retary may purchase from willing sellers the following par13 cels and appurtenant water rights, or the water rights sep14 arately, to be taken into trust for the Tribe:

15 (1) Indian Rancheria Site, California, an area

16 of approximately 120 acres, as generally depicted on

17 the map entitled ‘‘Indian Rancheria Site, California’’

18 numbered ll and dated lllll.

19 (2) Lida Ranch, Nevada, an area of approxi20 mately 2,340 acres, as generally depicted on the

21 map entitled ‘‘Lida Ranch’’ numbered ll and

22 dated lllll, or another parcel mutually

23 agreed upon by the Secretary and the Tribe.

24 (e) SPECIAL USE AREAS.—
11

•S 2102 RS

1 (1) IN GENERAL.—The National Park Service

2 and the Bureau of Land Management are authorized

3 to designate the areas described in this subsection as

4 nonexclusive special use areas for the Tribe, subject

5 to other Federal law. Members of the Tribe are au6 thorized to use these areas for low impact, eco7 logically sustainable, traditional practices pursuant

8 to a jointly established management plan mutually

9 agreed upon by the Tribe, and by the National Park

10 Service or the Bureau of Land Management, as ap11 propriate. All maps referred to in paragraph (4)

12 shall be on file and available for public inspection in

13 the offices of the National Park Service and Bureau

14 of Land Management.

15 (2) RECOGNITION OF THE HISTORY AND CUL16 TURE OF THE TRIBE.—In the special use areas, in

17 recognition of the significant contributions the Tribe

18 has made to the history, ecology, and culture of the

19 Park and to ensure that the visitor experience in the

20 Park will be enhanced by the increased and contin21 ued presence of the Tribe, the Secretary shall permit

22 the Tribe’s continued use of Park resources for tra23 ditional tribal purposes, practices, and activities.

24 (3) RESOURCE USE BY THE TRIBE.—In the

25 special use areas, any use of Park resources by the
12

•S 2102 RS

1 Tribe for traditional purposes, practices, and activi2 ties shall not be in derogation of purposes and val3 ues for which the Park was established.

4 (4) SPECIFIC AREAS.—The following areas are

5 designated special use areas pursuant to paragraph

6 (1):

7 (A) MESQUITE USE AREA.—The area gen8 erally depicted on the map entitled ‘‘Mesquite

9 Use Area’’ numbered ll and dated

10 lllll. The Tribe may use this area for

11 processing mesquite using traditional plant

12 management techniques such as thinning, prun13 ing, harvesting, removing excess sand, and re14 moving exotic species. The National Park Serv15 ice may limit and condition, but not to prohibit

16 entirely, public use of this area or parts of this

17 area, in consultation with the Tribe. This area

18 shall be managed in accordance with the jointly

19 established management plan referred to in

20 paragraph (1).

21 (B) BUFFER AREA.—An area of approxi22 mately ll acres, as generally depicted on the

23 map entitled ‘‘Buffer Area’’ numbered ll

24 and dated lllll. The National Park

25 Service shall restrict visitor use of this area to
13

•S 2102 RS

1 protect the privacy of the Tribe and to provide

2 an opportunity for the Tribe to conduct commu3 nity affairs without undue disruption from the

4 public.

5 (C) TIMBISHA SHOSHONE NATURAL AND

6 CULTURAL PRESERVATION AREA.—An area that

7 primarily consists of Park lands and also a

8 small portion of Bureau of Land Management

9 land in California, as generally depicted on the

10 map entitled ‘‘Timbisha Shoshone Natural and

11 Cultural Preservation Area’’ numbered ll

12 and dated lllll.

13 (5) ADDITIONAL PROVISIONS.—With respect to

14 the Timbisha Shoshone Natural and Cultural Pres15 ervation Area designated in paragraph (4)(C)—

16 (A) the Tribe may establish and maintain

17 a tribal resource management field office, ga18 rage, and storage area, all within the area of

19 the existing ranger station at Wildrose (existing

20 as of the date of enactment of this Act);

21 (B) the Tribe also may use traditional

22 camps for tribal members at Wildrose and

23 Hunter Mountain in accordance with the jointly

24 established management plan referred to in

25 paragraph (1);
14

•S 2102 RS

1 (C) the area shall be depicted on maps of

2 the Park and Bureau of Land Management

3 that are provided for general visitor use;

4 (D) the National Park Service and the Bu5 reau of Land Management shall accommodate

6 access by the Tribe to and use by the Tribe

7 of—

8 (i) the area (including portions de9 scribed in subparagraph (E)) for tradi10 tional cultural and religious activities, in a

11 manner consistent with the purpose and

12 intent of Public Law 95–341 (commonly

13 known as the ‘‘American Indian Religious

14 Freedom Act’’) (42 U.S.C. 1996 et seq.);

15 and

16 (ii) areas designated as wilderness (in17 cluding portions described in subparagraph

18 (E)), in a manner consistent with the pur19 pose and intent of the Wilderness Act (16

20 U.S.C. 1131 et seq.); and

21 (E)(i) on the request of the Tribe, the Na22 tional Park Service and the Bureau of Land

23 Management shall temporarily close to the gen24 eral public, 1 or more specific portions of the

25 area in order to protect the privacy of tribal
15

•S 2102 RS

1 members engaging in traditional cultural and

2 religious activities in those portions; and

3 (ii) any such closure shall be made in a

4 manner that affects the smallest practicable

5 area for the minimum period necessary for the

6 purposes described in clause (i).

7 (f) ACCESS AND USE.—Members of the Tribe shall

8 have the right to enter and use the Park without payment

9 of any fee for admission into the Park.

10 (g) ADMINISTRATION.—The trust lands shall con11 stitute the Timbisha Shoshone Reservation and shall be

12 administered pursuant to the laws and regulations appli13 cable to other Indian trust lands, except as otherwise pro14 vided in this Act.

15 SEC. 6. IMPLEMENTATION PROCESS.

16 (a) GOVERNMENT-TO-GOVERNMENT AGREE17 MENTS.—In order to fulfill the purposes of this Act and

18 to establish cooperative partnerships for purposes of this

19 Act, the National Park Service, the Bureau of Land Man20 agement, and the Tribe shall enter into government-to21 government consultations and shall develop protocols to

22 review planned development in the Park. The National

23 Park Service and the Bureau of Land Management are

24 authorized to enter into cooperative agreements with the

25 Tribe for the purpose of providing training on the inter-
16

•S 2102 RS

1 pretation, management, protection, and preservation of

2 the natural and cultural resources of the areas designated

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

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

5 Tribe shall develop mutually agreed upon standards for

6 size, impact, and design for use in planning, resource pro7 tection, and development of the Furnace Creek area and

8 for the facilities at Wildrose. The standards shall be based

9 on standards for recognized best practices for environ10 mental sustainability and shall not be less restrictive than

11 the environmental standards applied within the National

12 Park System at any given time. Development in the area

13 shall be conducted in a manner consistent with the stand14 ards, which shall be reviewed periodically and revised as

15 necessary.

16 SEC. 7. MISCELLANEOUS PROVISIONS.

17 (a) TRIBAL EMPLOYMENT.—In employing individuals

18 to perform any construction, maintenance, interpretation,

19 or other service in the Park, the Secretary shall, insofar

20 as practicable, give first preference to qualified members

21 of the Tribe.

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

23 the Indian Gaming Regulatory Act (25 U.S.C. 2701 et

24 seq.) shall be prohibited on trust lands within the Park.
17

•S 2102 RS

1 (c) INITIAL RESERVATION.—Lands taken into trust

2 for the Tribe pursuant to section 5(a) shall be considered

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

4 20(b)(1)(B)(ii) of the Indian Gaming Regulatory Act (25

5 U.S.C. 2719(b)(1)(B)(ii)).

6 (d) TRIBAL JURISDICTION OVER TRUST LANDS.—All

7 trust lands located within California shall be exempt from

8 section 1162 of title 18, United States Code, and section

9 1360 of title 28, United States Code, commencing 3 years

10 after the date of enactment of this Act.

11 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

12 There are authorized to be appropriated to carry out

13 this Act such sums as may be necessary.

14 SECTION 1. SHORT TITLE.

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

16 Homeland Act’’.

17 SEC. 2. FINDINGS.

18 Congress finds the following:

19 (1) Since time immemorial, the Timbisha Sho20 shone Tribe has lived in portions of California and

21 Nevada. The Tribe’s ancestral homeland includes the

22 area that now comprises Death Valley National Park

23 and other areas of California and Nevada now ad24 ministered by the Bureau of Land Management.
18

•S 2102 RS

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

2 the affairs of the Tribe on approximately 40 acres of

3 land near Furnace Creek in the Park.

4 (3) The Tribe achieved Federal recognition in

5 1983 but does not have a land base within the Tribe’s

6 ancestral homeland.

7 (4) Since the Tribe commenced use and occu8 pancy of the Furnace Creek area, the Tribe’s member9 ship has grown. Tribal members have a desire and

10 need for housing, government and administrative fa11 cilities, cultural facilities, and sustainable economic

12 development to provide decent, safe, and healthy con13 ditions for themselves and their families.

14 (5) The interests of both the Tribe and the Na15 tional Park Service would be enhanced by recognizing

16 their coexistence on the same land and by establishing

17 partnerships for compatible land uses and for the in18 terpretation of the Tribe’s history and culture for visi19 tors to the Park.

20 (6) The interests of both the Tribe and the

21 United States would be enhanced by the establishment

22 of a land base for the Tribe and by further delinea23 tion of the rights and obligations of each with respect

24 to the Furnace Creek area and to the Park as a whole.
19

•S 2102 RS

1 SEC. 3. PURPOSES.

2 Consistent with the recommendations of the report re3 quired by section 705(b) of the California Desert Protection

4 Act of 1994 (Public Law 103–433; 108 Stat. 4498), the pur5 poses of this Act are—

6 (1) to provide in trust to the Tribe land on

7 which the Tribe can live permanently and govern the

8 Tribe’s affairs in a modern community within the

9 ancestral homeland of the Tribe outside and within

10 the Park;

11 (2) to formally recognize the contributions by the

12 Tribe to the history, culture, and ecology of the Park

13 and surrounding area;

14 (3) to ensure that the resources within the Park

15 are protected and enhanced by—

16 (A) cooperative activities within the Tribe’s

17 ancestral homeland; and

18 (B) partnerships between the Tribe and the

19 National Park Service and partnerships involv20 ing the Bureau of Land Management;

21 (4) to ensure that such activities are not in dero22 gation of the purposes and values for which the Park

23 was established;

24 (5) to provide opportunities for a richer visitor

25 experience at the Park through direct interactions be26 tween visitors and the Tribe including guided tours,
20

•S 2102 RS

1 interpretation, and the establishment of a tribal mu2 seum and cultural center;

3 (6) to provide appropriate opportunities for eco4 nomically viable and ecologically sustainable visitor5 related development, by the Tribe within the Park,

6 that is not in derogation of the purposes and values

7 for which the Park was established; and

8 (7) to provide trust lands for the Tribe in 4 sep9 arate parcels of land that is now managed by the Bu10 reau of Land Management and authorize the purchase

11 of 2 parcels now held in private ownership to be

12 taken into trust for the Tribe.

13 SEC. 4. DEFINITIONS.

14 In this Act:

15 (1) PARK.—The term ‘‘Park’’ means Death Val16 ley National Park, including any additions to that

17 Park.

18 (2) SECRETARY.—The term ‘‘Secretary’’ means

19 the Secretary of the Interior or the designee of the

20 Secretary.

21 (3) TRIBAL.—The term ‘‘tribal’’ means of or per22 taining to the Tribe.

23 (4) TRIBE.—The term ‘‘Tribe’’ means the

24 Timbisha Shoshone Tribe, a tribe of American Indi25 ans recognized by the United States pursuant to part
21

•S 2102 RS

1 83 of title 25, Code of Federal Regulations (or any

2 corresponding similar regulation or ruling).

3 (5) TRUST LANDS.—The term ‘‘trust lands’’

4 means those lands taken into trust pursuant to this

5 Act.

6 SEC. 5. TRIBAL RIGHTS AND AUTHORITY ON THE TIMBISHA

7 SHOSHONE HOMELAND.

8 (a) IN GENERAL.—Subject to valid existing rights (ex9 isting on the date of enactment of this Act), all right, title,

10 and interest of the United States in and to the lands, in11 cluding improvements and appurtenances, described in sub12 section (b) are declared to be held in trust by the United

13 States for the benefit of the Tribe. All maps referred to in

14 subsection (b) shall be on file and available for public in15 spection in the appropriate offices of the National Park

16 Service and the Bureau of Land Management.

17 (b) PARK LANDS AND BUREAU OF LAND MANAGEMENT

18 LANDS DESCRIBED.—

19 (1) IN GENERAL.—The following lands and

20 water shall be held in trust for the Tribe pursuant to

21 subsection (a):

22 (A) Furnace Creek, Death Valley National

23 Park, California, an area of 313.99 acres for

24 community development, residential develop25 ment, historic restoration, and visitor-related
22

•S 2102 RS

1 economic development, depicted as Tract 37 on

2 the map of Township 27 North, Range 1 East,

3 of the San Bernardino Meridian, California,

4 numbered Map #1 and dated December 2, 1999,

5 together with 92 acre feet per annum of surface

6 and ground water for the purposes associated

7 with the transfer of such lands. This area shall

8 include a 25-acre, nondevelopment zone at the

9 north end of the area and an Adobe Restoration

10 zone containing several historic adobe homes,

11 which shall be managed by the Tribe as a tribal

12 historic district.

13 (B) Death Valley Junction, California, an

14 area of approximately 1,000 acres, as generally

15 depicted on the map entitled ‘‘Death Valley

16 Junction, California’’, numbered Map #2 and

17 dated April 12, 2000, together with 15.1 acre feet

18 per annum of ground water for the purposes as19 sociated with the transfer of such lands.

20 (C) Centennial, California, an area of ap21 proximately 640 acres, as generally depicted on

22 the map entitled ‘‘Centennial, California’’, num23 bered Map #3 and dated April 12, 2000, to24 gether with an amount of ground water not to
23

•S 2102 RS

1 exceed 10 acre feet per annum for the purposes

2 associated with the transfer of such lands.

3 (D) Scotty’s Junction, Nevada, an area of

4 approximately 2,800 acres, as generally depicted

5 on the map entitled ‘‘Scotty’s Junction, Ne6 vada’’, numbered Map #4 and dated April 12,

7 2000, together with 375.5 acre feet per annum of

8 ground water for the purposes associated with

9 the transfer of such lands.

10 (E) Lida, Nevada, Community Parcel, an

11 area of approximately 3,000 acres, as generally

12 depicted on the map entitled ‘‘Lida, Nevada,

13 Community Parcel’’, numbered Map #5 and

14 dated April 12, 2000, together with 14.7 acre feet

15 per annum of ground water for the purposes as16 sociated with the transfer of such lands.

17 (2) WATER RIGHTS.—The priority date of the

18 Federal water rights described in subparagraphs (A)

19 through (E) of paragraph (1) shall be the date of en20 actment of this Act, and such Federal water rights

21 shall be junior to Federal and State water rights ex22 isting on such date of enactment. Such Federal water

23 rights shall not be subject to relinquishment, forfeiture

24 or abandonment.
24

•S 2102 RS

1 (3) LIMITATIONS ON FURNACE CREEK AREA DE2 VELOPMENT.—

3 (A) DEVELOPMENT.—Recognizing the mu4 tual interests and responsibilities of the Tribe

5 and the National Park Service in and for the

6 conservation and protection of the resources in

7 the area described in paragraph (1), development

8 in the area shall be limited to—

9 (i) for purposes of community and res10 idential development—

11 (I) a maximum of 50 single-fam12 ily residences; and

13 (II) a tribal community center

14 with space for tribal offices, recreation

15 facilities, a multipurpose room and

16 kitchen, and senior and youth facili17 ties;

18 (ii) for purposes of economic

19 development—

20 (I) a small-to-moderate desert inn;

21 and

22 (II) a tribal museum and cultural

23 center with a gift shop; and
25

•S 2102 RS

1 (iii) the infrastructure necessary to

2 support the level of development described in

3 clauses (i) and (ii).

4 (B) EXCEPTION.—Notwithstanding the pro5 visions of subparagraph (A)(ii), the National

6 Park Service and the Tribe are authorized to ne7 gotiate mutually agreed upon, visitor-related eco8 nomic development in lieu of the development set

9 forth in that subparagraph if such alternative

10 development will have no greater environmental

11 impact than the development set forth in that

12 subparagraph.

13 (C) RIGHT-OF-WAY.—The Tribe shall have a

14 right-of-way for ingress and egress on Highway

15 190 in California.

16 (4) LIMITATIONS ON IMPACT ON MINING

17 CLAIMS.—Nothing in this Act shall be construed as

18 terminating any valid mining claim existing on the

19 date of enactment of this Act on the land described in

20 paragraph (1)(E). Any person with such an existing

21 mining claim shall have all the rights incident to

22 mining claims, including the rights of ingress and

23 egress on the land described in paragraph (1)(E).

24 Any person with such an existing mining claim shall

25 have the right to occupy and use so much of the sur-
26

•S 2102 RS

1 face of the land as is required for all purposes reason2 ably necessary to mine and remove the minerals from

3 the land, including the removal of timber for mining

4 purposes. Such a mining claim shall terminate when

5 the claim is determined to be invalid or is abandoned.

6 (c) LEGAL DESCRIPTIONS.—Not later than 1 year

7 after the date of enactment of this Act, the Secretary shall

8 file a legal description of the areas described in subsection

9 (b) with the Committee on Resources of the House of Rep10 resentatives and with the Committee on Indian Affairs and

11 the Committee on Energy and Natural Resources of the Sen12 ate. Such legal description shall have the same force and

13 effect as if the information contained in the description

14 were included in that subsection except that the Secretary

15 may correct clerical and typographical errors in such legal

16 description and in the maps referred to in the legal descrip17 tion. The legal description shall be on file and available

18 for public inspection in the offices of the National Park

19 Service and the Bureau of Land Management.

20 (d) ADDITIONAL TRUST RESOURCES.—The Secretary

21 may purchase from willing sellers the following parcels and

22 appurtenant water rights, or the water rights separately,

23 to be taken into trust for the Tribe:

24 (1) Indian Rancheria Site, California, an area

25 of approximately 120 acres, as generally depicted on
27

•S 2102 RS

1 the map entitled ‘‘Indian Rancheria Site, California’’

2 numbered Map #6 and dated December 3, 1999.

3 (2) Lida Ranch, Nevada, an area of approxi4 mately 2,340 acres, as generally depicted on the map

5 entitled ‘‘Lida Ranch’’ numbered Map #7 and dated

6 April 6, 2000, or another parcel mutually agreed

7 upon by the Secretary and the Tribe.

8 (e) SPECIAL USE AREAS.—

9 (1) IN GENERAL.—The areas described in this

10 subsection shall be nonexclusive special use areas for

11 the Tribe, subject to other Federal law. Members of the

12 Tribe are authorized to use these areas for low im13 pact, ecologically sustainable, traditional practices

14 pursuant to a jointly established management plan

15 mutually agreed upon by the Tribe, and by the Na16 tional Park Service or the Bureau of Land Manage17 ment, as appropriate. All maps referred to in para18 graph (4) shall be on file and available for public in19 spection in the offices of the National Park Service

20 and Bureau of Land Management.

21 (2) RECOGNITION OF THE HISTORY AND CUL22 TURE OF THE TRIBE.—In the special use areas, in

23 recognition of the significant contributions the Tribe

24 has made to the history, ecology, and culture of the

25 Park and to ensure that the visitor experience in the
28

•S 2102 RS

1 Park will be enhanced by the increased and continued

2 presence of the Tribe, the Secretary shall permit the

3 Tribe’s continued use of Park resources for traditional

4 tribal purposes, practices, and activities.

5 (3) RESOURCE USE BY THE TRIBE.—In the spe6 cial use areas, any use of Park resources by the Tribe

7 for traditional purposes, practices, and activities

8 shall not include the taking of wildlife and shall not

9 be in derogation of purposes and values for which the

10 Park was established.

11 (4) SPECIFIC AREAS.—The following areas are

12 designated special use areas pursuant to paragraph

13 (1):

14 (A) MESQUITE USE AREA.—The area gen15 erally depicted on the map entitled ‘‘Mesquite

16 Use Area’’ numbered Map #8 and dated April

17 12, 2000. The Tribe may use this area for proc18 essing mesquite using traditional plant manage19 ment techniques such as thinning, pruning, har20 vesting, removing excess sand, and removing ex21 otic species. The National Park Service may

22 limit and condition, but not prohibit entirely,

23 public use of this area or parts of this area, in

24 consultation with the Tribe. This area shall be

25 managed in accordance with the jointly estab-
29

•S 2102 RS

1 lished management plan referred to in para2 graph (1).

3 (B) BUFFER AREA.—An area of approxi4 mately 1,500 acres, as generally depicted on the

5 map entitled ‘‘Buffer Area’’ numbered Map #8

6 and dated April 12, 2000. The National Park

7 Service shall restrict visitor use of this area to

8 protect the privacy of the Tribe and to provide

9 an opportunity for the Tribe to conduct commu10 nity affairs without undue disruption from the

11 public.

12 (C) TIMBISHA SHOSHONE NATURAL AND

13 CULTURAL PRESERVATION AREA.—An area that

14 primarily consists of Park lands and also a

15 small portion of Bureau of Land Management

16 land in California, as generally depicted on the

17 map entitled ‘‘Timbisha Shoshone Natural and

18 Cultural Preservation Area’’ numbered Map #9

19 and dated April 12, 2000.

20 (5) ADDITIONAL PROVISIONS.—With respect to

21 the Timbisha Shoshone Natural and Cultural Preser22 vation Area designated in paragraph (4)(C)—

23 (A) the Tribe may establish and maintain

24 a tribal resource management field office, garage,

25 and storage area, all within the area of the exist-
30

•S 2102 RS

1 ing ranger station at Wildrose (existing as of the

2 date of enactment of this Act);

3 (B) the Tribe also may use traditional

4 camps for tribal members at Wildrose and

5 Hunter Mountain in accordance with the jointly

6 established management plan referred to in

7 paragraph (1);

8 (C) the area shall be depicted on maps of

9 the Park and Bureau of Land Management that

10 are provided for general visitor use;

11 (D) the National Park Service and the Bu12 reau of Land Management shall accommodate

13 access by the Tribe to and use by the Tribe of—

14 (i) the area (including portions de15 scribed in subparagraph (E)) for tradi16 tional cultural and religious activities, in a

17 manner consistent with the purpose and in18 tent of Public Law 95–341 (commonly

19 known as the ‘‘American Indian Religious

20 Freedom Act’’) (42 U.S.C. 1996 et seq.); and

21 (ii) areas designated as wilderness (in22 cluding portions described in subparagraph

23 (E)), in a manner consistent with the pur24 pose and intent of the Wilderness Act (16

25 U.S.C. 1131 et seq.); and
31

•S 2102 RS

1 (E)(i) on the request of the Tribe, the Na2 tional Park Service and the Bureau of Land

3 Management shall temporarily close to the gen4 eral public, 1 or more specific portions of the

5 area in order to protect the privacy of tribal

6 members engaging in traditional cultural and

7 religious activities in those portions; and

8 (ii) any such closure shall be made in a

9 manner that affects the smallest practicable area

10 for the minimum period necessary for the pur11 poses described in clause (i).

12 (f) ACCESS AND USE.—Members of the Tribe shall have

13 the right to enter and use the Park without payment of any

14 fee for admission into the Park.

15 (g) ADMINISTRATION.—The trust lands shall constitute

16 the Timbisha Shoshone Reservation and shall be adminis17 tered pursuant to the laws and regulations applicable to

18 other Indian trust lands, except as otherwise provided in

19 this Act.

20 SEC. 6. IMPLEMENTATION PROCESS.

21 (a) GOVERNMENT-TO-GOVERNMENT AGREEMENTS.—

22 In order to fulfill the purposes of this Act and to establish

23 cooperative partnerships for purposes of this Act, the Na24 tional Park Service, the Bureau of Land Management, and

25 the Tribe shall enter into government-to-government con-
32

•S 2102 RS

1 sultations and shall develop protocols to review planned de2 velopment in the Park. The National Park Service and the

3 Bureau of Land Management are authorized to enter into

4 cooperative agreements with the Tribe for the purpose of

5 providing training on the interpretation, management, pro6 tection, and preservation of the natural and cultural re7 sources of the areas designated for special uses by the Tribe

8 in section 5(e)(4).

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

10 Tribe shall develop mutually agreed upon standards for

11 size, impact, and design for use in planning, resource pro12 tection, and development of the Furnace Creek area and for

13 the facilities at Wildrose. The standards shall be based on

14 standards for recognized best practices for environmental

15 sustainability and shall not be less restrictive than the envi16 ronmental standards applied within the National Park

17 System at any given time. Development in the area shall

18 be conducted in a manner consistent with the standards,

19 which shall be reviewed periodically and revised as nec20 essary.

21 SEC. 7. MISCELLANEOUS PROVISIONS.

22 (a) TRIBAL EMPLOYMENT.—In employing individuals

23 to perform any construction, maintenance, interpretation,

24 or other service in the Park, the Secretary shall, insofar
33

•S 2102 RS

1 as practicable, give first preference to qualified members of

2 the Tribe.

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

4 Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)

5 shall be prohibited on trust lands within the Park.

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

7 the Tribe pursuant to section 5, except for the Park land

8 described in subsections (b)(1)(A) and (d)(1) of such section,

9 shall be considered to be the Tribe’s initial reservation for

10 purposes of section 20(b)(1)(B)(ii) of the Indian Gaming

11 Regulatory Act (25 U.S.C. 2719(b)(1)(B)(ii)).

12 (d) TRIBAL JURISDICTION OVER TRUST LANDS.—All

13 trust lands that are transferred under this Act and located

14 within California shall be exempt from section 1162 of title

15 18, United States Code, and section 1360 of title 28, United

16 States Code, upon the certification by the Secretary, after

17 consultation with the Attorney General, that the law en18 forcement system in place for such lands will be adequate

19 to provide for the public safety and the public interest, ex20 cept that no such certification may take effect until the ex21 piration of the 3-year period beginning on the date of enact22 ment of this Act.

23 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

24 There are authorized to be appropriated to carry out

25 this Act such sums as may be necessary.
Calendar No. 661

106TH CONGRESS

2D SESSION S. 2102

[Report No. 106–327]

A BILL

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

and for other purposes.

JUNE 30, 2000

Reported with an amendment