I
106TH CONGRESS
2D SESSION
H. R. 5322
To provide to the Timbisha Shoshone Tribe a permanent land base within
its aboriginal homeland, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 27, 2000
Mr. LEWIS of California (for himself, Mrs. BONO, and Mr. CALVERT) intro-
duced the following bill; which was referred to the Committee on Re-
sources
A BILL
To provide to the Timbisha Shoshone Tribe a permanent
land base within its aboriginal homeland, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives 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 Sho-
shone 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 ad-
ministered by the Bureau of Land Management.
(2) Since 1936, the Tribe has lived and gov-
erned 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 occu-
pancy of the Furnace Creek area, the Tribe’s mem-
bership has grown. Tribal members have a desire
and need for housing, government and administra-
tive facilities, cultural facilities, and sustainable eco-
nomic development to provide decent, safe, and
healthy conditions for themselves and their families.
(5) The interests of both the Tribe and the Na-
tional Park Service would be enhanced by recog-
nizing their coexistence on the same land and by es-
tablishing partnerships for compatible land uses and
for the interpretation of the Tribe’s history and cul-
ture for visitors to the Park.
(6) The interests of both the Tribe and the
United States would be enhanced by the establish-
ment of a land base for the Tribe and by further de-
lineation 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 Protec-
tion 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 in-
volving 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 eco-
nomically 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 pur-
chase 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 Indi-
ans 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 prop-
erty, including improvements and appurtenances, de-
scribed 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 Na-
tional Park Service and the Bureau of Land Management.
(b) PARK LANDS AND BUREAU OF LAND MANAGE-
MENT 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 develop-
ment, 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 as-
sociated 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 pur-
poses 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 pur-
poses 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 ad-
ministered 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 associ-
ated with the transfer of the lands described in
the preceding sentence, then the Tribe shall re-
quest 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 de-
picted 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 associ-
ated 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 pur-
poses 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 relin-
quishment, forfeiture, or abandonment.
(3) LIMITATIONS
ON
FURNACE
CREEK
AREA
DEVELOPMENT.—
(A) DEVELOPMENT.—Recognizing the mu-
tual 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), develop-
ment in the area shall be limited to—
(i) purposes of community and resi-
dential development—
(I) a maximum of 50 single-fam-
ily residences; and
(II) a tribal community center
with space for tribal offices, recreation
facilities, a multipurpose room and
kitchen, and senior and youth facili-
ties;
(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 develop-
ment set forth in that subparagraph if such al-
ternative development will have no greater envi-
ronmental 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 High-
way 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
available for public inspection in the offices of the Na-
tional Park Service and the Bureau of Land Management.
(d) ADDITIONAL
TRUST
RESOURCES.—The Sec-
retary may purchase from willing sellers the following par-
cels and appurtenant water rights, or the water rights sep-
arately, 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 approxi-
mately 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 Na-
tional Park Service or the Bureau of Land Manage-
ment, as appropriate. All maps referred to in para-
graph (4) shall be on file and available for public in-
spection in the offices of the National Park Service
and Bureau of Land Management.
(2) RECOGNITION OF THE HISTORY AND CUL-
TURE 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 contin-
ued presence of the Tribe, the Secretary shall permit
the Tribe’s continued use of Park resources for tra-
ditional 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 activi-
ties 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 gen-
erally 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, prun-
ing, harvesting, removing excess sand, and re-
moving exotic species. The National Park Serv-
ice 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 approxi-
mately 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 commu-
nity 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 Pres-
ervation Area designated in paragraph (4)(C)—
(A) the Tribe may establish and maintain
a tribal resource management field office, ga-
rage, 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 Bu-
reau of Land Management shall accommodate
access by the Tribe to and use by the Tribe
of—
(i) the area (including portions de-
scribed in subparagraph (E)) for tradi-
tional 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 (in-
cluding portions described in subparagraph
(E)), in a manner consistent with the pur-
pose and intent of the Wilderness Act (16
U.S.C. 1131 et seq.); and
(E)(i) on the request of the Tribe, the Na-
tional Park Service and the Bureau of Land
Management shall temporarily close to the gen-
eral 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 con-
stitute the Timbisha Shoshone Reservation and shall be
administered pursuant to the laws and regulations appli-
cable to other Indian trust lands, except as otherwise pro-
vided in this Act.
SEC. 6. IMPLEMENTATION PROCESS.
(a) 
GOVERNMENT-TO-GOVERNMENT
AGREE-
MENTS.—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 Man-
agement, 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 inter-
pretation, 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 pro-
tection, 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 environ-
mental 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 stand-
ards, 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 moni-
toring 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.—Class II gaming and class III gaming
as defined and regulated by the Indian Gaming Regu-
latory 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 res-
ervation for purposes of section 20(b)(1)(B)(ii) of the In-
dian 
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 Sec-
retary, 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.
Æ