Timbisha Shoshone Homeland Act
PL 106-423 (S.2102), enacted 11/01/2000

PUBLIC LAW 106-423—NOV. 1, 2000 
114 STAT. 1875 
Public Law 106-423 
106th Congress 
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 home-
land. 
(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 eco-
nomic development to provide decent, safe, and healthy condi-
tions 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 compat-
ible 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 obliga-
tions 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— 
Nov. 1, 2000 
[S. 2102] 
Timbisha 
Shoshone 
Homeland Act. 
California. 
Nevada. 
Historic 
preservation. 
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114 STAT. 1876 
PUBLIC LAW 106-423—NOV. 1, 2000 
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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 pro-
tected 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 Manage-
ment 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) SEeRETARY.—^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 Regula-
tions (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 SHO-
SHONE 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 
DESeRIBED.— 
PUBLIC LAW 106-423—NOV. 1, 2000 
114 STAT. 1877 
(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, Cali-
fornia, 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 sev-
eral 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 associ-
ated 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) Scottys Junction, Nevada, an area of approximately 
2,800 acres, as generally depicted on the map entitled 
"Scottys 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 
114 STAT. 1878 
PUBLIC LAW 106-423—NOV. 1, 2000 
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 abandon-
ment. 
(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), develop-
ment 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 develop-
ment 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. 
Deadline. 
(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 
PUBLIC LAW 106-423—NOV. 1, 2000 
114 STAT. 1879 
same force and effect as if the information contained in the descrip-
tion were included in that subsection except that the Secretary 
may correct clerical and typographical errors in such legal descrip-
tion 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 pur-
chase 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 approxi-
mately 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 manage-
ment 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, har-
vesting, 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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PUBLIC LAW 106-423—NOV. 1, 2000 
(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 oppor-
tunity 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 o
f
— 
(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 por-
tions described in subparagraph (E)), in a manner con-
sistent 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 tempo-
rarily 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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114 STAT. 1881 
SEC. 6. IMPLEMENTATION PROCESS. 
(a) GOVERNMENT-TO-GOVERNMENT AGREEMENTS.—In order to 
fulfill the purposes of this Act and to establish cooperative partner-
ships for purposes of this Act, the National Park Service, the 
Bureau of Land Management, and the Tribe shall enter into govem-
ment-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 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 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 Scott^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 sub-
sections (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)(l)(B)(ii) of the Indian Gaming Regulatory Act (25 U.S.C. 
2719(b)(l)(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 certifi-
cation by the Secretary, after consultation with the Attorney Gen-
eral, 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 enact-
ment of this Act. 
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Effective date. 
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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. 
Approved November 1, 2000. 
LEGISLATIVE HISTORY—S. 2102: 
SENATE REPORTS: No. 106-327 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
July 19, considered and passed Senate. 
Oct. 17, considered and passed House.