[106th Congress Public Law 423]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ423.106]
[[Page 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. <<NOTE: Nov. 1,
2000 - [S. 2102]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE. <<NOTE: Timbisha Shoshone Homeland
Act. California. Nevada. Historic preservation. 16 USC
410aaa note.>>
This Act may be cited as the ``Timbisha Shoshone Homeland Act''.
SEC. 2. FINDINGS. <<NOTE: 16 USC 410aaa note.>>
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. <<NOTE: 16 USC 410aaa note.>>
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--
[[Page 114 STAT. 1876]]
(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. <<NOTE: 16 USC 410aaa note.>>
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. <<NOTE: 16 USC 410aaa note.>>
(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.--
[[Page 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,
California, an area of 313.99 acres for community
development, residential development, historic
restoration, and visitor-related economic development,
depicted as Tract 37 on the map of Township 27 North,
Range 1 East, of the San Bernardino Meridian,
California, numbered Map #1 and dated December 2, 1999,
together with 92 acre feet per annum of surface and
ground water for the purposes associated with the
transfer of such lands. This area shall include a 25-
acre, nondevelopment zone at the north end of the area
and an Adobe Restoration zone containing several
historic adobe homes, which shall be managed by the
Tribe as a tribal historic district.
(B) Death Valley Junction, California, an area of
approximately 1,000 acres, as generally depicted on the
map entitled ``Death Valley Junction, California'',
numbered Map #2 and dated April 12, 2000, together with
15.1 acre feet per annum of ground water for the
purposes associated with the transfer of such lands.
(C)(i) Centennial, California, an area of
approximately 640 acres, as generally depicted on the
map entitled ``Centennial, California'', numbered Map #3
and dated April 12, 2000, together with an amount of
ground water not to exceed 10 acre feet per annum for
the purposes associated with the transfer of such lands.
(ii) If the Secretary determines that there is
insufficient ground water available on the lands
described in clause (i) to satisfy the Tribe's right to
ground water to fulfill the purposes associated with the
transfer of such lands, then the Tribe and the Secretary
shall, within 2 years of such determination, identify
approximately 640 acres of land that are administered by
the Bureau of Land Management in that portion of Inyo
County, California, to the north and east of the China
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
[[Page 114 STAT. 1878]]
feet per annum of ground water for the purposes
associated with the transfer of such lands.
(2) Water rights.--The priority date of the Federal water
rights described in subparagraphs (A) through (E) of paragraph
(1) shall be the date of enactment of this Act, and such Federal
water rights shall be junior to Federal and State water rights
existing on such date of enactment. Such Federal water rights
shall not be subject to relinquishment, forfeiture or
abandonment.
(3) Limitations on furnace creek area development.--
(A) Development.--Recognizing the mutual interests
and responsibilities of the Tribe and the National Park
Service in and for the conservation and protection of
the resources in the area described in paragraph (1),
development in the area shall be limited to--
(i) for purposes of community and residential
development--
(I) a maximum of 50 single-family
residences; and
(II) a tribal community center with
space for tribal offices, recreation
facilities, a multipurpose room and
kitchen, and senior and youth
facilities;
(ii) for purposes of economic development--
(I) a small-to-moderate desert inn;
and
(II) a tribal museum and cultural
center with a gift shop; and
(iii) the infrastructure necessary to support
the level of development described in clauses (i)
and (ii).
(B) Exception.--Notwithstanding the provisions of
subparagraph (A)(ii), the National Park Service and the
Tribe are authorized to negotiate mutually agreed upon,
visitor-related economic development in lieu of the
development set forth in that subparagraph if such
alternative development will have no greater
environmental impact than the development set forth in
that subparagraph.
(C) Right-of-way.--The Tribe shall have a right-of-
way for ingress and egress on Highway 190 in California.
(4) Limitations on impact on mining claims.--Nothing in this
Act shall be construed as terminating any valid mining claim
existing on the date of enactment of this Act on the land
described in paragraph (1)(E). Any person with such an existing
mining claim shall have all the rights incident to mining
claims, including the rights of ingress and egress on the land
described in paragraph (1)(E). Any person with such an existing
mining claim shall have the right to occupy and use so much of
the surface of the land as is required for all purposes
reasonably necessary to mine and remove the minerals from the
land, including the removal of timber for mining purposes. Such
a mining claim shall terminate when the claim is determined to
be invalid or is abandoned.
(c) <<NOTE: Deadline.>> 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
[[Page 114 STAT. 1879]]
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).
[[Page 114 STAT. 1880]]
(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.
[[Page 114 STAT. 1881]]
SEC. 6. IMPLEMENTATION PROCESS. <<NOTE: 16 USC 410aaa note.>>
(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. <<NOTE: 16 USC 410aaa note.>>
(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) <<NOTE: Effective date.>> 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.
[[Page 114 STAT. 1882]]
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. <<NOTE: 16 USC 410aaa note.>>
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:
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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.
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