Text: S.2102 — 106th Congress (1999-2000)All Information (Except Text)

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Enrolled Bill

 
[Congressional Bills 106th Congress]
[From the U.S. Government Printing Office]
[S. 2102 Enrolled Bill (ENR)]

        S.2102

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
 To provide to the Timbisha Shoshone Tribe a permanent land base within 
            its aboriginal homeland, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Timbisha Shoshone Homeland Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
        (1) Since time immemorial, the Timbisha Shoshone Tribe has 
    lived in portions of California and Nevada. The Tribe's ancestral 
    homeland includes the area that now comprises Death Valley National 
    Park and other areas of California and Nevada now administered by 
    the Bureau of Land Management.
        (2) Since 1936, the Tribe has lived and governed the affairs of 
    the Tribe on approximately 40 acres of land near Furnace Creek in 
    the Park.
        (3) The Tribe achieved Federal recognition in 1983 but does not 
    have a land base within the Tribe's ancestral homeland.
        (4) Since the Tribe commenced use and occupancy of the Furnace 
    Creek area, the Tribe's membership has grown. Tribal members have a 
    desire and need for housing, government and administrative 
    facilities, cultural facilities, and sustainable economic 
    development to provide decent, safe, and healthy conditions for 
    themselves and their families.
        (5) The interests of both the Tribe and the National Park 
    Service would be enhanced by recognizing their coexistence on the 
    same land and by establishing partnerships for compatible land uses 
    and for the interpretation of the Tribe's history and culture for 
    visitors to the Park.
        (6) The interests of both the Tribe and the United States would 
    be enhanced by the establishment of a land base for the Tribe and 
    by further delineation of the rights and obligations of each with 
    respect to the Furnace Creek area and to the Park as a whole.

SEC. 3. PURPOSES.

    Consistent with the recommendations of the report required by 
section 705(b) of the California Desert Protection Act of 1994 (Public 
Law 103-433; 108 Stat. 4498), the purposes of this Act are--
        (1) to provide in trust to the Tribe land on which the Tribe 
    can live permanently and govern the Tribe's affairs in a modern 
    community within the ancestral homeland of the Tribe outside and 
    within the Park;
        (2) to formally recognize the contributions by the Tribe to the 
    history, culture, and ecology of the Park and surrounding area;
        (3) to ensure that the resources within the Park are protected 
    and enhanced by--
            (A) cooperative activities within the Tribe's ancestral 
        homeland; and
            (B) partnerships between the Tribe and the National Park 
        Service and partnerships involving the Bureau of Land 
        Management;
        (4) to ensure that such activities are not in derogation of the 
    purposes and values for which the Park was established;
        (5) to provide opportunities for a richer visitor experience at 
    the Park through direct interactions between visitors and the Tribe 
    including guided tours, interpretation, and the establishment of a 
    tribal museum and cultural center;
        (6) to provide appropriate opportunities for economically 
    viable and ecologically sustainable visitor-related development, by 
    the Tribe within the Park, that is not in derogation of the 
    purposes and values for which the Park was established; and
        (7) to provide trust lands for the Tribe in 4 separate parcels 
    of land that is now managed by the Bureau of Land Management and 
    authorize the purchase of 2 parcels now held in private ownership 
    to be taken into trust for the Tribe.

SEC. 4. DEFINITIONS.

    In this Act:
        (1) Park.--The term ``Park'' means Death Valley National Park, 
    including any additions to that Park.
        (2) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior or the designee of the Secretary.
        (3) Tribal.--The term ``tribal'' means of or pertaining to the 
    Tribe.
        (4) Tribe.--The term ``Tribe'' means the Timbisha Shoshone 
    Tribe, a tribe of American Indians recognized by the United States 
    pursuant to part 83 of title 25, Code of Federal Regulations (or 
    any corresponding similar regulation or ruling).
        (5) Trust lands.--The term ``trust lands'' means those lands 
    taken into trust pursuant to this Act.
SEC. 5. TRIBAL RIGHTS AND AUTHORITY ON THE TIMBISHA SHOSHONE HOMELAND.
    (a) In General.--Subject to valid existing rights (existing on the 
date of enactment of this Act), all right, title, and interest of the 
United States in and to the lands, including improvements and 
appurtenances, described in subsection (b) are declared to be held in 
trust by the United States for the benefit of the Tribe. All maps 
referred to in subsection (b) shall be on file and available for public 
inspection in the appropriate offices of the National Park Service and 
the Bureau of Land Management.
    (b) Park Lands and Bureau of Land Management Lands Described.--
        (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 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) 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 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).
            (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.

SEC. 6. IMPLEMENTATION PROCESS.

    (a) Government-to-Government Agreements.--In order to fulfill the 
purposes of this Act and to establish cooperative partnerships for 
purposes of this Act, the National Park Service, the Bureau of Land 
Management, and the Tribe shall enter into government-to-government 
consultations and shall develop protocols to review planned development 
in the Park. The National Park Service and the Bureau of Land 
Management are authorized to enter into cooperative agreements with the 
Tribe for the purpose of providing training on the interpretation, 
management, protection, and preservation of the natural and cultural 
resources of the areas designated for special uses by the Tribe in 
section 5(e)(4).
    (b) Standards.--The National Park Service and the Tribe shall 
develop mutually agreed upon standards for size, impact, and design for 
use in planning, resource protection, and development of the Furnace 
Creek area and for the facilities at Wildrose. The standards shall be 
based on standards for recognized best practices for environmental 
sustainability and shall not be less restrictive than the environmental 
standards applied within the National Park System at any given time. 
Development in the area shall be conducted in a manner consistent with 
the standards, which shall be reviewed periodically and revised as 
necessary.
    (c) Water Monitoring.--The Secretary and the Tribe shall develop 
mutually agreed upon standards for a water monitoring system to assess 
the effects of water use at Scotty's Junction and at Death Valley 
Junction on the tribal trust lands described in subparagraphs (A), (B), 
and (D) of section 5(b)(1), and on the Park. Water monitoring shall be 
conducted in a manner that is consistent with such standards, which 
shall be reviewed periodically and revised as necessary.

SEC. 7. MISCELLANEOUS PROVISIONS.

    (a) Tribal Employment.--In employing individuals to perform any 
construction, maintenance, interpretation, or other service in the 
Park, the Secretary shall, insofar as practicable, give first 
preference to qualified members of the Tribe.
    (b) Gaming.--Gaming as defined and regulated by the Indian Gaming 
Regulatory Act (25 U.S.C. 2701 et seq.) shall be prohibited on trust 
lands within the Park.
    (c) Initial Reservation.--Lands taken into trust for the Tribe 
pursuant to section 5, except for the Park land described in 
subsections (b)(1)(A) and (d)(1) of such section, shall be considered 
to be the Tribe's initial reservation for purposes of section 
20(b)(1)(B)(ii) of the Indian Gaming Regulatory Act (25 U.S.C. 
2719(b)(1)(B)(ii)).
    (d) Tribal Jurisdiction Over Trust Lands.--All trust lands that are 
transferred under this Act and located within California shall be 
exempt from section 1162 of title 18, United States Code, and section 
1360 of title 28, United States Code, upon the certification by the 
Secretary, after consultation with the Attorney General, that the law 
enforcement system in place for such lands will be adequate to provide 
for the public safety and the public interest, except that no such 
certification may take effect until the expiration of the 3-year period 
beginning on the date of enactment of this Act.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act such 
sums as may be necessary.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.