Home > 106th Congressional Bills > S. 2103 (is) To amend the Internal Revenue Code of 1986 to provide equitable treatment for associations which prepare for or mitigate the effects of natural disasters. [Introduced in Senate] ...

S. 2103 (is) To amend the Internal Revenue Code of 1986 to provide equitable treatment for associations which prepare for or mitigate the effects of natural disasters. [Introduced in Senate] ...


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                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Timbisha Shoshone Homeland 
Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) The Tribe achieved Federal recognition in 1983 
        but does not have a land base within the Tribe's ancestral 
        homeland.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. PURPOSES.</DELETED>

<DELETED>    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--
</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) to formally recognize the contributions by the 
        Tribe to the history, culture, and ecology of the Park and 
        surrounding area;</DELETED>
        <DELETED>    (3) to ensure that the resources within the Park 
        are protected and enhanced by--</DELETED>
                <DELETED>    (A) cooperative activities within the 
                Tribe's ancestral homeland; and</DELETED>
                <DELETED>    (B) partnerships between the Tribe and the 
                National Park Service and partnerships involving the 
                Bureau of Land Management;</DELETED>
        <DELETED>    (4) to ensure that such activities are not in 
        derogation of the purposes and values for which the Park was 
        established;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 4. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Park.--The term ``Park'' means Death Valley 
        National Park, including any additions to that Park.</DELETED>
        <DELETED>    (2) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior or the designee of the 
        Secretary.</DELETED>
        <DELETED>    (3) Tribal.--The term ``tribal'' means of or 
        pertaining to the Tribe.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (5) Trust lands.--The term ``trust lands'' means 
        those lands taken into trust pursuant to this Act.</DELETED>

<DELETED>SEC. 5. TRIBAL RIGHTS AND AUTHORITY ON THE TIMBISHA SHOSHONE 
              HOMELAND.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Park Lands and Bureau of Land Management Lands 
Described.--</DELETED>
        <DELETED>    (1) In general.--The following lands shall be held 
        in trust for the Tribe pursuant to subsection (a):</DELETED>
                <DELETED>    (A) Furnace Creek, Death Valley National 
                Park, California, an area of approximately 300 acres 
                for community development, residential development, 
                historic restoration, and visitor-related economic 
                development, as generally depicted on the map entitled 
                ``Community Development at Furnace Creek, Death Valley 
                National Park'', numbered Map #1 and dated December 3, 
                1999. 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.</DELETED>
                <DELETED>    (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 December 3, 
                1999.</DELETED>
                <DELETED>    (C) Centennial, California, an area of 
                approximately 640 acres, as generally depicted on the 
                map entitled ``Centennial, California'', numbered Map 
                #3 and dated December 3, 1999.</DELETED>
                <DELETED>    (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 December 3, 1999.</DELETED>
                <DELETED>    (E) Lida, Nevada, Community Parcel, an 
                area of approximately 2,800 acres, as generally 
                depicted on the map entitled ``Lida, Nevada, Community 
                Parcel'', numbered Map #5 and dated December 3, 
                1999.</DELETED>
        <DELETED>    (2) Limitations on furnace creek area 
        development.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) for purposes of community and 
                        residential development--</DELETED>
                                <DELETED>    (I) a maximum of 50 
                                single-family residences; and</DELETED>
                                <DELETED>    (II) a tribal community 
                                center with space for tribal offices, 
                                recreation facilities, a multipurpose 
                                room and kitchen, and senior and youth 
                                facilities;</DELETED>
                        <DELETED>    (ii) for purposes of economic 
                        development--</DELETED>
                                <DELETED>    (I) a small-to-moderate 
                                desert inn; and</DELETED>
                                <DELETED>    (II) a tribal museum and 
                                cultural center with a gift shop; 
                                and</DELETED>
                        <DELETED>    (iii) the infrastructure necessary 
                        to support the level of development described 
                        in clauses (i) and (ii).</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (C) Right-of-way.--The Tribe shall have a 
                right-of-way for ingress and egress on Highway 190 in 
                California.</DELETED>
        <DELETED>    (3) 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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (1) Indian Rancheria Site, California, an area of 
        approximately 120 acres, as generally depicted on the map 
        entitled ``Indian Rancheria Site, California'' numbered 
        </DELETED>____ <DELETED>and dated 
        </DELETED>__________<DELETED>.</DELETED>
        <DELETED>    (2) Lida Ranch, Nevada, an area of approximately 
        2,340 acres, as generally depicted on the map entitled ``Lida 
        Ranch'' numbered </DELETED>____ <DELETED>and dated 
        </DELETED>__________<DELETED>, or another parcel mutually 
        agreed upon by the Secretary and the Tribe.</DELETED>
<DELETED>    (e) Special Use Areas.--</DELETED>
        <DELETED>    (1) In general.--The National Park Service and the 
        Bureau of Land Management are authorized to designate the areas 
        described in this subsection as 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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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 be in derogation 
        of purposes and values for which the Park was 
        established.</DELETED>
        <DELETED>    (4) Specific areas.--The following areas are 
        designated special use areas pursuant to paragraph 
        (1):</DELETED>
                <DELETED>    (A) Mesquite use area.--The area generally 
                depicted on the map entitled ``Mesquite Use Area'' 
                numbered </DELETED>____ <DELETED>and dated 
                </DELETED>__________<DELETED>. 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 to prohibit entirely, public use of 

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