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] ...
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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