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(continued)
agreements, as appropriate, such financial and technical assistance
to mark, interpret, and restore non-Federal properties within the
park as the Secretary determines appropriate to carry out the
purposes of this subchapter, provided that -
(1) the Secretary, acting through the National Park Service,
shall have right of access at reasonable times to public portions
of the property covered by such agreement for the purpose of
conducting visitors through such properties and interpreting them
to the public; and
(2) no changes or alterations shall be made in such properties
except by mutual agreement between the Secretary and the other
parties to the agreements.
(b) Matching funds
Funds authorized to be appropriated to the Secretary for the
purposes of this section shall be expended in the ratio of $1 of
Federal funds for each $4 of funds contributed by non-Federal
sources. For the purposes of this subsection, the Secretary is
authorized to accept from non-Federal sources, and to utilize for
purposes of this subchapter, any money so contributed. Donations of
land, or interests in land, by the State of Michigan may be
considered as a contribution from non-Federal sources for the
purposes of this subsection.

-SOURCE-
(Pub. L. 102-543, Sec. 8, Oct. 27, 1992, 106 Stat. 3571.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 410yy-8, 410yy-9 of this
title.

-End-



-CITE-
16 USC Sec. 410yy-8 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09W - KEWEENAW NATIONAL HISTORICAL PARK

-HEAD-
Sec. 410yy-8. Keweenaw National Historical Park Advisory Commission

-STATUTE-
(a) Establishment and duties
There is established the Keweenaw National Historical Park
Advisory Commission. The Commission shall -
(1) advise the Secretary in the preparation and implementation
of a general management plan described in section 410yy-5 of this
title;
(2) advise the Secretary on the development of and priorities
for implementing standards and criteria by which the Secretary,
pursuant to agreements referred to in sections 410yy-6 and
410yy-7 of this title, will provide financial as well as
technical assistance to owners of non-Federal properties within
the park;
(3) advise the Secretary on the development of rules governing
the disbursal of funds for the development of non-Federal
properties;
(4) advise the Secretary with respect to the selection of sites
for interpretation and preservation by means of cooperative
agreements pursuant to section 410yy-6 of this title;
(5) assist the Secretary in developing policies and programs
for the conservation and protection of the scenic, historical,
cultural, natural and technological values of the park which
would complement the purposes of this subchapter;
(6) assist the Secretary in coordinating with local governments
and the State of Michigan the implementation of the general
management plan, and furthering the purposes of this subchapter;
(7) be authorized to carry out historical, educational, or
cultural programs which encourage or enhance appreciation of the
historic resources in the park, surrounding areas, and on the
Keweenaw Peninsula; and
(8) be authorized to seek, accept, and dispose of gifts,
bequests, or donations of money, personal property, or services,
received from any source, consistent with the purposes of this
subchapter and the park management.
(b) Acquisition of property
(1) The Commission may acquire real property, or interests in
real property, to further the purposes of the subchapter by gift or
devise; or, by purchase from a willing seller with money which was
given or bequeathed to the Commission on the condition that such
money would be used to purchase real property, or interests in real
property, to further the purposes of this subchapter.
(2) For the purposes of section 170(c) of title 26, any gift to
the Commission shall be deemed to be a gift to the United States.
(3) Any real property or interest in real property acquired by
the Commission shall be conveyed by the Commission to the National
Park Service or the appropriate public agency as soon as possible
after such acquisition, without consideration, and on the condition
that the real property or interest in real property so conveyed is
used for public purposes.
(4) The value of funds or property, or interests in property,
conveyed to the National Park Service by the Commission may be
considered as non-Federal, at the Commission's discretion.
(c) Membership
(1) Composition
The Commission shall be composed of seven members appointed by
the Secretary, of whom -
(A) two members shall be appointed after consideration of
nominees submitted by the Calumet Village Council and the
Calumet Township Board;
(B) one member shall be appointed after consideration of
nominees submitted by the Quincy Township Board and the
Franklin Township Board;
(C) one member shall be appointed after consideration of
nominees submitted by the Houghton County Board of
Commissioners;
(D) one member shall be appointed after consideration of
nominees submitted by the Governor of the State of Michigan;
and,(!1)

(E) two members who are qualified to serve on the Commission
because of their familiarity with National Parks and historic
preservation.
(2) Chairperson
The chairperson of the Commission shall be elected by the
members to serve a term of 3 years.
(3) Vacancies
A vacancy on the Commission shall be filled in the same manner
in which the original appointment was made.
(4) Terms of service
(A) In general
Each member shall be appointed for a term of 3 years and may
be reappointed not more than three times.
(B) Initial members
Of the members first appointed under subsection (b)(1) of
this section, the Secretary shall appoint -
(i) two members for a term of 1 year;
(ii) two members for a term of 2 years; and
(iii) three members for a term of 3 years.
(5) Extended service
A member may serve after the expiration of that member's term
until a successor has taken office.
(6) Meetings
The Commission shall meet at least quarterly at the call of the
chairperson or a majority of the members of the Commission.
(7) Quorum
Five members shall constitute a quorum.
(d) Compensation
Members shall serve without pay. Members who are full-time
officers or employees of the United States, the State of Michigan,
or any political subdivision thereof shall receive no additional
pay on account of their service on the Commission.
(e) Travel expenses
While away from their homes or regular places of business in the
performance of services for the Commission, members shall be
allowed travel expenses, including per diem in lieu of subsistence,
in the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703 of title
5.
(f) Mails
The Commission may use the United States mails in the same manner
and under the same conditions as other departments and agencies of
the United States.
(g) Staff
The Commission may appoint and fix the pay of such personnel as
the Commission deems desirable. The Secretary may provide the
Commission with such staff and technical assistance as the
Secretary, after consultation with the Commission, considers
appropriate to enable the Commission to carry out its duties, on a
cost reimbursable basis. Upon request of the Secretary, any Federal
agency may provide information, personnel, property, and services
on a reimbursable basis, to the Commission to assist in carrying
out its duties under this section. The Secretary may accept the
services of personnel detailed from the State of Michigan or any
political subdivision of the State and reimburse the State or such
political subdivision for such services. The Commission may procure
additional temporary and intermittent services under section
3109(b) of title 5, with funds obtained under subsection (a)(6) of
this section, or as provided by the Secretary.
(h) Hearings
The Commission may, for the purpose of carrying out this
subchapter, hold such hearings, sit and act at such times and
places, take such testimony, and receive such evidence, as the
Commission considers appropriate. The Commission may not issue
subpoenas or exercise any subpoena authority.

-SOURCE-
(Pub. L. 102-543, Sec. 9, Oct. 27, 1992, 106 Stat. 3572; Pub. L.
106-134, Sec. 1, Dec. 7, 1999, 113 Stat. 1684.)


-MISC1-
AMENDMENTS
1999 - Subsec. (c)(1)(A) to (D). Pub. L. 106-134 substituted
"after consideration of nominees" for "from nominees".

TERMINATION OF ADVISORY COMMISSIONS
Advisory commissions established after Jan. 5, 1973, to terminate
not later than the expiration of the 2-year period beginning on the
date of their establishment, unless, in the case of a commission
established by the President or an officer of the Federal
Government, such commission is renewed by appropriate action prior
to the expiration of such 2-year period, or in the case of a
commission established by Congress, its duration is otherwise
provided for by law. See sections 3(2) and 14 of Pub. L. 92-463,
Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title
5, Government Organization and Employees.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 410yy-1 of this title.

-FOOTNOTE-


(!1) So in original. The comma probably should not appear.


-End-



-CITE-
16 USC Sec. 410yy-9 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09W - KEWEENAW NATIONAL HISTORICAL PARK

-HEAD-
Sec. 410yy-9. Authorization of appropriations

-STATUTE-
(a) Except as provided in subsection (b) of this section, there
are authorized to be appropriated such sums as may be necessary to
carry out this subchapter, but not to exceed $5,000,000 for the
acquisition of lands and interests therein, $25,000,000 for
development, and $3,000,000 for financial and technical assistance
to owners of non-Federal property as provided in section 410yy-7 of
this title.
(b) There are authorized to be appropriated annually to the
Commission to carry out its duties under this subchapter, $100,000
except that the Federal contribution to the Commission shall not
exceed 50 percent of the annual costs to the Commission in carrying
out those duties.

-SOURCE-
(Pub. L. 102-543, Sec. 10, Oct. 27, 1992, 106 Stat. 3574.)

-End-


-CITE-
16 USC SUBCHAPTER LIX-X - SAGUARO NATIONAL PARK 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09X - SAGUARO NATIONAL PARK

-HEAD-
SUBCHAPTER LIX-X - SAGUARO NATIONAL PARK

-End-



-CITE-
16 USC Sec. 410zz 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09X - SAGUARO NATIONAL PARK

-HEAD-
Sec. 410zz. Findings and purpose

-STATUTE-
The Congress finds that -
(1) the Saguaro National Monument was established by
Presidential Proclamation in 1933;
(2) the Tucson Mountain unit was established by Presidential
Proclamation in 1961;
(3) in recognition of the need to provide increased protection
for the monument, the boundaries of Tucson Mountain unit were
expanded in 1976, and the boundaries of Rincon unit were expanded
in 1991;
(4) the Tucson Mountain unit continues to face threats to the
integrity of its natural resources, scenic beauty, and habitat
protection for which the unit was established;
(5) these threats impede opportunities for public enjoyment,
education, and safety within the monument, as well as
opportunities for solitude within the wilderness areas of the
monument designated by Congress in 1976;
(6) the residential and commercial growth of the greater
Tucson, Arizona metropolitan area is causing increasing threats
to the monument's resources; and
(7) the Tucson Mountain unit should be enlarged by the addition
of adjacent lands of National Park caliber and Saguaro National
Monument should be afforded full recognition and statutory
protection as a National Park.

-SOURCE-
(Pub. L. 103-364, Sec. 2, Oct. 14, 1994, 108 Stat. 3467.)


-MISC1-
SHORT TITLE
Section 1 of Pub. L. 103-364 provided that: "This Act [enacting
this subchapter and amending provisions listed in a table of
National Monuments Established Under Presidential Proclamation set
out under section 431 of this title] may be cited as the 'Saguaro
National Park Establishment Act of 1994'."

-End-



-CITE-
16 USC Sec. 410zz-1 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09X - SAGUARO NATIONAL PARK

-HEAD-
Sec. 410zz-1. Establishment

-STATUTE-
There is hereby established the Saguaro National Park
(hereinafter in this subchapter referred to as the "park") in the
State of Arizona. The Saguaro National Monument is abolished as
such, and all lands and interests therein are hereby incorporated
within and made part of Saguaro National Park. Any reference to
Saguaro National Monument shall be deemed a reference to Saguaro
National Park, and any funds available for the purposes of the
monument shall be available for purposes of the park.

-SOURCE-
(Pub. L. 103-364, Sec. 3, Oct. 14, 1994, 108 Stat. 3467.)

-End-



-CITE-
16 USC Sec. 410zz-2 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09X - SAGUARO NATIONAL PARK

-HEAD-
Sec. 410zz-2. Expansion of boundaries

-STATUTE-
(a) In general
The boundaries of the park are hereby modified to reflect the
addition of approximately 3,460 acres of land and interests therein
as generally depicted on the map entitled "Saguaro National
Monument Additions" and dated April, 1994.
(b) Land acquisition
(1) Within the lands added to the park pursuant to subsection (a)
of this section, the Secretary is authorized to acquire lands and
interests therein by donation, purchase with donated or
appropriated funds, transfer, or exchange: Provided, That no such
lands or interests therein may be acquired without the consent of
the owner thereof unless the Secretary determines that the land is
being developed, or is proposed to be developed in a manner which
is determental (!1) to the integrity of the park.

(2) Lands or interests therein owned by the State of Arizona or a
political subdivision thereof may only be acquired by donation or
exchange.
(c) Withdrawal
Subject to valid existing rights, all Federal lands within the
park are hereby withdrawn from all forms of entry, appropriation,
or disposal under the public land laws, from location, entry, or
patent under the United States mining laws, and from disposition
under all laws relating to mineral and geothermal leasing, and
mineral materials, and all amendments thereto.

-SOURCE-
(Pub. L. 103-364, Sec. 4, Oct. 14, 1994, 108 Stat. 3468.)

-REFTEXT-
REFERENCES IN TEXT
The public land laws, referred to in subsec. (c), are classified
generally to Title 43, Public Lands.
The United States mining laws, referred to in subsec. (c), are
classified generally to Title 30, Mineral Lands and Mining.
Mineral leasing laws, referred to in subsec. (c), have been
defined in sections 351, 505, 530, and 541e of Title 30 to mean
acts Oct. 20, 1914, ch. 330, 38 Stat. 741; Feb. 25, 1920, ch. 85,
41 Stat. 437; Apr. 17, 1926, ch. 158, 44 Stat. 301; and Feb. 7,
1927, ch. 66, 44 Stat. 1057. The act of Oct. 20, 1914, was repealed
by Pub. L. 86-252, Sec. 1, Sept. 9, 1959, 73 Stat. 490. The act of
Feb. 25, 1920, is known as the Mineral Leasing Act and is
classified generally to chapter 3A (Sec. 181 et seq.) of Title 30.
The act of Apr. 17, 1926, is classified generally to subchapter
VIII (Sec. 271 et seq.) of chapter 3A of Title 30. The act of Feb.
7, 1927, is classified principally to subchapter IX (Sec. 281 et
seq.) of chapter 3A of Title 30. For complete classification of
these Acts to the Code, see Tables.
Geothermal leasing laws, referred to in subsec. (c), are
classified principally to chapter 23 (Sec. 1001 et seq.) of Title
30.

-FOOTNOTE-
(!1) So in original. Probably should be "detrimental".


-End-



-CITE-
16 USC Sec. 410zz-3 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09X - SAGUARO NATIONAL PARK

-HEAD-
Sec. 410zz-3. Authorization of appropriations

-STATUTE-
There is authorized to be appropriated such sums as may be
necessary to carry out this subchapter.

-SOURCE-
(Pub. L. 103-364, Sec. 5, Oct. 14, 1994, 108 Stat. 3468.)

-End-


-CITE-
16 USC SUBCHAPTER LIX-Y - CALIFORNIA DESERT LANDS PARKS
AND PRESERVE 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE

-HEAD-
SUBCHAPTER LIX-Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE

-End-


-CITE-
16 USC Part A - Death Valley National Park 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part A - Death Valley National Park

-HEAD-
PART A - DEATH VALLEY NATIONAL PARK

-SECREF-
PART REFERRED TO IN OTHER SECTIONS
This part is referred to in section 410aaa-75 of this title.

-End-



-CITE-
16 USC Sec. 410aaa 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part A - Death Valley National Park

-HEAD-
Sec. 410aaa. Findings

-STATUTE-
The Congress hereby finds that -
(1) proclamations by Presidents Herbert Hoover in 1933 and
Franklin Roosevelt in 1937 established and expanded the Death
Valley National Monument for the preservation of the unusual
features of scenic, scientific, and educational interest therein
contained;
(2) Death Valley National Monument is today recognized as a
major unit of the National Park System, having extraordinary
values enjoyed by millions of visitors;
(3) the monument boundaries established in the 1930's exclude
and thereby expose to incompatible development and inconsistent
management, contiguous Federal lands of essential and superlative
natural, ecological, geological, archeological, paleontological,
cultural, historical ad (!1) wilderness values;

(4) Death Valley National Monument should be substantially
enlarged by the addition of all contiguous Federal lands of
national park caliber and afforded full recognition and statutory
protection as a National Park; and
(5) the wilderness within Death Valley should receive maximum
statutory protection by designation pursuant to the Wilderness
Act [16 U.S.C. 1131 et seq.].

-SOURCE-
(Pub. L. 103-433, title III, Sec. 301, Oct. 31, 1994, 108 Stat.
4485.)

-REFTEXT-
REFERENCES IN TEXT
The Wilderness Act, referred to in par. (5), is Pub. L. 88-577,
Sept. 3, 1964, 78 Stat. 890, as amended, which is classified
generally to chapter 23 (Sec. 1131 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title
note set out under section 1131 of this title and Tables.


-MISC1-
SHORT TITLE
Section 1 of Pub. L. 103-433 provided that: "Sections 1 and 2,
and titles I through IX of this Act [enacting this subchapter,
provisions listed in a table of Wilderness Areas set out under
section 1132 of this title, and provisions set out as notes under
this section, section 410aaa-82 of this title, and section 1781 of
Title 43, Public Lands, and amending provisions listed in a table
of National Monuments Established Under Presidential Proclamation
set out under section 431 of this title and a table of Wilderness
Areas set out under section 1132 of this title] may be cited as the
'California Desert Protection Act of 1994'."

TIMBISHA SHOSHONE HOMELAND
Pub. L. 106-423, Nov. 1, 2000, 114 Stat. 1875, provided that:

"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 [16
U.S.C. 410aaa-75(b)] (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 [Nov. 1, 2000]), 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 [Nov. 1, 2000],
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 [Nov. 1, 2000] 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 [Nov. 1, 2000], 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 [Nov. 1, 2000]);
"(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 [Nov. 1, 2000].

"SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated to carry out this Act
such sums as may be necessary."

FINDINGS AND POLICY
Section 2 of Pub. L. 103-433 provided that:
"(a) The Congress finds and declares that -
"(1) the federally owned desert lands of southern California
constitute a public wildland resource of extraordinary and
inestimable value for this and future generations;
"(2) these desert wildlands display unique scenic, historical,
archeological, environmental, ecological, wildlife, cultural,
scientific, educational, and recreational values used and enjoyed
by millions of Americans for hiking and camping, scientific study
and scenic appreciation;
"(3) the public land resources of the California desert now
face and are increasingly threatened by adverse pressures which
would impair, dilute, and destroy their public and natural
values;
"(4) the California desert, embracing wilderness lands, units
of the National Park System, other Federal lands, State parks and
other State lands, and private lands, constitutes a cohesive unit
posing unique and difficult resource protection and management
challenges;
"(5) through designation of national monuments by Presidential
proclamation, through enactment of general public land statutes
(including section 601 [43 U.S.C. 1781] of the Federal Land
Policy and Management Act of 1976, 90 Stat. 2743, 43 U.S.C. 1701
et seq.) and through interim administrative actions, the Federal
Government has begun the process of appropriately providing for
protection of the significant resources of the public lands in
the California desert; and
"(6) statutory land unit designations are needed to afford the
full protection which the resources and public land values of the
California desert merit.
"(b) In order to secure for the American people of this and
future generations an enduring heritage of wilderness, national
parks, and public land values in the California desert, it is
hereby declared to be the policy of the Congress that -
"(1) appropriate public lands in the California desert shall be
included within the National Park System and the National
Wilderness Preservation System, in order to -
"(A) preserve unrivaled scenic, geologic, and wildlife values
associated with these unique natural landscapes;
"(B) perpetuate in their natural state significant and
diverse ecosystems of the California desert;
"(C) protect and preserve historical and cultural values of
the California desert associated with ancient Indian cultures,
patterns of western exploration and settlement, and sites
exemplifying the mining, ranching and railroading history of
the Old West;
"(D) provide opportunities for compatible outdoor public
recreation, protect and interpret ecological and geological
features and historic, paleontological, and archeological
sites, maintain wilderness resource values, and promote public
understanding and appreciation of the California desert; and
"(E) retain and enhance opportunities for scientific research
in undisturbed ecosystems."

-FOOTNOTE-
(!1) So in original. Probably should be "and".


-End-



-CITE-
16 USC Sec. 410aaa-1 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX09Y - CALIFORNIA DESERT LANDS PARKS AND PRESERVE
Part A - Death Valley National Park

-HEAD-
Sec. 410aaa-1. Establishment

-STATUTE-
There is hereby established the Death Valley National Park
(hereinafter in this part referred to as the "park") as generally
depicted on twenty-three maps entitled "Death Valley National Park
Boundary and Wilderness - Proposed", numbered in the title one
through twenty-three, and dated July 1993 or prior, which shall be
on file and available for public inspection in the offices of the
Superintendent of the park and the Director of the National Park
Service, Department of the Interior. The Death Valley National
Monument is hereby abolished as such, the lands and interests
therein are hereby incorporated within and made part of the new
Death Valley National Park, and any funds available for purposes of
the monument shall be available for purposes of the park.

-SOURCE-
(Pub. L. 103-433, title III, Sec. 302, Oct. 31, 1994, 108 Stat.
4485.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section isreferred to in sections 410aaa-2, 410aaa-3 of (continued)