What does this Draft Report recommend?
The draft Report describes a comprehensive integrated plan to create a unique partnership between the Timbisha Tribe, Death Valley National Park, and the Bureau of Land Management by establishing a reservation for the Tribe and creating cooperative management opportunities within the Tribe's ancestral homelands in the Mojave Desert.
Why did the government conduct this study and Draft Report?
The Secretary of the Interior completed this Report to comply with Section 705(1,) of the California Desert Protection Act, P.L. 103-433, which directed the Secretary to conduct a study to identity lands suitable for a reservation for the Timbisha Shoshone Tribe which has no land base at the present but lives in its ancestral homeland within Death Valley National Park. Several areas within and outside the boundaries of Death Valley National Park were studied beginning with an examination of the Timbisha Village in Furnace Creek.
Who are the Timbisha Shoshone?
The Timbisha Shoshone people are integrally tied to the landscape of the Mojave Desert, much of which is now within Death Valley National Park. This area has been their home for generations and their knowledge of the geography and the ecology of the area is unequaled The Tribe has been formally organized since 1937, and its present tribal government organization was established after the Tribe was Federally recognized in 1983. There are approximately 279 enrolled members of the Tribe.
What lands are recommended to be transferred to the Tribe?
The plan recommends that a total of 7,500 acres of lands currently in public ownership be transferred to the United States to be held in trust on behalf of the Timbisha Shoshone Tribe as a discontiguous reservation. This includes 300 acres at Furnace Creek within Death Valley National Park where the Tribe currently lives near the Park headquarters and four separate parcels of land totaling approximately 7,200 acres of land administered by the Bureau of Land Management located in California and Nevada. The majority of these BLM lands, which are located in Nevada, are currently classified as available for disposal in BLM's Resource Management Plans. The lands administered by the Bureau of Land Management located in California are currently identified for retention in the BLM's resource management plan, however, the BLM believes, based on its analysis of current uses, land designations, resource values, and effects, that this parcel is suitable for legislative transfer to the Timbisha Shoshone Tribe. The plan also seeks authorization to purchase two parcels of approximately 120 acres of former Indian allotted lands in the Saline Valley, California and 2,430 acres of private land near Lida, Nevada.
What partnerships will be created?
By recommending the continued settlement of the Timbisha Shoshone at Furnace Creek, the plan recognizes that the continued presence of the Tribe will enhance the management and interpretation of park resources by providing opportunities to learn from the Tribe's traditional knowledge of the geography and ecology of the Mojave Desert. A Timbisha Shoshone Cultural and Natural Preservation Area would be created within the park to recognize the importance of the area to the Tribe and to enable tribal members to continue to use the area for traditional practices and activities pursuant to a joint management plan. The plan also provides for cooperative management opportunities with the BLM and the FWS on natural and cultural resource matters. These cooperative management areas will remain in public ownership and applicable laws relating to wilderness, endangered species, and cultural resources will be unaffected.
What types of traditional activities and practices would occur under these new partnerships?
Many areas identified for cooperative management opportunities are places that are important to preserving tribal traditional knowledge of the land, plants, and medicines. From the earliest times, the Timbisha Shoshone encouraged plant growth and harvested foods and medicines from the Mojave Desert region. Under this plan the Tribe will have the opportunity to enter into cooperative management plans with the Park, BLM, and the FWS to carry on its traditional resource management practices such as caring for mesquite groves, harvesting pinon nuts, clearing natural springs, gathering plant materials, and protecting burial sites. This will provide the federal agencies with an opportunity to learn from the Tribe's extensive traditional knowledge of this area and to enhance the conservation and protection of these resources.
Are the recommendations consistent with Park purposes and values?
Yes. The plan recommends that the purposes of the Park be expanded to recognize the many contributions of the Timbisha Shoshone to the history, ecology and culture of the Park. This would acknowledge that the continued presence of the Tribe in the Park benefits the interpretation and preservation of Park resources by incorporating tribal traditional knowledge and expanding our understanding of the area. In addition, the plan recommends that any potential development on the Tribal land within the Park be subject to jointly adopted development standards regarding size, impact and design. All development in this area would be constrained by the availability of water and by impacts to the environment. Ml potential development would be consistent with the desert environment and reflective of Timbisha tribal history and cultural values.
What type of economic development might occur at Furnace Creek?
Potential visitor-related services such as a tribal museum and gift shop and a small Inn reflecting Timbisha history and values could offer visitors a cross-cultural experience that can only be provided by the first inhabitants of this area. Tribally-guided cultural heritage programs including, hikes, lectures and tours may also be provided.
What other types of development may occur at Furnace Creek?
Within the 300 acres identified as suitable for transfer to the Tribe, the Tribe may potentially build up to 50 residential homes and a tribal administrative facility. The Department and the Tribe are working together to create a sustainable development design plan for these facilities that would have minimal impact on water and natural resources and on the desert setting.
Are there sufficient water resources on the proposed lands?
As part of the study process, the Bureau of Reclamation analyzed current and potential water use at each of the study locations considering existing records, knowledge of regional use, and common use categories. Their appraisal level estimate demonstrates that there is sufficient water at each parcel to support potential activities identified in the Report. More detailed analysis of water use, consumption, and impact would occur prior to any development on the identified parcels. At Furnace Creek, the NPS is working with the private inholder and the Tribe to conduct a water audit of the water delivery system and to develop a water conservation strategy for water resources in this area.
How was the Report developed?
A federal and tribal negotiating team was established to develop an integrated comprehensive plan to complete the suitability study. All study activities were carried out jointly in accordance with Ground Rules and Framework adopted by the team to establish a process for studying the suitability of potential lands within the Tribe's ancestral homelands. The negotiators used a consensus-based decisionmaking process and interest-based negotiations.
How were the identified lands selected?
All of the lands identified as "suitable" for transfer to the Tribe are within the Tribe's ancestral homelands and are areas of particular historical, cultural and economic importance. A discontiguous reservation is recommended due to the limited nature of water availability on each parcel of land and to minimize environmental impacts to any one setting. A set of "suitability" criteria was developed to consider factors such as effect on the environment, compatibility with existing lands uses, special land use designations such as wilderness, and encumbrances such as mining claims, leases, and rights-of-way. None of the lands identified as suitable for transfer to the Tribe are within designated wilderness or areas of critical environmental concern.
When will the Report be finalized?
The Report is available for public review and is posted on the Death Valley National Park website or by written request to the Superintendent The Department will conduct the appropriate level of environmental review analysis prior to finalizing the Report. The Department will submit the report and proposed legislation to implement the recommendations to Congress once the necessary environmental review is completed.
Will legislation be necessary to implement the Report?
Some of the proposed recommendations require legislation to implement Specifically, the parcels of land identified to be transferred to the Tribe, establishment of a Timbisha Shoshone Cultural and Natural Preservation Area within the Park, and expansion of the Park purposes section of the Death Valley National Park enabling legislation to recognize the contributions of the Timbisha to the history, ecology and culture of the park would require legislation to implement. Other recommendations regarding cooperative management opportunities would be implemented under existing bureau authorities and would be consistent with other federal laws and policies relating to wilderness and cultural resource management.
What types of development activities can occur on the proposed tribal lands within the Park?
A modest level of low-impact sustainable development may potentially occur on the Furnace Creek parcel of land recommended for transfer to the Tribe. The Park and the Tribe have agreed that the following types of development may occur: up to 50 residential homes, a tribal administrative facility, a tribal cultural center, and a small Inn. All development would be legislatively constrained by the availability of water resources and by impacts on the environment and park-setting. The Park and the Tribe will develop "a set of development standards to govern size, design and impact. The Tribe and the Department are identifying ways to ensure that construction in the Timbisha Village area would be consistent with best practices in sustainable development. A sustainable design incorporating energy efficient technology would minimize pressures on existing infrastructure and facilities in the Furnace Creek area.
Can the Tribe conduct gaming activities on the proposed lands?
At Furnace Creek, the Tribe has agreed to engage in a modest level of non-gaming economic development. Any proposed legislation would expressly state that only non-gaming economic development consistent with park purposes and values would be allowed within the Park. For the BLM land parcels, the primary purposes of these lands would be for residential, agricultural, and economic development. The Report recommends that those lands outside the park be legislatively designated the Tribe's "initial reservation" under the Indian Gaming Regulatory Act. Consequently, class II gaming commonly known as bingo, could occur on those lands outside the park if the State in which the parcel is located permits such gaming and the Tribe has a gaming ordinance approved by the National Indian Gaming Commission. Class III gaming, commonly known as casino gaming, could occur on these parcels outside the Park only if (l) class III gaming is permitted by the State, and (2) the Tribe has a gaming ordinance approved by the National Indian Gaming Commission, and (3) the Tribe and the governor of the State within which the parcel is located successfully negotiate a gaming compact.
How will jurisdictional issues be addressed on the proposed tribal lands?
The Tribe is evaluating various options to create a workable jurisdictional scheme that would be efficient and foster consistency over the proposed Nevada and California land parcels that would become its reservation. The Tribe has begun a dialogue with the States and local governments and the Department to consider the various options.
Is this plan the result of unique historical circumstances?
Yes. The Timbisha Shoshone people have resided in the Furnace Creek areas prior to the establishment of Death Valley Monument in 1933 and their continued settlement was permitted, and at times encouraged by the U.S. Government, after establishment of the park unit. There has been an uncertain legal and administrative relationship between the Tribe and the Park since this time which this plan remedies. In addition, when Congress expanded and upgraded Death Valley Monument to Park status it directed the Secretary of the Interior to study and make recommendations regarding the need for a tribal reservation.
Does this plan set a new precedent for issue resolution between land managing agencies and tribes?
Yes. This plan sets a much-needed new precedent and a new standard of collaboration in the resolution of issues and differences of opinion between tribes and land or resource managing agencies. The plan represents a unique collaboration between an Indian tribe and federal agencies that provides a lasting solution to a difficult and complex situation. The difficulty had existed for many years, several unsuccessful attempts had been made to resolve the differences. The standard that this plan sets is for a collaborative and cooperative process that respects the needs, missions and mandates of all participants and provides lasting solutions. We believe this approach can be successfully utilized elsewhere to resolve very challenging and long standing issues that are jointly shared by tribes and resource managing agencies.
Does the plan adequately protect Park resources?
Yes. The resource management proposals that involve the Park are all activities that are currently appropriate under similar circumstances in national parks. Projects will be developed utilizing a "pilot project" approach. As projects are successful, the programs will be expanded upon. No new resource management precedents are established here. Arrangements for the management of traditional use plant species are conducted in other parks. The management of plant ecosystems to conserve traditional, historic and/or prehistoric systems occur in other parks. The collaborative protection of archeological and historical resources is, of course, encouraged and will be enhanced by this agreement.
For more information contact: Superintendent, Death Valley National Park, P.O. Box 579, Death Valley, California, 92328 or (760)786-3243. On the Internet: www.nps.gov/deva.