Debate Surrounds American Indian Tribe's Effort to Reclaim Ancestral Land

Date: Sun, 29 Oct 1995 18:37:32 -0500

DEATH VALLEY, Calif. (AP) -- More than sixty years ago, members of the Timbisha 
Shoshone Tribe were told they could no longer hunt, harvest or move freely on 
the land of their ancestors.

Today, the American Indian tribe is negotiating with the federal government to 
regain some control of that land in what is now Death Valley National Park. A 
recently passed federal law, the tribe believes, will make that goal possible.

``We think it is clear Congress has recognized our right to have a reservation 
on these lands,'' said tribal administrator Richard Boland.

The tribe, which has dwindled to 300 members during the past few decades, is 
seeking to create a reservation that would give Shoshones complete control of 
about one quarter of the park and shared management with the government over 
adjacent federal lands -- a total of about 3 million acres in and around the 
park.

Negotiations between the tribe and the Park Service began earlier this year.

On their side, the Shoshones argue, is congressional legislation from 1994 that 
promotes resettlement and joint ownership of federal lands once occupied by 
American Indians. The Shoshones, original inhabitants of the park some 200 miles
 north of Los Angeles near the Nevada border, have been restricted to living in 
a small area since Death Valley was added to the park system in 1933.

The Park Service and local officials say they are wary of Shoshone plans to hunt
 and farm and to build homes, restaurants, hotels and tourist attractions.

``We're concerned about aesthetics, about water, which is scarce,'' said one 
Park Service official who spoke to the Los Angeles Times on condition of 
anonymity. ``We're opposed to hunting which the group wants to reintroduce. And 
we're just generally concerned about our ability to manage the park as the 
public would want us to.''

Officials in Inyo County say giving control of the land to the Shoshones will 
deprive them of an important source of revenue. With less than 2 percent of its 
land in private hands, Inyo County has a weak tax base and depends on payments 
known as in-lieu-of taxes from the federal government for its vast holdings. 
Such taxes, however, do not apply to reservation lands.

Fred Marr, a lawyer for the Shoshones, says his clients want to devise a plan 
that all parties will agree to. For example, he said, the tribe ``would be 
willing to consider waiving their right to have Indian gaming on park land.''

Regarding the development issue, tribal administrator Boland said, ``We would 
try to build in conformance with the environment, using natural materials, being
 energy efficient and making sure everything blended in with the land.''

Death Valley Superintendent Dick Martin said he is ``cautiously optimistic'' 
that Congress will accept much of the Shoshones' plan.

With its 1994 legislation, Congress appears willing to give back what the 
government at one time took away from the Shoshones and other tribes.

``They were forced into a very small area of the park,'' said Pat Parker, an 
official of the Park Service's Indian Liaison Department. ``They were even 
charged for water. It was an affront to their sovereignty as a people.''

AP-WS-10-29-95 1736EST