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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5428 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5428

 To provide for the implementation of the negotiated property division 
 regarding Former Fort Wingate Depot Activity in McKinley County, New 
                    Mexico, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 9, 2014

  Mr. Pearce introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To provide for the implementation of the negotiated property division 
 regarding Former Fort Wingate Depot Activity in McKinley County, New 
                    Mexico, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Return of Certain Lands At Fort 
Wingate to The Original Inhabitants Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In January 1993, the active mission of the Fort Wingate 
        Activity Depot located in McKinley County, New Mexico (in this 
        Act referred to as ``Former Fort Wingate Depot Activity''), 
        ceased, and the installation was closed pursuant to title II of 
        the Defense Authorization Amendments and Base Closure and 
        Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).
            (2) The lands occupied by the Former Fort Wingate Depot 
        Activity were originally the ancestral lands of both the Zuni 
        Tribe and Navajo Nation, as indicated by the ancestral history 
        and large number of archaeological and cultural sites 
        identified on the lands.
            (3) The Secretary of the Interior, with the support of the 
        Zuni Tribe, the Navajo Nation, and other concerned parties, 
        determined that upon completion of environmental remediation of 
        Former Fort Wingate Depot Activity, lands no longer needed by 
        the Department of the Army would be transferred to the 
        Secretary of the Interior and held in trust by the United 
        States for the benefit of the Zuni Tribe and the Navajo Nation.
            (4) On July 8, 2013, the Zuni Tribe and Navajo Nation, 
        acting through the respective tribal leadership, who received 
        authority from their tribal governments to enter into good 
        faith discussions, and through their respective legal 
        representatives, met in the Capitol office of Congressman Don 
        Young, with Congressman Ben Ray Lujan and Congressman Steve 
        Pearce present, for final discussions to fairly divide Former 
        Fort Wingate Depot Activity.
            (5) In the resulting discussions, the tribal leaders 
        informally agreed to the property divisions reflected in the 
        map titled ``Fort Wingate Depot Activity Negotiated Property 
        Divisions July 2013'' prepared by the Army Corps of Engineers 
        (in this Act referred to as the ``Map''), and the land division 
        outlined in section 3 was created in consultation with the Zuni 
        Tribe and the Navajo Nation.
            (6) This Act achieves the goal of fairly dividing Former 
        Fort Wingate Depot Activity for the benefit of the Zuni Tribe 
        and the Navajo Nation.

SEC. 3. DIVISION AND TREATMENT OF LANDS OF FORMER FORT WINGATE DEPOT 
              ACTIVITY, NEW MEXICO, TO BENEFIT THE ZUNI TRIBE AND 
              NAVAJO NATION.

    (a) Immediate Trust on Behalf of Zuni Tribe; Exception.--Subject to 
valid existing rights and to easements reserved pursuant to section 4, 
all right, title, and interest of the United States in and to the lands 
of Former Fort Wingate Depot Activity depicted in blue on the Map and 
transferred to the Secretary of the Interior are to be held in trust by 
the Secretary of the Interior for the Zuni Tribe as part of the Zuni 
Reservation, unless the Zuni Tribe otherwise elects under subparagraphs 
(B) and (C) of subsection (c)(3) to have the parcel conveyed to it in 
Restricted Fee Status.
    (b) Immediate Trust on Behalf of the Navajo Nation; Exception.--
Subject to valid existing rights and to easements reserved pursuant to 
section 4, all right, title, and interest of the United States in and 
to the lands of Former Fort Wingate Depot Activity depicted in blue on 
the Map and transferred to the Secretary of the Interior are to be held 
in trust by the Secretary of the Interior for the Navajo Nation as part 
of the Navajo Reservation, unless the Navajo Nation otherwise elects 
under subsection (c)(3) to have the parcel conveyed to it in Restricted 
Fee Status.
    (c) Subsequent Transfer and Trust; Restricted Fee Status 
Alternative.--
            (1) Transfer upon completion of remediation.--Not later 
        than 60 days after the date on which the New Mexico 
        Environmental Department certifies that remediation of a parcel 
        of land of Former Fort Wingate Depot Activity has been 
        completed consistent with section 5, the Secretary of the Army 
        shall transfer administrative jurisdiction over the parcel to 
        the Secretary of the Interior.
            (2) Notification of transfer.--Not later than 30 days after 
        the date on which the Secretary of the Interior assumes 
        administrative jurisdiction over a parcel of land of Former 
        Fort Wingate Depot Activity under paragraph (1), the Secretary 
        of the Interior shall notify the Zuni Tribe and Navajo Nation 
        of the transfer of administrative jurisdiction over the parcel.
            (3) Trust or restricted fee status.--
                    (A) Trust.--Except as provided in subparagraph (B), 
                the Secretary of the Interior shall hold each parcel of 
                land of Former Fort Wingate Depot Activity transferred 
                under paragraph (1) in trust--
                            (i) for the Zuni Tribe, in the case of land 
                        depicted in blue on the Map; or
                            (ii) for the Navajo Nation, in the case of 
                        land depicted in green on the Map.
                    (B) Restricted fee status alternative.--In lieu of 
                having a parcel of land held in trust under 
                subparagraph (A), the Zuni Tribe, with respect to land 
                depicted in blue on the Map, and the Navajo Nation, 
                with respect to land depicted in green on the Map, may 
                elect to have the Secretary of the Interior convey the 
                parcel or any portion of the parcel to it in restricted 
                fee status.
                    (C) Notification of election.--Not later than 45 
                days after the date on which the Zuni Tribe or the 
                Navajo Nation receives notice under paragraph (2) of 
                the transfer of administrative jurisdiction over a 
                parcel of land of Former Fort Wingate Depot Activity, 
                the Zuni Tribe or the Navajo Nation shall notify the 
                Secretary of the Interior of an election under 
                subparagraph (B) for conveyance of the parcel or any 
                portion of the parcel in restricted fee status.
                    (D) Conveyance.--As soon as practicable after 
                receipt of a notice from the Zuni Tribe or the Navajo 
                Nation under subparagraph (C), but in no case later 
                than 6 months after receipt of the notice, the 
                Secretary of the Interior shall convey, in restricted 
                fee status, the parcel of land of Former Fort Wingate 
                Depot Activity covered by the notice to the Zuni Tribe 
                or the Navajo Nation, as the case may be.
                    (E) Restricted fee status defined.--For purposes of 
                this Act only, the term ``restricted fee status'', with 
                respect to land conveyed under subparagraph (D), means 
                that the land so conveyed--
                            (i) shall be owned in fee by the Indian 
                        tribe to whom the land is conveyed;
                            (ii) shall be part of the Indian tribe's 
                        Reservation and expressly made subject to the 
                        jurisdiction of the Indian Tribe;
                            (iii) shall not be sold by the Indian tribe 
                        without the consent of Congress;
                            (iv) shall not be subject to taxation by 
                        any government other than the government of the 
                        Indian tribe; and
                            (v) shall not be subject to any provision 
                        of law providing for the review or approval by 
                        the Secretary of the Interior before an Indian 
                        tribe may use the land for any purpose, 
                        directly or through agreement with another 
                        party.
    (d) Survey and Boundary Requirements.--
            (1) In general.--The Secretary of the Interior shall--
                    (A) provide for the survey of lands of Former Fort 
                Wingate Depot Activity taken into trust for the Zuni 
                Tribe or the Navajo Nation or conveyed in restricted 
                fee status for the Zuni Tribe or the Navajo Nation 
                under subsection (a), (b), or (c); and
                    (B) establish legal boundaries based on the Map as 
                parcels are taken into trust or conveyed in restricted 
                fee status.
            (2) Consultation.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of the Interior shall 
        consult with the Zuni Tribe and the Navajo Nation to determine 
        their priorities regarding the order in which parcels should be 
        surveyed, and, to the greatest extent feasible, the Secretary 
        shall follow these priorities.
    (e) Relation to Certain Regulations.--Part 151 of title 25, Code of 
Federal Regulations, shall not apply to taking lands of Former Fort 
Wingate Depot Activity into trust under subsection (a), (b), or (c).

SEC. 4. RETENTION OF NECESSARY EASEMENTS AND ACCESS.

    (a) Easements for Cleanup and Remediation.--The lands of Former 
Fort Wingate Depot Activity held in trust or conveyed in restricted fee 
status pursuant to section 3 shall be subject to reservation by the 
United States of such easements as the Secretary of the Army determines 
are reasonably required to permit access to lands of Former Fort 
Wingate Depot Activity for administrative, environmental cleanup, and 
environmental remediation purposes. The Secretary of the Army shall 
provide to the governments of the Zuni Tribe and the Navajo Nation 
written copies of all easements reserved under this subsection.
    (b) Shared Access.--
            (1) Parcel 1 shared cultural and religious access.--In the 
        case of the lands of Former Fort Wingate Depot Activity 
        depicted as Parcel 1 on the Map, the lands shall be held in 
        trust subject to a shared easement for cultural and religious 
        purposes only. Both the Zuni Tribe and the Navajo Nation shall 
        have unhindered access to their respective cultural and 
        religious sites within Parcel 1. Within 1 year after the date 
        of the enactment of this Act, the Zuni Tribe and the Navajo 
        Nation shall exchange detailed information to document the 
        existence of cultural and religious sites within Parcel 1 for 
        the purpose of carrying out this paragraph. The information 
        shall also be provided to the Secretary of the Interior.
            (2) Other shared access.--Subject to the written consent of 
        both the Zuni Tribe and the Navajo Nation, the Secretary of the 
        Interior may facilitate shared access to other lands held in 
        trust or restricted fee status pursuant to section 3, 
        including, but not limited to, religious and cultural sites.
    (c) I-40 Frontage Road Entrance.--The access road for the Former 
Fort Wingate Depot Activity, which originates at the frontage road for 
Interstate 40 and leads to the parcel of the Former Fort Wingate Depot 
Activity depicted as ``administration area'' on the Map, shall be held 
in common by the Zuni Tribe and Navajo Nation to provide for equal 
access to Former Fort Wingate Depot Activity.
    (d) Department of Defense Access to Missile Defense Agency 
Facility.--Lands held in trust or conveyed in Restricted Fee Status 
pursuant to section 3 shall be subject to easements reasonably required 
to permit access to the Missile Defense Agency facility as needed by 
the Department of Defense.

SEC. 5. ENVIRONMENTAL REMEDIATION.

    (a) Responsibility for Cleanup.--Nothing in this Act shall be 
construed as alleviating, altering, or affecting the responsibility of 
the United States for cleanup and remediation of Former Fort Wingate 
Depot Activity according to the terms previously agreed to by the 
Secretary of the Army and the New Mexico Environment Department.
    (b) Liability.--Neither the Zuni Tribe nor the Navajo Nation shall 
be liable for any damages resulting from Department of the Army 
activities on Former Fort Wingate Depot Activity or the use by the 
Department of the Army of hazardous substances, toxic substances, heavy 
metals, explosives, pollutants, contaminants, waste or petroleum 
products, or any combination thereof, regardless of when the 
contamination is discovered or where it has spread.
    (c) Treatment of Claims Against Tribes.--
            (1) In general.--The Zuni Tribe and the Navajo Nation shall 
        be held harmless from any claim, suit, demand, judgment, cost, 
        or fee arising from Department of the Army activities on or off 
        the Former Fort Wingate Depot Activity site, or the prior use 
        of hazardous substances, toxic substances, heavy metals, 
        explosives, pollutants, contaminants, waste or petroleum 
        products, or any combination thereof, regardless of when the 
        contamination is discovered or where it has spread.
            (2) Notification requirement.--After a parcel of land of 
        Former Fort Wingate Depot Activity has been transferred or 
        conveyed under section 3, the Zuni Tribe or the Navajo Nation 
        shall notify the Secretary of the Army of the existence or 
        discovery of any contamination or hazardous material on the 
        parcel.
    (d) Effect of Environmental Certification.--Certification by the 
New Mexico Environment Department that a parcel of land of Former Fort 
Wingate Depot Activity has been fully remediated shall satisfy all 
Federal environmental requirements necessary for the Secretary of the 
Army and the Secretary of the Interior to carry out their 
responsibilities to transfer or convey the parcel under section 3.
                                 <all>
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