SEC. 4. RETENTION OF NECESSARY EASEMENTS AND AC-
CESS. 
(a) EASEMENTS
FOR
CLEANUP
AND
REMEDI-
ATION.—The lands of Former Fort Wingate Depot Activ-
ity held in trust or conveyed in restricted fee status pursu-
ant 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 ad-
ministrative, environmental cleanup, and environmental 
remediation purposes. The Secretary of the Army shall 
provide to the governments of the Zuni Tribe and the Nav-
ajo Nation written copies of all easements reserved under 
this subsection. 
(b) SHARED ACCESS.— 
(1) PARCEL 1 SHARED CULTURAL AND RELI-
GIOUS 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 pur-
poses only. Both the Zuni Tribe and the Navajo Na-
tion 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 ex-
change detailed information to document the exist-
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ence 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 Nav-
ajo Nation, the Secretary of the Interior may facili-
tate shared access to other lands held in trust or re-
stricted 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 per-
mit access to the Missile Defense Agency facility as needed 
by the Department of Defense. 
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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 re-
mediation of Former Fort Wingate Depot Activity accord-
ing 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 Nav-
ajo 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 pe-
troleum 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 
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thereof, regardless of when the contamination is dis-
covered or where it has spread. 
(2) NOTIFICATION
REQUIREMENT.—After a 
parcel of land of Former Fort Wingate Depot Activ-
ity 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 dis-
covery 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 Activ-
ity has been fully remediated shall satisfy all Federal envi-
ronmental 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 sec-
tion 3. 
Æ 
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