[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.
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