,i #aacth ,,congress #b;d ,session ,h4 ,r4 #edbh ,,in ,,the ,,house ,,of ,,representatives ,september #i1 #bjad ,mr4 ,pearce introduced the following bill2 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 ,mc,kinley ,county1 ,new ,mexico1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,return of ,certain ,lands ,at ,fort ,wingate to ,the ,original ,inhabitants ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,in ,january #aiic1 the active mission of the ,fort ,wingate ,activity ,depot located in ,mc,kinley ,county1 ,new ,mexico 7in this ,act referred to as ,former ,fort ,wingate ,depot ,activity71 ceased1 and the installation was closed pursuant to title ,,ii of the ,defense ,authorization ,amendments and ,base ,closure and ,realignment ,act 7,public ,law #ajj-ebf2 #aj ,u4,s4,c4 #bfhg note74 7#b7 ,the lands occupied by the ,former ,fort ,wingate ,depot ,activity were originally the ancestral lands of both the ,zuni ,tribe and ,navajo ,nation1 as indicated by the ancestral history and large number of archaeological and cultural sites identified on the lands4 7#c7 ,the ,secretary of the ,interior1 with the support of the ,zuni ,tribe1 the ,navajo ,nation1 and other concerned parties1 determined that upon completion of environmental remediation of ,former ,fort ,wingate ,depot ,activity1 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 ,nation4 7#d7 ,on ,july #h1 #bjac1 the ,zuni ,tribe and ,navajo ,nation1 acting through the respective tribal leadership1 who received authority from their tribal governments to enter into good faith discussions1 and through their respective legal representatives1 met in the ,capitol office of ,congressman ,don ,young1 with ,congressman ,ben ,ray ,lujn and ,congressman ,steve ,pearce present1 for final discussions to fairly divide ,former ,fort ,wingate ,depot ,activity4 7#e7 ,in the resulting discussions1 the tribal leaders informally agreed to the property divisions reflected in the map titled ,fort ,wingate ,depot ,activity ,negotiated ,property ,divisions ,july #bjac prepared by the ,army ,corps of ,engineers 7in this ,act referred to as the ,map71 and the land division outlined in section #c was created in consultation with the ,zuni ,tribe and the ,navajo ,nation4 7#f7 ,this ,act achieves the goal of fairly dividing ,former ,fort ,wingate ,depot ,activity for the benefit of the ,zuni ,tribe and the ,navajo ,nation4 #c4 ,division and treatment of lands of former ,fort ,wingate ,depot ,activity1 ,new ,mexico1 to benefit the ,zuni ,tribe and ,navajo ,nation 7a7 ,immediate trust on behalf of ,zuni ,tribe2 ,exception ,subject to valid existing rights and to easements reserved pursuant to section #d1 all right1 title1 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 ,reservation1 unless the ,zuni ,tribe otherwise elects under subparagraphs 7,b7 and 7,c7 of subsection 7c77#c7 to have the parcel conveyed to it in ,restricted ,fee ,status4 7b7 ,immediate trust on behalf of the ,navajo ,nation2 ,exception ,subject to valid existing rights and to easements reserved pursuant to section #d1 all right1 title1 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 ,reservation1 unless the ,navajo ,nation otherwise elects under subsection 7c77#c7 to have the parcel conveyed to it in ,restricted ,fee ,status4 7c7 ,subsequent transfer and trust2 restricted fee status alternative 7#a7 ,transfer upon completion of remediation ,not later than #fj 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 #e1 the ,secretary of the ,army shall transfer administrative jurisdiction over the parcel to the ,secretary of the ,interior4 7#b7 ,notification of transfer ,not later than #cj 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 7#a71 the ,secretary of the ,interior shall notify the ,zuni ,tribe and ,navajo ,nation of the transfer of administrative jurisdiction over the parcel4 7#c7 ,trust or restricted fee status 7,a7 ,trust ,except as provided in subparagraph 7,b71 the ,secretary of the ,interior shall hold each parcel of land of ,former ,fort ,wingate ,depot ,activity transferred under paragraph 7#a7 in trust-- 7i7 for the ,zuni ,tribe1 in the case of land depicted in blue on the ,map2 or 7ii7 for the ,navajo ,nation1 in the case of land depicted in green on the ,map4 7,b7 ,restricted fee status alternative ,in lieu of having a parcel of land held in trust under subparagraph 7,a71 the ,zuni ,tribe1 with respect to land depicted in blue on the ,map1 and the ,navajo ,nation1 with respect to land depicted in green on the ,map1 may elect to have the ,secretary of the ,interior convey the parcel or any portion of the parcel to it in restricted fee status4 7,c7 ,notification of election ,not later than #de days after the date on which the ,zuni ,tribe or the ,navajo ,nation receives notice under paragraph 7#b7 of the transfer of administrative jurisdiction over a parcel of land of ,former ,fort ,wingate ,depot ,activity1 the ,zuni ,tribe or the ,navajo ,nation shall notify the ,secretary of the ,interior of an election under subparagraph 7,b7 for conveyance of the parcel or any portion of the parcel in restricted fee status4 7,d7 ,conveyance ,as soon as practicable after receipt of a notice from the ,zuni ,tribe or the ,navajo ,nation under subparagraph 7,c71 but in no case later than #f months after receipt of the notice1 the ,secretary of the ,interior shall convey1 in restricted fee status1 the parcel of land of ,former ,fort ,wingate ,depot ,activity covered by the notice to the ,zuni ,tribe or the ,navajo ,nation1 as the case may be4 7,e7 ,restricted fee status defined ,for purposes of this ,act only1 the term restricted fee status1 with respect to land conveyed under subparagraph 7,d71 means that the land so conveyed-- 7i7 shall be owned in fee by the ,indian tribe to whom the land is conveyed2 7ii7 shall be part of the ,indian tribe's ,reservation and expressly made subject to the jurisdiction of the ,indian ,tribe2 7iii7 shall not be sold by the ,indian tribe without the consent of ,congress2 7iv7 shall not be subject to taxation by any government other than the government of the ,indian tribe2 and 7v7 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 purpose1 directly or through agreement with another party4 7d7 ,survey and boundary requirements 7#a7 ,in general ,the ,secretary of the ,interior shall-- 7,a7 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 7a71 7b71 or 7c72 and 7,b7 establish legal boundaries based on the ,map as parcels are taken into trust or conveyed in restricted fee status4 7#b7 ,consultation ,not later than #ij days after the date of the enactment of this ,act1 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 surveyed1 and1 to the greatest extent feasible1 the ,secretary shall follow these priorities4 7e7 ,relation to certain regulations ,part #aea of title #be1 ,code of ,federal ,regulations1 shall not apply to taking lands of ,former ,fort ,wingate ,depot ,activity into trust under subsection 7a71 7b71 or 7c74 #d4 ,retention of necessary easements and access 7a7 ,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 #c 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 administrative1 environmental cleanup1 and environmental remediation purposes4 ,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 subsection4 7b7 ,shared access 7#a7 ,parcel #a shared cultural and religious access ,in the case of the lands of ,former ,fort ,wingate ,depot ,activity depicted as ,parcel #a on the ,map1 the lands shall be held in trust subject to a shared easement for cultural and religious purposes only4 ,both the ,zuni ,tribe and the ,navajo ,nation shall have unhindered access to their respective cultural and religious sites within ,parcel #a4 ,within #a year after the date of the enactment of this ,act1 the ,zuni ,tribe and the ,navajo ,nation shall exchange detailed information to document the existence of cultural and religious sites within ,parcel #a for the purpose of carrying out this paragraph4 ,the information shall also be provided to the ,secretary of the ,interior4 7#b7 ,other shared access ,subject to the written consent of both the ,zuni ,tribe and the ,navajo ,nation1 the ,secretary of the ,interior may facilitate shared access to other lands held in trust or restricted fee status pursuant to section #c1 including1 but not limited to1 religious and cultural sites4 7c7 ,i-#dj ,frontage road entrance ,the access road for the ,former ,fort ,wingate ,depot ,activity1 which originates at the frontage road for ,interstate #dj and leads to the parcel of the ,former ,fort ,wingate ,depot ,activity depicted as administration area on the ,map1 shall be held in common by the ,zuni ,tribe and ,navajo ,nation to provide for equal access to ,former ,fort ,wingate ,depot ,activity4 7d7 ,department of ,defense ,access to ,missile ,defense ,agency facility ,lands held in trust or conveyed in ,restricted ,fee ,status pursuant to section #c shall be subject to easements reasonably required to permit access to the ,missile ,defense ,agency facility as needed by the ,department of ,defense4 #e4 ,environmental remediation 7a7 ,responsibility for cleanup ,nothing in this ,act shall be construed as alleviating1 altering1 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 ,department4 7b7 ,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 substances1 toxic substances1 heavy metals1 explosives1 pollutants1 contaminants1 waste or petroleum products1 or any combination thereof1 regardless of when the contamination is discovered or where it has spread4 7c7 ,treatment of claims against tribes 7#a7 ,in general ,the ,zuni ,tribe and the ,navajo ,nation shall be held harmless from any claim1 suit1 demand1 judgment1 cost1 or fee arising from ,department of the ,army activities on or off the ,former ,fort ,wingate ,depot ,activity site1 or the prior use of hazardous substances1 toxic substances1 heavy metals1 explosives1 pollutants1 contaminants1 waste or petroleum products1 or any combination thereof1 regardless of when the contamination is discovered or where it has spread4 7#b7 ,notification requirement ,after a parcel of land of ,former ,fort ,wingate ,depot ,activity has been transferred or conveyed under section #c1 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 parcel4 7d7 ,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 #c4