Sec. 3078. Transfer of administrative jurisdiction, Badger Army Ammunition Plant, Baraboo, Wisconsin
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In this section, the term Property means approximately 1,553 acres, including federally owned structures thereon, located within the boundary of the former Badger Army Ammunition Plant near Baraboo, Wisconsin. Administrative jurisdiction over the Property is hereby transferred from the Secretary of the Army to the Secretary of the Interior. Upon receipt by the Secretary of the Interior of a resolution from the Ho-Chunk Nation accepting title to the structures, all federally owned structures on the Property are hereby transferred to the Ho-Chunk Nation in fee.
The Property, less the structures thereon, shall be held in trust by the Secretary of the Interior for the benefit of the Ho-Chunk Nation and shall be a part of the reservation of the Ho-Chunk Nation. As soon as practicable after the transfer, the Secretary of the Interior, with the concurrence of the Secretary of the Army, shall publish in the Federal Register a legal description of the Property. Notwithstanding the transfer of the Property by subsection (b), the Secretary of the Army shall be responsible— for obtaining final case closure and no-action-required remedial determinations for the Property from the Wisconsin Department of Natural Resources; and for any additional remedial actions, with respect to any hazardous substance remaining on the Property, found to be necessary to protect human health and the environment to support the recreational and grazing land reuse (including agricultural activities necessary to sustain such reuse) considered for the final case closure and no-action-required determinations of the Wisconsin Department of Natural Resources.
The responsibility described in paragraph
(1)is limited to the remediation of releases of hazardous substances resulting from the activities of the Department of Defense that occurred before the date on which administrative jurisdiction of the Property is transferred under this section. The Secretary of the Interior shall not take any action to authorize, nor shall the Ho-Chunk Nation undertake or allow, any activity on or use of the Property inconsistent with the case closure conditions required by the Wisconsin Department of Natural Resources except as provided in this paragraph. Nothing in this section shall preclude the Ho-Chunk Nation from undertaking, in accordance with applicable laws and regulations and without any cost to the Department of Defense or the Department of the Interior, such additional action necessary to allow for uses of the Property other than uses that are consistent with the case closure conditions required by the Wisconsin Department of Natural Resources. The United States retains and reserves a perpetual and assignable easement and right of access on, over, and through the Property, to enter upon the Property in any case in which an environmental response or corrective action is found to be necessary on the part of the United States, without regard to whether such environmental response or corrective action is on the Property or on adjoining or nearby lands. Such easement and right of access includes, without limitation, the right to perform any environmental investigation, survey, monitoring, sampling, testing, drilling, boring, coring, testpitting, installing monitoring or pumping wells or other treatment facilities, response action, corrective action, or any other action necessary for the United States to meet its responsibilities under applicable laws and as provided for in this section. In exercising such easement and right of access, the United States shall provide the property holder or owner and their successors or assigns, as the case may be, with reasonable notice of its intent to enter upon the Property and exercise its rights under this clause, which notice may be severely curtailed or even eliminated in emergency situations. The United States shall use reasonable means to avoid and to minimize interference with the property holder’s or owner’s and their successors’ and assigns’, as the case may be, quiet enjoyment of the Property. At the completion of work, the work site shall be reasonably restored. Such easement and right of access includes the right to obtain and use utility services, including water, gas, electricity, sewer, and communications services available on the Property at a reasonable charge to the United States. Excluding the reasonable charges for such utility services, no fee, charge, or compensation will be due the property holder or owner, their successors and assigns, for the exercise of the easement and right of access hereby retained and reserved by the United States. In exercising such easement and right of access, neither the Ho-Chunk Nation nor its successors and assigns, as the case may be, shall have any claim at law or equity against the United States or any officer, employee, agent, contractor of any tier, or servant of the United States based on actions taken by the United States or its officers, employees, agents, contractors of any tier, or servants pursuant to and in accordance with this clause: Provided, however, that nothing in this paragraph shall be considered as a waiver by the Ho-Chunk Nation, its successors and assigns, of any remedy available to them under the Federal Tort Claims Act. The transfer of administrative jurisdiction under this section recognizes and preserves, in perpetuity and without the right of revocation except as provided in paragraph (2), easements, permit rights, and rights-of-way and access to such easements and rights-of-way of any applicable utility service provider in existence at the time of the conveyance prior to the date of enactment of this Act. The rights recognized and preserved include the right to upgrade applicable utility services. An easement, permit right, or right-of-way recognized and preserved under paragraph
(1)shall terminate only— on the relocation of an applicable utility service referred to in paragraph (1), and then only with respect to that portion of those utility facilities that are relocated; or with the consent of the holder of the easement, permit right, or right-of-way. The Secretary of the Interior shall grant to a utility service provider, without consideration, such additional easements across the property transferred under this section as the Secretary considers necessary to accommodate the relocation or reconnection of a utility service existing prior to the date of enactment of this section on property held by the Secretary of the Interior in trust for the Ho-Chunk Nation. Any real property taken into trust under this section shall not be eligible, or used, for any gaming activity carried out under the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ). Nothing in this section shall diminish or increase the liability of the United States or otherwise affect the liability of the United States under any provision of law.
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Sec. 3078
Transfer of administrative jurisdiction, Badger Army Ammunition Plant, Baraboo, Wisconsin
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