Sec. 7005. Return of Certain Lands At Fort Wingate to The Original Inhabitants Act
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This section may be cited as the . Return of Certain Lands At Fort Wingate to The Original Inhabitants Act Subject to valid existing rights and to easements reserved pursuant to subsection (c), all right, title, and interest of the United States in and to the lands of Former Fort Wingate Depot Activity depicted in dark blue on the map titled The Fort Wingate Depot Activity Negotiated Property Division April 2016 (in this section referred to as 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 clause
(ii)of paragraph (3)(C) to have the parcel conveyed to it in Restricted Fee Status. Subject to valid existing rights and to easements reserved pursuant to subsection (c), all right, title, and interest of the United States in and to the lands of Former Fort Wingate Depot Activity depicted in dark green 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 clause
(ii)of paragraph (3)(C) to have the parcel conveyed to it in Restricted Fee Status. Not later than 60 days after the date on which the Secretary of the Army, with the concurrence of the New Mexico Environment Department, notifies the Secretary of the Interior that remediation of a parcel of land of Former Fort Wingate Depot Activity has been completed consistent with subsection (d), the Secretary of the Army shall transfer administrative jurisdiction over the parcel to the Secretary of the Interior. Not later than 30 days after the date on which the Secretary of the Army transfers administrative jurisdiction over a parcel of land of Former Fort Wingate Depot Activity under subparagraph (A), the Secretary of the Interior shall notify the Zuni Tribe and Navajo Nation of the transfer of administrative jurisdiction over the parcel. Except as provided in clause (ii), the Secretary of the Interior shall hold each parcel of land of Former Fort Wingate Depot Activity transferred under subparagraph
(A)in trust— for the Zuni Tribe, in the case of land depicted in blue on the Map; or for the Navajo Nation, in the case of land depicted in green on the Map. In lieu of having a parcel of land held in trust under clause (i), 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. Not later than 45 days after the date on which the Zuni Tribe or the Navajo Nation receives notice under subparagraph
(B)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 clause
(ii)for conveyance of the parcel or any portion of the parcel in restricted fee status. As soon as practicable after receipt of a notice from the Zuni Tribe or the Navajo Nation under clause (iii), 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. For purposes of this section only, the term restricted fee status , with respect to land conveyed under clause (iv), means that the land so conveyed— shall be owned in fee by the Indian tribe to whom the land is conveyed; shall be part of the Indian tribe’s Reservation and expressly made subject to the jurisdiction of the Indian Tribe; shall not be sold by the Indian tribe without the consent of Congress; shall not be subject to taxation by a State or local government other than the government of the Indian tribe; and 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. The Secretary of the Interior shall— 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 paragraph (1), (2), or (3); and establish legal boundaries based on the Map as parcels are taken into trust or conveyed in restricted fee status. Not later than 90 days after the date of the enactment of this section, 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. Part 151 of title 25, Code of Federal Regulations, shall not apply to taking lands of Former Fort Wingate Depot Activity into trust under paragraph (1), (2), or (3). Upon certification by the Secretary of Defense that the area generally depicted as Fort Wingate Launch Complex on the Map is no longer required for military purposes and can be transferred to the Secretary of the Interior— the areas generally depicted as FWLC A and FWLC B on the Map shall be held in trust by the Secretary of the Interior for the Zuni Tribe in accordance with this subsection; and the areas generally depicted as FWLC C and FWLC D on the Map shall be held in trust by the Secretary of the Interior for the Navajo Nation in accordance with this subsection. The lands of Former Fort Wingate Depot Activity held in trust or conveyed in restricted fee status pursuant to subsection
(b)shall be held in trust with easements, permit rights, and rights-of-way, and access associated with such easements, permit rights, and rights-of-way, of any applicable utility service provider in existence or for which an application is pending for existing facilities at the time of the conveyance or change to trust status, including the right to upgrade applicable utility services recognized and preserved, in perpetuity and without the right of revocation (except as provided in subparagraph (B)). An easement, permit right, or right-of-way recognized and preserved under subparagraph
(A)shall terminate only— on the relocation of an applicable utility service referred to in subparagraph (A), but only with respect to that portion of the 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 lands held in trust or conveyed in restricted fee status pursuant to subsection
(b)as the Secretary considers necessary to accommodate the relocation or reconnection of a utility service existing on the date of enactment of this section. The lands of Former Fort Wingate Depot Activity held in trust or conveyed in restricted fee status pursuant to subsection
(b)shall be subject to reserved access by the United States as the Secretary of the Army and the Secretary of the Interior determine are reasonably required to permit access to lands of Former Fort Wingate Depot Activity for administrative and environmental response purposes. The Secretary of the Army shall provide to the governments of the Zuni Tribe and the Navajo Nation written copies of all access reservations under this subsection. 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 section, 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 subparagraph. The information shall also be provided to the Secretary of the Interior. 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 subsection (b), including, but not limited to, religious and cultural sites. 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. The lands of Former Fort Wingate Depot Activity held in trust or conveyed in restricted fee status pursuant to subsection
(b)shall be subject to reservations by the United States as the Secretary of Defense determines are reasonably required to permit access to lands of the Fort Wingate launch complex for administrative, test operations, and launch operations purposes. The Secretary of Defense shall provide the governments of the Zuni Tribe and the Navajo Nation written copies of all reservations under this paragraph. Nothing in this section shall be construed as alleviating, altering, or affecting the responsibility of the United States for cleanup and remediation of Former Fort Wingate Depot Activity in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Any real property of the Former Fort Wingate Depot Activity and all other real property subject to 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. ).
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Sec. 7005
Return of Certain Lands At Fort Wingate to The Original Inhabitants Act
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