National Defense Authorization Act for Fiscal Year 2017

Floor Speech

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Mr. PEARCE. Mr. Chair, in January of 1993, the BRAC Commission closed Fort Wingate in New Mexico. Fort Wingate was destined and designated to go to two tribes, equitably divided between the two--the Navajo Nation and the Zunis.

During the past 12 years, I have been involved in negotiations back and forth between the tribes. The lands were occupied ancestrally by both tribes. There have been many long, ongoing discussions between all of the parties. We have gotten signatures in the past from different members of the Navajo government. We currently have a letter dated May 16, 2016, in which it states that it is the opinion of the Navajo Nation that the land division and the terms developed between the two tribes would provide a solution to the land division.

All we are asking is that the agreed-upon maps be distributed in accordance with the terms, signed by the speaker of the Navajo Nation and the Zunis. That is the purpose of this amendment today. It is a fairly simple distribution according to the provisions that are listed in the BRAC ruling of January 1993.

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Mr. PEARCE. Mr. Chair, that is a provision that I, personally, did not put into the bill. It came from the committee of jurisdiction, the Natural Resources Committee. They insisted on it because it is prevailing language under the law.

The objection in the letter from the Navajo, which I was just showing the gentlewoman previously, describes that, and the language reads that they have so far failed to acquire a new right-of-way with the U.S. Army and now have come to Congress to address their error.

What has happened is that the right-of-way has yielded, and the language here was language that has previously been set up by the committee in order to address this.

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Mr. PEARCE. Again, addressing the gentlewoman, those are the subjects that Mr. Lujan and I have agreed that we would work on in conference. I think that we are more than willing to accommodate, but to stall this out now--this is the last vehicle this year. Literally, we are out of time. I would gladly accept the gentlewoman's help in the conference committee, and I want to resolve this. Again, I have been working on it for 12 years. We go and we get the signatures. It has been very arduous on the parts of all, and I understand the difficulty when you have aboriginal lands.

Again, when I look at the language, it is language that was previously established in the Ho-Chunk Nation distribution. The language literally is set in precedent, and the committee explains to us there is not much option there; but I am more than willing to work on the issue with the gentlewoman.

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Mr. PEARCE. I yield to the gentlewoman from Minnesota.

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Mr. PEARCE. Mr. Chair, reclaiming my time, what we are trying to do is put into the hands of two Indian nations land that has been designated for them since 1993. I think that all parties just want it to be done in the right fashion. We are so close at this point that I would really appreciate the fact that we put it in this bill, that we include it, and move it into the conference. I am certain that with the Senator's input, they will be listening to the same concerns as the gentlewoman is listening to.

Again, I appreciate the help of Mr. Young, Mr. Lujan--all of those parties--and both Chairman Thornberry and Chairman Bishop.

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Mr. PEARCE. Mr. Chair, in closing, again, I just appreciate the consideration by the gentlewoman.

I yield back the balance of my time.

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