[Congressional Record Volume 154, Number 69 (Tuesday, April 29, 2008)]
[House]
[Pages H2770-H2771]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
JICARILLA APACHE RESERVATION CONVEYANCE
Mr. RAHALL. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3522) to ratify a conveyance of a portion of the Jicarilla
Apache Reservation to Rio Arriba County, State of New Mexico, pursuant
to the settlement of litigation between the Jicarilla Apache Nation and
Rio Arriba County, State of New Mexico, to authorize issuance of a
patent for said lands, and to change the exterior boundary of the
Jicarilla Apache Reservation accordingly, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3522
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. DEFINITIONS.
For the purposes of this act, the following definitions
apply:
(1) Jicarilla apache nation.--The term ``Jicarilla Apache
Nation'' means the Jicarilla Apache Nation, a tribe of
American Indians recognized by the United States and
organized under section 16 of the Act of June 18, 1934 (25
U.S.C. 476; popularly known as the Indian Reorganization
Act).
(2) 1988 reservation addition.--The term ``1988 Reservation
Addition'' means those lands, known locally as the Theis
Ranch, that are described in the Federal Register published
on September 26, 1988 at 53 F.R. 37355-56 and were added to
the Jicarilla Apache Reservation in New Mexico in 1988.
(3) Settlement agreement.--The term ``Settlement
Agreement'' means the agreement executed by the President of
the Jicarilla Apache Nation on May 6, 2003 and executed by
the Chairman of the Rio Arriba Board of County Commissioners
on May 15, 2003 and approved by the Department of the
Interior on June 18, 2003 to settle the Lawsuit.
(4) Lawsuit.--The term ``Lawsuit'' means the case
identified as Jicarilla Apache Tribe v. Board of County
Commissioners, County of Rio Arriba, No. RA 87-2225(C), State
of New Mexico District Court, First Judicial District, filed
in October 1987.
(5) Rio arriba county.--The term ``Rio Arriba County''
means the political subdivision of the state of New Mexico
described in Section 4-21-1 and Section 4-21-2, New Mexico
Statutes Annotated 1978 (Original Pamphlet).
(6) Settlement lands.--The term ``Settlement Lands'' means
Tract A and Tract B as described in the plat of the
``Dependent Resurvey and Survey of Tract within Theis Ranch''
within the Tierra Amarilla Grant, New Mexico prepared by Leo
P. Kelley, Cadastral Surveyor, United States Department of
the Interior, Bureau of Land Management, dated January 7,
2004, and recorded in the office of the Rio Arriba County
Clerk on March 8, 2004, in Cabinet C-1, Page 199, Document
No. 242411, consisting of 70.75 acres more or less. Title to
the Settlement Lands is held by the United States in trust
for the Jicarilla Apache Nation.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Disputed county road.--The term ``Disputed County
Road'' means the county road passing through the 1988
Reservation Addition along the course identified in the
judgment entered by the New Mexico District Court in the
Lawsuit on December 10, 2001 and the decision entered on
December 11, 2001, which judgment and decision have been
appealed to the New Mexico Court of Appeals.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds the following:
(1) The Lawsuit is now pending before the Court of Appeals
of the State of New Mexico and involves a claim that a county
road passing through the 1988 Reservation Addition had been
established by prescription prior to acquisition of the land
by the Jicarilla Apache Nation in 1985.
(2) The parties to that lawsuit, the Jicarilla Apache
Nation and the County of Rio Arriba, have executed a
Settlement Agreement, approved by the Secretary of the
Interior, to resolve all claims relating to the disputed
county road, which agreement requires ratifying legislation
by the Congress of the United States.
(3) The parties to the Settlement Agreement desire to
settle the claims relating to the disputed county road on the
terms agreed to by the parties, and it is in the best
interests of the parties to resolve the claims through the
Settlement Agreement and this implementing legislation.
SEC. 3. CONDITION ON EFFECT OF SECTION.
(a) In General.--Section 4 of this Act shall not take
effect until the Secretary finds the following events have
occurred:
(1) The Board of Commissioners of Rio Arriba County has
enacted a resolution permanently abandoning the disputed
county road and has submitted a copy of that resolution to
the Secretary.
(2) The Jicarilla Apache Nation has executed a quitclaim
deed to Rio Arriba County for the Settlement Lands subject to
the exceptions identified in the Settlement Agreement and has
submitted a copy of the quitclaim deed to the Secretary.
(b) Publication of Findings.--If the Secretary finds that
the conditions set forth in subsection (a) have occurred, the
Secretary shall publish such findings in the Federal
Register.
SEC. 4. RATIFICATION OF CONVEYANCE; ISSUANCE OF PATENT.
(a) Conditional Ratification and Approval.--This Act
ratifies and approves the Jicarilla Apache Nation's quitclaim
deed for the Settlement Lands to Rio Arriba County, but such
ratification and approval shall be effective only upon
satisfaction of all conditions in section 3, and only as of
the date that the Secretary's findings are published in the
Federal Register pursuant to section 3.
(b) Patent.--Following publication of the notice described
in section 3, the Secretary shall issue to Rio Arriba County
a patent for the Settlement Lands, subject to the exceptions
and restrictive covenants described subsection (c).
(c) Conditions of Patent.--The patent to be issued by the
Secretary under subsection (b) shall be subject to all valid
existing rights of third parties, including but not limited
to easements of record, and shall include the following
perpetual restrictive covenant running with the Settlement
Lands for the benefit of the lands comprising the Jicarilla
Apache Reservation adjacent to the Settlement Lands: ``Tract
A shall be used only for governmental purposes and shall not
be used for a prison, jail or other facility for
incarcerating persons accused or convicted of a crime. For
purposes of this restrictive covenant,'' governmental
purposes ``shall include the provision of governmental
services to the public by Rio Arriba County and the
development and operation of private businesses to the extent
permitted by applicable State law.''.
SEC. 5. BOUNDARY CHANGE.
Upon issuance of the patent authorized by section 4, the
lands conveyed to Rio Arriba County in the patent shall cease
to be a part of the Jicarilla Apache Reservation and the
exterior boundary of the Jicarilla Apache Reservation shall
be deemed relocated accordingly.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
West Virginia (Mr. Rahall) and the gentleman from Utah (Mr. Bishop)
each will control 20 minutes.
The Chair recognizes the gentleman from West Virginia.
General Leave
Mr. RAHALL. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on the resolution under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from West Virginia?
There was no objection.
Mr. RAHALL. I yield myself such time as I may consume.
(Mr. RAHALL asked and was given permission to revise and extend his
remarks.)
Mr. RAHALL. Passage of the pending measure will resolve a
longstanding dispute between the Jicarilla Apache Nation and the county
of Rio Arriba in New Mexico over a disputed road. The tribe and the
county have agreed to a settlement which requires the approval of
Congress in order to become effective.
Under this settlement agreement, the tribe will transfer 70.5 acres
of land located within its expanded 1988 reservation to the county. In
exchange, the county will abandon any and all claims to the disputed
road.
I would like to commend our colleague from New Mexico for his super
leadership and determination, Mr. Tom Udall, for bringing this bill
before us today.
Some of the more difficult and contentious issues that we deal with
are those of property lines and jurisdictions of towns, private
landowners and Indian tribes. Mr. Udall has never shied away from such
matters when they affect the Indian tribes of New Mexico, and I commend
him. I urge my colleagues to support its passage.
{time} 1415
I reserve the balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may
consume.
H.R. 3522 implements a settlement agreement worked out by the tribe
and Rio Arriba County. As a result, the parties resolve a long-lasting
litigation by conveying tribal lands to the county for transportation
purposes.
[[Page H2771]]
I support the settlement along with the administration. I urge my
colleagues to do the same thing.
We have no additional speakers, and I yield back the balance of my
time.
Mr. RAHALL. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from West Virginia (Mr. Rahall) that the House suspend the
rules and pass the bill, H.R. 3522.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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