[110th Congress Public Law 236]
[From the U.S. Government Printing Office]


[DOCID: f:publ236.110]

[[Page 122 STAT. 1553]]

Public Law 110-236
110th Congress

                                 An Act


 
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. <<NOTE: May 27, 2008 -  [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

[[Page 122 STAT. 1554]]

        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 <<NOTE: Federal Register, 
publication.>> 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 <<NOTE: Effective 
date.>> 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).

[[Page 122 STAT. 1555]]

    (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.

    Approved May 27, 2008.

LEGISLATIVE HISTORY--H.R. 3522:
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HOUSE REPORTS: No. 110-610 (Comm. on Natural Resources).
CONGRESSIONAL RECORD, Vol. 154 (2008):
            Apr. 29, considered and passed House.
            May 1, considered and passed Senate.

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