[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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