PUBLIC LAW 110–236—MAY 27, 2008 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. 

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 

May 27, 2008 

[H.R. 3522] 


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122 STAT. 1554 PUBLIC LAW 110–236—MAY 27, 2008 

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). 

Effective date. 

Federal Register, 

publication. 


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PUBLIC LAW 110–236—MAY 27, 2008 122 STAT. 1555 

LEGISLATIVE HISTORY—H.R. 3522: 

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. 

Æ 

(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. 


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