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.
PL 110-236 (H.R.3522), enacted 05/27/2008

122 STAT. 1553 
PUBLIC LAW 110–236—MAY 27, 2008 
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 Reserva-
tion 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 Agree-
ment’’ 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 identi-
fied as Jicarilla Apache Tribe v. Board of County Commis-
sioners, 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 Res-
ervation 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 agree-
ment 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 Agree-
ment 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 rati-
fies 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 condi-
tions 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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122 STAT. 1555 
PUBLIC LAW 110–236—MAY 27, 2008 
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. 
(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 cov-
enant 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 pur-
poses 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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