[House Report 110-610]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-610
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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
_______
April 29, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 3522]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred 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, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
PURPOSE OF THE BILL
The purpose of H.R. 3522 is 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 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.
BACKGROUND AND NEED FOR LEGISLATION
For nearly 20 years, there has been a dispute between the
Jicarilla Apache Tribe and Rio Arriba County, New Mexico, over
the ownership of a road on a parcel of land formerly referred
to as Theis Ranch. The Jicarilla Apache Tribe purchased the
Theis Ranch in 1985. In September of 1988, the Secretary of the
Interior placed the Theis Ranch property in trust and declared
it part of the Jicarilla Apache Reservation.
In 1987, a lawsuit was filed in New Mexico state court to
determine the ownership status of the disputed road. The
District Court ruled in favor of the Tribe, and subsequently
the County appealed. This appeal is currently pending before
the New Mexico Court of Appeals. In an effort to settle the
dispute outside the courtroom, the Tribe and the County entered
into mediation. In 2003, the Tribe and County reached a
settlement that was approved by the Secretary of the Interior.
The settlement agreement provided that the Tribe would transfer
approximately 70.5 acres of land located within the expanded
1988 reservation to the County. In exchange, the County agreed
to abandon any and all claims to the disputed road. H.R. 3522
ratifies the conveyance of the land as established in the
settlement agreement, and is therefore necessary to resolution
of the litigation.
In the 109th Congress, H.R. 4876, a nearly identical bill,
passed the House under suspension of the rules.
COMMITTEE ACTION
H.R. 3522 was introduced on September 10, 2007 by
Representative Tom Udall (D-NM). The bill was referred to the
Committee on Natural Resources. On April 9, 2008, the Committee
on Natural Resources held a hearing on the bill. The full
Committee on Natural Resources met to consider the bill on
April 17, 2008, and ordered it favorably reported to the House
of Representatives by unanimous consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Definitions
Section 1 defines the terms ``Jicarilla Apache Nation,''
``1988 Reservation Addition,'' ``Settlement Agreement,''
``Lawsuit,'' ``Rio Arriba County,'' ``Settlement Lands,''
``Secretary,'' and ``Disputed County Road'' for purposes of
this Act.
Section 2. Congressional findings
Section 2 sets forth the findings supporting the background
and reasoning for this bill, including that the Jicarilla
Apache Nation and the County of Rio Arriba, New Mexico, have
reached a Settlement Agreement over a lawsuit involving a
disputed road. Furthermore, it provides that the Settlement
Agreement has been approved by the Secretary of the Interior.
Section 3. Condition on effect of section
Section 3 provides that ratification of the conveyance and
issuance of a patent shall not occur until after the conditions
set forth in subsection (a) are met by the Jicarilla Apache
Nation and the County of Rio Arriba, New Mexico, and the
Secretary of the Interior has published such findings in the
Federal Register.
Section 4. Ratification of conveyance; issuance of patent
Section 4 ratifies and approves the Jicarilla Apache
Nation's quitclaim deed for the settlement lands to the County
of Rio Arriba. Further, it requires the Secretary of the
Interior to issue a patent for the settlement lands to the
County of Rio Arriba.
Section 5. Boundary change
Section 5 provides that lands conveyed to the County of Rio
Arriba under this Act shall cease to be a part of the Jicarilla
Apache Reservation.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is 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 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.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 3522--A bill 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
CBO estimates that implementing H.R. 3522 would have no
significant impact on the federal budget. H.R. 3522 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would impose no costs on
state, local, or tribal governments.
H.R. 3522 would authorize a settlement between the
Jicarilla Apache Nation and Rio Arriba County, New Mexico,
regarding a dispute over the ownership of a road on the tribe's
reservation. The settlement agreement that would be ratified by
the bill would remove approximately 70 acres of land within the
reservation from trust and reservation status, which would
allow that land to be conveyed to Rio Arriba County, provided
that certain conditions are met. In exchange, the county would
agree to abandon all other legal claims to the disputed road.
Based on information provided by the Bureau of Indian Affairs,
CBO expects that implementing this conveyance would have no
significant impact on administrative costs to that agency.
The CBO staff contact for this estimate is Leigh Angres.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 3522 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.