I

106TH CONGRESS

1ST SESSION H. R. 505

To establish a Presidential commission to determine the validity of certain

land claims arising out of the Treaty of Guadalupe-Hidalgo of 1848

involving the descendants of persons who were Mexican citizens at the

time of the Treaty.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 2, 1999

Mr. UDALL of New Mexico introduced the following bill; which was referred

to the Committee on Resources

A BILL

To establish a Presidential commission to determine the validity of certain land claims arising out of the Treaty

of Guadalupe-Hidalgo of 1848 involving the descendants

of persons who were Mexican citizens at the time of

the Treaty.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Guadalupe-Hidalgo Treaty Land Claims Act of 1999’’.

6 (b) TABLE OF CONTENTS.—The table of contents of

7 this Act is as follows:
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Sec. 1. Short title; table of contents.

Sec. 2. Definitions and findings.

Sec. 3. Establishment and membership of Commission.

Sec. 4. Examination of land claims.

Sec. 5. Community Land Grant Study Center.

Sec. 6. Miscellaneous powers of Commission.

Sec. 7. Report.

Sec. 8. Termination.

Sec. 9. Authorization of appropriations.

1 SEC. 2. DEFINITIONS AND FINDINGS.

2 (a) DEFINITIONS.—For purposes of this Act:

3 (1) COMMISSION.—The term ‘‘Commission’’

4 means the Guadalupe-Hidalgo Treaty Land Claims

5 Commission established under section 3.

6 (2) TREATY OF GUADALUPE-HIDALGO.—The

7 term ‘‘Treaty of Guadalupe-Hidalgo’’ means the

8 Treaty of Peace, Friendship, Limits, and Settlement

9 (Treaty of Guadalupe Hidalgo), between the United

10 States and the Republic of Mexico, signed February

11 2, 1848 (TS 207; 9 Bevans 791).

12 (3) ELIGIBLE DESCENDANT.—The term ‘‘eligi13 ble descendant’’ means a descendant of a person

14 who—

15 (A) was a Mexican citizen before the Trea16 ty of Guadalupe-Hidalgo;

17 (B) was a member of a community land

18 grant; and

19 (C) became a United States citizen within

20 ten years after the effective date of the Treaty
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1 of Guadalupe-Hidalgo, May 30, 1848, pursuant

2 to the terms of the Treaty.

3 (4) COMMUNITY LAND GRANT.—The term

4 ‘‘community land grant’’ means a village, town, set5 tlement, or pueblo consisting of land held in common

6 (accompanied by lesser private allotments) by three

7 or more families under a grant from the King of

8 Spain (or his representative) before the effective

9 date of the Treaty of Cordova, August 24, 1821, or

10 from the authorities of the Republic of Mexico before

11 May 30, 1848, in what became the State of New

12 Mexico, regardless of the original character of the

13 grant.

14 (5) RECONSTITUTED.—The term ‘‘reconsti15 tuted’’, with regard to a valid community land grant,

16 means restoration to full status as a municipality

17 with rights properly belonging to a municipality

18 under State law and the right of local self-govern19 ment.

20 (b) FINDINGS.—Congress finds the following:

21 (1) New Mexico has a unique history regarding

22 the acquisition of ownership of land as a result of

23 the substantial number of Spanish and Mexican land

24 grants that were an integral part of the colonization

25 and growth of New Mexico before the United States
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1 acquired the area in the Treaty of Guadalupe-Hi2 dalgo.

3 (2) Various provisions of the Treaty of Guada4 lupe-Hidalgo have not yet been fully implemented in

5 the spirit of Article VI, section 2, of the Constitution

6 of the United States.

7 (3) Serious questions regarding the prior own8 ership of lands in the State of New Mexico, particu9 larly certain public lands, still exist.

10 (4) Congressionally established land claim com11 missions have been used in the past to successfully

12 examine disputed land possession questions.

13 SEC. 3. ESTABLISHMENT AND MEMBERSHIP OF COMMIS14 SION.

15 (a) ESTABLISHMENT.—There is established a com16 mission to be known as the ‘‘Guadalupe-Hidalgo Treaty

17 Land Claims Commission’’.

18 (b) NUMBER AND APPOINTMENT OF MEMBERS.—

19 The Commission shall be composed of five members ap20 pointed by the President by and with the advice and con21 sent of the Senate. At least two of the members of the

22 Commission shall be selected from among persons who are

23 eligible descendants.

24 (c) TERMS.—Each member shall be appointed for the

25 life of the Commission. A vacancy in the Commission shall
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1 be filled in the manner in which the original appointment

2 was made.

3 (d) COMPENSATION.—Members shall each be entitled

4 to receive the daily equivalent of level V of the Executive

5 Schedule for each day (including travel time) during which

6 they are engaged in the actual performance of duties vest7 ed in the Commission.

8 SEC. 4. EXAMINATION OF LAND CLAIMS.

9 (a) SUBMISSION OF LAND CLAIMS PETITIONS.—Any

10 three (or more) eligible descendants who are also descend11 ants of the same community land grant may file with the

12 Commission a petition on behalf of themselves and all

13 other descendants of that community land grant seeking

14 a determination of the validity of the land claim that is

15 the basis for the petition.

16 (b) DEADLINE FOR SUBMISSION.—To be considered

17 by the Commission, a petition under subsection (a) must

18 be received by the Commission not later than five years

19 after the date of the enactment of this Act.

20 (c) ELEMENTS OF PETITION.—A petition under sub21 section (a) shall be made under oath and shall contain

22 the following:

23 (1) The names and addresses of the eligible de24 scendants who are petitioners.
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1 (2) The fact that the land involved in the peti2 tion was a community land grant at the time of the

3 effective date of the Guadalupe-Hidalgo Treaty.

4 (3) The extent of the community land grant, to

5 the best of the knowledge of the petitioners, accom6 panied with a survey or, if a survey is not feasible

7 to them, a sketch map thereof.

8 (4) The fact that the petitioners reside, or in9 tend to settle upon, the community land grant.

10 (5) All facts known to petitioners concerning

11 the community land grant, together with copies of

12 all papers in regard thereto available to petitioners.

13 (d) PETITION HEARING.—At one or more designated

14 locations in the State of New Mexico, the Commission

15 shall hold a hearing upon each petition timely submitted

16 under subsection (a), at which hearing all persons having

17 an interest in the land involved in the petition shall have

18 the right, upon notice, to appear as a party.

19 (e) SUBPOENA POWER.—

20 (1) IN GENERAL.—The Commission may issue

21 subpoenas requiring the attendance and testimony of

22 witnesses and the production of any evidence relat23 ing to any petition submitted under subsection (a).

24 The attendance of witnesses and the production of

25 evidence may be required from any place within the
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1 United States at any designated place of hearing

2 within the State of New Mexico.

3 (2) FAILURE TO OBEY A SUBPOENA.—If a per4 son refuses to obey a subpoena issued under para5 graph (1), the Commission may apply to a United

6 States district court for an order requiring that per7 son to appear before the Commission to give testi8 mony, produce evidence, or both, relating to the

9 matter under investigation. The application may be

10 made within the judicial district where the hearing

11 is conducted or where that person is found, resides,

12 or transacts business. Any failure to obey the order

13 of the court may be punished by the court as civil

14 contempt.

15 (3) SERVICE OF SUBPOENAS.—The subpoenas

16 of the Commission shall be served in the manner

17 provided for subpoenas issued by a United States

18 district court under the Federal Rules of Civil Pro19 cedure for the United States district courts.

20 (4) SERVICE OF PROCESS.—All process of any

21 court to which application is to be made under para22 graph (2) may be served in the judicial district in

23 which the person required to be served resides or

24 may be found.
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1 (f) DECISION.—On the basis of the facts contained

2 in a petition submitted under subsection (a), and the hear3 ing held with regard to the petition, the Commission shall

4 determine the validity of the community land grant de5 scribed in the petition. The decision shall include a rec6 ommendation of the Commission regarding whether the

7 community land grant should be reconstituted and its

8 lands restored.

9 (g) PROTECTION OF NON-FEDERAL PROPERTY.—

10 The decision of the Commission regarding the validity of

11 a petition submitted under subsection (a) shall not affect

12 the ownership, title, or rights of owners of any non-Fed13 eral lands covered by the petition. Any recommendation

14 of the Commission under subsection (f) regarding whether

15 a community land grant should be reconstituted and its

16 lands restored may not address non-Federal lands. In the

17 case of a valid petition covering lands held in non-Federal

18 ownership, the Commission shall modify the recommenda19 tion under subsection (f) to recommend the substitution

20 of comparable Federal lands in the State of New Mexico

21 for the lands held in non-Federal ownership.

22 SEC. 5. COMMUNITY LAND GRANT STUDY CENTER.

23 To assist the Commission in the performance of its

24 activities under section 4, the Commission shall establish

25 a Community Land Grant Study Center at the Onate Cen-
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1 ter in Alcalde, New Mexico. The Commission shall be

2 charged with the responsibility of directing the research,

3 study, and investigations necessary for the Commission to

4 perform its duties under this Act.

5 SEC. 6. MISCELLANEOUS POWERS OF COMMISSION.

6 (a) HEARINGS AND SESSIONS.—The Commission

7 may, for the purpose of carrying out this Act, hold hear8 ings, sit and act at times and places, take testimony, and

9 receive evidence as the Commission considers appropriate.

10 The Commission may administer oaths or affirmations to

11 witnesses appearing before it.

12 (b) POWERS OF MEMBERS AND AGENTS.—Any mem13 ber or agent of the Commission may, if authorized by the

14 Commission, take any action which the Commission is au15 thorized to take by this section.

16 (c) GIFTS, BEQUESTS, AND DEVISES.—The Commis17 sion may accept, use, and dispose of gifts, bequests, or

18 devises of services or property, both real and personal, for

19 the purpose of aiding or facilitating the work of the Com20 mission.

21 (d) MAILS.—The Commission may use the United

22 States mails in the same manner and under the same con23 ditions as other departments and agencies of the United

24 States.
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1 (e) ADMINISTRATIVE SUPPORT SERVICES.—Upon

2 the request of the Commission, the Administrator of Gen3 eral Services shall provide to the Commission, on a reim4 bursable basis, the administrative support services nec5 essary for the Commission to carry out its responsibilities

6 under this Act.

7 (f) IMMUNITY.—The Commission is an agency of the

8 United States for the purpose of part V of title 18, United

9 States Code (relating to immunity of witnesses).

10 SEC. 7. REPORT.

11 As soon as practicable after reaching its last decision

12 under section 4, the Commission shall submit to the Presi13 dent and the Congress a report containing each decision,

14 including the recommendation of the Commission regard15 ing whether certain community land grants should be re16 constituted, so that the Congress may act upon the rec17 ommendations.

18 SEC. 8. TERMINATION.

19 The Commission shall terminate on 180 days after

20 submitting its final report under section 7.

21 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

22 There is authorized to be appropriated $1,000,000

23 for each of the fiscal years 2000 through 2008 for the

24 purpose of carrying out the activities of the Commission
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1 and to establish and operate the Community Land Grant

2 Study Center under section 5.

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