I 

111TH CONGRESS 

1ST SESSION H. R. 993 

To establish a Presidential commission to determine and evaluate 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 11, 2009 

Mr. LUJA ́N introduced the following bill; which was referred to the Committee 

on Natural Resources 

A BILL 

To establish a Presidential commission to determine and 

evaluate 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 AND TABLE OF CONTENTS. 

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

5 ‘‘Guadalupe-Hidalgo Treaty Land Claims Act of 2009’’. 

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

7 this Act is as follows: 


wwoods2 on PRODPC68 with BILLS
2 

•HR 993 IH

Sec. 1. Short title and table of contents. 

Sec. 2. Definitions and findings. 

Sec. 3. Establishment and membership of Commission. 

Sec. 4. Examination of land claims. 

Sec. 5. Assistance for Commission. 

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 


wwoods2 on PRODPC68 with BILLS
3 

•HR 993 IH

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 part of the United 

12 States, 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) The western and southwestern portion of 

22 the United States has a unique history regarding the 

23 acquisition of ownership of land as a result of the 

24 substantial number of Spanish and Mexican land 

25 grants that were an integral part of the colonization 


wwoods2 on PRODPC68 with BILLS
4 

•HR 993 IH

1 and growth of the region before the United States 

2 acquired the region in the Treaty of Guadalupe-Hi3 dalgo. 

4 (2) Various provisions of the Treaty of Guada5 lupe-Hidalgo have not yet been fully implemented in 

6 the spirit of article VI, section 2, of the Constitution 

7 of the United States. 

8 (3) Serious questions regarding the prior own9 ership of lands in several western and southwestern 

10 States, particularly certain public lands, still exist. 

11 (4) Congressionally established land claim com12 missions have been used in the past to successfully 

13 examine disputed land possession questions. 

14 SEC. 3. ESTABLISHMENT AND MEMBERSHIP OF COMMIS15 SION. 

16 (a) ESTABLISHMENT.—There is established a com17 mission to be known as the ‘‘Guadalupe-Hidalgo Treaty 

18 Land Claims Commission’’. 

19 (b) NUMBER AND APPOINTMENT OF MEMBERS.— 

20 The Commission shall be composed of seven members ap21 pointed by the President by and with the advice and con22 sent of the Senate. At least three of the members of the 

23 Commission shall be selected from among persons who are 

24 eligible descendants, including one of whom is a member 

25 of an Indian tribe. 


wwoods2 on PRODPC68 with BILLS
5 

•HR 993 IH

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

2 life of the Commission. A vacancy in the Commission shall 

3 be filled in the manner in which the original appointment 

4 was made. 

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

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

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

8 they are engaged in the actual performance of duties vest9 ed in the Commission. 

10 SEC. 4. EXAMINATION OF LAND CLAIMS. 

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

12 three (or more) eligible descendants who are also descend13 ants of the same community land grant may file with the 

14 Commission a petition on behalf of themselves and all 

15 other descendants of that community land grant seeking 

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

17 the basis for the petition. 

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

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

20 be received by the Commission not later than five years 

21 after the date of the enactment of this Act. 

22 (c) ELEMENTS OF PETITION.—A petition under sub23 section (a) shall be made under oath and shall contain 

24 the following: 


wwoods2 on PRODPC68 with BILLS
6 

•HR 993 IH

1 (1) The names and addresses of the eligible de2 scendants who are petitioners. 

3 (2) The fact that the land involved in the peti4 tion was a community land grant at the time of the 

5 effective date of the Guadalupe-Hidalgo Treaty. 

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

7 the best of the knowledge of the petitioners, accom8 panied with a survey or, if a survey is not feasible 

9 to them, a sketch map thereof. 

10 (4) The fact that the petitioners reside, or in11 tend to settle upon, the community land grant. 

12 (5) All facts known to petitioners concerning 

13 the community land grant, together with copies of 

14 all papers in regard thereto available to petitioners. 

15 (d) PETITION HEARING.—At one or more locations 

16 designated by the Commission, the Commission shall hold 

17 a hearing upon each petition timely submitted under sub18 section (a), at which hearing all persons having an interest 

19 in the land involved in the petition shall have the right, 

20 upon notice, to appear as a party. 

21 (e) SUBPOENA POWER.— 

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

23 subpoenas requiring the attendance and testimony of 

24 witnesses and the production of any evidence relat25 ing to any petition submitted under subsection (a). 


wwoods2 on PRODPC68 with BILLS
7 

•HR 993 IH

1 (2) FAILURE TO OBEY A SUBPOENA.—If a per2 son refuses to obey a subpoena issued under para3 graph (1), the Commission may apply to a United 

4 States district court for an order requiring that per5 son to appear before the Commission to give testi6 mony, produce evidence, or both, relating to the 

7 matter under investigation. The application may be 

8 made within the judicial district where the hearing 

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

10 or transacts business. Any failure to obey the order 

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

12 contempt. 

13 (3) SERVICE OF SUBPOENAS.—The subpoenas 

14 of the Commission shall be served in the manner 

15 provided for subpoenas issued by a United States 

16 district court under the Federal Rules of Civil Pro17 cedure for the United States district courts. 

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

19 court to which application is to be made under para20 graph (2) may be served in the judicial district in 

21 which the person required to be served resides or 

22 may be found. 

23 (f) DECISION.— 

24 (1) IN GENERAL.—On the basis of the facts 

25 contained in a petition submitted under subsection 


wwoods2 on PRODPC68 with BILLS
8 

•HR 993 IH

1 (a), the hearing held with regard to the petition, and 

2 such other information as the Commission considers 

3 appropriate, the Commission shall determine the va4 lidity of the community land grant described in the 

5 petition. 

6 (2) RECOMMENDED RELIEF.—In the case of a 

7 petition determined to be valid, the decision of the 

8 Commission under paragraph (1) shall include the 

9 Commission’s recommendations regarding the appro10 priate relief that should be provided to the peti11 tioner, including whether the community land grant 

12 should be reconstituted and its lands restored. 

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

14 The decision of the Commission regarding the validity of 

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

16 the ownership, title, or rights of owners of any non-Fed17 eral lands covered by the petition. Any recommendation 

18 of the Commission under subsection (f) regarding whether 

19 a community land grant should be reconstituted and its 

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

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

22 ownership, the Commission shall modify any recommenda23 tion for reconstitution of the community land grant to rec24 ommend the substitution of comparable Federal lands in 


wwoods2 on PRODPC68 with BILLS
9 

•HR 993 IH

1 the same State as the State in which the non-Federal 

2 lands are located. 

3 SEC. 5. ASSISTANCE FOR COMMISSION. 

4 (a) COMMUNITY LAND GRANT STUDY CENTER.—To 

5 assist the Commission in the performance of its activities 

6 under section 4, the Commission shall establish a Commu7 nity Land Grant Study Center at the Onate Center in Al8 calde, New Mexico. The Commission shall be charged with 

9 the responsibility of directing the research, study, and in10 vestigations necessary for the Commission to perform its 

11 duties under this Act. 

12 (b) COMPTROLLER GENERAL ASSISTANCE.—At the 

13 request of the Commission, the Comptroller General may 

14 make available personnel, equipment, and facilities of the 

15 Government Accountability Office to assist the Commis16 sion in performing its activities under section 4. The Com17 mission may review reports previously prepared by the 

18 Government Accountability Office regarding community 

19 land grants and request an interview with the authors of 

20 the reports. 

21 SEC. 6. MISCELLANEOUS POWERS OF COMMISSION. 

22 (a) HEARINGS AND SESSIONS.—The Commission 

23 may, for the purpose of carrying out this Act, hold hear24 ings, sit and act at times and places, take testimony, and 

25 receive evidence as the Commission considers appropriate. 


wwoods2 on PRODPC68 with BILLS
10 

•HR 993 IH

1 The Commission may administer oaths or affirmations to 

2 witnesses appearing before it. 

3 (b) POWERS OF MEMBERS AND AGENTS.—Any mem4 ber or agent of the Commission may, if authorized by the 

5 Commission, take any action which the Commission is au6 thorized to take by this section. 

7 (c) GIFTS, BEQUESTS, AND DEVISES.—The Commis8 sion may accept, use, and dispose of gifts, bequests, or 

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

10 the purpose of aiding or facilitating the work of the Com11 mission. 

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

13 States mails in the same manner and under the same con14 ditions as other departments and agencies of the United 

15 States. 

16 (e) ADMINISTRATIVE SUPPORT SERVICES.—Upon 

17 the request of the Commission, the Administrator of Gen18 eral Services shall provide to the Commission, on a reim19 bursable basis, the administrative support services nec20 essary for the Commission to carry out its responsibilities 

21 under this Act. 

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

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

24 States Code (relating to immunity of witnesses). 


wwoods2 on PRODPC68 with BILLS
11 

•HR 993 IH

1 SEC. 7. REPORT. 

2 As soon as practicable after reaching its last decision 

3 under section 4, the Commission shall submit to the Presi4 dent and the Congress a report containing each decision, 

5 including the recommendation of the Commission regard6 ing whether certain community land grants should be re7 constituted or other relief provided to eligible descendants, 

8 so that the Congress may act upon the recommendations. 

9 SEC. 8. TERMINATION. 

10 The Commission shall terminate on the date that is 

11 180 days after the date such Commission submits its final 

12 report under section 7. 

13 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

14 There is authorized to be appropriated $1,900,000 

15 for each of the fiscal years 2010 through 2016 for the 

16 purpose of carrying out the activities of the Commission 

17 and to establish and operate the Community Land Grant 

18 Study Center under section 5. 

Æ 


wwoods2 on PRODPC68 with BILLS