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106TH CONGRESS

2D SESSION S. 2022

To provide for the development of remedies to resolve unmet community

land grant claims in New Mexico.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 2, 2000

Mr. BINGAMAN (for himself and Mr. DOMENICI) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To provide for the development of remedies to resolve unmet

community land grant claims in New Mexico.

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.

4 This Act may be cited as the ‘‘New Mexico Commu5 nity Land Grant Reivew Act’’.

6 SEC. 2. PURPOSE, DEFINITIONS, AND FINDINGS.

7 (a) PURPOSE.—The purpose of this Act is to provide

8 for the development of potential remedies to resolve unmet

9 obligations by the United States with regard to community
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1 land grant claims in New Mexico under the Treaty of Gua2 dalupe-Hidalgo.

3 (b) DEFINITIONS.—As used in this Act:

4 (1) TREATY OF GUADALUPE-HIDALGO.—The

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

6 Treaty of Peace, Friendship, Limits, and Settlement

7 (Treaty of Guadalupe Hidalgo), between the United

8 States and the Republic of Mexico, signed February

9 2, 1848, with the amending Protocol of Queretaro

10 signed May 26, 1848; entered into force on May 30,

11 1948 (TS 207; 9 Bevans 791).

12 (2) COMMUNITY LAND GRANT.—The term

13 ‘‘community land grant’’ means a village, town, set14 tlement, or pueblo consisting of land held in common

15 (accompanied by lesser private allotments) by three

16 or more families under a grant from the King of

17 Spain (or his representative) before the effective

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

19 from the authorities of the Republic of Mexico before

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

21 Mexico, regardless of the original character of the

22 grant.

23 (3) LAND GRANT CLAIM.—The term ‘‘land

24 grant claim’’ means a claim to land owned by a com25 munity land grant.
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1 (4) GAO.—The term ‘‘GAO’’ means the United

2 States General Accounting Office.

3 (c) FINDINGS.—The Congress finds:

4 (1) New Mexico has a unique and complex his5 tory regarding land ownership due to the substantial

6 number of land grants awarded by the King of

7 Spain and the Republic of Mexico as an integral

8 part of the colonization of New Mexico prior to the

9 takeover of the area by the United States under the

10 Treaty of Guadalupe-Hidalgo.

11 (2) Under the Treaty of Guadalupe-Hidalgo,

12 the United States agreed to respect valid land

13 grants claims.

14 (3) Several studies, including the New Mexico

15 Land Grant Series published by the University of

16 New Mexico, have called into question whether the

17 United States has fulfilled its obligations under the

18 Treaty. There continue to be claims that citizens of

19 the United States were illegally deprived of the prop20 erty rights protected by the Treaty of Guadalupe-Hi21 dalgo through the actions of the Office of the Sur22 veyor General established in 1854, the Court of Pri23 vate Land Claims established in 1891, and the Ter24 ritory of New Mexico.
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1 (4) There was a remarkable difference in out2 comes between the land claims adjudications in the

3 State of California, where approximately 73 percent

4 of the claimed acreage was confirmed, and the

5 former Territory of New Mexico, where only 24 per6 cent of the claimed acreage was confirmed. This dif7 ference in outcomes raises serious questions as to

8 whether adjudications in New Mexico were equitably

9 and fairly administered.

10 (5) Following the United States war with Mex11 ico and for much of this century, the economy of

12 New Mexico was dependent on land resources. When

13 the land grant claimants lost title to their land, the

14 predominantly Hispanic communities in New Mexico

15 lost a keystone to their economy, and the effects of

16 this loss had long lasting economic consequences for

17 these communities.

18 (6) Whether the United States failed to meet

19 its obligations under the Treaty of Guadalupe-Hi20 dalgo has been a source of continuing controversy

21 and has left a lingering sense of injustice in some

22 communities in New Mexico over the last one-hun23 dred and fifty years.

24 (7) This issue, which regards the integrity of

25 the United States with regards to its international
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1 commitments and its commitments to its citizenry,

2 must be resolved.

3 (8) The GAO has been requested to review how

4 the United States implemented the provisions of the

5 Treaty of Guadalupe-Hidalgo which pertain to the

6 protection of community land grant claims New

7 Mexico, and to provide a report to the Congress and

8 the President by December 31, 2002, which includes

9 an assessment of whether the procedures established

10 by the United States to implement the treaty appear

11 to have been adequate, and whether the community

12 land grants claims appear to have been equitably ad13 judicated.

14 SEC. 3. DEVELOPMENT OF REMEDY RECOMMENDATIONS

15 AND PRESIDENTIAL PROPOSAL.

16 If the GAO concludes, in the report to Congress and

17 the President described in section (2)(c)(8) of this Act,

18 that the obligations of the United States under the Treaty

19 of Guadalupe-Hidalgo regarding the protection of the com20 munity land grant rights do not appear to have been met,

21 the Department of Justice shall prepare for the President

22 a list of alternative methods to remedy the problem. The

23 President shall then submit to Congress recommendations

24 to resolve these claims within six months of the submission
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1 of the GAO report. In no event shall these recommenda2 tions include the divestiture of private property rights.

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