I
105TH CONGRESS
1ST SESSION
H. R. 2538
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
SEPTEMBER 24, 1997
Mr. REDMOND introduced the following bill; which was referred to the
Committee on Resources
A BILL
To establish a Presidential commission to determine the va-
lidity 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Guadalupe-Hidalgo Treaty Land Claims Act of 1997’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
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.
SEC. 2. DEFINITIONS AND FINDINGS.
(a) DEFINITIONS.—For purposes of this Act:
(1) COMMISSION.—The term ‘‘Commission’’
means the Guadalupe-Hidalgo Treaty Land Claims
Commission established under section 3.
(2) TREATY
OF
GUADALUPE-HIDALGO.—The
term ‘‘Treaty of Guadalupe-Hidalgo’’ means the
Treaty of Peace, Friendship, Limits, and Settlement
(Treaty of Guadalupe Hidalgo), between the United
States and the Republic of Mexico, signed February
2, 1848 (TS 207; 9 Bevans 791).
(3) ELIGIBLE DESCENDANT.—The term ‘‘eligi-
ble descendant’’ means a descendant of a person
who—
(A) was a Mexican citizen before the Trea-
ty of Guadalupe-Hidalgo;
(B) was a member of a community land
grant; and
(C) became a United States citizen within
ten years after the effective date of the Treaty
of Guadalupe-Hidalgo, May 30, 1848, pursuant
to the terms of the Treaty.
(4) COMMUNITY
LAND
GRANT.—The term
‘‘community land grant’’ means a village, town, set-
tlement, or pueblo consisting of land held in common
(accompanied by lesser private allotments) by three
or more families under a grant from the King of
Spain (or his representative) before the effective
date of the Treaty of Cordova, August 24, 1821, or
from the authorities of the Republic of Mexico before
May 30, 1848, in what became the State of New
Mexico, regardless of the original character of the
grant.
(5) RECONSTITUTED.—The term ‘‘reconsti-
tuted’’, with regard to a valid community land grant,
means restoration to full status as a municipality
with rights properly belonging to a municipality
under State law, including the nontaxability of mu-
nicipal property (common lands) and the right of
local self-government.
(b) FINDINGS.—Congress finds the following:
(1) New Mexico has a unique history regarding
the acquisition of ownership of land as a result of
the substantial number of Spanish and Mexican land
grants that were an integral part of the colonization
and growth of New Mexico before the United States
acquired the area in the Treaty of Guadalupe-
Hidalgo.
(2) Various provisions of the Treaty of Guada-
lupe-Hidalgo have not yet been fully implemented in
the spirit of Article VI, section 2, of the Constitution
of the United States.
(3) Serious questions regarding the prior own-
ership of lands in the State of New Mexico, particu-
larly certain public lands, still exist.
(4) Congressionally established land claim com-
missions have been used in the past to successfully
examine disputed land possession questions.
SEC. 3. ESTABLISHMENT AND MEMBERSHIP OF COMMIS-
SION.
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the ‘‘Guadalupe-Hidalgo Treaty
Land Claims Commission’’.
(b) NUMBER AND APPOINTMENT OF MEMBERS.—
The Commission shall be composed of five members ap-
pointed by the President by and with the advise and con-
sent of the Senate. At least two of the members of the
Commission shall be selected from among persons who are
eligible descendants.
(c) TERMS.—Each member shall be appointed for the
life of the Commission. A vacancy in the Commission shall
be filled in the manner in which the original appointment
was made.
(d) COMPENSATION.—Members shall each be entitled
to receive the daily equivalent of level V of the Executive
Schedule for each day (including travel time) during which
they are engaged in the actual performance of duties vest-
ed in the Commission.
SEC. 4. EXAMINATION OF LAND CLAIMS.
(a) SUBMISSION OF LAND CLAIMS PETITIONS.—Any
three (or more) eligible descendants who are also descend-
ants of the same community land grant may file with the
Commission a petition on behalf of themselves and all
other descendants of that community land grant seeking
a determination of the validity of the land claim that is
the basis for the petition.
(b) DEADLINE FOR SUBMISSION.—To be considered
by the Commission, a petition under subsection (a) must
be received by the Commission not later than three years
after the date of the enactment of this Act.
(c) ELEMENTS OF PETITION.—A petition under sub-
section (a) shall be made under oath and shall contain
the following:
(1) The names and addresses of the eligible de-
scendants who are petitioners.
(2) The fact that the land involved in the peti-
tion was a community land grant at the time of the
effective date of the Guadalupe-Hidalgo Treaty.
(3) The extent of the community land grant, to
the best of the knowledge of the petitioners, accom-
panied with a survey or, if a survey is not feasible
to them, a sketch map thereof.
(4) The fact that the petitioners reside, or in-
tend to settle upon, the community land grant.
(5) All facts known to petitioners concerning
the community land grant, together with copies of
all papers in regard thereto available to petitioners.
(d) PETITION HEARING.—The Commission shall hold
a hearing upon each petition timely submitted under sub-
section (a), at which hearing all persons having an interest
in the land involved in the petition shall have the right,
upon notice, to appear as a party.
(e) SUBPOENA POWER.—
(1) IN GENERAL.—The Commission may issue
subpoenas requiring the attendance and testimony of
witnesses and the production of any evidence relat-
ing to any petition submitted under subsection (a).
The attendance of witnesses and the production of
evidence may be required from any place within the
United States at any designated place of hearing
within the United States.
(2) FAILURE TO OBEY A SUBPOENA.—If a per-
son refuses to obey a subpoena issued under para-
graph (1), the Commission may apply to a United
States district court for an order requiring that per-
son to appear before the Commission to give testi-
mony, produce evidence, or both, relating to the
matter under investigation. The application may be
made within the judicial district where the hearing
is conducted or where that person is found, resides,
or transacts business. Any failure to obey the order
of the court may be punished by the court as civil
contempt.
(3) SERVICE OF SUBPOENAS.—The subpoenas
of the Commission shall be served in the manner
provided for subpoenas issued by a United States
district court under the Federal Rules of Civil Pro-
cedure for the United States district courts.
(4) SERVICE OF PROCESS.—All process of any
court to which application is to be made under para-
graph (2) may be served in the judicial district in
which the person required to be served resides or
may be found.
(f) DECISION.—On the basis of the facts contained
in a petition submitted under subsection (a), and the hear-
ing held with regard to the petition, the Commission shall
determine the validity of the community land grant de-
scribed in the petition. The decision shall include a rec-
ommendation of the Commission regarding whether the
community land grant should be reconstituted and its
lands restored.
SEC. 5. COMMUNITY LAND GRANT STUDY CENTER.
To assist the Commission in the performance of its
activities under section 4, the Commission shall establish
a Community Land Grant Study Center at the Onate Cen-
ter in Alcalde, New Mexico. The Commission shall be
charged with the responsibility of directing the research,
study, and investigations necessary for the Commission to
perform its duties under this Act.
SEC. 6. MISCELLANEOUS POWERS OF COMMISSION.
(a) HEARINGS
AND SESSIONS.—The Commission
may, for the purpose of carrying out this Act, hold hear-
ings, sit and act at times and places, take testimony, and
receive evidence as the Commission considers appropriate.
the Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Commission may, if authorized by the
(f) IMMUNITY.—The Commission is an agency of the
United States for the purpose of part V of title 18, United
States Code (relating to immunity of witnesses).
SEC. 7. REPORT.
As soon as practicable after reaching its last decision
under section 4, the Commission shall submit to the Presi-
dent and the Congress a report containing each decision,
including the recommendation of the Commission regard-
ing whether certain community land grants should be re-
constituted.
SEC. 8. TERMINATION.
The Commission shall terminate on 180 days after
submitting its final report under section 7.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $1,500,000
for each of the fiscal years 1998 through 2007 for the
purpose of carrying out the activities of the Commission
and to establish and operate the Community Land Grant
Study Center under section 5.
Æ