Union Calendar No. 335
105TH CONGRESS
2D SESSION
H. R. 2538
[Report No. 105–594]
A BILL
To establish a Presidential commission to deter-
mine 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.
JUNE 23, 1998
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 335
105TH CONGRESS
2D SESSION
H. R. 2538
[Report No. 105–594]
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
JUNE 23, 1998
Additional sponsors: Mr. DIAZ-BALART, Mr. SKEEN, Mr. LEWIS of California,
Mr. CAMPBELL, Mr. WATKINS, Mr. BOEHNER, Mr. SUNUNU, Mr.
POMBO, Mr. CANNON, Mr. CUNNINGHAM, Mr. GIBBONS, Mr. SESSIONS,
Mr. WICKER, Mr. BILBRAY, Mr. BILIRAKIS, Mr. BLUNT, Mr. COX of
California, Mr. FOX of Pennsylvania, Mr. HANSEN, Mr. PICKERING, Mr.
HASTERT, Mr. HUTCHINSON, Mr. LEWIS of Kentucky, Mrs. CUBIN, Mr.
KINGSTON, Mr. RILEY, Mr. MANZULLO, Mr. PARKER, Mr. PEASE, Mr.
SMITH of New Jersey, Mr. SOLOMON, Mr. TAUZIN, Mr. WAMP, Mr.
JACKSON of Illinois, Mr. SCOTT, Mr. TRAFICANT, Mr. JENKINS, Mr.
HERGER, Mr. KNOLLENBERG, Mr. THUNE, Mr. HUNTER, Ms. ROS-
LEHTINEN, Mr. TORRES, Mr. GONZALEZ, Mr. COOKSEY, Mr. CALVERT,
Mr. PAPPAS, Mr. GINGRICH, Mr. LANTOS, Mr. THOMAS, Mr. BARTON of
Texas, Mr. BRADY, Ms. DUNN, Mr. FOSSELLA, Mr. HOSTETTLER, Mr.
JONES, Mr. PAXON, Mr. RYUN, Mr. SNOWBARGER, Ms. FURSE, Mr.
MARTINEZ, Mr. MORAN of Kansas, Mr. LINDER, Mr. LAZIO of New York,
Mr. DOOLITTLE, Mr. DUNCAN, Mr. ENSIGN, Mr. GALLEGLY, Mr.
HEFLEY, Mr. PETERSON
of Pennsylvania, Mr. RADANOVICH, Mr.
GILCHREST, Mr. DIXON, Mr. BURR of North Carolina, Ms. JACKSON-
LEE of Texas, Mr. BURTON of Indiana, Mr. STUMP, Mr. FOLEY, and Mr.
WELDON of Florida
JUNE 23, 1998
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on September 24, 1997]
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 1998’’.
(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 ‘‘eligible
descendant’’ means a descendant of a person who—
(A) was a Mexican citizen before the Treaty
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 ‘‘com-
munity land grant’’ means a village, town, settle-
ment, 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 au-
thorities of the Republic of Mexico before May 30,
1848, in what became the State of New Mexico, re-
gardless of the original character of the grant.
(5) RECONSTITUTED.—The term ‘‘reconstituted’’,
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 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 owner-
ship of lands in the State of New Mexico, particularly
certain public lands, still exist.
(4) Congressionally established land claim com-
missions have been used in the past to successfully ex-
amine disputed land possession questions.
SEC. 3. ESTABLISHMENT AND MEMBERSHIP OF COMMIS-
SION.
(a) ESTABLISHMENT.—There is established a commis-
sion 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 appointed
by the President by and with the advice and consent 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 vested
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 deter-
mination 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 five 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 intend
to settle upon, the community land grant.
(5) All facts known to petitioners concerning the
community land grant, together with copies of all pa-
pers in regard thereto available to petitioners.
(d) PETITION HEARING.—At one or more designated
locations in the State of New Mexico, the Commission shall
hold a hearing upon each petition timely submitted under
subsection (a), at which hearing all persons having an in-
terest 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 relating
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
State of New Mexico.
(2) FAILURE TO OBEY A SUBPOENA.—If a person
refuses to obey a subpoena issued under paragraph
(1), the Commission may apply to a United States
district court for an order requiring that person to
appear before the Commission to give testimony,
produce evidence, or both, relating to the matter
under investigation. The application may be made
within the judicial district where the hearing is con-
ducted 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 con-
tempt.
(3) SERVICE OF SUBPOENAS.—The subpoenas of
the Commission shall be served in the manner pro-
vided for subpoenas issued by a United States district
court under the Federal Rules of Civil Procedure 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 hearing
held with regard to the petition, the Commission shall deter-
mine the validity of the community land grant described
in the petition. The decision shall include a recommenda-
tion of the Commission regarding whether the community
land grant should be reconstituted and its lands restored.
(g) PROTECTION OF NON-FEDERAL PROPERTY.—The
decision of the Commission regarding the validity of a peti-
tion submitted under subsection (a) shall not affect the own-
ership, title, or rights of owners of any non-Federal lands
covered by the petition. Any recommendation of the Com-
mission under subsection (f) regarding whether a commu-
nity land grant should be reconstituted and its lands re-
stored may not address non-Federal lands. In the case of
a valid petition covering lands held in non-Federal owner-
ship, the Commission shall modify the recommendation
under subsection (f) to recommend the substitution of com-
parable Federal lands in the State of New Mexico for the
lands held in non-Federal ownership.
SEC. 5. COMMUNITY LAND GRANT STUDY CENTER.
To assist the Commission in the performance of its ac-
tivities under section 4, the Commission shall establish a
Community Land Grant Study Center at the Onate Center
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 hearings, 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 wit-
nesses appearing before it.
(b) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Commission may, if authorized by the
Commission, take any action which the Commission is au-
thorized to take by this section.
(c) GIFTS, BEQUESTS, AND DEVISES.—The Commis-
sion may accept, use, and dispose of gifts, bequests, or de-
vises of services or property, both real and personal, for the
purpose of aiding or facilitating the work of the Commis-
sion. Gifts, bequests, or devises of money and proceeds from
sales of other property received as gifts, bequests, or devises
shall be deposited in the Treasury and shall be available
for disbursement upon order of the Commission. For pur-
poses of Federal income, estate, and gift taxes, property ac-
cepted under this subsection shall be considered as a gift,
bequest, or devise to the United States.
(d) MAILS.—The Commission may use the United
States mails in the same manner and under the same condi-
tions as other departments and agencies of the United
States.
(e) ADMINISTRATIVE SUPPORT SERVICES.—Upon the
request of the Commission, the Administrator of General
Services shall provide to the Commission, on a reimbursable
basis, the administrative support services necessary for the
Commission to carry out its responsibilities under this Act.
(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 regarding
whether certain community land grants should be reconsti-
tuted, so that the Congress may act upon the recommenda-
tions.
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 $1,000,000 for
each of the fiscal years 1999 through 2007 for the purpose
of carrying out the activities of the Commission and to es-
tablish and operate the Community Land Grant Study
Center under section 5.