(A) Water rights, including all surface, 
ground, and runoff water within the former com-
mon lands that are now under the management 
of the Federal Government. 
(B) Natural resource rights, including gath-
ering of fuelwood, timber, vegetation, vegetation 
products, rocks, soils, and grazing and watering 
of livestock that are now under the management 
of the Federal Government. 
(C) Mineral rights, including any and all 
surface and subsurface minerals located within 
the existing and former common lands as well as 
rights to compensation for minerals extracted 
from former common lands now under manage-
ment of the Federal Government. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADJUDICATION PROCESS.—The term ‘‘adju-
dication process’’— 
(A) means the processes required by treaty 
by which the United States recognized land 
claims between 1854 and 1904 in the territories 
ceded under— 
(i) the Treaty of Guadalupe Hidalgo; 
and 
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(ii) the Gadsden Purchase; and 
(B) includes the processes provided for in 
the 1854 Act establishing the Office of Surveyor- 
General of New Mexico (10 Stat. 308) and the 
1891 Act establishing the Court of Private Land 
Claims (26 Stat. 854). 
(2) CLAIM.—The term ‘‘claim’’ means the dec-
laration of property rights protected by the Treaty of 
Guadalupe Hidalgo vested in a land grant-merced, 
including— 
(A) land, land title, mineral, and natural 
resource claims; and 
(B) water rights. 
(3) CLAIMANT.—The term ‘‘claimant’’ means a 
land grant-merced as represented by its Governing 
body or an agent thereof. 
(4) FEDERAL LAND OR FEDERAL LANDS.—The 
terms ‘‘Federal land’’ or ‘‘Federal lands’’ means any 
land— 
(A) located in the State of New Mexico; and 
(B) administered by the Secretary of Agri-
culture through the Chief of the U.S. Forest Serv-
ice or the Secretary of the Interior through the 
Director of the Bureau of Land Management. 
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(5) GADSDEN PURCHASE.—The term ‘‘Gadsden 
Purchase’’ means the Treaty of Boundary, Cession of 
Territory, Transit of Isthmus of Tehuantepec. 
(6) GOVERNING
BODY.—The term ‘‘Governing 
body’’ means the governing body, as recognized by 
State law, of a land grant-merced. 
(7) LAND
GRANT-MERCED.—The term ‘‘land 
grant-merced’’ means— 
(A) a community land grant identified in 
tables 1 and 2 of the General Accounting Office 
Report #GAO–01–951; or 
(B) a community, village, town, or settle-
ment, the land of which was granted by the Gov-
ernment of Spain or by the Government of Mex-
ico, in accordance with the laws, usages, and 
customs of Spain or Mexico between 1689 and 
1854, and is within the boundaries of the State 
of New Mexico, to— 
(i) the community, village, town, or 
pueblo; or 
(ii) a person for the purpose of found-
ing or establishing a community, village, 
town, or settlement. 
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(8) QUALIFYING
PETITION.—The term ‘‘quali-
fying petition’’ means a petition submitted under sec-
tion 5. 
(9) SECRETARY
CONCERNED.—The term ‘‘Sec-
retary concerned’’ means the Secretary that admin-
isters the relevant Federal land. 
(10) TREATY
OF
GUADALUPE
HIDALGO.—The 
term ‘‘Treaty of Guadalupe Hidalgo’’ means the 
Treaty of Peace, Friendship, Limits, and Settlement 
between the United States and the Republic of Mexico, 
effective February 2, 1848. 
SEC. 4. TREATY OF GUADALUPE HIDALGO LAND GRANT- 
MERCED CLAIMS COMMISSION. 
(a) ESTABLISHMENT.—There is hereby established a 
commission to be known as the Treaty of Guadalupe Hi-
dalgo Land Grant-Merced Claims Commission (in this Act 
referred to as the ‘‘Commission’’). 
(b) DUTIES.—The duties of the Commission shall be 
to— 
(1) conduct a hearing on each qualifying peti-
tion and formulate a recommendation on restitution, 
as described in section 5(c); and 
(2) submit to Congress the reports required 
under section 6. 
(c) MEMBERSHIP.— 
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(1) NUMBER AND APPOINTMENT.—The Commis-
sion shall be composed of 9 members, appointed by 
the President of the United States, of which— 
(A) 1 member shall be appointed in con-
sultation with the Secretary of the Interior; 
(B) 1 member shall be appointed in con-
sultation with the Secretary of Agriculture; 
(C) 1 member shall be appointed who has a 
background in Spanish colonial and Mexican 
legal history as it applies to the Southwestern 
United States; 
(D) 1 member shall be appointed who has 
a background in Spanish colonial, Mexican, and 
United States history of the Southwestern United 
States; 
(E) 1 member shall be appointed who has 
a background in international laws pertaining 
to succession of States and treaties as they relate 
to property rights, land tenure, and usufruct 
rights; 
(F) 1 member shall be appointed who has a 
background in past and present socioeconomic 
conditions of the Southwestern United States; 
(G) 1 member shall be appointed who has 
a background in cultural geography; and 
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(H) 2 members shall be members of the gov-
erning body of a land grant-merced. 
(2) TERMS.—Each member shall be appointed 
for the life of the Commission. 
(3) VACANCIES.—A vacancy in the Commission 
shall be filled in the manner in which the original 
appointment was made. 
(4) RATE
OF
PAY.—To the extent or in the 
amounts provided in advance in appropriation Acts, 
Members shall each be entitled to receive daily com-
pensation not to exceed the rate of basic pay for level 
V of the Executive Schedule for each day, including 
travel days, during which they are engaged in the 
performance of duties vested in the Commission. 
(5) PREPARATION
BEFORE
HEARINGS.—Before 
the start of the first hearing under section 5, each 
member of the Commission shall prepare for such 
hearing by becoming familiar with the history of land 
grant-merced claims in the United States Southwest. 
This preparation may include— 
(A) the purchase, by the Commission, of 
pertinent literature on the subject for each Com-
mission member to review; and 
(B) requests by the Commission for training 
and presentations on the subject from appro-
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priate Federal or State agencies, institutions of 
higher education, and private organizations. 
(d) POWERS OF COMMISSION.— 
(1) HEARINGS AND SESSIONS.—The Commission 
shall, for the purpose of carrying out this Act, hold 
hearings, sit, and act at times and at a location in 
the State where the petitioning land grant-merced is 
located, take testimony, and receive evidence as the 
Commission considers appropriate. The Commission 
may administer oaths or affirmations to witnesses 
appearing before it. 
(2) POWERS OF MEMBERS AND AGENTS.—Any 
member or agent of the Commission may, if author-
ized by the Commission, take any action that the 
Commission is authorized to take by this Act. 
(3) GIFTS, BEQUESTS, AND DEVISES.—The Com-
mission may accept, use, and dispose of gifts, be-
quests, or devises of services or property, both real 
and personal, for the purpose of aiding or facilitating 
the work of the Commission. 
(4) MAIL.—The Commission may use the United 
States mail in the same manner and under the same 
conditions as other departments and agencies of the 
United States. 
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(5) AUTHORITY TO HIRE STAFF.—The Commis-
sion may hire or contract staff necessary for the Com-
mission to carry out its responsibilities under this 
Act. 
(6) ADMINISTRATIVE SUPPORT SERVICES.—Upon 
the request of the Commission, the Administrator of 
General Services, Secretary of the Interior, and Sec-
retary of Agriculture 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. 
(7) IMMUNITY.—The Commission is an agency of 
the United States for the purposes of part V of title 
18, United States Code. 
(8) SUBPOENA POWER.— 
(A) IN
GENERAL.—The Commission may 
issue subpoenas requiring the attendance and 
testimony of witnesses and the production of any 
evidence relating to any qualifying petition. 
(B) FAILURE TO OBEY A SUBPOENA.—If a 
person refuses to obey a subpoena issued under 
subparagraph (A), the Commission may apply to 
a United States district court for an order re-
quiring that person to appear before the Com-
mission to give testimony, produce evidence, or 
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both, relating to any qualifying petition. The ap-
plication may be made within the judicial dis-
trict where the hearing is conducted or where 
that person is found, resides, or transacts busi-
ness. Any failure to obey the order of the court 
may be punished by the court as civil contempt. 
(C) SERVICE
OF
SUBPOENAS.—The sub-
poenas 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 Procedure for the United States 
district courts. 
(D) SERVICE OF PROCESS.—All process of 
any court to which application is made under 
subparagraph (B) may be served in the judicial 
district in which the person required to be served 
resides or may be found. 
(e) TERMINATION.—The Commission shall terminate 
not later than 180 days after the Commission submits the 
report required under section 6(b). 
(f) ASSISTANCE FOR COMMISSION.— 
(1) FEDERAL AGENCY ASSISTANCE TO COMMIS-
SION.—At the request of the Commission, relevant 
Federal agencies shall make available personnel, 
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equipment, and facilities to assist the Commission in 
performing its activities under this Act. 
(2) STATE
AGENCY
ASSISTANCE
TO
COMMIS-
SION.—The Commission may accept assistance from 
relevant State agencies and institutions of higher edu-
cation in performing its activities under this Act. 
SEC. 5. HEARINGS ON QUALIFYING PETITIONS. 
(a) QUALIFYING PETITION HEARING.— 
(1) IN GENERAL.—The Commission shall conduct 
a hearing on each qualifying petition, as described in 
subsection (b), to formulate a recommendation on res-
titution to the claimant, of the possible restitutions 
described in subsection (c). 
(2) DESIGNATION OF LOCATION.—The Commis-
sion shall designate one or more locations in the 
claimant’s State in which to hold such hearing. 
(3) RIGHT TO TESTIFY.—All persons having an 
interest in the land involved in a qualifying petition 
shall have the right, upon notice, to be present and 
testify before the Commission during such hearing. 
(4) HEARING PROCESS.—As part of such hear-
ing, the Commission shall— 
(A) review each qualifying petition and re-
ceive testimony to examine— 
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(i) the impact to the land grant-merced 
and its associated communities resulting 
from the failure of the United States to 
properly recognize, during the adjudication 
process, a land grant-merced boundary, as 
it existed in 1854; 
(ii) the impact to the land grant- 
merced and its associated communities re-
sulting from the failure of the United States 
to act on a land grant-merced claim made 
during the adjudication process; 
(iii) the impact to the land grant- 
merced and its associated communities re-
sulting from the rejection of a land grant- 
merced claim made during the adjudication 
process; 
(iv) the impact to the land grant- 
merced and its associated communities re-
sulting from the incorrect confirmation by 
the United States of a Land Grant-Merced 
as a tenancy-in-common; 
(v) the impact to the land grant- 
merced and its associated communities re-
sulting from the incorrect confirmation by 
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(x) the impact to the land grant- 
merced and its associated communities re-
sulting from the misconduct or direct con-
flict of interest of United States officials 
during the adjudication process; 
(B) review existing Federal land use poli-
cies governing land identified in the qualifying 
petition; 
(C) identify and report all private and pub-
lic leases on land identified in the qualifying pe-
tition, including lease type, term, and owner; 
(D) determine the value of revenues gen-
erated and resources removed from land identi-
fied in the qualifying petition, through sale, 
lease, permit, and all other means granted to 
any person not associated with the claimant, 
during the period it was taken out of control of 
the claimant until the time of such hearing; and 
(E) review and examine existing laws, 
memorandums of understanding, agreements, 
and easements relating to the management and 
use of land identified in the qualifying petition. 
(5) LEGAL STANDARDS.—When evaluating quali-
fying petitions, the Commission shall apply inter-
national treaty law and laws pertaining to the suc-
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cession of States. The Commission shall also evaluate 
qualifying petitions based on Spanish and Mexican 
civil and customary law, principles of equity, and 
customs and usages in effect in what is now the 
Southwestern United States, from 1692 up to the 
ratification of the Gadsden Purchase in 1854. 
(b) ELEMENTS OF QUALIFYING PETITION.—For pur-
poses of this Act, a qualifying petition is one that— 
(1) is received by the Commission not later than 
the date that is 5 years after the date of the enact-
ment of this Act; 
(2) is made pursuant to an official resolution 
adopted by the claimant; and 
(3) includes the following information: 
(A) The name and address of the claimant 
and a name, address, telephone number, and if 
available, email address of the point of contact 
for the claimant. 
(B) Documentation showing the claimed 
boundaries of the relevant land grant-merced, in-
cluding a legal survey or, if a survey is not read-
ily available, a sketch map or geographic infor-
mation system rendering thereof. 
(C) A summary of the claims being made 
and the requested restitution for each claim. 
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(c) POSSIBLE RESTITUTIONS.—The Commission may, 
under subsection (a), recommend as restitution that the Sec-
retary concerned— 
(1) convey Federal land to the claimant; 
(2) grant the claimant stewardship rights to all 
or part of Federal land; 
(3) grant the claimant priority access and use 
rights to all or part of Federal lands for— 
(A) harvesting of natural resources, such as 
fuelwood, timber, minerals, rock, soils, vegeta-
tion, and vegetation products; 
(B) grazing and watering of livestock; or 
(C) hunting and fishing; 
(4) grant the claimant priority rights to leases, 
special use permits, and easements on Federal land, 
which may include placement of land grant-merced 
infrastructure and community cemeteries; 
(5) grant the claimant priority rights to acquire 
Federal lands that may become available for disposal; 
and 
(6) grant the claimant priority rights to obtain 
new, unused, or unrenewed grazing allotments on 
Federal lands. 
(d) PROTECTION OF NON-FEDERAL PROPERTY.—The 
Commission may not make any recommendation that af-
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fects the ownership, title, or rights of owners of any non- 
Federal lands covered by the qualifying petition. 
(e) PROTECTION OF EXISTING LEASES.—The Commis-
sion may not make any recommendation that affects any 
lease, permit, right-of-way, or any other valid existing 
rights held by a person on such land as such lease, permit, 
or right-of-way existed on the day before the date of the 
transfer. 
SEC. 6. REPORTS. 
(a) INDIVIDUAL REPORTS.—Not later than 90 days 
after the date that the Commission concludes a hearing 
under section 5 for a qualifying petition, the Commission 
shall submit a report to Secretary concerned and the claim-
ant that includes the Commissions recommendations and 
findings with respect to that petition. 
(b) REPORT TO CONGRESS.—Not later than 10 years 
after the date of the enactment of this Act, the Commission 
shall submit a report to Congress that details, with respect 
to each qualifying petition— 
(1) a summary of the claims in such qualifying 
petition; 
(2) the Commission’s recommended restitution 
with respect to each claim and reasons thereof; and 
(3) the Secretary that administers the land iden-
tified in the qualifying petition. 
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SEC. 7. FEDERAL LAND DISPOSAL AUTHORITY. 
(a) IN GENERAL.—The Secretary concerned may 
transfer land to the claimant or grant the claimant any 
rights as is recommended by the Commission in the report 
required to be issued under section 6(a). 
(b) COST.—The Secretary concerned shall pay any 
costs associated with a land transfer under subsection (a). 
SEC. 8. PROTECTION OF ACEQUIAS. 
(a) IN GENERAL.—The rights of any acequia located 
on Federal land on the date of the enactment of this Act 
shall not be impaired as a result of the enactment of this 
Act, including the right to use of water by valid water right 
owners and access to the acequia for necessary maintenance 
and improvements to the acequia easement and infrastruc-
ture. 
(b) MANAGEMENT OF ACEQUIAS.—Each acequia lo-
cated on Federal land on the date of the enactment of this 
Act shall be managed and controlled by the governing body 
of such acequia in accordance with N.M. Stat. §73–2–12 
or C.R.S. §7–42–101.5 
(c) DEFINITION.—In this section the term ‘‘acequia’’ 
means a waterway recognized as an acequia or a commu-
nity ditch under New Mexico State law, including the di-
versions, storage facilities, and easements of such waterway. 
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SEC. 9. AUTHORIZATION OF APPROPRIATION. 
There is authorized $1,000,000 for each of the fiscal 
years 2019 to 2028 for the purpose of carrying out the ac-
tivities of the Commission. 
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Union Calendar No. 819 
115TH CONGRESS 
2D SESSION 
H. R. 6365 
[Report No. 115–1052] 
A BILL 
To establish the Treaty of Guadalupe Hidalgo Land 
Grant-Merced Claims Commission and other 
Federal policies for the restoration of land for 
hardships resulting from the incomplete and in-
equitable implementation of the Treaty of Guada-
lupe Hidalgo, to affirm Land Grant-Merced prop-
erty rights protected by the Treaty of Guadalupe 
Hidalgo, and for other purposes. 
NOVEMBER 27, 2018 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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