HR 993 IHCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

February 11, 2009CommentsClose CommentsPermalink

Mr. LUJAN introduced the following bill; which was referred to the Committee on Natural ResourcesCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Guadalupe-Hidalgo Treaty Land Claims Act of 2009’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title and table of contents.CommentsClose CommentsPermalink





Sec. 2. Definitions and findings.CommentsClose CommentsPermalink





Sec. 3. Establishment and membership of Commission.CommentsClose CommentsPermalink





Sec. 4. Examination of land claims.CommentsClose CommentsPermalink





Sec. 5. Assistance for Commission.CommentsClose CommentsPermalink





Sec. 6. Miscellaneous powers of Commission.CommentsClose CommentsPermalink





Sec. 7. Report.CommentsClose CommentsPermalink





Sec. 8. Termination.CommentsClose CommentsPermalink





Sec. 9. Authorization of appropriations.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS AND FINDINGS.

(a) Definitions- For purposes of this Act:CommentsClose CommentsPermalink





(1) COMMISSION- The term ‘Commission’ means the Guadalupe-Hidalgo Treaty Land Claims Commission established under section 3.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(3) ELIGIBLE DESCENDANT- The term ‘eligible descendant’ means a descendant of a person who--CommentsClose CommentsPermalink





(A) was a Mexican citizen before the Treaty of Guadalupe-Hidalgo;CommentsClose CommentsPermalink





(B) was a member of a community land grant; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) COMMUNITY LAND GRANT- The term ‘community land grant’ means a village, town, settlement, 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 part of the United States, regardless of the original character of the grant.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Findings- Congress finds the following:CommentsClose CommentsPermalink





(1) The western and southwestern portion of the United States 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 the region before the United States acquired the region in the Treaty of Guadalupe-Hidalgo.CommentsClose CommentsPermalink





(2) Various provisions of the Treaty of Guadalupe-Hidalgo have not yet been fully implemented in the spirit of article VI, section 2, of the Constitution of the United States.CommentsClose CommentsPermalink





(3) Serious questions regarding the prior ownership of lands in several western and southwestern States, particularly certain public lands, still exist.CommentsClose CommentsPermalink





(4) Congressionally established land claim commissions have been used in the past to successfully examine disputed land possession questions.CommentsClose CommentsPermalink

SEC. 3. ESTABLISHMENT AND MEMBERSHIP OF COMMISSION.

(a) Establishment- There is established a commission to be known as the ‘Guadalupe-Hidalgo Treaty Land Claims Commission’.CommentsClose CommentsPermalink





(b) Number and Appointment of Members- The Commission shall be composed of seven members appointed by the President by and with the advice and consent of the Senate. At least three of the members of the Commission shall be selected from among persons who are eligible descendants, including one of whom is a member of an Indian tribe.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 4. EXAMINATION OF LAND CLAIMS.

(a) Submission of Land Claims Petitions- Any three (or more) eligible descendants who are also descendants 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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Elements of Petition- A petition under subsection (a) shall be made under oath and shall contain the following:CommentsClose CommentsPermalink





(1) The names and addresses of the eligible descendants who are petitioners.CommentsClose CommentsPermalink





(2) The fact that the land involved in the petition was a community land grant at the time of the effective date of the Guadalupe-Hidalgo Treaty.CommentsClose CommentsPermalink





(3) The extent of the community land grant, to the best of the knowledge of the petitioners, accompanied with a survey or, if a survey is not feasible to them, a sketch map thereof.CommentsClose CommentsPermalink





(4) The fact that the petitioners reside, or intend to settle upon, the community land grant.CommentsClose CommentsPermalink





(5) All facts known to petitioners concerning the community land grant, together with copies of all papers in regard thereto available to petitioners.CommentsClose CommentsPermalink





(d) Petition Hearing- At one or more locations designated by the Commission, the Commission shall hold a hearing upon each petition timely submitted under subsection (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.CommentsClose CommentsPermalink





(e) Subpoena Power-CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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 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.CommentsClose CommentsPermalink





(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 Procedure for the United States district courts.CommentsClose CommentsPermalink





(4) SERVICE OF PROCESS- All process of any court to which application is to be made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found.CommentsClose CommentsPermalink





(f) Decision-CommentsClose CommentsPermalink





(1) IN GENERAL- On the basis of the facts contained in a petition submitted under subsection (a), the hearing held with regard to the petition, and such other information as the Commission considers appropriate, the Commission shall determine the validity of the community land grant described in the petition.CommentsClose CommentsPermalink





(2) RECOMMENDED RELIEF- In the case of a petition determined to be valid, the decision of the Commission under paragraph (1) shall include the Commission’s recommendations regarding the appropriate relief that should be provided to the petitioner, including whether the community land grant should be reconstituted and its lands restored.CommentsClose CommentsPermalink





(g) Protection of Non-Federal Property- The decision of the Commission regarding the validity of a petition submitted under subsection (a) shall not affect the ownership, title, or rights of owners of any non-Federal lands covered by the petition. Any recommendation of the Commission under subsection (f) regarding whether a community land grant should be reconstituted and its lands restored may not address non-Federal lands. In the case of a valid petition covering lands held in non-Federal ownership, the Commission shall modify any recommendation for reconstitution of the community land grant to recommend the substitution of comparable Federal lands in the same State as the State in which the non-Federal lands are located.CommentsClose CommentsPermalink

SEC. 5. ASSISTANCE FOR COMMISSION.

(a) 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 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.CommentsClose CommentsPermalink





(b) Comptroller General Assistance- At the request of the Commission, the Comptroller General may make available personnel, equipment, and facilities of the Government Accountability Office to assist the Commission in performing its activities under section 4. The Commission may review reports previously prepared by the Government Accountability Office regarding community land grants and request an interview with the authors of the reports.CommentsClose CommentsPermalink

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 witnesses appearing before it.CommentsClose CommentsPermalink





(b) Powers of Members and Agents- Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section.CommentsClose CommentsPermalink





(c) Gifts, Bequests, and Devises- The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission.CommentsClose CommentsPermalink





(d) Mails- The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

SEC. 7. REPORT.

As soon as practicable after reaching its last decision under section 4, the Commission shall submit to the President and the Congress a report containing each decision, including the recommendation of the Commission regarding whether certain community land grants should be reconstituted or other relief provided to eligible descendants, so that the Congress may act upon the recommendations.CommentsClose CommentsPermalink

SEC. 8. TERMINATION.

The Commission shall terminate on the date that is 180 days after the date such Commission submits its final report under section 7.CommentsClose CommentsPermalink

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated $1,900,000 for each of the fiscal years 2010 through 2016 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.CommentsClose CommentsPermalink