[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1823 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1823
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 10, 2001
Mr. Udall of New Mexico (for himself, Mr. Reyes, Ms. Solis, Mr. Baca,
Ms. Sanchez, Mr. Gonzalez, Mr. Menendez, Mr. Acevedo-Vila, Mr.
Hinojosa, Mr. Pastor, Mrs. Napolitano, Mr. Rodriguez, Ms. Roybal-
Allard, Ms. Velazquez, and Mr. Underwood) introduced the following
bill; which was referred to the Committee on Resources
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives 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 2001''.
(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. Assistance for Commission.
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 ``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.
(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) 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.
(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.
(3) Serious questions regarding the prior ownership of
lands in several western and southwestern State, particularly
certain public lands, still exist.
(4) Congressionally established land claim commissions have
been used in the past to successfully examine disputed land
possession questions.
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''.
(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.
(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 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.
(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 subsection (a) shall be
made under oath and shall contain the following:
(1) The names and addresses of the eligible descendants who
are petitioners.
(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.
(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.
(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 papers in regard
thereto available to petitioners.
(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.
(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).
(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.
(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.
(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.
(f) Decision.--
(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.
(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.
(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.
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.
(b) Comptroller General Assistance.--At the request of the
Commission, the Comptroller General may make available personnel,
equipment, and facilities of the General Accounting Office to assist
the Commission in performing its activities under section 4. The
Commission may review reports previously prepared by the General
Accounting Office regarding community land grants and request an
interview with the authors of the reports.
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.
(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.
(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.
(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.
(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 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.
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 $1,900,000 for each of the
fiscal years 2002 through 2008 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.
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