Short title and table of contents

(a)

Short title

This Act may be cited as the

Guadalupe-Hidalgo Treaty Land Claims Act of 2009

. (b)

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Short title and 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.

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 States, 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.

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.

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.

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 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.

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).

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.

Termination

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

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.