[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6365 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 6365

 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 inequitable implementation 
    of the Treaty of Guadalupe Hidalgo, to affirm Land Grant-Merced 
 property rights protected by the Treaty of Guadalupe Hidalgo, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 2018

  Mr. Pearce introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 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 inequitable implementation 
    of the Treaty of Guadalupe Hidalgo, to affirm Land Grant-Merced 
 property rights protected by the Treaty of Guadalupe Hidalgo, and for 
                            other purposes.

    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 ``Treaty of 
Guadalupe-Hidalgo Land Claims Act of 2018''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Treaty of Guadalupe Hidalgo Land Grant-Merced Claims 
                            Commission.
Sec. 5. Hearings on qualifying petitions.
Sec. 6. Reports.
Sec. 7. Federal land disposal authority.
Sec. 8. Authorization of appropriation.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Western and Southwestern United States have a 
        unique history regarding land acquisition and ownership 
        consequent to the substantial number of Spanish and Mexican 
        land grants-mercedes. These land grants-mercedes were an 
        integral part of the colonization and growth of the region 
        before the United States acquisition under the Treaty of 
        Guadalupe Hidalgo.
            (2) Under the laws of Spain and Mexico, land grant-mercedes 
        included thousands of acres of land that was owned and used by 
        the communities, within the land grant-merced boundaries, in 
        common. This included guaranteed right to the use of water, 
        forest, pasture, minerals and other natural resources located 
        on the common lands.
            (3) The Treaty of Guadalupe Hidalgo as affirmed by the 
        Protocol of Queretaro protects property rights of land grants-
        mercedes in the territory ceded by Mexico to the United States 
        of America.
            (4) Property rights include land, land title, water rights, 
        natural resource rights, mineral rights, and rights to physical 
        access.
            (5) Congress has enacted several major public land laws 
        subject to valid existing rights including the Organic 
        Administration Act of 1897 (16 U.S.C. 473 et seq.), the Taylor 
        Grazing Act (43 U.S.C. 315 et seq.), the Multiple Use and 
        Sustained Yield Act of 1960 (16 U.S.C. 528 et seq.), and the 
        Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 
        et seq.).
            (6) Various provisions of the Treaty of Guadalupe Hidalgo 
        have not yet been fully implemented in the spirit of the United 
        States Constitution, article VI, section 2.
            (7) Serious questions remain regarding the rightful 
        ownership of lands in several western and southwestern States. 
        Certain public lands are the focus of such questions.
            (8) The Gadsden Purchase incorporated by reference the 
        property protection provisions of the Treaty of Guadalupe 
        Hidalgo.
            (9) Land claim commissions, appointed by Congress, have 
        successfully examined disputed land possession claims.
            (10) The United States Government has recognized and upheld 
        usufruct rights for other indigenous groups.
            (11) Between 1968 and 1981, the Forest Service recognized 
        the uniqueness of the land tenure history in New Mexico and 
        instituted what became known as the Northern New Mexico Policy 
        for the Southwest Region to address the socioeconomic and 
        cultural needs of the forest-dependent land grant-merced 
        communities in New Mexico.
            (12) The United States General Accounting Office Report to 
        Congressional Requesters, dated June 2004, numbered GAO-04-59, 
        and entitled the ``Treaty of Guadalupe Hidalgo: Findings and 
        Possible Options Regarding Longstanding Community Land Grant 
        Claims in New Mexico'', found the New Mexico land claims 
        confirmation process was inefficient and caused hardships to 
        claimants. Such report provided the following options for 
        congressional consideration in addressing land grant-merced 
        claims:
                    (A) Consider establishing a commission or other 
                body to reexamine specific Land Grant-Merced claims 
                that were rejected or not confirmed for the full 
                acreage claimed.
                    (B) Consider transferring Federal land to 
                communities that did not receive all of the acreage 
                originally claimed for their community land grants.
                    (C) Consider making financial payments to 
                claimants' heirs or other entities for the non-use of 
                land originally claimed but not awarded.
            (13) The General Accounting Office also noted that 
        ``Congress may disagree with the U.S. Supreme Court's Sandoval 
        1897 decision and decide that it should be `legislatively 
        overruled', by addressing the affected land grants in some way 
        or taking other action''.
            (14) The State of New Mexico's response to such report, 
        dated August 14, 2008, and entitled ``Report to the New Mexico 
        Attorney General--A Response to the GAO's 2004 Report `Treaty 
        of Guadalupe Hidalgo: Findings and Possible Options Regarding 
        Longstanding Community Land Grant Claims in New Mexico''', 
        found the following:
                    (A) The Federal Government had a duty to correctly 
                confirm land grants-mercedes in New Mexico and that 
                duty was understated by the analysis of the General 
                Accounting Office.
                    (B) Most land grants-mercedes were not confirmed by 
                the Federal Government in the correct type of land 
                ownership pattern, as granted by Spain or Mexico to be 
                held in common by the entire community, but rather the 
                vast majority were confirmed as privately owned by the 
                family of a single petitioner or as tenancy-in-common. 
                The tenancy-in-common designation was foreign to 
                Spanish and Mexican jurisprudence and left land grants-
                mercedes subject to partition suits that resulted in 
                the significant loss of common land. These facts were 
                omitted by the General Accounting Office report.
                    (C) Most postconfirmation land losses were the 
                direct result of the improper nature of the Federal 
                confirmation, and erroneous Federal confirmations could 
                not be remedied in the court system, contrary to the 
                analysis of the General Accounting Office.
                    (D) Many land grants-mercedes or their common lands 
                were improperly rejected in their entirety, others lost 
                substantial amounts of acreage by improper application 
                of boundary descriptions, and others were foreclosed 
                from being confirmed by earlier adverse rulings.
                    (E) The Federal Government in a great many cases 
                did not provide constitutionally sufficient notice of 
                its confirmation activities, which contributed directly 
                to many land grants-mercedes being erroneously 
                misconfirmed.
                    (F) The Federal Government and various Federal 
                agents and officials involved in the confirmation 
                process helped create a climate in which land 
                speculators were able to undermine the adjudication 
                process to dispossess land grants-mercedes of their 
                common lands.
            (15) Compared to their original claims, land grants-
        mercedes suffered enormous loss of land to the Federal 
        Government and others. This loss negatively impacted the 
        economic, environmental, and social well-being of these 
        communities.
            (16) The following land grant-merced priority rights were 
        protected by the Treaty of Guadalupe Hidalgo:
                    (A) Water rights, including all surface, ground, 
                and runoff water within the former common lands that 
                are now under the management of the Federal Government.
                    (B) Natural resource rights, including gathering 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 management of the Federal Government.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Adjudication process.--The term ``adjudication 
        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
                            (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 declaration 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) Gadsden purchase.--The term ``Gadsden Purchase'' means 
        the Treaty of Boundary, Cession of Territory, Transit of 
        Isthmus of Tehuantepec.
            (5) Governing body.--The term ``Governing body'' means the 
        governing body, as recognized by State law, of a land grant-
        merced.
            (6) 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 settlement, the 
                land of which was granted by the Government of Spain or 
                by the Government of Mexico, in accordance with the 
                laws, usages, and customs of Spain or Mexico between 
                1689 and 1854, within the boundaries of the Territory 
                of New Mexico, which now includes the States of New 
                Mexico, Colorado and Arizona, to--
                            (i) the community, village, town, or 
                        pueblo; or
                            (ii) a person for the purpose of founding 
                        or establishing a community, village, town, or 
                        settlement.
            (7) Qualifying petition.--The term ``qualifying petition'' 
        means a petition submitted under section 5.
            (8) Secretary concerned.--The term ``Secretary concerned'' 
        means the Secretary that administers the relevant Federal land.
            (9) 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 Hidalgo 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 petition 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.--
            (1) Number and appointment.--The Commission shall be 
        composed of 9 members, appointed by the President of the United 
        States, of which--
                    (A) 1 member shall be appointed in consultation 
                with the Secretary of the Interior;
                    (B) 1 member shall be appointed in consultation 
                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
                    (H) 2 members shall be members of the governing 
                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 compensation 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 Commission member to 
                review; and
                    (B) requests by the Commission for training and 
                presentations on the subject from appropriate 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 authorized by the Commission, take any 
        action that the Commission is authorized to take by this Act.
            (3) 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.
            (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.
            (5) Authority to hire staff.--The Commission may hire or 
        contract staff necessary for the Commission 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 Secretary 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 requiring that person to 
                appear before the Commission to give testimony, produce 
                evidence, or both, relating to any qualifying petition. 
                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.
                    (C) 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.
                    (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 commission.--At the 
        request of the Commission, relevant Federal agencies shall make 
        available personnel, equipment, and facilities to assist the 
        Commission in performing its activities under this Act.
            (2) State agency assistance to commission.--The Commission 
        may accept assistance from relevant State agencies and 
        institutions of higher education 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 restitution to the claimant, of 
        the possible restitutions described in subsection (c).
            (2) Designation of location.--The Commission 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 hearing, the 
        Commission shall--
                    (A) review each qualifying petition and receive 
                testimony in order examine--
                            (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 resulting 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 resulting 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 resulting 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 resulting from the 
                        incorrect confirmation by the United States of 
                        the Land Grant-Merced as a private land grant 
                        to an individual;
                            (vi) the impact to the land grant-merced 
                        and its associated communities resulting from 
                        the United States incorrectly issuing a patent 
                        for the Land Grant-Merced to the wrong party;
                            (vii) the impact of prior adjudication 
                        decisions made by the United States on the 
                        submittal of subsequent land claim petitions 
                        with respect to the land grant-merced;
                            (viii) the impact to the land grant-merced 
                        and its associated communities resulting from 
                        the failure of the United States to provide 
                        adequate due process to land grant-merced 
                        during the adjudication process;
                            (ix) the impact to the land grant-merced 
                        and its associated communities resulting from 
                        the failure of the United States to provide 
                        adequate representation during the adjudication 
                        process, as required by law, for certain 
                        protected population located on the land grant-
                        merced; and
                            (x) the impact to the land grant-merced and 
                        its associated communities resulting from the 
                        misconduct or direct conflict of interest of 
                        United States officials during the adjudication 
                        process;
                    (B) review existing Federal land use policies 
                governing land identified in the qualifying petition;
                    (C) identify and report all private and public 
                leases on land identified in the qualifying petition, 
                including lease type, term, and owner;
                    (D) determine the value of revenues generated and 
                resources removed from land identified 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 qualifying petitions, 
        the Commission shall apply international treaty law and laws 
        pertaining to the succession 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 purposes 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 enactment 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, including a legal 
                survey or, if a survey is not readily available, a 
                sketch map or geographic information system rendering 
                thereof.
                    (C) A summary of the claims being made and the 
                requested restitution for each claim.
    (c) Possible Restitutions.--The Commission may, under subsection 
(a), recommend as restitution that the Secretary 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, vegetation, 
                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 affects the ownership, title, or rights of 
owners of any non-Federal lands covered by the qualifying petition.
    (e) Protection of Existing Leases.--The Commission may not make any 
recommendation that affects any lease, permit, or right-of-way 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 claimant 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 identified in 
        the qualifying petition.

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 
infrastructure.
    (b) Management of Acequias.--Each acequia located 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. Sec. 73-2-12 or C.R.S. Sec. 7-42-101.5
    (c) Definition.--In this section the term ``acequia'' means a 
waterway recognized as an acequia or a community ditch under New Mexico 
State law, including the diversions, storage facilities, and easements 
of such waterway.

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 activities of the Commission.
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