,,ib ,union ,calendar ,no4 #hai #aaeth ,,congress #b;d ,session ,h4 ,r4 #fcfe ,report ,no4 #aae-ajeb ,,in ,,the ,,house ,,of ,,representatives ,july #ac1 #bjah ,mr4 ,pearce introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,november #bg1 #bjah ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,for text of introduced bill1 see copy of bill as introduced on ,july #ac1 #bjah ,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 ,hidalgo1 to affirm ,land ,grant-,merced property rights protected by the ,treaty of ,guadalupe ,hidalgo1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,treaty of ,guadalupe-,hidalgo ,land ,claims ,act of #bjah4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,sec4 #c4 ,definitions4 ,sec4 #d4 ,treaty of ,guadalupe ,hidalgo ,land ,grant-,merced ,claims ,commission4 ,sec4 #e4 ,hearings on qualifying petitions4 ,sec4 #f4 ,reports4 ,sec4 #g4 ,federal land disposal authority4 ,sec4 #h4 ,authorization of appropriation4 #b4 ,findings ,congress finds the following3 7#a7 ,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-mercedes4 ,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 ,hidalgo4 7#b7 ,under the laws of ,spain and ,mexico1 land grant-mercedes included thousands of acres of land that was owned and used by the communities1 within the land grant-merced boundaries1 in common4 ,this included guaranteed right to the use of water1 forest1 pasture1 minerals and other natural resources located on the common lands4 7#c7 ,the ,treaty of ,guadalupe ,hidalgo as affirmed by the ,protocol of ,quertaro protects property rights of land grants-mercedes in the territory ceded by ,mexico to the ,united ,states of ,america4 7#d7 ,property rights include land1 land title1 water rights1 natural resource rights1 mineral rights1 and rights to physical access4 7#e7 ,congress has enacted several major ,federal land laws subject to valid existing rights including the ,organic ,administration ,act of #ahig 7#af ,u4,s4,c4 #dgc et seq471 the ,taylor ,grazing ,act 7#dc ,u4,s4,c4 #cae et seq471 the ,multiple ,use and ,sustained ,yield ,act of #aifj 7#af ,u4,s4,c4 #ebh et seq471 and the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq474 7#f7 ,various provisions of the ,treaty of ,guadalupe ,hidalgo have not yet been fully implemented in the spirit of the ,united ,states ,constitution1 article ,,vi1 section #b4 7#g7 ,serious questions remain regarding the rightful ownership of lands in several western and southwestern ,states4 ,certain ,federal lands are the focus of such questions4 7#h7 ,the ,gadsden ,purchase incorporated by reference the property protection provisions of the ,treaty of ,guadalupe ,hidalgo4 7#i7 ,land claim commissions1 appointed by ,congress1 have successfully examined disputed land possession claims4 7#aj7 ,the ,united ,states ,government has recognized and upheld usufruct rights for other indigenous groups4 7#aa7 ,between #aifh and #aiha1 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 ,mexico4 7#ab7 ,the ,united ,states ,general ,accounting ,office ,report to ,congressional ,requesters1 dated ,june #bjjd1 numbered ,,gao-#jd-ei1 and entitled the ,treaty of ,guadalupe ,hidalgo3 ,findings and ,possible ,options ,regarding ,longstanding ,community ,land ,grant ,claims in ,new ,mexico1 found the ,new ,mexico land claims confirmation process was inefficient and caused hardships to claimants4 ,such report provided the following options for congressional consideration in addressing land grant-merced claims3 7,a7 ,consider establishing a commission or other body to reexamine specific ,land ,grant-,merced claims that were rejected or not confirmed for the full acreage claimed4 7,b7 ,consider transferring ,federal land to communities that did not receive all of the acreage originally claimed for their community land grants4 7,c7 ,consider making financial payments to claimants' heirs or other entities for the non-use of land originally claimed but not awarded4 7#ac7 ,the ,general ,accounting ,office also noted that ,congress may disagree with the ,u4,s4 ,supreme ,court's ,sandoval #ahig decision and decide that it should be legislatively overruled1 by addressing the affected land grants in some way or taking other action4 7#ad7 ,the ,state of ,new ,mexico's response to such report1 dated ,august #ad1 #bjjh1 and entitled ,report to the ,new ,mexico ,attorney ,general--,a ,response to the ,,gao's #bjjd ,report ,treaty of ,guadalupe ,hidalgo3 ,findings and ,possible ,options ,regarding ,longstanding ,community ,land ,grant ,claims in ,new ,mexico1 found the following3 7,a7 ,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 ,office4 7,b7 ,most land grants-mercedes were not confirmed by the ,federal ,government in the correct type of land ownership pattern1 as granted by ,spain or ,mexico to be held in common by the entire community1 but rather the vast majority were confirmed as privately owned by the family of a single petitioner or as tenancy-in-common4 ,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 land4 ,these facts were omitted by the ,general ,accounting ,office report4 7,c7 ,most postconfirmation land losses were the direct result of the improper nature of the ,federal confirmation1 and erroneous ,federal confirmations could not be remedied in the court system1 contrary to the analysis of the ,general ,accounting ,office4 7,d7 ,many land grants-mercedes or their common lands were improperly rejected in their entirety1 others lost substantial amounts of acreage by improper application of boundary descriptions1 and others were foreclosed from being confirmed by earlier adverse rulings4 7,e7 ,the ,federal ,government in a great many cases did not provide constitutionally sufficient notice of its confirmation activities1 which contributed directly to many land grants-mercedes being erroneously misconfirmed4 7,f7 ,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 lands4 7#ae7 ,compared to their original claims1 land grants-mercedes suffered enormous loss of land to the ,federal ,government and others4 ,this loss negatively impacted the economic1 environmental1 and social well-being of these communities4 7#af7 ,the following land grant-merced priority rights were protected by the ,treaty of ,guadalupe ,hidalgo3 7,a7 ,water rights1 including all surface1 ground1 and runoff water within the former common lands that are now under the management of the ,federal ,government4 7,b7 ,natural resource rights1 including gathering of fuelwood1 timber1 vegetation1 vegetation products1 rocks1 soils1 and grazing and watering of livestock that are now under the management of the ,federal ,government4 7,c7 ,mineral rights1 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 ,government4 #c4 ,definitions ,in this ,act3 7#a7 ,adjudication process ,the term adjudication process-- 7,a7 means the processes required by treaty by which the ,united ,states recognized land claims between #ahed and #aijd in the territories ceded under-- 7i7 the ,treaty of ,guadalupe ,hidalgo2 and 7ii7 the ,gadsden ,purchase2 and 7,b7 includes the processes provided for in the #ahed ,act establishing the ,office of ,surveyor-,general of ,new ,mexico 7#aj ,stat4 #cjh7 and the #ahia ,act establishing the ,court of ,private ,land ,claims 7#bf ,stat4 #hed74 7#b7 ,claim ,the term claim means the declaration of property rights protected by the ,treaty of ,guadalupe ,hidalgo vested in a land grant-merced1 including-- 7,a7 land1 land title1 mineral1 and natural resource claims2 and 7,b7 water rights4 7#c7 ,claimant ,the term claimant means a land grant-merced as represented by its ,governing body or an agent thereof4 7#d7 ,federal land or federal lands ,the terms ,federal land or ,federal lands means any land-- 7,a7 located in the ,state of ,new ,mexico2 and 7,b7 administered by the ,secretary of ,agriculture through the ,chief of the ,u4,s4 ,forest ,service or the ,secretary of the ,interior through the ,director of the ,bureau of ,land ,management4 7#e7 ,gadsden ,purchase ,the term ,gadsden ,purchase means the ,treaty of ,boundary1 ,cession of ,territory1 ,transit of ,isthmus of ,tehuantepec4 7#f7 ,governing body ,the term ,governing body means the governing body1 as recognized by ,state law1 of a land grant-merced4 7#g7 ,land grant-merced ,the term land grant-merced means-- 7,a7 a community land grant identified in tables #a and #b of the ,general ,accounting ,office ,report ,,gao-#ja-iea2 or 7,b7 a community1 village1 town1 or settlement1 the land of which was granted by the ,government of ,spain or by the ,government of ,mexico1 in accordance with the laws1 usages1 and customs of ,spain or ,mexico between #afhi and #ahed1 and is within the boundaries of the ,state of ,new ,mexico1 to-- 7i7 the community1 village1 town1 or pueblo2 or 7ii7 a person for the purpose of founding or establishing a community1 village1 town1 or settlement4 7#h7 ,qualifying petition ,the term qualifying petition means a petition submitted under section #e4 7#i7 ,secretary concerned ,the term ,secretary concerned means the ,secretary that administers the relevant ,federal land4 7#aj7 ,treaty of ,guadalupe ,hidalgo ,the term ,treaty of ,guadalupe ,hidalgo means the ,treaty of ,peace1 ,friendship1 ,limits1 and ,settlement between the ,united ,states and the ,republic of ,mexico1 effective ,february #b1 #ahdh4 #d4 ,treaty of ,guadalupe ,hidalgo ,land ,grant-,merced ,claims ,commission 7a7 ,establishment ,there is hereby established a commission to be known as the ,treaty of ,guadalupe ,hidalgo ,land ,grant-,merced ,claims ,commission 7in this ,act referred to as the ,commission74 7b7 ,duties ,the duties of the ,commission shall be to-- 7#a7 conduct a hearing on each qualifying petition and formulate a recommendation on restitution1 as described in section #e7;c72 and 7#b7 submit to ,congress the reports required under section #f4 7c7 ,membership 7#a7 ,number and appointment ,the ,commission shall be composed of #i members1 appointed by the ,president of the ,united ,states1 of which-- 7,a7 #a member shall be appointed in consultation with the ,secretary of the ,interior2 7,b7 #a member shall be appointed in consultation with the ,secretary of ,agriculture2 7,c7 #a member shall be appointed who has a background in ,spanish colonial and ,mexican legal history as it applies to the ,southwestern ,united ,states2 7,d7 #a member shall be appointed who has a background in ,spanish colonial1 ,mexican1 and ,united ,states history of the ,southwestern ,united ,states2 7,e7 #a member shall be appointed who has a background in international laws pertaining to succession of ,states and treaties as they relate to property rights1 land tenure1 and usufruct rights2 7,f7 #a member shall be appointed who has a background in past and present socioeconomic conditions of the ,southwestern ,united ,states2 7,g7 #a member shall be appointed who has a background in cultural geography2 and 7,h7 #b members shall be members of the governing body of a land grant-merced4 7#b7 ,terms ,each member shall be appointed for the life of the ,commission4 7#c7 ,vacancies ,a vacancy in the ,commission shall be filled in the manner in which the original appointment was made4 7#d7 ,rate of pay ,to the extent or in the amounts provided in advance in appropriation ,acts1 ,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 day1 including travel days1 during which they are engaged in the performance of duties vested in the ,commission4 7#e7 ,preparation before hearings ,before the start of the first hearing under section #e1 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 ,southwest4 ,this preparation may include-- 7,a7 the purchase1 by the ,commission1 of pertinent literature on the subject for each ,commission member to review2 and 7,b7 requests by the ,commission for training and presentations on the subject from appropriate ,federal or ,state agencies1 institutions of higher education1 and private organizations4 7d7 ,powers of ,commission 7#a7 ,hearings and sessions ,the ,commission shall1 for the purpose of carrying out this ,act1 hold hearings1 sit1 and act at times and at a location in the ,state where the petitioning land grant-merced is located1 take testimony1 and receive evidence as the ,commission considers appropriate4 ,the ,commission may administer oaths or affirmations to witnesses appearing before it4 7#b7 ,powers of members and agents ,any member or agent of the ,commission may1 if authorized by the ,commission1 take any action that the ,commission is authorized to take by this ,act4 7#c7 ,gifts1 bequests1 and devises ,the ,commission may accept1 use1 and dispose of gifts1 bequests1 or devises of services or property1 both real and personal1 for the purpose of aiding or facilitating the work of the ,commission4 7#d7 ,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 ,states4 7#e7 ,authority to hire staff ,the ,commission may hire or contract staff necessary for the ,commission to carry out its responsibilities under this ,act4 7#f7 ,administrative support services ,upon the request of the ,commission1 the ,administrator of ,general ,services1 ,secretary of the ,interior1 and ,secretary of ,agriculture shall provide to the ,commission1 on a reimbursable basis1 the administrative support services necessary for the ,commission to carry out its responsibilities under this ,act4 7#g7 ,immunity ,the ,commission is an agency of the ,united ,states for the purposes of part ,v of title #ah1 ,united ,states ,code4 7#h7 ,subpoena power 7,a7 ,in general ,the ,commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any qualifying petition4 7,b7 ,failure to obey a subpoena ,if a person refuses to obey a subpoena issued under subparagraph 7,a71 the ,commission may apply to a ,united ,states district court for an order requiring that person to appear before the ,commission to give testimony1 produce evidence1 or both1 relating to any qualifying petition4 ,the application may be made within the judicial district where the hearing is conducted or where that person is found1 resides1 or transacts business4 ,any failure to obey the order of the court may be punished by the court as civil contempt4 7,c7 ,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 courts4 7,d7 ,service of process ,all process of any court to which application is made under subparagraph 7,b7 may be served in the judicial district in which the person required to be served resides or may be found4 7e7 ,termination ,the ,commission shall terminate not later than #ahj days after the ,commission submits the report required under section #f7;b74 7f7 ,assistance for ,commission 7#a7 ,federal agency assistance to ,commission ,at the request of the ,commission1 relevant ,federal agencies shall make available personnel1 equipment1 and facilities to assist the ,commission in performing its activities under this ,act4 7#b7 ,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 ,act4 #e4 ,hearings on qualifying petitions 7a7 ,qualifying petition hearing 7#a7 ,in general ,the ,commission shall conduct a hearing on each qualifying petition1 as described in subsection 7b71 to formulate a recommendation on restitution to the claimant1 of the possible restitutions described in subsection 7c74 7#b7 ,designation of location ,the ,commission shall designate one or more locations in the claimant's ,state in which to hold such hearing4 7#c7 ,right to testify ,all persons having an interest in the land involved in a qualifying petition shall have the right1 upon notice1 to be present and testify before the ,commission during such hearing4 7#d7 ,hearing process ,as part of such hearing1 the ,commission shall-- 7,a7 review each qualifying petition and receive testimony to examine-- 7i7 the impact to the land grant-merced and its associated communities resulting from the failure of the ,united ,states to properly recognize1 during the adjudication process1 a land grant-merced boundary1 as it existed in #ahed2 7ii7 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 process2 7iii7 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 process2 7iv7 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-common2 7v7 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 individual2 7vi7 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 party2 7vii7 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-merced2 7viii7 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 process2 7ix7 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 process1 as required by law1 for certain protected populations located on the land grant-merced2 and 7x7 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 process2 7,b7 review existing ,federal land use policies governing land identified in the qualifying petition2 7,c7 identify and report all private and public leases on land identified in the qualifying petition1 including lease type1 term1 and owner2 7,d7 determine the value of revenues generated and resources removed from land identified in the qualifying petition1 through sale1 lease1 permit1 and all other means granted to any person not associated with the claimant1 during the period it was taken out of control of the claimant until the time of such hearing2 and 7,e7 review and examine existing laws1 memorandums of understanding1 agreements1 and easements relating to the management and use of land identified in the qualifying petition4 7#e7 ,legal standards ,when evaluating qualifying petitions1 the ,commission shall apply international treaty law and laws pertaining to the succession of ,states4 ,the ,commission shall also evaluate qualifying petitions based on ,spanish and ,mexican civil and customary law1 principles of equity1 and customs and usages in effect in what is now the ,southwestern ,united ,states1 from #afib up to the ratification of the ,gadsden ,purchase in #ahed4 7b7 ,elements of qualifying petition ,for purposes of this ,act1 a qualifying petition is one that-- 7#a7 is received by the ,commission not later than the date that is #e years after the date of the enactment of this ,act2 7#b7 is made pursuant to an official resolution adopted by the claimant2 and 7#c7 includes the following information3 7,a7 ,the name and address of the claimant and a name1 address1 telephone number1 and if available1 email address of the point of contact for the claimant4 7,b7 ,documentation showing the claimed boundaries of the relevant land grant-merced1 including a legal survey or1 if a survey is not readily available1 a sketch map or geographic information system rendering thereof4 7,c7 ,a summary of the claims being made and the requested restitution for each claim4 7c7 ,possible restitutions ,the ,commission may1 under subsection 7a71 recommend as restitution that the ,secretary concerned-- 7#a7 convey ,federal land to the claimant2 7#b7 grant the claimant stewardship rights to all or part of ,federal land2 7#c7 grant the claimant priority access and use rights to all or part of ,federal lands for-- 7,a7 harvesting of natural resources1 such as fuelwood1 timber1 minerals1 rock1 soils1 vegetation1 and vegetation products2 7,b7 grazing and watering of livestock2 or 7,c7 hunting and fishing2 7#d7 grant the claimant priority rights to leases1 special use permits1 and easements on ,federal land1 which may include placement of land grant-merced infrastructure and community cemeteries2 7#e7 grant the claimant priority rights to acquire ,federal lands that may become available for disposal2 and 7#f7 grant the claimant priority rights to obtain new1 unused1 or unrenewed grazing allotments on ,federal lands4 7d7 ,protection of non-,federal property ,the ,commission may not make any recommendation that affects the ownership1 title1 or rights of owners of any non-,federal lands covered by the qualifying petition4 7e7 ,protection of existing leases ,the ,commission may not make any recommendation that affects any lease1 permit1 right-of-way1 or any other valid existing rights held by a person on such land as such lease1 permit1 or right-of-way existed on the day before the date of the transfer4 #f4 ,reports 7a7 ,individual reports ,not later than #ij days after the date that the ,commission concludes a hearing under section #e for a qualifying petition1 the ,commission shall submit a report to ,secretary concerned and the claimant that includes the ,commissions recommendations and findings with respect to that petition4 7b7 ,report to ,congress ,not later than #aj years after the date of the enactment of this ,act1 the ,commission shall submit a report to ,congress that details1 with respect to each qualifying petition-- 7#a7 a summary of the claims in such qualifying petition2 7#b7 the ,commission's recommended restitution with respect to each claim and reasons thereof2 and 7#c7 the ,secretary that administers the land identified in the qualifying petition4 #g4 ,federal land disposal authority 7a7 ,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 #f7;a74 7b7 ,cost ,the ,secretary concerned shall pay any costs associated with a land transfer under subsection 7a74 #h4 ,protection of acequias 7a7 ,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 ,act1 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 infrastructure4 7b7 ,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 ,n4,m4 ,stat4 #gc-b-ab or ,c4,r4,s4 #g-db-aja4e 7c7 ,definition ,in this section the term acequia means a waterway recognized as an acequia or a community ditch under ,new ,mexico ,state law1 including the diversions1 storage facilities1 and easements of such waterway4 #i4 ,authorization of appropriation ,there is authorized #a1jjj1jjj for each of the fiscal years #bjai to #bjbh for the purpose of carrying out the activities of the ,commission4 ,november #bg1 #bjah ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed