[House Report 115-1052]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-1052
======================================================================
TREATY OF GUADALUPE-HIDALGO LAND CLAIMS
ACT OF 2018
_______
November 27, 2018.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 6365]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (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, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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 Federal 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
Federal 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) Federal land or federal lands.--The terms ``Federal
land'' or ``Federal lands''' means any land--
(A) located in the State of New Mexico; and
(B) administered by the Secretary of Agriculture
through the Chief of the U.S. Forest Service or the
Secretary of the Interior through the Director of the
Bureau of Land Management.
(5) Gadsden purchase.--The term ``Gadsden Purchase'' means
the Treaty of Boundary, Cession of Territory, Transit of
Isthmus of Tehuantepec.
(6) Governing body.--The term ``Governing body'' means the
governing body, as recognized by State law, of a land grant-
merced.
(7) 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, and is within the boundaries of the
State of New Mexico, 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.
(8) Qualifying petition.--The term ``qualifying petition''
means a petition submitted under section 5.
(9) Secretary concerned.--The term ``Secretary concerned''
means the Secretary that administers the relevant Federal land.
(10) 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 to 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 populations 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, right-of-way, or any
other valid existing rights 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.
PURPOSE OF THE BILL
The purpose of H.R. 6365 is 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 and to affirm Land Grant-Merced
property rights protected by the Treaty of Guadalupe Hidalgo.
BACKGROUND AND NEED FOR LEGISLATION
From the late 17th to mid-19th centuries, Spanish and later
Mexican governments made hundreds of land grants to individuals
and communities in what is now the southwestern United
States.\1\ In New Mexico, grants were made to encourage
settlement, reward patrons of the Spanish government, and to
create a buffer zone between Indian tribes and the more
populated regions of its northern frontier.\2\ Meanwhile,
increased tensions between the United States and Mexico over
the newly-independent State of Texas and disputed lands
culminated in the Mexican-American War of 1846.\3\ After almost
two years of battling, the United States and Mexico signed the
Treaty of Guadalupe Hidalgo in 1848, officially ending the war.
The Treaty ceded from Mexico to the United States approximately
one-half million acres of land in present-day Nevada, Utah,
Arizona, New Mexico, Colorado, and Wyoming. The Treaty also
required the United States to honor the land conveyances and
property rights in its new territory.\4\
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\1\Government Accountability Office, GAO-04-59, Treaty of Guadalupe
Hidalgo: Findings and Possible Options Regarding Longstanding Community
Land Grant Claims in New Mexico (2004).
\2\Ibid.
\3\Department of State Office of the Historian, The Annexation of
Texas, the Mexican-American War, and the Treaty of Guadalupe-Hidalgo,
1845-1848 (https://history.state.gov/milestones/1830-1860/texas-
annexation).
\4\Treaty of Guadalupe Hidalgo, 9 Stat 922.
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To validate these land claims the United States government
established the Office of the Surveyor General in 1854. The
mission of this office was to determine ``the origin, nature,
character, and extent to all claims to lands under the laws,
usages, and customs of Spain and Mexico.''\5\ The adjudication
process used by the Surveyor General was not defensible,
however, so in 1891 Congress established the Court of Private
Land Claims to adjudicate land claims in New Mexico under more
stringent guidelines. This body adjudicated claims through
1904.\6\ Throughout the entire land grant adjudication process,
154 claims were filed on 9.38 million acres, with 105 claims
confirmed on 5.96 million acres.\7\ The 3.42 million acres not
confirmed for land grantees became part of the public domain,
which has been a point of consternation for many land grant
heirs for more than a century.\8\
---------------------------------------------------------------------------
\5\10 Stat. at 309.
\6\Government Accountability Office, GAO-04-59, Treaty of Guadalupe
Hidalgo: Findings and Possible Options Regarding Longstanding Community
Land Grant Claims in New Mexico (2004).
\7\Ibid.
\8\Ibid.
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H.R. 6365 would provide an opportunity for these land
grantees to have their claims reviewed. This bill would
establish a Commission to review each claim and prepare a
report to the Secretaries of Agriculture and the Interior that
outlines findings and suggested restitution. This restitution
can include special access to the lands in question or
wholesale transfer. Any recommended restitution would affect
only federal land, not private or State land. Further, valid
existing rights for leases, permits and rights-of-way would not
be affected. Relevant land management agencies, through their
respective Secretaries, may execute the recommended restitution
or Congress could pass legislation to do so. This bill would
implement recommendations made by the Government Accountability
Office in 2004.\9\
---------------------------------------------------------------------------
\9\Ibid.
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SECTION-BY-SECTION ANALYSIS
Section 1. Short title; Table of Contents
This section provides a short title for the Act, the Treaty
of Guadalupe-Hidalgo Land Claims Act of 2018, as well as a
table of contents.
Section 2. Findings
This section provides Congressional findings for the Act.
Section 3. Definitions
This section defines terms used in the Act.
Section 4. Treaty of Guadalupe Hidalgo Land Grant-Merced Claims
Commission
This section establishes the Treaty of Guadalupe Hidalgo
Land Grant-Merced Claims Commission to conduct hearings on each
qualifying petition and formulate a recommendation on
restitution to submit to Congress. It requires that the
Commission will be comprised of nine members appointed by the
President who have experience in Spanish colonial history,
Southwestern history, international laws pertaining to
treaties, cultural geography, and land grants. It further
requires that each member serves for the life of the
Commission, and vacancies will be handled in the same manner as
the appointment was made. It requires Commission members to
study relevant history and provides that they shall receive
compensation, subject to appropriations for that purpose.
This section also sets forth Commission powers to hold
hearings, accept gifts of services or property, use the U.S.
mail as other federal agencies do, hire staff, issue subpoenas,
and receive support from State and federal agencies. It
requires that the Commission terminate 180 days after the final
report is submitted.
Section 5. Hearings on qualifying petitions
This section establishes the Commission's hearing process.
Each petition shall receive a hearing in the claimant's State.
It allows all persons having an interest in the land to
testify. Upon receiving a qualifying petition, the Commission
shall review many aspects of the land grant-merced (Spanish or
Mexican land grants), including the impacts as a result of it
not being recognized in 1854; existing federal land use
policies on the land in question; all private and public leases
involved; the value of the revenues generated from the land
identified over time; and existing laws relating to the
management of land at question. The Commission shall also apply
appropriate international treaty law when evaluating the
petitions.
This section also delineates the elements of a qualifying
petition. First, a petition must be received within five years
after the bill's enactment. Second, it must be made pursuant to
an official resolution adopted by the claimant. Third, it must
include contact information, documentation on the boundaries,
and the summary of claims being presented.
This section also sets the criteria for possible
restitution. The Commission may make the following
recommendations: 1) convey the land; 2) grant the claimant
stewardship rights; 3) grant the claimant priority access and
use rights; 4) grant the claimant priority rights to leases,
permits, and easements; 5) grant the claimant priority rights
to acquire lands; or 6) grant the claimant priority rights to
obtain new, unused, or unrenewed grazing allotments. It also
adds two provisions that protect non-federal land and existing
leases, permits, and rights-of-way.
Section 6. Reports
This section requires that, within 90 days of a hearing,
the Commission must complete and submit a report to the
Secretary concerned. Ten years after the bill is enacted, the
Commission must submit a report to Congress that details the
claims, the restitution offered, and the Secretary who
administers the land.
Section 7. Federal land disposal authority
This section provides the Secretary concerned the ability
to transfer land if recommended by the Commission.
Section 8. Protection of acequias
This section ensures that the rights of any acequia
(waterways) on federal land shall not be impaired.
Section 9. Authorization of appropriations
This section authorizes appropriations of $1 million a year
for each of Fiscal Years 2019 through 2028 to carry out the
activities of the Commission.
COMMITTEE ACTION
H.R. 6365 was introduced on July 13, 2018, by Congressman
Stevan Pearce (R-NM). The bill was referred to the Committee on
Natural Resources and within the Committee, to the Subcommittee
on Federal Lands and the Subcommittee on Water, Power and
Oceans. The Federal Lands Subcommittee held a hearing on the
bill on September 6, 2018. On September 26, 2018, the Natural
Resources Committee met to consider the bill. The Subcommittees
were discharged by unanimous consent. Congressman Pearce
offered an amendment designated #1; it was adopted by voice
vote. Congressman Raul M. Grijalva (D-AZ) offered an amendment
designated 116; it was not adopted by voice vote. No additional
amendments were offered, and the bill, as amended, was ordered
favorably reported to the House of Representatives by a roll
call vote of 19 yeas and 12 nays, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII AND
CONGRESSIONAL BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 7, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 6365, the Treaty
of Guadalupe-Hidalgo Land Claims Act of 2018.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Janani
Shankaran.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 6365--Treaty of Guadalupe-Hidalgo Land Claims Act of 2018
Summary: H.R. 6365 would authorize the appropriation of $1
million annually over the 2019-2028 period to establish a
commission to review petitions on the validity of certain land
claims in New Mexico. CBO estimates that implementing H.R. 6365
would cost $5 million over the 2019-2023 period, assuming
appropriation of the authorized amounts.
The bill also would authorize the commission to accept and
spend donations. Because enacting H.R. 6365 could affect direct
spending, pay-as-you-go procedures apply. However, CBO
estimates that the net effect on direct spending would be
negligible. The bill would not affect revenues.
CBO estimates that enacting H.R. 6365 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 6365 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effect of H.R. 6365 is shown in the following table.
The costs of the legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2019 2020 2021 2022 2023 2019-2023
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level..................................... 1 1 1 1 1 5
Estimated Outlays....................................... 1 1 1 1 1 5
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted near the start of 2019. Estimated
outlays are based on historical spending patterns for similar
activities.
H.R. 6365 would establish the Treaty of Guadalupe-Hidalgo
Land Grant-Merced Claims Commission, which would be composed of
nine members appointed by the President, to review petitions on
the validity of certain land claims in New Mexico arising from
the Treaty of Guadalupe-Hidalgo. The bill would direct the
commission to conduct hearings for each petition and submit
recommendations to the Congress on possible forms of
restitution for petitioners. (Settling those claims or
providing restitution would require separate legislation; any
costs would be attributed to the legislation that provided such
authority.)
H.R. 6365 would authorize the appropriation of $1 million
annually through 2028 for those activities. Assuming
appropriation of the authorized amounts, CBO estimates that
implementing the bill would cost $5 million over the 2019-2023
period, and an additional $5 million after 2023.
Pay-As-You-Go considerations: H.R. 6365 would authorize the
commission to accept and spend donations, which would be
recorded in the budget as offsetting receipts, or reductions in
direct spending. Because CBO expects that any donations would
be spent soon after they are received, we estimate that the net
effect on direct spending would be negligible. The bill would
not affect revenues.
Increase in long-term direct spending and deficits: CBO
estimates that enacting H.R. 6365 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2029.
Mandates: H.R. 6365 contains no intergovernmental or
private-sector mandates as defined in UMRA.
Estimate prepared by: Federal costs: Janani Shankaran;
Mandates: Zachary Byrum.
Estimate reviewed by: Kim P. Cawley, Chief, Natural and
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is 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 and to affirm Land Grant-Merced
property rights protected by the Treaty of Guadalupe Hidalgo.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes to existing
law.
DISSENTING VIEWS
Following the implementation of the Treaty of Guadalupe
Hidalgo, the United States had a responsibility to honor the
land rights of historic communities in New Mexico. As confirmed
by an extensive report by the Government Accountability Office
(GAO), the confirmation process in the 19th Century was
problematic, unfair, and inefficient, leaving many communities
with unresolved claims.
Establishing a commission, as recommended by the GAO, may
be an appropriate method to review historic claims and
grievances. This bill, however, provides the Executive Branch
with too much discretion to dispose of federal land without any
input from Congress.
Sec. 7, for example, authorizes the Secretary of the
Interior and Secretary of Agriculture to dispose of federal
land based on the findings of the commission. This unrestricted
authority could lead to unintended consequences, such as
restricting access to federal land, conveyance of units of the
National Park System and congressionally designated wilderness,
and the disruption of Native American treaty rights exercised
on existing federal land. Ranking Member Grijalva offered an
amendment at markup to strike this section from the bill.
Unfortunately, it was rejected by the majority.
Decisions about how to implement the findings of the
commission, including the disposal of any federal land, should
be left up to Congress. If Sec. 7 remains, H.R. 6365 will lead
to more injustice and resentment than it will resolve.
Raul M. Grijalva,
Ranking Member, Committee on
Natural Resources.
[all]