Sec. 4. Treaty of Guadalupe Hidalgo Land Grant-Merced Claims Commission
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/bill/115/hr/6365/rh/section-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 ). The duties of the Commission shall be to— conduct a hearing on each qualifying petition and formulate a recommendation on restitution, as described in section 5(c); and submit to Congress the reports required under section 6. The Commission shall be composed of 9 members, appointed by the President of the United States, of which— 1 member shall be appointed in consultation with the Secretary of the Interior; 1 member shall be appointed in consultation with the Secretary of Agriculture; 1 member shall be appointed who has a background in Spanish colonial and Mexican legal history as it applies to the Southwestern United States; 1 member shall be appointed who has a background in Spanish colonial, Mexican, and United States history of the Southwestern United States; 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; 1 member shall be appointed who has a background in past and present socioeconomic conditions of the Southwestern United States; 1 member shall be appointed who has a background in cultural geography; and 2 members shall be members of the governing body of a land grant-merced.
Each member shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. 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.
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— the purchase, by the Commission, of pertinent literature on the subject for each Commission member to review; and requests by the Commission for training and presentations on the subject from appropriate Federal or State agencies, institutions of higher education, and private organizations.
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. 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.
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. 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. The Commission may hire or contract staff necessary for the Commission to carry out its responsibilities under this Act. 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.
The Commission is an agency of the United States for the purposes of part V of title 18, United States Code. The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any qualifying petition. 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. 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. 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. The Commission shall terminate not later than 180 days after the Commission submits the report required under section 6(b). 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. The Commission may accept assistance from relevant State agencies and institutions of higher education in performing its activities under this Act.