Sec. 5. Hearings on qualifying petitions
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/bill/115/hr/6365/rh/section-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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). The Commission shall designate one or more locations in the claimant’s State in which to hold such hearing. 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.
As part of such hearing, the Commission shall— review each qualifying petition and receive testimony to examine— 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; 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; 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; 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; 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; 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; 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; 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; 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 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; review existing Federal land use policies governing land identified in the qualifying petition; identify and report all private and public leases on land identified in the qualifying petition, including lease type, term, and owner; 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 review and examine existing laws, memorandums of understanding, agreements, and easements relating to the management and use of land identified in the qualifying petition.
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. For purposes of this Act, a qualifying petition is one that— is received by the Commission not later than the date that is 5 years after the date of the enactment of this Act; is made pursuant to an official resolution adopted by the claimant; and includes the following information:
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. 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. A summary of the claims being made and the requested restitution for each claim. The Commission may, under subsection (a), recommend as restitution that the Secretary concerned— convey Federal land to the claimant; grant the claimant stewardship rights to all or part of Federal land; grant the claimant priority access and use rights to all or part of Federal lands for— harvesting of natural resources, such as fuelwood, timber, minerals, rock, soils, vegetation, and vegetation products; grazing and watering of livestock; or hunting and fishing; 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; grant the claimant priority rights to acquire Federal lands that may become available for disposal; and grant the claimant priority rights to obtain new, unused, or unrenewed grazing allotments on Federal lands.
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. 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.