44th legislature - STATE OF NEW MEXICO - 2nd special session, 2000

REQUESTING THE NEW MEXICO ATTORNEY GENERAL TO CREATE A TREATY OF GUADALUPE HIDALGO TASK FORCE TO REVIEW, MONITOR AND ASSIST THE PROPOSED FEDERAL GENERAL ACCOUNTING OFFICE INVESTIGATION ASKED FOR BY THE NEW MEXICO CONGRESSIONAL DELEGATION.

WHEREAS, New Mexico has a unique history in the acquisition of land to the substantial number of Spanish and Mexican community land grants that were an integral part of the colonization and growth of this area of the country; and

WHEREAS, various provisions of the treaty of Guadalupe Hidalgo signed under prior sovereigns have may not been fully implemented in the spirit of Article 6 of the United States constitution and Article 2, Section 5 of the constitution of New Mexico; and

WHEREAS, the New Mexico congressional delegation has ordered the general accounting office to study how the United States has implemented the provisions of the treaty of Guadalupe Hidalgo that pertain to the protection of community land grant claims in New Mexico as follows:

A. a description of the legal obligation of the United States to protect the rights of community land grants and its actions in carrying out the provisions of the treaty, including efforts to adjudicate community land grant claims;

B. an assessment of the issues raised concerning the implementation of the treaty provisions, including whether the procedures established by the United States to implement the treaty appear to have been adequate and whether the community land grant claims appear to have been equitably adjudicated; and

C. identification of potential methods of resolving any failure by the United States with regard to community land grant claims, and a discussion of the potential effects of those options on intervening legal rights and on Indian nation, tribal and pueblo land claims; and

WHEREAS, the general accounting office has been directed to submit a final report of its findings by December 31, 2002; and

WHEREAS, the state of New Mexico shares its concern and responsibility for the status for community land grants and therefore should assist in seeking remedies that may be recommended by the general accounting office study;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the New Mexico attorney general be requested to create a treaty of Guadalupe Hidalgo task force for the duration of three years beginning June 1, 2000 and ending June 1, 2003 to review, monitor and assist the general accounting office study, and, as resources permit, to take testimony from the land grant community and provide historical, legal and social analysis to the study; and

BE IT FURTHER RESOLVED that the New Mexico attorney general invite the state historian, one or more representatives from the attorney general's office, as resources permit, and five land grant representatives designated by the New Mexico land grant forum and approved by the attorney general to be members of the task force; and

BE IT FURTHER RESOLVED that, as resources permit, the task force propose legislative and legal remedies to the New Mexico congressional delegation and the New Mexico legislature and submit reports of its findings with proposed remedies to the legislature in 2002 and 2003; and

BE IT FURTHER RESOLVED that the task force be authorized and take appropriate steps as permitted by law to receive grants, donations and contributions to defray expenses of the land grant representatives in pursuit of their responsibilities; and

BE IT FURTHER RESOLVED that a copy of this memorial be sent to the members of the New Mexico congressional delegation, the New Mexico attorney general, the New Mexico land grant forum and the state historian.