Old treaty subject of new report

JANUARY 25, 2001

An historic treaty which has had significant impacts on land claims by Pueblo tribes and Mexican-Americans in New Mexico might finally begin to have some of its issues addressed with a new government report released on Wednesday.

In the first study of its kind, the General Accounting Office (GA0) yesterday issued a draft report of community land grants recognized by the United States as a result of the Treaty of Guadelupe Hidalgo of 1848. Signed to end the Mexican-American War, the treaty provided for the cession of millions of acres of land in what is now the American Southwest from the Republic of Mexico to the United States for $15 million.

One of its provisions called for the protection of private property owned by Mexican citizens. Although the United States didn't consider residents of New Mexico's 19 Pueblos to be American citizens until 1924, they were citizens of Mexico and covered by the 1848 treaty.

To uphold these rights, Congress confirmed the land grants of Pueblo tribes, Mexican-Americans, towns, and other communities in the later half of the 19th century. But these have done little to resolve complaints that the United States has failed to live up to the provisions of the treaty and land claims by several Pueblos and Mexican-Americans began appearing on court dockets earlier this century.

Hoping to address any deficiencies, New Mexico Senators Jeff Bingaman (D) and Pete Domenici (R) asked the GAO to identify all community land grants, including those of Pueblo tribes. Now, they hope New Mexicans will respond to the report and identify how it can be improved before a final one is issued.

"At this point, New Mexicans with information, documentation, or comments on this topic should offer them to the GAO, which has been given the difficult task of sorting out more than 150 years of history," said Domenici. Both Domenici and Bingaman said they also might consider legislation to address any problems with the treaty.

Domenici last year introduced legislation to settle the outstanding land claims of Santo Domingo Pueblo, some of which stem from their land grant. The bill was signed into law in November and calls for the transfer of 10,000 acres of public and national forest lands, along with a payment of $23 million, to the Pueblo.

But a land claim by Sandia Pueblo has raised problems for Domenici. Over his objections, the Department of Interior last week resolved a dispute on the Sandia Mountains in favor of the Pueblo.

An alternative settlement was proposed in April 2000 by the Pueblo and the government, but Domenici objects because it leaves out private landowners and the County of Bernalillo. Both parties voluntarily withdrew from negotiations in 1999.

Public comments on the GAO study are being accepted until April 2. They can be e-mailed to landgrant@gao.gov, faxed to the GAO at 202-512-7703, or sent through the GAO website.

They can also be mailed to the attention of Alan R. Kasdan at the Office of General Counsel, U.S. General Accounting Office, 441 G. Street, N.W., Washington D.C. 20548.

Get the GAO Exposure Draft:
Treaty of Guadalupe Hidalgo: Definition and List of Community Land Grants in New Mexico [PDF] (GAO-01-330 January 2001)

Relevant Links:
The Treaty of Guadalupe Hidalgo - www.azteca.net/aztec/guadhida.html
The General Accounting Office - www.gao.gov

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