New Mexico Land Grant-Mercedes Historical or Traditional Use Cooperation and Coordination Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1363 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                S. 1363

To provide for greater cooperation and coordination between the Federal
 Government and the governing bodies and community users of land grant-
 mercedes in New Mexico relating to historical or traditional uses of
   certain land grant-mercedes on Federal public land, and for other
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 9, 2025

   Mr. Lujan introduced the following bill; which was read twice and
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

To provide for greater cooperation and coordination between the Federal
 Government and the governing bodies and community users of land grant-
 mercedes in New Mexico relating to historical or traditional uses of
   certain land grant-mercedes on Federal public land, and for other
                               purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``New Mexico Land Grant-Mercedes
Historical or Traditional Use Cooperation and Coordination Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Community user.--The term ``community user'' means an
        heir (as defined under the laws of the State) of a qualified
        land grant-merced.
            (2) Federal land.--
                    (A) In general.--The term ``Federal land'' means
                any land or interest in land owned by the United
                States.
                    (B) Exclusions.--The term ``Federal land'' does not
                include--
                            (i) land within the boundary of an Indian
                        reservation;
                            (ii) land held in trust or in restricted
                        status by the United States for the benefit
                        of--
                                    (I) an Indian Tribe; or
                                    (II) an individual Indian; or
                            (iii) land held in fee by an Indian or
                        Indian Tribe that is subject to restrictions on
                        alienation by the United States.
            (3) Governing body.--The term ``governing body'' means the
        board of trustees authorized under State law with the control,
        care, and management of a qualified land grant-merced.
            (4) Historical or traditional use.--The term ``historical
        or traditional use'' means the following long-established and
        habitual uses conducted by a qualified land grant-merced on
        Federal land for noncommercial benefit and for the benefit of
        the qualified land grant-merced:
                    (A) The use of water in accordance with all
                applicable Federal and State laws (including
                regulations).
                    (B) Gathering herbs in small quantities.
                    (C) Gathering wood products in small quantities.
                    (D) Gathering flora or botanical products in small
                quantities.
                    (E) Grazing, to the extent that grazing has
                traditionally been carried out on Federal land, as
                determined by the Secretary concerned, in coordination
                with the New Mexico Land Grant Council.
                    (F) Subsistence hunting or fishing that is
                conducted in accordance with State law.
                    (G) Soil or rock gathering in small quantities.
                    (H) The use and maintenance of an existing monument
                or shrine.
                    (I) The use and maintenance of an existing cemetery
                by a qualified land grant-merced.
                    (J) Any other long-established and habitual use
                conducted by a qualified land grant-merced for
                noncommercial benefit that--
                            (i) has a sustainable use by the qualified
                        land grant-merced, as determined by the
                        Secretary concerned, in coordination with the
                        New Mexico Land Grant Council;
                            (ii) supports the long-term integrity of
                        the qualified land grant-merced, as determined
                        by the Secretary concerned, in coordination
                        with the New Mexico Land Grant Council; and
                            (iii) is agreed to in writing by the
                        Secretary concerned and the New Mexico Land
                        Grant Council.
            (5) Indian tribe.--The term ``Indian Tribe'' means the
        governing body of any individually identified and federally
        recognized Indian or Alaska Native tribe, band, nation, pueblo,
        village, community, affiliated Tribal group, or component
        reservation included on the most recent list published pursuant
        to section 104(a) of the Federally Recognized Indian Tribe List
        Act of 1994 (25 U.S.C. 5131(a)).
            (6) Memorandum of understanding.--The term ``memorandum of
        understanding'' means a memorandum of understanding entered
        into or extended, renewed, or revised under section 3(a)(1).
            (7) Noncommercial benefit.--The term ``noncommercial
        benefit'' means a benefit from a use, the primary purpose of
        which is not the sale of a good or service.
            (8) Qualified land grant-merced.--The term ``qualified land
        grant-merced'' means a community land grant issued under the
        laws or customs of the Government of Spain or Mexico that--
                    (A) is recognized under New Mexico Statutes Chapter
                49, Articles 1 and 4 (or a successor statute); and
                    (B)(i) has a record of historical or traditional
                use on Federal land under the jurisdiction of the
                Secretary concerned; or
                    (ii) has a patented exterior boundary that is or
                was previously located on or adjacent to Federal land
                under the jurisdiction of the Secretary concerned.
            (9) Secretary concerned.--The term ``Secretary concerned''
        means the Secretary of Agriculture or the Secretary of the
        Interior, with respect to Federal land under the jurisdiction
        of the Secretary of Agriculture or the Secretary of the
        Interior, respectively.
            (10) State.--The term ``State'' means the State of New
        Mexico.

SEC. 3. MEMORANDUM OF UNDERSTANDING ON PERMIT REQUIREMENTS AND OTHER
              LAND USE AUTHORIZATIONS FOR HISTORICAL OR TRADITIONAL
              USES OF QUALIFIED LAND GRANT-MERCEDES; REDUCTION OR
              WAIVER OF CERTAIN FEES.

    (a) Memorandum of Understanding.--
            (1) In general.--The Secretary concerned, acting through
        the appropriate officials of the Department of Agriculture and
        the Department of the Interior in the State, in consultation
        with Indian Tribes, shall--
                    (A) not later than 2 years after the date of
                enactment of this Act, enter into an initial memorandum
                of understanding with the New Mexico Land Grant
                Council; and
                    (B) subject to the requirements of this section, on
                the expiration of the initial memorandum of
                understanding entered into under subparagraph (A) or
                any successor memorandum of understanding entered into
                under this subparagraph--
                            (i) enter into a successor memorandum of
                        understanding with the New Mexico Land Grant
                        Council; or
                            (ii) extend or renew, with any revisions
                        determined to be appropriate by the Secretary
                        concerned and the New Mexico Land Grant
                        Council, the expired memorandum of
                        understanding.
            (2) Applicable requirements and authorizations.--
                    (A) In general.--A memorandum of understanding
                shall--
                            (i) provide for enhanced cooperation and
                        coordination between the Secretary concerned
                        and qualified land grant-mercedes;
                            (ii) provide for the Secretary concerned,
                        acting through the appropriate officials of the
                        Department of Agriculture and the Department of
                        the Interior, to enter into subsidiary
                        agreements with qualified land grant-mercedes
                        for specific projects consistent with the
                        memorandum of understanding; and
                            (iii) be consistent with, and subject to--
                                    (I) applicable Federal laws
                                (including regulations);
                                    (II) applicable land use plans; and
                                    (III) valid existing rights.
                    (B) Permits and other land use authorizations.--A
                memorandum of understanding shall include--
                            (i) a description of the types of
                        historical or traditional uses that--
                                    (I) a community user or a governing
                                body of a qualified land grant-merced
                                may conduct for noncommercial benefit
                                on Federal land under the jurisdiction
                                of the Secretary concerned; and
                                    (II) require a permit or other land
                                use authorization from the Secretary
                                concerned;
                            (ii) a citation to, and description of, any
                        administrative procedures for obtaining the
                        permit or other land use authorization under
                        clause (i);
                            (iii) a description of--
                                    (I) the types of fees, including
                                cost recovery fees and land use fees,
                                that may be associated with a permit or
                                other land use authorization under
                                clause (i); and
                                    (II) if applicable, the process to
                                request a reduction or waiver of the
                                fees described in subclause (I) under
                                regulations promulgated by the
                                Secretary concerned;
                            (iv) a description of the process for
                        determining the permissible use of motorized
                        and nonmotorized vehicles and equipment by a
                        community user or the governing body of a
                        qualified land grant-merced for noncommercial
                        historical or traditional use on Federal land
                        under the jurisdiction of the Secretary
                        concerned;
                            (v) a description of the process for
                        determining the permissible use of mechanized
                        vehicles or equipment by a community user or
                        governing body of a qualified land grant-merced
                        for historical or traditional use on Federal
                        land under the jurisdiction of the Secretary
                        concerned;
                            (vi) a description of the process for
                        determining the permissible use of nonnative
                        material by a community user or the governing
                        body of a qualified land grant-merced for any
                        of the uses described in subparagraphs (C) and
                        (D) on Federal land under the jurisdiction of
                        the Secretary concerned;
                            (vii) a description of any applicable
                        restrictions and prohibitions on historical or
                        traditional uses conducted by a qualified land
                        grant-merced on Federal land under the
                        jurisdiction of the Secretary concerned; and
                            (viii) a description of the process, in
                        accordance with applicable law, for consulting
                        with 1 or more Indian Tribes that would be
                        directly affected by a proposed historical or
                        traditional use on Federal land by a qualified
                        land grant-merced.
                    (C) Routine maintenance and minor improvements.--A
                memorandum of understanding shall address authorization
                of routine maintenance and minor improvements of
                infrastructure used by a qualified land grant-merced in
                connection with a historical or traditional use on
                Federal land under the jurisdiction of the Secretary
                concerned, including--
                            (i) cleaning, repair, or replacement-in-
                        kind of infrastructure;
                            (ii) maintenance of a trail, road, cattle
                        guard, culvert, or fence;
                            (iii) maintenance of a monument or shrine;
                            (iv) maintenance of a community cemetery by
                        a qualified land grant-merced;
                            (v) maintenance of a livestock well, water
                        line, water storage container, or water tank;
                        and
                            (vi) any other routine maintenance or minor
                        improvement associated with historical or
                        traditional uses identified by the New Mexico
                        Land Grant Council during the development of
                        the memorandum of understanding.
                    (D) Major improvements.--A memorandum of
                understanding may describe the process for authorizing
                major improvements of infrastructure of a qualified
                land grant-merced in connection with a historical or
                traditional use on Federal land under the jurisdiction
                of the Secretary concerned, including--
                            (i) construction or expansion of a
                        community water or wastewater system of a
                        qualified land grant-merced;
                            (ii) construction or major repair of a
                        livestock well, water line, water storage
                        container, or water tank of a qualified land
                        grant-merced;
                            (iii) major repair of a monument or shrine
                        of a qualified land grant-merced;
                            (iv) installation of a cattle guard;
                            (v) construction of a trail, road, or
                        fence;
                            (vi) construction or expansion of a
                        community cemetery by a qualified land grant-
                        merced; and
                            (vii) any other major improvement
                        associated with historical or traditional uses,
                        as determined by the Secretary concerned.
                    (E) Notice and comment.--A memorandum of
                understanding shall describe the policies and
                procedures for notice and comment on land management
                planning decisions and major Federal actions that could
                affect historical or traditional uses of Federal land
                by a qualified land grant-merced, and methods of
                providing the notice, including notice--
                            (i) online;
                            (ii) in print; and
                            (iii) by mail or email to the New Mexico
                        Land Grant Council and Indian Tribes, including
                        through a listserv that would include qualified
                        land grant-mercedes, the New Mexico Land Grant
                        Council, and Indian Tribes.
            (3) Development, execution, and implementation of
        memorandum of understanding.--
                    (A) Role of the new mexico land grant council.--The
                New Mexico Land Grant Council may represent qualified
                land grant-mercedes in developing, executing, and
                implementing a memorandum of understanding.
                    (B) Role of governing bodies of qualified land
                grant-mercedes.--The Secretary concerned may invite
                representatives of governing bodies of qualified land
                grant-mercedes to participate in meetings and provide
                input during the development of a memorandum of
                understanding.
            (4) Limitation.--A memorandum of understanding--
                    (A) shall describe the process for a qualified land
                grant-merced to obtain authorizations for historical or
                traditional uses through existing authorities, subject
                to existing Federal laws (including regulations) and
                applicable permit and land use authorization
                requirements; but
                    (B) shall not directly approve or authorize a
                historical or traditional use described in subparagraph
                (A).
    (b) Fees for Qualified Land Grant-Mercedes.--Where the Secretary
concerned is authorized to reduce or waive land use fees or consider
the fiscal capacity of the applicant in determining whether to reduce
or waive a fee for a land use permit, the Secretary shall consider--
            (1) the socioeconomic conditions of community users of a
        qualified land grant-merced; and
            (2) the annual operating budget of the governing body of
        the qualified land grant-merced.

SEC. 4. CONSIDERATION AND INCLUSION OF PROVISIONS WITH RESPECT TO
              HISTORICAL OR TRADITIONAL USES IN LAND USE PLANNING.

    In developing, maintaining, and revising land use plans pursuant to
section 202 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712) and section 6 of the National Forest Management Act (16
U.S.C. 1604), as applicable, the Secretary concerned shall, in
accordance with applicable law, and, as determined to be appropriate by
the Secretary concerned, include a section in the applicable land use
plan that considers and evaluates the impact of other uses in the land
use plan on historical or traditional uses by qualified land grant-
mercedes.

SEC. 5. EFFECT.

    Nothing in this Act--
            (1) modifies, limits, expands, or otherwise affects any
        treaty-reserved right, or any other right of, or obligation to,
        any Indian Tribe, including treaties or agreements with the
        United States, Executive orders, statutes, regulations, or case
        law, that is recognized on or after the date of enactment of
        this Act by any other means;
            (2) affects the authority of the State to regulate water
        use in accordance with all Federal and State laws (including
        regulations);
            (3) affects the authority of the State to regulate the
        management of game and fish, in accordance with all Federal and
        State laws (including regulations);
            (4) affects any valid existing rights, or valid permitted
        authorized uses of, Federal land; or
            (5) creates any implicit or explicit right to any type of
        use of Federal land.
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