[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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