119-hr2785

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2785 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 2785

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 HOUSE OF REPRESENTATIVES

 April 9, 2025

 Ms. Leger Fernandez introduced the following bill; which was referred 
 to the Committee on 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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