[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6487 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 6487
To provide for greater consultation between the Federal Government and
the governing bodies of land grant-mercedes and acequias in New Mexico
and to provide for a process for recognition of the historic-
traditional boundaries of land grant-mercedes, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 24, 2018
Mr. Ben Ray Lujan of New Mexico introduced the following bill; which
was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To provide for greater consultation between the Federal Government and
the governing bodies of land grant-mercedes and acequias in New Mexico
and to provide for a process for recognition of the historic-
traditional boundaries of land grant-mercedes, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Land Grant and
Acequia Traditional Use Recognition and Consultation Act''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Notice and comment.
Sec. 5. Guidance on permit requirements.
Sec. 6. Notification to permit applicants; compliance with NEPA.
Sec. 7. Assistance to governing bodies.
Sec. 8. Spiritual and cultural sites.
Sec. 9. Process for recognition of historical-traditional use
boundaries of qualified land grant-
mercedes.
SEC. 2. FINDINGS.
Congress finds the following:
(1) From the 17th to the mid-19th centuries, the
Governments of Spain and Mexico made grants of land to
individuals, groups, and communities throughout the Southwest
United States to promote settlement in frontier lands.
(2) The key land ownership feature for a land grants-merced
was common lands, meaning lands that were not individually
owned but were considered ``commons'' for use by all local
residents to provide the necessary resources to sustain the
entire community.
(3) On February 2, 1848, the United States and Mexico ended
the Mexican-American war by signing the Treaty of Peace,
Friendship, Limits, and Settlement (commonly known as the
Treaty of Guadalupe Hidalgo), in which Mexico formally
relinquished to the United States claims to over 790,000 square
miles of land now constituting all or part of Arizona,
California, Colorado, Nevada, New Mexico, Texas, Utah, and
Wyoming.
(4) The Treaty of Guadalupe Hidalgo included provisions
under article VIII for the protection of established property
rights, including community land grants located in the new
territories, and the United States and Mexico further affirmed
these protections in the Protocol of Queretaro.
(5) Although the Senate struck article X of the Treaty of
Guadalupe Hidalgo as negotiated, the United States clarified in
the subsequent Protocol of Queretaro that ``these grants . . .
preserve the legal value which they may possess'' and the
grantees in the new territories retained their property rights.
(6) As noted by the Government Accountability Office in the
2001 report GAO-01-951, ``The Protocol specified the United
States' position that land grant titles would be protected
under the treaty and that grantees could have their ownership
of land acknowledged before American tribunals.''.
(7) In the second half of the 19th century, the United
States enacted various laws establishing processes to review
property claims in the new territories, such as the Act of July
22, 1854 (10 Stat. 308; ch. 103), that created the office of
Surveyor General of New Mexico and the Act of March 3, 1891 (26
Stat. 854; ch. 539), that created the Court of Private Land
Claims.
(8) The established processes differed from State to State,
and a history of problematic surveys and corruption may explain
why there was so much acreage lost by community land grants and
why so few survived into modern times as self-governing
entities administering intact common lands.
(9) Studies have concluded that for land grant communities
and community members to survive in the non-cash economies
prior to the mid-20th century, it was essential that they have
access to the common land resources of their own private
inholdings, which provided a complete resource base for
successful small-scale family farming and stock-raising
activities, upon which the local economy was based.
(10) New Mexico's community land grants, now known as land
grant-mercedes, are an important part of the State's culture
and history and have been recognized under the Kearny Code of
1846 and subsequent territorial laws of New Mexico and New
Mexico State law.
(11) Article 2, section 5 of the constitution of New Mexico
states, ``The rights, privileges and immunities, civil,
political and religious guaranteed to the people of New Mexico
by the Treaty of Guadalupe Hidalgo shall be preserved
inviolate'', providing powerful constitutional protection for
the rights of the State's land grant communities.
(12) Water delivery systems known as acequias, or community
ditches, are a centuries-old system used for water
distribution, introduced to New Mexico by the Spanish in the
16th century, to allow for farming to sustain the needs of the
community, creating a cultural landscape and way of life
centered around local agriculture.
(13) In New Mexico, acequias are governed by a centuries-
old form of water governance, known as acequias, that are
political subdivisions of the State and are composed of a board
of private land owners that are responsible for the upkeep and
maintenance of the acequias and for monitoring and
administering surface water rights along the acequia.
(14) In New Mexico, acequias have created a cultural
landscape and way of life centered around local agriculture,
water governance, and a custom of sharing scarce water.
SEC. 3. DEFINITIONS.
In this Act:
(1) Community users.--The term ``community user'' means--
(A) with respect to a qualified acequia, an
individual who is the legal owner of a water right on a
qualified acequia; and
(B) with respect to a qualified land-grant merced,
an heir as defined by N.M. Stat. Sec. 49-1-1.1.
(2) Governing body.--The term ``governing body''--
(A) with respect to a qualified acequia, means the
board composed of private land owners (known as
commissioners) for such qualified acequia, as provided
in N.M. Stat. Sec. 73-2-12 and recognized as a
political subdivision of the State under N.M. Stat.
Sec. 73-2-28; and
(B) with respect to a qualified land grant-merced,
means the board of trustees charged under State law
with the control, care, and management of the qualified
land grant-merced.
(3) Historical-traditional use boundary.--The term
``historical-traditional use boundary'', with respect to a land
grant-merced, means the boundary recognized under the process
described in section 10.
(4) Patent boundary.--The term ``patent boundary'', with
respect to a land grant-merced, means the boundary in the
official survey that accompanied the land patent issued by the
United States for a land grant-merced claim at the conclusion
of the adjudication process required by the Treaty of Guadalupe
Hidalgo.
(5) Qualified acequia.--The term ``qualified acequia''
means a waterway in the State recognized as an acequia or a
community ditch under State or Federal law, including the
diversions, storage facilities, and easements of such waterway.
(6) Qualified land grant-merced.--The term ``qualified land
grant-merced''--
(A) means a community land grant issued under the
laws or customs of Spain or Mexico that received a
patent from the United States or has been recognized
under State law; and
(B) includes land--
(i) with respect to a land grant-merced
that has not completed the process under
section 10, within the patent boundary of such
land grant-merced; and
(ii) with respect to a land grant-merced
that has completed the process under section
10, the historical-traditional use boundary of
such land grant-merced.
(7) State.--The term ``State'' means the State of New
Mexico.
(8) Secretary concerned.--The term ``Secretary concerned''
means--
(A) if the qualified acequia or qualified land
grant-merced concerned is located on land under the
administration of the Secretary of Agriculture, or
adjacent to such land, the Secretary of Agriculture; or
(B) if the qualified acequia or qualified land
grant-merced concerned is located on land under the
administration of the Secretary of the Interior, or
adjacent to such land, the Secretary of the Interior.
SEC. 4. NOTICE AND COMMENT.
(a) Notice and Comment Process.--Not less than 90 days before the
Secretary adopts, amends, or revises a management plan for, or before
the Secretary conducts an action for which a detailed statement is
required under section 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) to be conducted on, any Federal
land that contains any portion of a qualified land grant-merced, or any
Federal land that is adjacent to or nearby a qualified land-grant
merced, the Secretary concerned shall--
(1) provide written notice and an opportunity for comment
to--
(A) the governing body of the qualified land grant-
merced using the mailing address and electronic address
on file in the database established under subsection
(c); and
(B) the relevant State agency thats purpose is to
serve as a liaison between land grants-mercedes and the
Federal Government;
(2) hold not less than 2 meetings with the governing body
of the qualified land grant-merced on the proposed adoption,
amendment, or revision of the management plan, or the proposed
action, within the immediate vicinity of the qualified land
grant-merced; and
(3) not less than 30 days before each public meeting,
notify the governing body of the qualified land grant-merced of
the date, time, location, and subject matter of such public
meeting.
(b) Notification of Final Plan.--Not less than 10 days after the
Secretary adopts, amends, or revises a management plan for any Federal
land that contains any portion of a qualified land grant-merced, or any
Federal land that is adjacent to any land grant-merced, the Secretary
concerned shall--
(1) provide written notice to the governing body of the
qualified land grant-merced using the mailing address and
electronic address on file in the database established under
subsection (c); and
(2) publish notice of availability of the final plan in a
local newspaper.
(c) Database of Governing Bodies.--The Secretary concerned shall
maintain and periodically update a database of the mailing address and,
if available, electronic address of each governing body of a qualified
land grant-merced. The Secretary concerned shall be responsible for
verifying the information in the database is correct before providing
any notice required by this section.
(d) Evaluation.--Before the Secretary adopts, amends, or revises a
management plan for, or before the Secretary conducts an action for
which a detailed statement is required under section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to
be conducted on any Federal land that contains any portion of a
qualified land grant-merced, or any Federal land that is adjacent to or
nearby a qualified land-grant merced, the Secretary concerned shall, in
consultation with the governing body of the qualified land grant-
merced, evaluate the potential impact of the adoption, amendment, or
revision, or the proposed action, on the ability of the relevant
community users and governing body of the qualified land grant-merced
to carry out the historical-traditional uses described in section 5.
(e) Mitigation.--If the Secretary determines that a the adoption,
amendment, or revision of a management plan, or the proposed action,
may result in an adverse impact to a historical-traditional use
described in section 5 of relevant community users or governing body of
the qualified land grant-merced, the Secretary shall, to the maximum
extent practical and consistent with the purposes, policies, and
programs of Federal laws and regulations applicable, mitigate such
adverse impact.
SEC. 5. GUIDANCE ON PERMIT REQUIREMENTS FOR QUALIFIED LAND GRANT-
MERCEDES.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary concerned, in consultation with
the governing bodies of a qualified land grant-merced, shall issue
written guidance for each of the uses described in paragraphs (1)
through (3) of subsection (c) on--
(1) what activities conducted by a community user or
governing body of a qualified land grant-merced, or a
contractor of such a governing body, on such qualified land
grant-merced require the community user or governing body of
the qualified land grant-merced to obtain a permit from the
Secretary concerned;
(2) what administrative procedures must be followed to
obtain such permit;
(3) what fees are required to obtain such permit;
(4) the permissible use of motorized and non-motorized
vehicles by community users or the governing body of a
qualified land grant-merced on such qualified land grant-merced
to carry out each of the uses described in paragraphs (1)
through (3) of subsection (c) on such qualified land grant-
merced;
(5) permissible use of mechanized equipment by community
users or the governing body of a qualified land grant-merced on
such qualified land grant-merced to carry out each of the uses
described in paragraphs (1) through (3) of subsection (c) on
such qualified land grant-merced; and
(6) permissible use of non-native materials by community
users or the governing body of a qualified land grant-merced to
carry out each of the uses described in paragraphs (1) through
(3) of subsection (c) on such qualified land grant-merced.
(b) Fees for Qualified Land Grant-Mercedes.--
(1) In general.--When determining the fees referred to in
subsection (a)(3), the Secretary concerned shall consider the
socio-economic conditions of community users and the annual
operating budgets of governing bodies of qualified land grant-
mercedes.
(2) Fees for historical-traditional uses.--The Secretary
concerned shall waive any fee to obtain a permit for a
historical-traditional use to be conducted by a community user
or governing body of a qualified land grant-merced on such
qualified land grant-merced, except that the Secretary is not
required under this paragraph to waive a fee to obtain a permit
for grazing.
(c) Definitions.--For the purposes of this section:
(1) Historical-traditional uses.--Historical-traditional
uses on a qualified land grant-merced on Federal land are--
(A) use of water;
(B) religious and cultural use;
(C) gathering herbs;
(D) gathering wood products;
(E) gathering flora and botanical products;
(F) grazing, to the extent that grazing has
traditionally been carried out on such land;
(G) recreation;
(H) hunting and fishing;
(I) soil and rock gathering; and
(J) any other traditional activity that has
sustainable beneficial community uses that support the
long-term cultural and socio-economic integrity of the
community and that is agreed to in writing by the
Secretary concerned and the governing body of the
relevant qualified land grant-merced.
(2) Routine maintenance and minor improvements.--Routine
maintenance and minor improvements on a qualified land grant-
merced on Federal land are--
(A) cleaning, repair, or replacement in kind of
infrastructure;
(B) maintenance and upkeep of a trail, road, or
fence;
(C) maintenance and upkeep of a monument or shrine;
(D) maintenance and upkeep of a community cemetery;
(E) maintenance and upkeep of a livestock well or
water tank; and
(F) any other traditional activity that preserves
the state of the qualified land grant-merced, as agreed
to in writing by the Secretary concerned and the
governing body of the qualified land grant-merced.
(3) Major improvements.--Major improvements on a qualified
land grant-merced on Federal land are--
(A) construction or expansion of a community water
or wastewater system;
(B) construction or major repair of a livestock
well or water tank;
(C) construction or major repair of a monument or
shrine;
(D) installation of a cattle guard;
(E) construction of a trail, road, or fence; and
(F) construction or expansion of a cemetery.
SEC. 6. SPECIAL USE PERMITS NOT REQUIRED FOR ROUTINE MAINTENANCE AND
MINOR IMPROVEMENTS OF ACEQUIAS.
(a) In General.--Special use permits shall not be required for the
presence of or use of water from a qualified acequia on Federal land or
for routine maintenance and minor improvements conducted by a community
user, governing body or employee of a qualified acequia on a qualified
acequia on Federal land.
(b) Routine Maintenance and Minor Improvements.--For purposes of
this section, routine maintenance and minor improvements on a qualified
acequia on Federal land are--
(1) cleaning, maintenance, repair, or replacement in kind
of infrastructure;
(2) annual ditch cleaning, including removal of silt; and
(3) any other traditional activity that preserves the state
of the qualified acequia, as agreed to in writing by the
Secretary concerned and the governing body of the qualified
acequia.
SEC. 7. NOTIFICATION TO PERMIT APPLICANTS; COMPLIANCE WITH NEPA.
(a) Notification To Permit Applicants.--
(1) In general.--Not later than 45 days after receiving a
request for a permit from a governing body, the Secretary
concerned shall provide a written response to the governing
body notifying the governing body that--
(A) the permit has been approved;
(B) the permit has been denied, including a
description of why the permit was denied; or
(C) such activity requires an environmental
assessment or environmental impact statement, as
applicable, before a permit may be issued for the
activity.
(b) Compliance With NEPA.--In any case in which an environmental
assessment or environmental impact statement is required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for
an activity for which a governing body has requested a permit from the
Secretary concerned to conduct such activity on a qualified acequia or
qualified land grant-merced on Federal land, and for which the
Secretary has not denied the permit under subsection (a)(3), the
Secretary shall--
(1) estimate the time necessary to complete such
environmental assessment or environmental impact statement;
(2) not later than 30 days after receiving the request for
a permit from a governing body, notify the governing body of
such estimation; and
(3) not later than 30 days after completing all action
required under such Act for such activity--
(A) issue such permit to the community user or
governing body; or
(B) notify the community user or governing body
that the request for a permit has been denied.
(c) Failure To Time Estimate.--If the Secretary concerned fails to
prepare an environmental assessment or environmental impact statement
within the respective time period estimated under subsection (b)(1),
then the Secretary shall--
(1) notify the governing body in writing of the delay;
(2) notify Congress in writing of the delay;
(3) make a new estimate of the time necessary to complete
such environmental assessment or environmental impact
statement; and
(4) not later than 30 days after the end of the respective
time period estimated under subsection (b)(1) notify the
governing body of such new estimation.
(d) Cost of NEPA Compliance.--In consideration of the socio-
economic conditions of community users and the annual operating budgets
of governing bodies of qualified acequias and qualified land grant-
mercedes, the Secretary concerned may waive any cost-share requirement
on the community user or the governing body of a qualified acequia or
qualified land grant-merced with respect to the cost of compliance with
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
for an activity to be conducted on a qualified acequia or qualified
land grant-merced on Federal land by a community user or governing body
of a qualified acequia or qualified land grant-merced for which the
Secretary has required such community user or governing body of a
qualified acequia or qualified land grant-merced to obtain a permit
from the Secretary.
SEC. 8. ASSISTANCE TO GOVERNING BODIES.
Not later than 60 days after a governing body requests in writing
assistance from the Secretary concerned to explain or clarify a process
of the agency relating to the agency's interaction with the governing
body, the Secretary shall provide such assistance in writing to the
governing body.
SEC. 9. SPIRITUAL AND CULTURAL SITES.
(a) Identification of Spiritual and Cultural Sites.--
(1) Identification before a management plan is adopted,
amended, or revised.--Not less than 1 year before a management
plan is adopted, or the first time a management plan is amended
or revised after the date of the enactment of this Act, for any
Federal land that contains any portion of a qualified land
grant-merced, the Secretary concerned shall, in consultation
with governing body of such qualified land grant-merced,
identify all spiritual and cultural sites located on such
Federal land.
(2) Identification before disposal.--Not less than 180 days
before any Federal land that contains any portion of a
qualified land grant-merced is disposed of pursuant to section
202 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712), the Secretary concerned shall, in consultation
with governing body of such qualified land grant-merced,
identify all spiritual and cultural sites located on such
Federal land.
(b) Notification Required.--Before disposing of Federal land that
contains any portion of a qualified land grant-merced upon which a
spiritual and cultural site is located, and before acquiring any non-
Federal land upon which a spiritual and cultural site is located, the
Secretary concerned shall notify the governing body of such qualified
land grant-merced.
(c) Revision of Guidance.--The Secretary shall revise any guidance
applicable to the disposal of such land to encourage conveyances,
leases, exchanges, modified competitive sales, or direct sales to the
governing body of such qualified land grant-merced, as appropriate and
consistent with the purposes, policies, and programs of Federal laws
and regulations applicable to these lands.
(d) Definition of Spiritual and Cultural Site.--In this section,
the term ``spiritual and cultural site'' means a cemetery, pilgrimage
site, shrine, or similar site that has a spiritual or cultural
significance for the community users of a land grant-merced, as
determined by the Secretary, of the relevant land grant-merced.
SEC. 10. PROCESS FOR RECOGNITION OF HISTORICAL-TRADITIONAL USE
BOUNDARIES OF QUALIFIED LAND GRANT-MERCEDES.
(a) Submission of Proposed Boundaries.--During the 5-year period
beginning on the date of the enactment of this Act, a governing body of
a qualified land grant-merced may submit to the Forest Supervisor or
Field Manager, as appropriate, of the Secretary concerned the governing
body's interpretation of the historical-traditional use boundaries
using geographical and historical evidence supported by maps and
documentation.
(b) Acceptable Sources of Records.--Acceptable documentation for
the purposes of subsection (a) includes records from the following
sources:
(1) The National Archives and Records Administration in
Washington, DC, Regional Archives and Presidential Libraries.
(2) Archivo General de la Nacion (Mexico City), Archivo de
la Real Audiencia de La Nueva Galicia (Guadalajara), Archivos
Generales de Indias, Simancas y de la Corona de Aragon
(Seville), Archivo General de Simancas (Valladolid), Biblioteca
Nacional (Madrid), and the national archives of other
countries.
(3) The New Mexico State Records Center and Archives,
California State Library, and archives and libraries of other
States.
(4) The Department of the Interior, the Department of
Agriculture, and other Federal agencies.
(5) The University of New Mexico, including the Center for
Southwest Research, the Zimmerman Library, the Special
Collections at the University of New Mexico Law Library, the
Spanish Colonial Research Center, the University of New Mexico
Land Grant Studies Program, Bancroft Library at the University
of California, Berkley, and other university archives and
special collections.
(6) The primary sources cited in: the Master of Laws
(L.L.M.) thesis by J.J. Bowden at Southern Methodist University
Law School entitled ``Private land Claims in The Southwest'',
the Government Accountability Office Reports GAO-01-951 and
GAO-04-59, and the Benavides and Golten Study in the Natural
Resources Journal, Vol. 48, Fall 2008.
(7) Office of the Attorney General of the State of New
Mexico, the New Mexico Land Grant Council, and other agencies
of the State.
(8) State Legislative Records.
(9) Records of courts, counties and municipalities.
(10) Records of members of Congress not included in the
National Archives.
(11) Authenticated records of land grant-mercedes, pueblos,
tribes, and private entities.
(c) Notice of Receipt of Materials.--Not later than 60 days after
receipt of a submission pursuant to subsection (a), the Forest
Supervisor, Field Manager, or other similarly situated authority, as
appropriate, of the Secretary concerned shall notify the governing body
that the submission was received.
(d) Process for Determination of Historical-Traditional Use
Boundaries.--
(1) In general.--Not later than 14 months after receipt of
a submission pursuant to subsection (a), the Forest Supervisor
or Field Manager, or other similarly situated authority, as
appropriate, of the Secretary concerned shall--
(A) approve of the historical-traditional use
boundaries as proposed by the qualified land grant-
merced governing body; or
(B) offer an alternative historical-traditional use
boundary using geographical and historical evidence
supported by maps and documentation.
(2) Alternative historical-traditional use boundary.--If an
alternative historical-traditional use boundary is offered by
the Forest Supervisor or Field Manager, or other similarly
situated authority, as appropriate, of the Secretary concerned
under paragraph (1)(B), then the governing body of the
qualified land grant-merced shall have 180 days to accept the
alternative historical-traditional use boundary.
(3) Step-by-step negotiation process to determine historic-
traditional use boundaries of a land grant-merced.--If an
alternative historical-traditional use boundary is offered by
the Forest Supervisor or Field Manager, or other similarly
situated authority, as appropriate, of the Secretary concerned
under paragraph (1)(B) and the governing body of the qualified
land grant-merced does not accept the boundary within the 180-
day period described in paragraph (2), then a negotiation
process shall take place as follows:
(A) Regional level.--The governing body of the
qualified land grant-merced and the Regional Forester
or State Director, or other similarly situated
authority, as appropriate, shall--
(i) jointly notify the relevant Forest
Supervisor or Field Manager, or other similarly
situated authority, as appropriate, of the
Secretary concerned that negotiations have been
elevated to the regional level; and
(ii) have one year from the date of the
expiration of the 180-day period described in
paragraph (2) to negotiate an agreement on the
historical-traditional use boundary.
(B) Director level.--If an agreement is not reached
under subparagraph (A), then the governing body of the
qualified land grant-merced and the Chief of the Forest
Service or the Director of the Bureau of Land
Management, or other similarly situated authority, as
appropriate, shall have one additional year to
negotiate an agreement on the historical-traditional
use boundary.
(C) Departmental level.--If an agreement is not
reached under subparagraph (B), then the governing body
of the qualified land grant-merced and the Secretary
concerned shall have one additional year to negotiate
an agreement on the historical-traditional use
boundary.
(4) Failure of negotiation process.--If the negotiation
process described in paragraph (3) does not result in an
agreement between the governing body of the qualified land
grant-merced and the Secretary concerned, or, if requested by
the governing body of the qualified land-grant merced at any
time during the negotiation process described in paragraph (3),
then the Secretary concerned shall, not later than 90 days
after the expiration of the time period described in paragraph
(3)(C), issue a final decision on the historical-traditional
use boundary of the land grant-merced.
(5) Federal court.--Any decision made under paragraph (4)
shall be appealable to Federal court, and the court shall hear
the case de novo. Both parties shall submit to the court
evidence supporting such party's interpretation of the
historical-traditional use boundaries. The court shall
determine the historic-traditional boundary of the land grant-
merced that most accurately represents the area of historical
and traditional use.
(6) Management of qualified land grant-merced.--Management
of lands located within the patent boundary of a qualified land
grant-merced shall not be affected during the negotiation
process under paragraphs (3) or (4) or the appeal process under
paragraph (5).
(e) Amendment of Management Plan To Reflect Historical-Traditional
Use Boundaries.--Not later than two years after the determination of
the historical-traditional use boundaries of a qualified land grant-
merced under this section, the Secretary concerned shall--
(1) conduct a land survey of the historical-traditional use
boundary of a land grant-merced;
(2) create a map that depicts such historical-traditional
use boundary; and
(3) amend the management plans for appropriate lands in
accordance with section 4.
(f) Treatment of Newly Reconstituted Qualified Land Grant-
Mercedes.--If a qualified land grant-merced is established after the
date of the enactment of this Act, then the 5-year period described in
subparagraph (a) shall begin on the date of such establishment.
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