[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3682 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 3682

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 10, 2019

  Mr. Lujan 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 for qualified land grant-
                            mercedes.
Sec. 6. Special use permits not required for routine maintenance and 
                            minor improvements of acequias.
Sec. 7. Notification to permit applicants; compliance with NEPA.
Sec. 8. Assistance to governing bodies.
Sec. 9. Spiritual and cultural sites.
Sec. 10. 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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