[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4271 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4271

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

                              May 7, 2024

   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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