[Congressional Record Volume 168, Number 200 (Thursday, December 22, 2022)]
[Senate]
[Pages S10103-S10104]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  LAND GRANT-MERCEDES TRADITIONAL USE RECOGNITION AND CONSULTATION ACT

  Mr. SCHUMER. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 619, S. 2708.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 2708) to provide for greater consultation 
     between the Federal Government and the governing bodies and 
     community users of land grant-mercedes in New Mexico, to 
     provide for a process for recognition of the historic-
     traditional uses of land grant-mercedes, and for other 
     purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Energy and Natural 
Resources.
  Mr. SCHUMER. I ask unanimous consent that the bill be considered read 
a third time and passed, and that the motion to reconsider be 
considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 2708) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                S. 2708

       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 ``Land Grant-Mercedes 
     Traditional Use Recognition and Consultation 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) 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.
       (3) Historical-traditional use.--The term ``historical-
     traditional use'' means, for a qualified land grant-merced, 
     for noncommercial benefit--
       (A) the use of water;
       (B) religious or cultural use and protection;
       (C) gathering herbs;
       (D) gathering wood products;
       (E) gathering flora or botanical products;
       (F) grazing, to the extent that grazing has traditionally 
     been carried out on the land, as determined by the Secretary 
     concerned in consultation with the governing body of the 
     affected land grant-merced;
       (G) hunting or fishing;
       (H) soil or rock gathering; and
       (I) any other traditional activity for noncommercial 
     benefit that--
       (i) has a sustainable beneficial community use, as 
     determined by the Secretary concerned in consultation with 
     the governing body of the affected land grant-merced;
       (ii) supports the long-term cultural and socioeconomic 
     integrity of the community, as determined by the Secretary 
     concerned in consultation with the governing body of the 
     affected land grant-merced; and
       (iii) is agreed to in writing by the Secretary concerned 
     and the governing body of the qualified land grant-merced.
       (4) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (5) 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 (or 
     a successor statute); and
       (B) has a historic or cultural record of use of lands under 
     the jurisdiction of a Secretary concerned or their original 
     or patented exterior boundaries are located adjacent to land 
     under the jurisdiction of a Secretary concerned.
       (6) Secretary concerned.--The term ``Secretary concerned'' 
     means the relevant Secretary of the Department of Agriculture 
     or the Department of the Interior, with respect to land under 
     the jurisdiction of that Secretary.
       (7) State.--The term ``State'' means the State of New 
     Mexico.

     SEC. 3. GUIDANCE ON PERMIT REQUIREMENTS FOR QUALIFIED LAND 
                   GRANT-MERCEDES.

       (a) In General.--In accordance with all relevant laws, 
     including subchapter II of chapter 5 of title 5, United 
     States Code (commonly known as the ``Administrative Procedure 
     Act'') and all applicable environmental laws, and not later 
     than 2 years after the date of the enactment of this Act, the 
     Secretary concerned, acting through the appropriate officials 
     of the Department of Agriculture and Department of the 
     Interior in the State, in consultation with the New Mexico 
     Land Grant Council, the governing bodies of qualified land 
     grant-mercedes, and Indian Tribes, shall issue the written 
     guidance described in subsection (b).
       (b) Contents of Guidance.--
       (1) In general.--Written guidance issued under subsection 
     (a) shall include--
       (A) a description of the historical-traditional uses that--
       (i) a community user or a governing body of a qualified 
     land grant-merced may conduct for noncommercial use on land 
     under the jurisdiction of the Secretary concerned; and

[[Page S10104]]

       (ii) require a permit from the Secretary concerned;
       (B) administrative procedures for obtaining a permit under 
     subparagraph (A);
       (C) subject to subsection (c), the fees required to obtain 
     that permit;
       (D) 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-traditional use on land under the jurisdiction of 
     the Secretary concerned;
       (E) the permissible use of mechanized vehicles or equipment 
     by a community user or governing body of a qualified land 
     grant-merced for historical-traditional use on land under the 
     jurisdiction of the Secretary concerned; and
       (F) the permissible use of non-native material by a 
     community user or the governing body of a qualified land 
     grant-merced for any of the uses covered in paragraphs (2) 
     and (3) on land under the jurisdiction of the Secretary 
     concerned.
       (2) Routine maintenance and minor improvements.--Written 
     guidance issued under subsection (a) shall address routine 
     maintenance and minor improvements of infrastructure owned or 
     used by a qualified land grant-merced on land under the 
     jurisdiction of the Secretary concerned, including--
       (A) cleaning, repair, or replacement-in-kind of 
     infrastructure;
       (B) maintenance and upkeep of a trail, road, cattle guard, 
     culvert, 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, water 
     lines, water storage container, or water tank; and
       (F) any other routine maintenance or minor improvement 
     associated with historical-traditional uses identified by any 
     of the entities described in subsection (a) in the process of 
     developing the guidance.
       (3) Major improvements.--Written guidance issued under 
     subsection (a) may describe the process for managing major 
     improvements of infrastructure owned or used by a qualified 
     land grant-merced on land under the jurisdiction of the 
     Secretary concerned, including--
       (A) construction or expansion of a community water or 
     wastewater system;
       (B) construction or major repair of a livestock well, water 
     lines, water storage container, 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;
       (F) construction or expansion of a cemetery; and
       (G) any other major improvement associated with historical-
     traditional uses, as determined by the Secretaries concerned.
       (4) Notice and comment.--Written guidance issued under 
     subsection (a) shall set forth the policies and procedures 
     for notice and comment on planning decisions, routine 
     engagement, and major Federal actions that could impact 
     historical-traditional uses of a qualified land grant merced, 
     and methods of providing notice under subsection (a), 
     including--
       (A) online public notice;
       (B) printed public notice;
       (C) mail, including certified mail, and email notifications 
     to governing bodies through a listserv; and
       (D) mail, including certified mail, and email notifications 
     to the Land Grant Council.
       (c) Fees for Qualified Land Grant-Mercedes.--Where the 
     Secretary concerned is authorized to consider the fiscal 
     capacity of the applicant in determining whether to reduce or 
     waive a fee for a permit for historical-traditional uses, the 
     Secretary shall consider--
       (1) the socioeconomic conditions of community users; and
       (2) the annual operating budgets of governing bodies of 
     qualified land grant-mercedes.

     SEC. 4. CONSIDERATION OF HISTORICAL-TRADITIONAL USE IN LAND 
                   MANAGEMENT PLANNING.

       In developing, maintaining, and revising land management 
     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, consider and, as appropriate, provide for and 
     evaluate impacts to historical-traditional uses by qualified 
     land grants-mercedes.

     SEC. 5. SAVINGS.

       Nothing in this Act shall be construed--
       (1) to impact the State's authority to regulate water 
     rights, in conformance with all State and Federal laws and 
     regulations;
       (2) to impact the State's authority to regulate the 
     management of game and fish, in conformance with all State 
     and Federal laws and regulations;
       (3) to impact any valid existing rights or valid permitted 
     uses, including grazing permits;
       (4) to create any implicit or explicit right to grazing on 
     Federal lands; or
       (5) to alter or diminish any rights reserved for an Indian 
     Tribe or members of an Indian Tribe by treaty or Federal law.

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