[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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