II 

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. LUJA ́N 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘New Mexico Land 

5 Grant-Mercedes Historical or Traditional Use Cooperation 

6 and Coordination Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) COMMUNITY USER.—The term ‘‘community 

4 user’’ means an heir (as defined under the laws of 

5 the State) of a qualified land grant-merced. 

6 (2) FEDERAL LAND.— 

7 (A) IN GENERAL.—The term ‘‘Federal 

8 land’’ means any land or interest in land owned 

9 by the United States. 

10 (B) EXCLUSIONS.—The term ‘‘Federal 

11 land’’ does not include— 

12 (i) land within the boundary of an In13 dian reservation; 

14 (ii) land held in trust or in restricted 

15 status by the United States for the benefit 

16 of— 

17 (I) an Indian Tribe; or 

18 (II) an individual Indian; or 

19 (iii) land held in fee by an Indian or 

20 Indian Tribe that is subject to restrictions 

21 on alienation by the United States. 

22 (3) GOVERNING BODY.—The term ‘‘governing 

23 body’’ means the board of trustees authorized under 

24 State law with the control, care, and management of 

25 a qualified land grant-merced. 


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1 (4) HISTORICAL OR TRADITIONAL USE.—The 

2 term ‘‘historical or traditional use’’ means the fol3 lowing long-established and habitual uses conducted 

4 by a qualified land grant-merced on Federal land for 

5 noncommercial benefit and for the benefit of the 

6 qualified land grant-merced: 

7 (A) The use of water in accordance with 

8 all applicable Federal and State laws (including 

9 regulations). 

10 (B) Gathering herbs in small quantities. 

11 (C) Gathering wood products in small 

12 quantities. 

13 (D) Gathering flora or botanical products 

14 in small quantities. 

15 (E) Grazing, to the extent that grazing has 

16 traditionally been carried out on Federal land, 

17 as determined by the Secretary concerned, in 

18 coordination with the New Mexico Land Grant 

19 Council. 

20 (F) Subsistence hunting or fishing that is 

21 conducted in accordance with State law. 

22 (G) Soil or rock gathering in small quan23 tities. 

24 (H) The use and maintenance of an exist25 ing monument or shrine. 


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1 (I) The use and maintenance of an existing 

2 cemetery by a qualified land grant-merced. 

3 (J) Any other long-established and habit4 ual use conducted by a qualified land grant5 merced for noncommercial benefit that— 

6 (i) has a sustainable use by the quali7 fied land grant-merced, as determined by 

8 the Secretary concerned, in coordination 

9 with the New Mexico Land Grant Council; 

10 (ii) supports the long-term integrity of 

11 the qualified land grant-merced, as deter12 mined by the Secretary concerned, in co13 ordination with the New Mexico Land 

14 Grant Council; and 

15 (iii) is agreed to in writing by the Sec16 retary concerned and the New Mexico 

17 Land Grant Council. 

18 (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

19 means the governing body of any individually identi20 fied and federally recognized Indian or Alaska Na21 tive tribe, band, nation, pueblo, village, community, 

22 affiliated Tribal group, or component reservation in23 cluded on the most recent list published pursuant to 

24 section 104(a) of the Federally Recognized Indian 

25 Tribe List Act of 1994 (25 U.S.C. 5131(a)). 


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1 (6) MEMORANDUM OF UNDERSTANDING.—The 

2 term ‘‘memorandum of understanding’’ means a 

3 memorandum of understanding entered into or ex4 tended, renewed, or revised under section 3(a)(1). 

5 (7) NONCOMMERCIAL BENEFIT.—The term 

6 ‘‘noncommercial benefit’’ means a benefit from a 

7 use, the primary purpose of which is not the sale of 

8 a good or service. 

9 (8) QUALIFIED LAND GRANT-MERCED.—The 

10 term ‘‘qualified land grant-merced’’ means a com11 munity land grant issued under the laws or customs 

12 of the Government of Spain or Mexico that— 

13 (A) is recognized under New Mexico Stat14 utes Chapter 49, Articles 1 and 4 (or a suc15 cessor statute); and 

16 (B)(i) has a record of historical or tradi17 tional use on Federal land under the jurisdic18 tion of the Secretary concerned; or 

19 (ii) has a patented exterior boundary that 

20 is or was previously located on or adjacent to 

21 Federal land under the jurisdiction of the Sec22 retary concerned. 

23 (9) SECRETARY CONCERNED.—The term ‘‘Sec24 retary concerned’’ means the Secretary of Agri25 culture or the Secretary of the Interior, with respect 


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1 to Federal land under the jurisdiction of the Sec2 retary of Agriculture or the Secretary of the Inte3 rior, respectively. 

4 (10) STATE.—The term ‘‘State’’ means the 

5 State of New Mexico. 

6 SEC. 3. MEMORANDUM OF UNDERSTANDING ON PERMIT 

7 REQUIREMENTS AND OTHER LAND USE AU8 THORIZATIONS FOR HISTORICAL OR TRADI9 TIONAL USES OF QUALIFIED LAND GRANT10 MERCEDES; REDUCTION OR WAIVER OF CER11 TAIN FEES. 

12 (a) MEMORANDUM OF UNDERSTANDING.— 

13 (1) IN GENERAL.—The Secretary concerned, 

14 acting through the appropriate officials of the De15 partment of Agriculture and the Department of the 

16 Interior in the State, in consultation with Indian 

17 Tribes, shall— 

18 (A) not later than 2 years after the date 

19 of enactment of this Act, enter into an initial 

20 memorandum of understanding with the New 

21 Mexico Land Grant Council; and 

22 (B) subject to the requirements of this sec23 tion, on the expiration of the initial memo24 randum of understanding entered into under 

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1 randum of understanding entered into under 

2 this subparagraph— 

3 (i) enter into a successor memo4 randum of understanding with the New 

5 Mexico Land Grant Council; or 

6 (ii) extend or renew, with any revi7 sions determined to be appropriate by the 

8 Secretary concerned and the New Mexico 

9 Land Grant Council, the expired memo10 randum of understanding. 

11 (2) APPLICABLE REQUIREMENTS AND AUTHOR12 IZATIONS.— 

13 (A) IN GENERAL.—A memorandum of un14 derstanding shall— 

15 (i) provide for enhanced cooperation 

16 and coordination between the Secretary 

17 concerned and qualified land grant-mer18 cedes; 

19 (ii) provide for the Secretary con20 cerned, acting through the appropriate of21 ficials of the Department of Agriculture 

22 and the Department of the Interior, to 

23 enter into subsidiary agreements with 

24 qualified land grant-mercedes for specific 


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1 projects consistent with the memorandum 

2 of understanding; and 

3 (iii) be consistent with, and subject 

4 to— 

5 (I) applicable Federal laws (in6 cluding regulations); 

7 (II) applicable land use plans; 

8 and 

9 (III) valid existing rights. 

10 (B) PERMITS AND OTHER LAND USE AU11 THORIZATIONS.—A memorandum of under12 standing shall include— 

13 (i) a description of the types of histor14 ical or traditional uses that— 

15 (I) a community user or a gov16 erning body of a qualified land grant17 merced may conduct for noncommer18 cial benefit on Federal land under the 

19 jurisdiction of the Secretary con20 cerned; and 

21 (II) require a permit or other 

22 land use authorization from the Sec23 retary concerned; 

24 (ii) a citation to, and description of, 

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1 ing the permit or other land use authoriza2 tion under clause (i); 

3 (iii) a description of— 

4 (I) the types of fees, including 

5 cost recovery fees and land use fees, 

6 that may be associated with a permit 

7 or other land use authorization under 

8 clause (i); and 

9 (II) if applicable, the process to 

10 request a reduction or waiver of the 

11 fees described in subclause (I) under 

12 regulations promulgated by the Sec13 retary concerned; 

14 (iv) a description of the process for 

15 determining the permissible use of motor16 ized and nonmotorized vehicles and equip17 ment by a community user or the gov18 erning body of a qualified land grant19 merced for noncommercial historical or 

20 traditional use on Federal land under the 

21 jurisdiction of the Secretary concerned; 

22 (v) a description of the process for de23 termining the permissible use of mecha24 nized vehicles or equipment by a commu25 nity user or governing body of a qualified 


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1 land grant-merced for historical or tradi2 tional use on Federal land under the juris3 diction of the Secretary concerned; 

4 (vi) a description of the process for 

5 determining the permissible use of non6 native material by a community user or the 

7 governing body of a qualified land grant8 merced for any of the uses described in 

9 subparagraphs (C) and (D) on Federal 

10 land under the jurisdiction of the Secretary 

11 concerned; 

12 (vii) a description of any applicable 

13 restrictions and prohibitions on historical 

14 or traditional uses conducted by a qualified 

15 land grant-merced on Federal land under 

16 the jurisdiction of the Secretary concerned; 

17 and 

18 (viii) a description of the process, in 

19 accordance with applicable law, for con20 sulting with 1 or more Indian Tribes that 

21 would be directly affected by a proposed 

22 historical or traditional use on Federal 

23 land by a qualified land grant-merced. 

24 (C) ROUTINE MAINTENANCE AND MINOR

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1 standing shall address authorization of routine 

2 maintenance and minor improvements of infra3 structure used by a qualified land grant-merced 

4 in connection with a historical or traditional use 

5 on Federal land under the jurisdiction of the 

6 Secretary concerned, including— 

7 (i) cleaning, repair, or replacement-in8 kind of infrastructure; 

9 (ii) maintenance of a trail, road, cattle 

10 guard, culvert, or fence; 

11 (iii) maintenance of a monument or 

12 shrine; 

13 (iv) maintenance of a community cem14 etery by a qualified land grant-merced; 

15 (v) maintenance of a livestock well, 

16 water line, water storage container, or 

17 water tank; and 

18 (vi) any other routine maintenance or 

19 minor improvement associated with histor20 ical or traditional uses identified by the 

21 New Mexico Land Grant Council during 

22 the development of the memorandum of 

23 understanding. 

24 (D) MAJOR IMPROVEMENTS.—A memo25 randum of understanding may describe the 


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1 process for authorizing major improvements of 

2 infrastructure of a qualified land grant-merced 

3 in connection with a historical or traditional use 

4 on Federal land under the jurisdiction of the 

5 Secretary concerned, including— 

6 (i) construction or expansion of a 

7 community water or wastewater system of 

8 a qualified land grant-merced; 

9 (ii) construction or major repair of a 

10 livestock well, water line, water storage 

11 container, or water tank of a qualified land 

12 grant-merced; 

13 (iii) major repair of a monument or 

14 shrine of a qualified land grant-merced; 

15 (iv) installation of a cattle guard; 

16 (v) construction of a trail, road, or 

17 fence; 

18 (vi) construction or expansion of a 

19 community cemetery by a qualified land 

20 grant-merced; and 

21 (vii) any other major improvement as22 sociated with historical or traditional uses, 

23 as determined by the Secretary concerned. 

24 (E) NOTICE AND COMMENT.—A memo25 randum of understanding shall describe the 


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1 policies and procedures for notice and comment 

2 on land management planning decisions and 

3 major Federal actions that could affect histor4 ical or traditional uses of Federal land by a 

5 qualified land grant-merced, and methods of 

6 providing the notice, including notice— 

7 (i) online; 

8 (ii) in print; and 

9 (iii) by mail or email to the New Mex10 ico Land Grant Council and Indian Tribes, 

11 including through a listserv that would in12 clude qualified land grant-mercedes, the 

13 New Mexico Land Grant Council, and In14 dian Tribes. 

15 (3) DEVELOPMENT, EXECUTION, AND IMPLE16 MENTATION OF MEMORANDUM OF UNDER17 STANDING.— 

18 (A) ROLE OF THE NEW MEXICO LAND

19 GRANT COUNCIL.—The New Mexico Land 

20 Grant Council may represent qualified land 

21 grant-mercedes in developing, executing, and 

22 implementing a memorandum of understanding. 

23 (B) ROLE OF GOVERNING BODIES OF

24 QUALIFIED LAND GRANT-MERCEDES.—The Sec25 retary concerned may invite representatives of 


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1 governing bodies of qualified land grant-mer2 cedes to participate in meetings and provide 

3 input during the development of a memo4 randum of understanding. 

5 (4) LIMITATION.—A memorandum of under6 standing— 

7 (A) shall describe the process for a quali8 fied land grant-merced to obtain authorizations 

9 for historical or traditional uses through exist10 ing authorities, subject to existing Federal laws 

11 (including regulations) and applicable permit 

12 and land use authorization requirements; but 

13 (B) shall not directly approve or authorize 

14 a historical or traditional use described in sub15 paragraph (A). 

16 (b) FEES FOR QUALIFIED LAND GRANT-MER17 CEDES.—Where the Secretary concerned is authorized to 

18 reduce or waive land use fees or consider the fiscal capac19 ity of the applicant in determining whether to reduce or 

20 waive a fee for a land use permit, the Secretary shall con21 sider— 

22 (1) the socioeconomic conditions of community 

23 users of a qualified land grant-merced; and 

24 (2) the annual operating budget of the gov25 erning body of the qualified land grant-merced. 


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1 SEC. 4. CONSIDERATION AND INCLUSION OF PROVISIONS 

2 WITH RESPECT TO HISTORICAL OR TRADI3 TIONAL USES IN LAND USE PLANNING. 

4 In developing, maintaining, and revising land use 

5 plans pursuant to section 202 of the Federal Land Policy 

6 and Management Act of 1976 (43 U.S.C. 1712) and sec7 tion 6 of the National Forest Management Act (16 U.S.C. 

8 1604), as applicable, the Secretary concerned shall, in ac9 cordance with applicable law, and, as determined to be ap10 propriate by the Secretary concerned, include a section in 

11 the applicable land use plan that considers and evaluates 

12 the impact of other uses in the land use plan on historical 

13 or traditional uses by qualified land grant-mercedes. 

14 SEC. 5. EFFECT. 

15 Nothing in this Act— 

16 (1) modifies, limits, expands, or otherwise af17 fects any treaty-reserved right, or any other right of, 

18 or obligation to, any Indian Tribe, including treaties 

19 or agreements with the United States, Executive or20 ders, statutes, regulations, or case law, that is recog21 nized on or after the date of enactment of this Act 

22 by any other means; 

23 (2) affects the authority of the State to regulate 

24 water use in accordance with all Federal and State 

25 laws (including regulations); 


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1 (3) affects the authority of the State to regulate 

2 the management of game and fish, in accordance 

3 with all Federal and State laws (including regula4 tions); 

5 (4) affects any valid existing rights, or valid 

6 permitted authorized uses of, Federal land; or 

7 (5) creates any implicit or explicit right to any 

8 type of use of Federal land. 

Æ 


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