II 

Calendar No. 619 

117TH CONGRESS 

2D SESSION S. 2708 

[Report No. 117–242] 

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 historictraditional uses of land grant-mercedes, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 10, 2021 

Mr. LUJA ́N (for himself and Mr. HEINRICH) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

DECEMBER 12, 2022 

Reported by Mr. MANCHIN, without amendment 

A BILL 

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Land Grant-Mercedes 

3 Traditional Use Recognition and Consultation Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

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

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

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

9 (2) GOVERNING BODY.—The term ‘‘governing 

10 body’’ means the board of trustees authorized under 

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

12 a qualified land grant-merced. 

13 (3) HISTORICAL-TRADITIONAL USE.—The term 

14 ‘‘historical-traditional use’’ means, for a qualified 

15 land grant-merced, for noncommercial benefit— 

16 (A) the use of water; 

17 (B) religious or cultural use and protec18 tion; 

19 (C) gathering herbs; 

20 (D) gathering wood products; 

21 (E) gathering flora or botanical products; 

22 (F) grazing, to the extent that grazing has 

23 traditionally been carried out on the land, as 

24 determined by the Secretary concerned in con25 sultation with the governing body of the af26 fected land grant-merced; 


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1 (G) hunting or fishing; 

2 (H) soil or rock gathering; and 

3 (I) any other traditional activity for non4 commercial benefit that— 

5 (i) has a sustainable beneficial com6 munity use, as determined by the Sec7 retary concerned in consultation with the 

8 governing body of the affected land grant9 merced; 

10 (ii) supports the long-term cultural 

11 and socioeconomic integrity of the commu12 nity, as determined by the Secretary con13 cerned in consultation with the governing 

14 body of the affected land grant-merced; 

15 and 

16 (iii) is agreed to in writing by the Sec17 retary concerned and the governing body of 

18 the qualified land grant-merced. 

19 (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

20 has the meaning given the term in section 4 of the 

21 Indian Self-Determination and Education Assistance 

22 Act (25 U.S.C. 5304). 

23 (5) QUALIFIED LAND GRANT-MERCED.—The 

24 term ‘‘qualified land grant-merced’’ means a comVerDate Sep 11 2014 22:53 Dec 12, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2708.RS S2708

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1 munity land grant issued under the laws or customs 

2 of the Government of Spain or Mexico that— 

3 (A) is recognized under New Mexico Stat4 utes Chapter 49 (or a successor statute); and 

5 (B) has a historic or cultural record of use 

6 of lands under the jurisdiction of a Secretary 

7 concerned or their original or patented exterior 

8 boundaries are located adjacent to land under 

9 the jurisdiction of a Secretary concerned. 

10 (6) SECRETARY CONCERNED.—The term ‘‘Sec11 retary concerned’’ means the relevant Secretary of 

12 the Department of Agriculture or the Department of 

13 the Interior, with respect to land under the jurisdic14 tion of that Secretary. 

15 (7) STATE.—The term ‘‘State’’ means the State 

16 of New Mexico. 

17 SEC. 3. GUIDANCE ON PERMIT REQUIREMENTS FOR QUALI18 FIED LAND GRANT-MERCEDES. 

19 (a) IN GENERAL.—In accordance with all relevant 

20 laws, including subchapter II of chapter 5 of title 5, 

21 United States Code (commonly known as the ‘‘Administra22 tive Procedure Act’’) and all applicable environmental 

23 laws, and not later than 2 years after the date of the en24 actment of this Act, the Secretary concerned, acting 

25 through the appropriate officials of the Department of AgVerDate Sep 11 2014 22:53 Dec 12, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2708.RS S2708

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1 riculture and Department of the Interior in the State, in 

2 consultation with the New Mexico Land Grant Council, 

3 the governing bodies of qualified land grant-mercedes, and 

4 Indian Tribes, shall issue the written guidance described 

5 in subsection (b). 

6 (b) CONTENTS OF GUIDANCE.— 

7 (1) IN GENERAL.—Written guidance issued 

8 under subsection (a) shall include— 

9 (A) a description of the historical-tradi10 tional uses that— 

11 (i) a community user or a governing 

12 body of a qualified land grant-merced may 

13 conduct for noncommercial use on land 

14 under the jurisdiction of the Secretary con15 cerned; and 

16 (ii) require a permit from the Sec17 retary concerned; 

18 (B) administrative procedures for obtain19 ing a permit under subparagraph (A); 

20 (C) subject to subsection (c), the fees re21 quired to obtain that permit; 

22 (D) the permissible use of motorized and 

23 nonmotorized vehicles and equipment by a com24 munity user or the governing body of a quali25 fied land grant-merced for noncommercial hisVerDate Sep 11 2014 22:53 Dec 12, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2708.RS S2708

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1 torical-traditional use on land under the juris2 diction of the Secretary concerned; 

3 (E) the permissible use of mechanized ve4 hicles or equipment by a community user or 

5 governing body of a qualified land grant-merced 

6 for historical-traditional use on land under the 

7 jurisdiction of the Secretary concerned; and 

8 (F) the permissible use of non-native mate9 rial by a community user or the governing body 

10 of a qualified land grant-merced for any of the 

11 uses covered in paragraphs (2) and (3) on land 

12 under the jurisdiction of the Secretary con13 cerned. 

14 (2) ROUTINE MAINTENANCE AND MINOR IM15 PROVEMENTS.—Written guidance issued under sub16 section (a) shall address routine maintenance and 

17 minor improvements of infrastructure owned or used 

18 by a qualified land grant-merced on land under the 

19 jurisdiction of the Secretary concerned, including— 

20 (A) cleaning, repair, or replacement-in21 kind of infrastructure; 

22 (B) maintenance and upkeep of a trail, 

23 road, cattle guard, culvert, or fence; 

24 (C) maintenance and upkeep of a monu25 ment or shrine; 


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1 (D) maintenance and upkeep of a commu2 nity cemetery; 

3 (E) maintenance and upkeep of a livestock 

4 well, water lines, water storage container, or 

5 water tank; and 

6 (F) any other routine maintenance or 

7 minor improvement associated with historical8 traditional uses identified by any of the entities 

9 described in subsection (a) in the process of de10 veloping the guidance. 

11 (3) MAJOR IMPROVEMENTS.—Written guidance 

12 issued under subsection (a) may describe the process 

13 for managing major improvements of infrastructure 

14 owned or used by a qualified land grant-merced on 

15 land under the jurisdiction of the Secretary con16 cerned, including— 

17 (A) construction or expansion of a commu18 nity water or wastewater system; 

19 (B) construction or major repair of a live20 stock well, water lines, water storage container, 

21 or water tank; 

22 (C) construction or major repair of a 

23 monument or shrine; 

24 (D) installation of a cattle guard; 

25 (E) construction of a trail, road, or fence; 


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1 (F) construction or expansion of a ceme2 tery; and 

3 (G) any other major improvement associ4 ated with historical-traditional uses, as deter5 mined by the Secretaries concerned. 

6 (4) NOTICE AND COMMENT.—Written guidance 

7 issued under subsection (a) shall set forth the poli8 cies and procedures for notice and comment on plan9 ning decisions, routine engagement, and major Fed10 eral actions that could impact historical-traditional 

11 uses of a qualified land grant merced, and methods 

12 of providing notice under subsection (a), including— 

13 (A) online public notice; 

14 (B) printed public notice; 

15 (C) mail, including certified mail, and 

16 email notifications to governing bodies through 

17 a listserv; and 

18 (D) mail, including certified mail, and 

19 email notifications to the Land Grant Council. 

20 (c) FEES FOR QUALIFIED LAND GRANT-MER21 CEDES.—Where the Secretary concerned is authorized to 

22 consider the fiscal capacity of the applicant in determining 

23 whether to reduce or waive a fee for a permit for histor24 ical-traditional uses, the Secretary shall consider— 


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1 (1) the socioeconomic conditions of community 

2 users; and 

3 (2) the annual operating budgets of governing 

4 bodies of qualified land grant-mercedes. 

5 SEC. 4. CONSIDERATION OF HISTORICAL-TRADITIONAL 

6 USE IN LAND MANAGEMENT PLANNING. 

7 In developing, maintaining, and revising land man8 agement plans pursuant to section 202 of the Federal 

9 Land Policy and Management Act of 1976 (43 U.S.C. 

10 1712) and section 6 of the National Forest Management 

11 Act (16 U.S.C. 1604), as applicable, the Secretary con12 cerned shall, in accordance with applicable law, consider 

13 and, as appropriate, provide for and evaluate impacts to 

14 historical-traditional uses by qualified land grants-mer15 cedes. 

16 SEC. 5. SAVINGS. 

17 Nothing in this Act shall be construed— 

18 (1) to impact the State’s authority to regulate 

19 water rights, in conformance with all State and Fed20 eral laws and regulations; 

21 (2) to impact the State’s authority to regulate 

22 the management of game and fish, in conformance 

23 with all State and Federal laws and regulations; 

24 (3) to impact any valid existing rights or valid 

25 permitted uses, including grazing permits; 


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1 (4) to create any implicit or explicit right to 

2 grazing on Federal lands; or 

3 (5) to alter or diminish any rights reserved for 

4 an Indian Tribe or members of an Indian Tribe by 

5 treaty or Federal law. 


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Calendar No. 619 

117TH CONGRESS 

2D SESSION S. 2708 

[Report No. 117–242] 

A BILL 

To provide for greater consultation between the 

mercedes, and for other purposes. tion of the historic-traditional uses of land grantNew Mexico, to provide for a process for recogniand community users of land grant-mercedes in Federal Government and the governing bodies 

DECEMBER 12, 2022 

Reported without amendment 


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