117TH CONGRESS 

2D SESSION S. 2708 

AN ACT 

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. 
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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 ‘‘Land Grant-Mercedes 

5 Traditional Use Recognition and Consultation Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

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

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

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

12 body’’ means the board of trustees authorized under 

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

14 a qualified land grant-merced. 

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

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

17 land grant-merced, for noncommercial benefit— 

18 (A) the use of water; 

19 (B) religious or cultural use and protec20 tion; 

21 (C) gathering herbs; 

22 (D) gathering wood products; 

23 (E) gathering flora or botanical products; 

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

25 traditionally been carried out on the land, as 
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1 determined by the Secretary concerned in con2 sultation with the governing body of the af3 fected land grant-merced; 

4 (G) hunting or fishing; 

5 (H) soil or rock gathering; and 

6 (I) any other traditional activity for non7 commercial benefit that— 

8 (i) has a sustainable beneficial com9 munity use, as determined by the Sec10 retary concerned in consultation with the 

11 governing body of the affected land grant12 merced; 

13 (ii) supports the long-term cultural 

14 and socioeconomic integrity of the commu15 nity, as determined by the Secretary con16 cerned in consultation with the governing 

17 body of the affected land grant-merced; 

18 and 

19 (iii) is agreed to in writing by the Sec20 retary concerned and the governing body of 

21 the qualified land grant-merced. 

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

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

24 Indian Self-Determination and Education Assistance 

25 Act (25 U.S.C. 5304). 
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1 (5) QUALIFIED LAND GRANT-MERCED.—The 

2 term ‘‘qualified land grant-merced’’ means a com3 munity land grant issued under the laws or customs 

4 of the Government of Spain or Mexico that— 

5 (A) is recognized under New Mexico Stat6 utes Chapter 49 (or a successor statute); and 

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

8 of lands under the jurisdiction of a Secretary 

9 concerned or their original or patented exterior 

10 boundaries are located adjacent to land under 

11 the jurisdiction of a Secretary concerned. 

12 (6) SECRETARY CONCERNED.—The term ‘‘Sec13 retary concerned’’ means the relevant Secretary of 

14 the Department of Agriculture or the Department of 

15 the Interior, with respect to land under the jurisdic16 tion of that Secretary. 

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

18 of New Mexico. 

19 SEC. 3. GUIDANCE ON PERMIT REQUIREMENTS FOR QUALI20 FIED LAND GRANT-MERCEDES. 

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

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

23 United States Code (commonly known as the ‘‘Administra24 tive Procedure Act’’) and all applicable environmental 

25 laws, and not later than 2 years after the date of the en-
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1 actment of this Act, the Secretary concerned, acting 

2 through the appropriate officials of the Department of Ag3 riculture and Department of the Interior in the State, in 

4 consultation with the New Mexico Land Grant Council, 

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

6 Indian Tribes, shall issue the written guidance described 

7 in subsection (b). 

8 (b) CONTENTS OF GUIDANCE.— 

9 (1) IN GENERAL.—Written guidance issued 

10 under subsection (a) shall include— 

11 (A) a description of the historical-tradi12 tional uses that— 

13 (i) a community user or a governing 

14 body of a qualified land grant-merced may 

15 conduct for noncommercial use on land 

16 under the jurisdiction of the Secretary con17 cerned; and 

18 (ii) require a permit from the Sec19 retary concerned; 

20 (B) administrative procedures for obtain21 ing a permit under subparagraph (A); 

22 (C) subject to subsection (c), the fees re23 quired to obtain that permit; 

24 (D) the permissible use of motorized and 

25 nonmotorized vehicles and equipment by a com-
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1 munity user or the governing body of a quali2 fied land grant-merced for noncommercial his3 torical-traditional use on land under the juris4 diction of the Secretary concerned; 

5 (E) the permissible use of mechanized ve6 hicles or equipment by a community user or 

7 governing body of a qualified land grant-merced 

8 for historical-traditional use on land under the 

9 jurisdiction of the Secretary concerned; and 

10 (F) the permissible use of non-native mate11 rial by a community user or the governing body 

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

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

14 under the jurisdiction of the Secretary con15 cerned. 

16 (2) ROUTINE MAINTENANCE AND MINOR IM17 PROVEMENTS.—Written guidance issued under sub18 section (a) shall address routine maintenance and 

19 minor improvements of infrastructure owned or used 

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

21 jurisdiction of the Secretary concerned, including— 

22 (A) cleaning, repair, or replacement-in23 kind of infrastructure; 

24 (B) maintenance and upkeep of a trail, 

25 road, cattle guard, culvert, or fence; 
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1 (C) maintenance and upkeep of a monu2 ment or shrine; 

3 (D) maintenance and upkeep of a commu4 nity cemetery; 

5 (E) maintenance and upkeep of a livestock 

6 well, water lines, water storage container, or 

7 water tank; and 

8 (F) any other routine maintenance or 

9 minor improvement associated with historical10 traditional uses identified by any of the entities 

11 described in subsection (a) in the process of de12 veloping the guidance. 

13 (3) MAJOR IMPROVEMENTS.—Written guidance 

14 issued under subsection (a) may describe the process 

15 for managing major improvements of infrastructure 

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

17 land under the jurisdiction of the Secretary con18 cerned, including— 

19 (A) construction or expansion of a commu20 nity water or wastewater system; 

21 (B) construction or major repair of a live22 stock well, water lines, water storage container, 

23 or water tank; 

24 (C) construction or major repair of a 

25 monument or shrine; 
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1 (D) installation of a cattle guard; 

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

3 (F) construction or expansion of a ceme4 tery; and 

5 (G) any other major improvement associ6 ated with historical-traditional uses, as deter7 mined by the Secretaries concerned. 

8 (4) NOTICE AND COMMENT.—Written guidance 

9 issued under subsection (a) shall set forth the poli10 cies and procedures for notice and comment on plan11 ning decisions, routine engagement, and major Fed12 eral actions that could impact historical-traditional 

13 uses of a qualified land grant merced, and methods 

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

15 (A) online public notice; 

16 (B) printed public notice; 

17 (C) mail, including certified mail, and 

18 email notifications to governing bodies through 

19 a listserv; and 

20 (D) mail, including certified mail, and 

21 email notifications to the Land Grant Council. 

22 (c) FEES FOR QUALIFIED LAND GRANT-MER23 CEDES.—Where the Secretary concerned is authorized to 

24 consider the fiscal capacity of the applicant in determining 
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1 whether to reduce or waive a fee for a permit for histor2 ical-traditional uses, the Secretary shall consider— 

3 (1) the socioeconomic conditions of community 

4 users; and 

5 (2) the annual operating budgets of governing 

6 bodies of qualified land grant-mercedes. 

7 SEC. 4. CONSIDERATION OF HISTORICAL-TRADITIONAL 

8 USE IN LAND MANAGEMENT PLANNING. 

9 In developing, maintaining, and revising land man10 agement plans pursuant to section 202 of the Federal 

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

12 1712) and section 6 of the National Forest Management 

13 Act (16 U.S.C. 1604), as applicable, the Secretary con14 cerned shall, in accordance with applicable law, consider 

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

16 historical-traditional uses by qualified land grants-mer17 cedes. 

18 SEC. 5. SAVINGS. 

19 Nothing in this Act shall be construed— 

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

21 water rights, in conformance with all State and Fed22 eral laws and regulations; 

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

24 the management of game and fish, in conformance 

25 with all State and Federal laws and regulations; 
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1 (3) to impact any valid existing rights or valid 

2 permitted uses, including grazing permits; 

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

4 grazing on Federal lands; or 

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

6 an Indian Tribe or members of an Indian Tribe by 

7 treaty or Federal law. 

Passed the Senate December 22, 2022. 

Attest: 

Secretary. 

117TH CONGRESS 

2D SESSION S. 2708 

AN ACT 

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