II 

117TH CONGRESS 

1ST SESSION 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 historictraditional uses of land grant-mercedes, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 10, 2021 

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 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, 

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: 


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

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

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

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

5 body’’ means the board of trustees authorized under 

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

7 a qualified land grant-merced. 

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

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

10 land grant-merced, for noncommercial benefit— 

11 (A) the use of water; 

12 (B) religious or cultural use and protec13 tion; 

14 (C) gathering herbs; 

15 (D) gathering wood products; 

16 (E) gathering flora or botanical products; 

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

18 traditionally been carried out on the land, as 

19 determined by the Secretary concerned in con20 sultation with the governing body of the af21 fected land grant-merced; 

22 (G) hunting or fishing; 

23 (H) soil or rock gathering; and 

24 (I) any other traditional activity for non25 commercial benefit that— 


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1 (i) has a sustainable beneficial com2 munity use, as determined by the Sec3 retary concerned in consultation with the 

4 governing body of the affected land grant5 merced; 

6 (ii) supports the long-term cultural 

7 and socioeconomic integrity of the commu8 nity, as determined by the Secretary con9 cerned in consultation with the governing 

10 body of the affected land grant-merced; 

11 and 

12 (iii) is agreed to in writing by the Sec13 retary concerned and the governing body of 

14 the qualified land grant-merced. 

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

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

17 Indian Self-Determination and Education Assistance 

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

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

20 term ‘‘qualified land grant-merced’’ means a com21 munity land grant issued under the laws or customs 

22 of the Government of Spain or Mexico that— 

23 (A) is recognized under New Mexico Stat24 utes Chapter 49 (or a successor statute); and 


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

2 of lands under the jurisdiction of a Secretary 

3 concerned or their original or patented exterior 

4 boundaries are located adjacent to land under 

5 the jurisdiction of a Secretary concerned. 

6 (6) SECRETARY CONCERNED.—The term ‘‘Sec7 retary concerned’’ means the relevant Secretary of 

8 the Department of Agriculture or the Department of 

9 the Interior, with respect to land under the jurisdic10 tion of that Secretary. 

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

12 of New Mexico. 

13 SEC. 3. GUIDANCE ON PERMIT REQUIREMENTS FOR QUALI14 FIED LAND GRANT-MERCEDES. 

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

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

17 United States Code (commonly known as the ‘‘Administra18 tive Procedure Act’’) and all applicable environmental 

19 laws, and not later than 2 years after the date of the en20 actment of this Act, the Secretary concerned, acting 

21 through the appropriate officials of the Department of Ag22 riculture and Department of the Interior in the State, in 

23 consultation with the New Mexico Land Grant Council, 

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


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1 Indian Tribes, shall issue the written guidance described 

2 in subsection (b). 

3 (b) CONTENTS OF GUIDANCE.— 

4 (1) IN GENERAL.—Written guidance issued 

5 under subsection (a) shall include— 

6 (A) a description of the historical-tradi7 tional uses that— 

8 (i) a community user or a governing 

9 body of a qualified land grant-merced may 

10 conduct for noncommercial use on land 

11 under the jurisdiction of the Secretary con12 cerned; and 

13 (ii) require a permit from the Sec14 retary concerned; 

15 (B) administrative procedures for obtain16 ing a permit under subparagraph (A); 

17 (C) subject to subsection (c), the fees re18 quired to obtain that permit; 

19 (D) the permissible use of motorized and 

20 nonmotorized vehicles and equipment by a com21 munity user or the governing body of a quali22 fied land grant-merced for noncommercial his23 torical-traditional use on land under the juris24 diction of the Secretary concerned; 


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1 (E) the permissible use of mechanized ve2 hicles or equipment by a community user or 

3 governing body of a qualified land grant-merced 

4 for historical-traditional use on land under the 

5 jurisdiction of the Secretary concerned; and 

6 (F) the permissible use of non-native mate7 rial by a community user or the governing body 

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

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

10 under the jurisdiction of the Secretary con11 cerned. 

12 (2) ROUTINE MAINTENANCE AND MINOR IM13 PROVEMENTS.—Written guidance issued under sub14 section (a) shall address routine maintenance and 

15 minor improvements of infrastructure owned or used 

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

17 jurisdiction of the Secretary concerned, including— 

18 (A) cleaning, repair, or replacement-in19 kind of infrastructure; 

20 (B) maintenance and upkeep of a trail, 

21 road, cattle guard, culvert, or fence; 

22 (C) maintenance and upkeep of a monu23 ment or shrine; 

24 (D) maintenance and upkeep of a commu25 nity cemetery; 


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1 (E) maintenance and upkeep of a livestock 

2 well, water lines, water storage container, or 

3 water tank; and 

4 (F) any other routine maintenance or 

5 minor improvement associated with historical6 traditional uses identified by any of the entities 

7 described in subsection (a) in the process of de8 veloping the guidance. 

9 (3) MAJOR IMPROVEMENTS.—Written guidance 

10 issued under subsection (a) may describe the process 

11 for managing major improvements of infrastructure 

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

13 land under the jurisdiction of the Secretary con14 cerned, including— 

15 (A) construction or expansion of a commu16 nity water or wastewater system; 

17 (B) construction or major repair of a live18 stock well, water lines, water storage container, 

19 or water tank; 

20 (C) construction or major repair of a 

21 monument or shrine; 

22 (D) installation of a cattle guard; 

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

24 (F) construction or expansion of a ceme25 tery; and 


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1 (G) any other major improvement associ2 ated with historical-traditional uses, as deter3 mined by the Secretaries concerned. 

4 (4) NOTICE AND COMMENT.—Written guidance 

5 issued under subsection (a) shall set forth the poli6 cies and procedures for notice and comment on plan7 ning decisions, routine engagement, and major Fed8 eral actions that could impact historical-traditional 

9 uses of a qualified land grant merced, and methods 

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

11 (A) online public notice; 

12 (B) printed public notice; 

13 (C) mail, including certified mail, and 

14 email notifications to governing bodies through 

15 a listserv; and 

16 (D) mail, including certified mail, and 

17 email notifications to the Land Grant Council. 

18 (c) FEES FOR QUALIFIED LAND GRANT-MER19 CEDES.—Where the Secretary concerned is authorized to 

20 consider the fiscal capacity of the applicant in determining 

21 whether to reduce or waive a fee for a permit for histor22 ical-traditional uses, the Secretary shall consider— 

23 (1) the socioeconomic conditions of community 

24 users; and 


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1 (2) the annual operating budgets of governing 

2 bodies of qualified land grant-mercedes. 

3 SEC. 4. CONSIDERATION OF HISTORICAL-TRADITIONAL 

4 USE IN LAND MANAGEMENT PLANNING. 

5 In developing, maintaining, and revising land man6 agement plans pursuant to section 202 of the Federal 

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

8 1712) and section 6 of the National Forest Management 

9 Act (16 U.S.C. 1604), as applicable, the Secretary con10 cerned shall, in accordance with applicable law, consider 

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

12 historical-traditional uses by qualified land grants-mer13 cedes. 

14 SEC. 5. SAVINGS. 

15 Nothing in this Act shall be construed— 

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

17 water rights, in conformance with all State and Fed18 eral laws and regulations; 

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

20 the management of game and fish, in conformance 

21 with all State and Federal laws and regulations; 

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

23 permitted uses, including grazing permits; 

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

25 grazing on Federal lands; or 


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

2 an Indian Tribe or members of an Indian Tribe by 

3 treaty or Federal law. 

Æ 


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