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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3682 Referred in Senate (RFS)]

<DOC>
116th CONGRESS
  2d Session
                                H. R. 3682

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2020

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 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.

    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) Acequia.--The term ``acequia'' has the meaning of the 
        term ``community ditch'' as that term is construed under New 
        Mexico Stat. 73-2-27.
            (2) Community user.--The term ``community user'' means an 
        heir (as defined under the laws of the State) of a qualified 
        land grant-merced.
            (3) 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.
            (4) 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.
            (5) 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).
            (6) 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.
            (7) 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.
            (8) 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
                            (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. SPECIAL USE PERMITS FOR ROUTINE MAINTENANCE AND MINOR 
              IMPROVEMENTS OF ACEQUIAS.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary Agriculture shall initiate 
procedures under subchapter III of chapter 5 of title 5, United States 
Code, to promulgate such regulations as are necessary to carry out and 
implement the Forest Service's Acequia Guidance Document, dated July 2, 
2019.
    (b) Publication of Proposed Regulations.--The Secretary shall cause 
to be published in the Federal Register proposed regulations to 
implement this section not later than 21 months after the date of the 
enactment of this Act.
    (c) Expiration of Authority.--The authority to promulgate 
regulations under subsection (a) shall expire 30 months after the date 
of the enactment of this Act.
    (d) Extension of Deadlines.--The Secretary may extend, for not more 
than 180 days, a deadline under subsection (b) or (c) if--
            (1) the negotiated rulemaking committee referred to in 
        subsection (e) concludes that the committee cannot meet the 
        deadline; and
            (2) the Secretary so notifies the appropriate committees of 
        Congress.
    (e) Committee.--
            (1) Establishment.--The Secretary shall ensure that a 
        negotiated rulemaking committee is established under section 
        565 of title 5, United States Code, to carry out this section.
            (2) Members.--The members of the committee shall be--
                    (A) the relevant Regional Forester (or a designee 
                of the relevant Regional Forester); and
                    (B) the selected representative of a 
                nongovernmental organization identified by the 
                Secretary of Agriculture as having a statewide acequia 
                membership, nominated by such organization to the 
                Secretary of Agriculture.
            (3) Requirements.--The committee shall confer with, and 
        accommodate participation by--
                    (A) representatives of any agency or commission of 
                the State government established or designated by the 
                State to advise public officials on proposed 
                legislation affecting acequias; and
                    (B) State acequia elected officials.
    (f) Effect.--The lack of promulgated regulations shall not limit 
the effect of the Forest Service's Acequia Guidance Document, dated 
July 2, 2019.

SEC. 6. 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.

SEC. 7. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            Passed the House of Representatives December 3, 2020.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
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