IB 

Union Calendar No. 495 

116TH CONGRESS 

2D SESSION H. R. 3682 

[Report No. 116–602] 

To provide for greater consultation between the Federal Government and 

the governing bodies of land grant-mercedes and acequias in New Mexico 

and to provide for a process for recognition of the historic-traditional 

boundaries of land grant-mercedes, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 10, 2019 

Mr. LUJA ́N introduced the following bill; which was referred to the Committee 

on Natural Resources 

NOVEMBER 19, 2020 

Additional sponsor: Ms. HAALAND

NOVEMBER 19, 2020 

Reported with amendments; committed to the Committee of the Whole House 

on the State of the Union and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on July 10, 2019] 


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A BILL 

To provide for greater consultation between the Federal Government and the governing bodies of land grant-mercedes 

and acequias in New Mexico and to provide for a process 

for recognition of the historic-traditional boundaries 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) ACEQUIA.—The term ‘‘acequia’’ has the 

9 meaning of the term ‘‘community ditch’’ as that term 

10 is construed under New Mexico Stat. 73–2–27. 

11 (2) COMMUNITY USER.—The term ‘‘community 

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

13 State) of a qualified land grant-merced. 

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

15 body’’ means the board of trustees authorized under 

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

17 a qualified land grant-merced. 

18 (4) HISTORICAL-TRADITIONAL USE.—The term 

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

20 land grant-merced, for noncommercial benefit— 

21 (A) the use of water; 

22 (B) religious or cultural use and protection; 

23 (C) gathering herbs; 

24 (D) gathering wood products; 

25 (E) gathering flora or botanical products; 


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

2 traditionally been carried out on the land, as de3 termined by the Secretary concerned in consulta4 tion with the governing body of the affected land 

5 grant-merced; 

6 (G) hunting or fishing; 

7 (H) soil or rock gathering; and 

8 (I) any other traditional activity for non9 commercial benefit that— 

10 (i) has a sustainable beneficial commu11 nity use, as determined by the Secretary 

12 concerned in consultation with the gov13 erning body of the affected land grant14 merced; 

15 (ii) supports the long-term cultural 

16 and socioeconomic integrity of the commu17 nity, as determined by the Secretary con18 cerned in consultation with the governing 

19 body of the affected land grant-merced; and 

20 (iii) is agreed to in writing by the Sec21 retary concerned and the governing body of 

22 the qualified land grant-merced. 

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

24 has the meaning given the term in section 4 of the InVerDate Sep 11 2014 20:57 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H3682.RH H3682

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1 dian Self-Determination and Education Assistance 

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

3 (6) QUALIFIED LAND GRANT-MERCED.—The term 

4 ‘‘qualified land grant-merced’’ means a community 

5 land grant issued under the laws or customs of the 

6 Government of Spain or Mexico that— 

7 (A) is recognized under New Mexico Stat8 utes Chapter 49 (or a successor statute); and 

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

10 of lands under the jurisdiction of a Secretary 

11 concerned or their original or patented exterior 

12 boundaries are located adjacent to land under 

13 the jurisdiction of a Secretary concerned. 

14 (7) SECRETARY CONCERNED.—The term ‘‘Sec15 retary concerned’’ means the relevant Secretary of the 

16 Department of Agriculture or the Department of the 

17 Interior, with respect to land under the jurisdiction 

18 of that Secretary. 

19 (8) STATE.—The term ‘‘State’’ means the State 

20 of New Mexico. 

21 SEC. 3. GUIDANCE ON PERMIT REQUIREMENTS FOR QUALI22 FIED LAND GRANT-MERCEDES. 

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

24 laws, including subchapter II of chapter 5 of title 5, United 

25 States Code (commonly known as the ‘‘Administrative ProVerDate Sep 11 2014 20:57 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H3682.RH H3682

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1 cedure Act’’) and all applicable environmental laws, and 

2 not later than 2 years after the date of the enactment of 

3 this Act, the Secretary concerned, acting through the appro4 priate officials of the Department of Agriculture and De5 partment of the Interior in the State, in consultation with 

6 the New Mexico Land Grant Council, the governing bodies 

7 of qualified land grant-mercedes, and Indian Tribes, shall 

8 issue the written guidance described in subsection (b). 

9 (b) CONTENTS OF GUIDANCE.— 

10 (1) IN GENERAL.—Written guidance issued 

11 under subsection (a) shall include— 

12 (A) a description of the historical-tradi13 tional uses that— 

14 (i) a community user or a governing 

15 body of a qualified land grant-merced may 

16 conduct for noncommercial use on land 

17 under the jurisdiction of the Secretary con18 cerned; and 

19 (ii) require a permit from the Sec20 retary concerned; 

21 (B) administrative procedures for obtaining 

22 a permit under subparagraph (A); 

23 (C) subject to subsection (c), the fees re24 quired to obtain that permit; 


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1 (D) the permissible use of motorized and 

2 nonmotorized vehicles and equipment by a com3 munity user or the governing body of a qualified 

4 land grant-merced for noncommercial historical5 traditional use on land under the jurisdiction of 

6 the Secretary concerned; 

7 (E) the permissible use of mechanized vehi8 cles or equipment by a community user or gov9 erning body of a qualified land grant-merced for 

10 historical-traditional use on land under the ju11 risdiction of the Secretary concerned; and 

12 (F) the permissible use of non-native mate13 rial by a community user or the governing body 

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

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

16 under the jurisdiction of the Secretary concerned. 

17 (2) ROUTINE MAINTENANCE AND MINOR IM18 PROVEMENTS.—Written guidance issued under sub19 section (a) shall address routine maintenance and 

20 minor improvements of infrastructure owned or used 

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

22 jurisdiction of the Secretary concerned, including— 

23 (A) cleaning, repair, or replacement-in-kind 

24 of infrastructure; 


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1 (B) maintenance and upkeep of a trail, 

2 road, cattle guard, culvert, or fence; 

3 (C) maintenance and upkeep of a monu4 ment or shrine; 

5 (D) maintenance and upkeep of a commu6 nity cemetery; 

7 (E) maintenance and upkeep of a livestock 

8 well, water lines, water storage container, or 

9 water tank; and 

10 (F) any other routine maintenance or 

11 minor improvement associated with historical12 traditional uses identified by any of the entities 

13 described in subsection (a) in the process of de14 veloping the guidance. 

15 (3) MAJOR IMPROVEMENTS.—Written guidance 

16 issued under subsection (a) may describe the process 

17 for managing major improvements of infrastructure 

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

19 land under the jurisdiction of the Secretary con20 cerned, including— 

21 (A) construction or expansion of a commu22 nity water or wastewater system; 

23 (B) construction or major repair of a live24 stock well, water lines, water storage container, 

25 or water tank; 


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1 (C) construction or major repair of a monu2 ment or shrine; 

3 (D) installation of a cattle guard; 

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

5 (F) construction or expansion of a cemetery; 

6 and 

7 (G) any other major improvement associ8 ated with historical-traditional uses, as deter9 mined by the Secretaries concerned. 

10 (4) NOTICE AND COMMENT.—Written guidance 

11 issued under subsection (a) shall set forth the policies 

12 and procedures for notice and comment on planning 

13 decisions, routine engagement, and major Federal ac14 tions that could impact historical-traditional uses of 

15 a qualified land grant merced, and methods of pro16 viding notice under subsection (a), including— 

17 (A) online public notice; 

18 (B) printed public notice; 

19 (C) mail, including certified mail, and 

20 email notifications to governing bodies through a 

21 listserv; and 

22 (D) mail, including certified mail, and 

23 email notifications to the Land Grant Council. 

24 (c) FEES FOR QUALIFIED LAND GRANT-MERCEDES.— 

25 Where the Secretary concerned is authorized to consider the 


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1 fiscal capacity of the applicant in determining whether to 

2 reduce or waive a fee for a permit for historical-traditional 

3 uses, the Secretary shall consider— 

4 (1) the socioeconomic conditions of community 

5 users; and 

6 (2) the annual operating budgets of governing 

7 bodies of qualified land grant-mercedes. 

8 SEC. 4. CONSIDERATION OF HISTORICAL-TRADITIONAL USE 

9 IN LAND MANAGEMENT PLANNING. 

10 In developing, maintaining, and revising land man11 agement plans pursuant to section 202 of the Federal Land 

12 Policy and Management Act of 1976 (43 U.S.C. 1712) and 

13 section 6 of the National Forest Management Act (16 U.S.C. 

14 1604), as applicable, the Secretary concerned shall, in ac15 cordance with applicable law, consider and, as appropriate, 

16 provide for and evaluate impacts to historical-traditional 

17 uses by qualified land grants-mercedes. 

18 SEC. 5. SPECIAL USE PERMITS FOR ROUTINE MAINTE19 NANCE AND MINOR IMPROVEMENTS OF 

20 ACEQUIAS. 

21 (a) IN GENERAL.—Not later than 90 days after the 

22 date of the enactment of this Act, the Secretary Agriculture 

23 shall initiate procedures under subchapter III of chapter 

24 5 of title 5, United States Code, to promulgate such regula25 tions as are necessary to carry out and implement the ForVerDate Sep 11 2014 20:57 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H3682.RH H3682

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1 est Service’s Acequia Guidance Document, dated July 2, 

2 2019. 

3 (b) PUBLICATION OF PROPOSED REGULATIONS.—The 

4 Secretary shall cause to be published in the Federal Register 

5 proposed regulations to implement this section not later 

6 than 21 months after the date of the enactment of this Act. 

7 (c) EXPIRATION OF AUTHORITY.—The authority to 

8 promulgate regulations under subsection (a) shall expire 30 

9 months after the date of the enactment of this Act. 

10 (d) EXTENSION OF DEADLINES.—The Secretary may 

11 extend, for not more than 180 days, a deadline under sub12 section (b) or (c) if— 

13 (1) the negotiated rulemaking committee referred 

14 to in subsection (e) concludes that the committee can15 not meet the deadline; and 

16 (2) the Secretary so notifies the appropriate 

17 committees of Congress. 

18 (e) COMMITTEE.— 

19 (1) ESTABLISHMENT.—The Secretary shall en20 sure that a negotiated rulemaking committee is estab21 lished under section 565 of title 5, United States 

22 Code, to carry out this section. 

23 (2) MEMBERS.—The members of the committee 

24 shall be— 


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1 (A) the relevant Regional Forester (or a des2 ignee of the relevant Regional Forester); and 

3 (B) the selected representative of a non4 governmental organization identified by the Sec5 retary of Agriculture as having a statewide 

6 acequia membership, nominated by such organi7 zation to the Secretary of Agriculture. 

8 (3) REQUIREMENTS.—The committee shall confer 

9 with, and accommodate participation by— 

10 (A) representatives of any agency or com11 mission of the State government established or 

12 designated by the State to advise public officials 

13 on proposed legislation affecting acequias; and 

14 (B) State acequia elected officials. 

15 (f) EFFECT.—The lack of promulgated regulations 

16 shall not limit the effect of the Forest Service’s Acequia 

17 Guidance Document, dated July 2, 2019. 

18 SEC. 6. 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. 

Amend the title so as to read: ‘‘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.’’. 


pamtmann on DSKBC07HB2PROD with BILLS
Union Calendar No. 495 

116TH CONGRESS 

2D SESSION H. R. 3682 

[Report No. 116–602] 

A BILL 

To provide for greater consultation between the 

mercedes, and for other purposes. the historic-traditional boundaries of land grantand to provide for a process for recognition of land grant-mercedes and acequias in New Mexico Federal Government and the governing bodies of 

NOVEMBER 19, 2020 

Reported with amendments; committed to the Committee 

dered to be printed of the Whole House on the State of the Union and orVerDate Sep 11 2014 20:57 Nov 19, 2020 Jkt 019200 PO 00000 Frm 00014 Fmt 6651 Sfmt 6651 E:\BILLS\H3682.RH H3682

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