IIB 

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. 


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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 

10 term 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 

13 the 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 protec23 tion; 

24 (C) gathering herbs; 

25 (D) gathering wood products; 


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1 (E) gathering flora or botanical products; 

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

3 traditionally been carried out on the land, as 

4 determined by the Secretary concerned in con5 sultation with the governing body of the af6 fected land grant-merced; 

7 (G) hunting or fishing; 

8 (H) soil or rock gathering; and 

9 (I) any other traditional activity for non10 commercial benefit that— 

11 (i) has a sustainable beneficial com12 munity use, as determined by the Sec13 retary concerned in consultation with the 

14 governing body of the affected land grant15 merced; 

16 (ii) supports the long-term cultural 

17 and socioeconomic integrity of the commu18 nity, as determined by the Secretary con19 cerned in consultation with the governing 

20 body of the affected land grant-merced; 

21 and 

22 (iii) is agreed to in writing by the Sec23 retary concerned and the governing body of 

24 the qualified land grant-merced. 


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

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

3 Indian Self-Determination and Education Assistance 

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

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

6 term ‘‘qualified land grant-merced’’ means a com7 munity land grant issued under the laws or customs 

8 of the Government of Spain or Mexico that— 

9 (A) is recognized under New Mexico Stat10 utes Chapter 49 (or a successor statute); and 

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

12 of lands under the jurisdiction of a Secretary 

13 concerned or their original or patented exterior 

14 boundaries are located adjacent to land under 

15 the jurisdiction of a Secretary concerned. 

16 (7) SECRETARY CONCERNED.—The term ‘‘Sec17 retary concerned’’ means the relevant Secretary of 

18 the Department of Agriculture or the Department of 

19 the Interior, with respect to land under the jurisdic20 tion of that Secretary. 

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

22 of New Mexico. 


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1 SEC. 3. GUIDANCE ON PERMIT REQUIREMENTS FOR QUALI2 FIED LAND GRANT-MERCEDES. 

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

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

5 United States Code (commonly known as the ‘‘Administra6 tive Procedure Act’’) and all applicable environmental 

7 laws, and not later than 2 years after the date of the en8 actment of this Act, the Secretary concerned, acting 

9 through the appropriate officials of the Department of Ag10 riculture and Department of the Interior in the State, in 

11 consultation with the New Mexico Land Grant Council, 

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

13 Indian Tribes, shall issue the written guidance described 

14 in subsection (b). 

15 (b) CONTENTS OF GUIDANCE.— 

16 (1) IN GENERAL.—Written guidance issued 

17 under subsection (a) shall include— 

18 (A) a description of the historical-tradi19 tional uses that— 

20 (i) a community user or a governing 

21 body of a qualified land grant-merced may 

22 conduct for noncommercial use on land 

23 under the jurisdiction of the Secretary con24 cerned; and 

25 (ii) require a permit from the Sec26 retary concerned; 


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1 (B) administrative procedures for obtain2 ing a permit under subparagraph (A); 

3 (C) subject to subsection (c), the fees re4 quired to obtain that permit; 

5 (D) the permissible use of motorized and 

6 nonmotorized vehicles and equipment by a com7 munity user or the governing body of a quali8 fied land grant-merced for noncommercial his9 torical-traditional use on land under the juris10 diction of the Secretary concerned; 

11 (E) the permissible use of mechanized ve12 hicles or equipment by a community user or 

13 governing body of a qualified land grant-merced 

14 for historical-traditional use on land under the 

15 jurisdiction of the Secretary concerned; and 

16 (F) the permissible use of non-native mate17 rial by a community user or the governing body 

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

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

20 under the jurisdiction of the Secretary con21 cerned. 

22 (2) ROUTINE MAINTENANCE AND MINOR IM23 PROVEMENTS.—Written guidance issued under sub24 section (a) shall address routine maintenance and 

25 minor improvements of infrastructure owned or used 


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

2 jurisdiction of the Secretary concerned, including— 

3 (A) cleaning, repair, or replacement-in4 kind of infrastructure; 

5 (B) maintenance and upkeep of a trail, 

6 road, cattle guard, culvert, or fence; 

7 (C) maintenance and upkeep of a monu8 ment or shrine; 

9 (D) maintenance and upkeep of a commu10 nity cemetery; 

11 (E) maintenance and upkeep of a livestock 

12 well, water lines, water storage container, or 

13 water tank; and 

14 (F) any other routine maintenance or 

15 minor improvement associated with historical16 traditional uses identified by any of the entities 

17 described in subsection (a) in the process of de18 veloping the guidance. 

19 (3) MAJOR IMPROVEMENTS.—Written guidance 

20 issued under subsection (a) may describe the process 

21 for managing major improvements of infrastructure 

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

23 land under the jurisdiction of the Secretary con24 cerned, including— 


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1 (A) construction or expansion of a commu2 nity water or wastewater system; 

3 (B) construction or major repair of a live4 stock well, water lines, water storage container, 

5 or water tank; 

6 (C) construction or major repair of a 

7 monument or shrine; 

8 (D) installation of a cattle guard; 

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

10 (F) construction or expansion of a ceme11 tery; and 

12 (G) any other major improvement associ13 ated with historical-traditional uses, as deter14 mined by the Secretaries concerned. 

15 (4) NOTICE AND COMMENT.—Written guidance 

16 issued under subsection (a) shall set forth the poli17 cies and procedures for notice and comment on plan18 ning decisions, routine engagement, and major Fed19 eral actions that could impact historical-traditional 

20 uses of a qualified land grant merced, and methods 

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

22 (A) online public notice; 

23 (B) printed public notice; 


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1 (C) mail, including certified mail, and 

2 email notifications to governing bodies through 

3 a listserv; and 

4 (D) mail, including certified mail, and 

5 email notifications to the Land Grant Council. 

6 (c) FEES FOR QUALIFIED LAND GRANT-MER7 CEDES.—Where the Secretary concerned is authorized to 

8 consider the fiscal capacity of the applicant in determining 

9 whether to reduce or waive a fee for a permit for histor10 ical-traditional uses, the Secretary shall consider— 

11 (1) the socioeconomic conditions of community 

12 users; and 

13 (2) the annual operating budgets of governing 

14 bodies of qualified land grant-mercedes. 

15 SEC. 4. CONSIDERATION OF HISTORICAL-TRADITIONAL 

16 USE IN LAND MANAGEMENT PLANNING. 

17 In developing, maintaining, and revising land man18 agement plans pursuant to section 202 of the Federal 

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

20 1712) and section 6 of the National Forest Management 

21 Act (16 U.S.C. 1604), as applicable, the Secretary con22 cerned shall, in accordance with applicable law, consider 

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

24 historical-traditional uses by qualified land grants-mer25 cedes. 


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1 SEC. 5. SPECIAL USE PERMITS FOR ROUTINE MAINTE2 NANCE AND MINOR IMPROVEMENTS OF 

3 ACEQUIAS. 

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

5 date of the enactment of this Act, the Secretary Agri6 culture shall initiate procedures under subchapter III of 

7 chapter 5 of title 5, United States Code, to promulgate 

8 such regulations as are necessary to carry out and imple9 ment the Forest Service’s Acequia Guidance Document, 

10 dated July 2, 2019. 

11 (b) PUBLICATION OF PROPOSED REGULATIONS.— 

12 The Secretary shall cause to be published in the Federal 

13 Register proposed regulations to implement this section 

14 not later than 21 months after the date of the enactment 

15 of this Act. 

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

17 promulgate regulations under subsection (a) shall expire 

18 30 months after the date of the enactment of this Act. 

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

20 extend, for not more than 180 days, a deadline under sub21 section (b) or (c) if— 

22 (1) the negotiated rulemaking committee re23 ferred to in subsection (e) concludes that the com24 mittee cannot meet the deadline; and 

25 (2) the Secretary so notifies the appropriate 

26 committees of Congress. 


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1 (e) COMMITTEE.— 

2 (1) ESTABLISHMENT.—The Secretary shall en3 sure that a negotiated rulemaking committee is es4 tablished under section 565 of title 5, United States 

5 Code, to carry out this section. 

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

7 shall be— 

8 (A) the relevant Regional Forester (or a 

9 designee of the relevant Regional Forester); and 

10 (B) the selected representative of a non11 governmental organization identified by the 

12 Secretary of Agriculture as having a statewide 

13 acequia membership, nominated by such organi14 zation to the Secretary of Agriculture. 

15 (3) REQUIREMENTS.—The committee shall con16 fer with, and accommodate participation by— 

17 (A) representatives of any agency or com18 mission of the State government established or 

19 designated by the State to advise public officials 

20 on proposed legislation affecting acequias; and 

21 (B) State acequia elected officials. 

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

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

24 Guidance Document, dated July 2, 2019. 


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1 SEC. 6. SAVINGS. 

2 Nothing in this Act shall be construed— 

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

4 water rights, in conformance with all State and Fed5 eral laws and regulations; 

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

7 the management of game and fish, in conformance 

8 with all State and Federal laws and regulations; 

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

10 permitted uses, including grazing permits; 

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

12 grazing on Federal lands; or 

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

14 an Indian Tribe or members of an Indian Tribe by 

15 treaty or Federal law. 

16 SEC. 7. DETERMINATION OF BUDGETARY EFFECTS. 

17 The budgetary effects of this Act, for the purpose of 

18 complying with the Statutory Pay-As-You-Go Act of 2010, 

19 shall be determined by reference to the latest statement 

20 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

21 Act, submitted for printing in the Congressional Record 

22 by the Chairman of the House Budget Committee, proVerDate Sep 11 2014 03:02 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3682.RFS H3682

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1 vided that such statement has been submitted prior to the 

2 vote on passage. 

Passed the House of Representatives December 3, 

2020. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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