SEC. 2. DEFINITIONS. 
In this Act: 
(1) COMMUNITY USER.—The term ‘‘community 
user’’ means an heir (as defined under the laws of 
the State) of a qualified land grant-merced. 
(2) FEDERAL LAND.— 
(A) IN
GENERAL.—The term ‘‘Federal 
land’’ means any land or interest in land owned 
by the United States. 
(B) EXCLUSIONS.—The term ‘‘Federal 
land’’ does not include— 
(i) land within the boundary of an In-
dian reservation; 
(ii) land held in trust or in restricted 
status by the United States for the benefit 
of— 
(I) an Indian Tribe; or 
(II) an individual Indian; or 
(iii) land held in fee by an Indian or 
Indian Tribe that is subject to restrictions 
on alienation by the United States. 
(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. 
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(4) HISTORICAL
OR
TRADITIONAL
USE.—The 
term ‘‘historical or traditional use’’ means the fol-
lowing long-established and habitual uses conducted 
by a qualified land grant-merced on Federal land for 
noncommercial benefit and for the benefit of the 
qualified land grant-merced: 
(A) The use of water in accordance with 
all applicable Federal and State laws (including 
regulations). 
(B) Gathering herbs in small quantities. 
(C) Gathering wood products in small 
quantities. 
(D) Gathering flora or botanical products 
in small quantities. 
(E) Grazing, to the extent that grazing has 
traditionally been carried out on Federal land, 
as determined by the Secretary concerned, in 
coordination with the New Mexico Land Grant 
Council. 
(F) Subsistence hunting or fishing that is 
conducted in accordance with State law. 
(G) Soil or rock gathering in small quan-
tities. 
(H) The use and maintenance of an exist-
ing monument or shrine. 
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(I) The use and maintenance of an existing 
cemetery by a qualified land grant-merced. 
(J) Any other long-established and habit-
ual use conducted by a qualified land grant- 
merced for noncommercial benefit that— 
(i) has a sustainable use by the quali-
fied land grant-merced, as determined by 
the Secretary concerned, in coordination 
with the New Mexico Land Grant Council; 
(ii) supports the long-term integrity of 
the qualified land grant-merced, as deter-
mined by the Secretary concerned, in co-
ordination with the New Mexico Land 
Grant Council; and 
(iii) is agreed to in writing by the Sec-
retary concerned and the New Mexico 
Land Grant Council. 
(5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
means the governing body of any individually identi-
fied and federally recognized Indian or Alaska Na-
tive tribe, band, nation, pueblo, village, community, 
affiliated Tribal group, or component reservation in-
cluded on the most recent list published pursuant to 
section 104(a) of the Federally Recognized Indian 
Tribe List Act of 1994 (25 U.S.C. 5131(a)). 
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(6) MEMORANDUM OF UNDERSTANDING.—The 
term ‘‘memorandum of understanding’’ means a 
memorandum of understanding entered into or ex-
tended, renewed, or revised under section 3(a)(1). 
(7) NONCOMMERCIAL
BENEFIT.—The term 
‘‘noncommercial benefit’’ means a benefit from a 
use, the primary purpose of which is not the sale of 
a good or service. 
(8) QUALIFIED
LAND
GRANT-MERCED.—The 
term ‘‘qualified land grant-merced’’ means a com-
munity land grant issued under the laws or customs 
of the Government of Spain or Mexico that— 
(A) is recognized under New Mexico Stat-
utes Chapter 49, Articles 1 and 4 (or a suc-
cessor statute); and 
(B)(i) has a record of historical or tradi-
tional use on Federal land under the jurisdic-
tion of the Secretary concerned; or 
(ii) has a patented exterior boundary that 
is or was previously located on or adjacent to 
Federal land under the jurisdiction of the Sec-
retary concerned. 
(9) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ means the Secretary of Agri-
culture or the Secretary of the Interior, with respect 
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to Federal land under the jurisdiction of the Sec-
retary of Agriculture or the Secretary of the Inte-
rior, respectively. 
(10) STATE.—The term ‘‘State’’ means the 
State of New Mexico. 
SEC. 3. MEMORANDUM OF UNDERSTANDING ON PERMIT 
REQUIREMENTS AND OTHER LAND USE AU-
THORIZATIONS FOR HISTORICAL OR TRADI-
TIONAL USES OF QUALIFIED LAND GRANT- 
MERCEDES; REDUCTION OR WAIVER OF CER-
TAIN FEES. 
(a) MEMORANDUM OF UNDERSTANDING.— 
(1) IN
GENERAL.—The Secretary concerned, 
acting through the appropriate officials of the De-
partment of Agriculture and the Department of the 
Interior in the State, in consultation with Indian 
Tribes, shall— 
(A) not later than 2 years after the date 
of enactment of this Act, enter into an initial 
memorandum of understanding with the New 
Mexico Land Grant Council; and 
(B) subject to the requirements of this sec-
tion, on the expiration of the initial memo-
randum of understanding entered into under 
subparagraph (A) or any successor memo-
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randum of understanding entered into under 
this subparagraph— 
(i) enter into a successor memo-
randum of understanding with the New 
Mexico Land Grant Council; or 
(ii) extend or renew, with any revi-
sions determined to be appropriate by the 
Secretary concerned and the New Mexico 
Land Grant Council, the expired memo-
randum of understanding. 
(2) APPLICABLE REQUIREMENTS AND AUTHOR-
IZATIONS.— 
(A) IN GENERAL.—A memorandum of un-
derstanding shall— 
(i) provide for enhanced cooperation 
and coordination between the Secretary 
concerned and qualified land grant-mer-
cedes; 
(ii) provide for the Secretary con-
cerned, acting through the appropriate of-
ficials of the Department of Agriculture 
and the Department of the Interior, to 
enter into subsidiary agreements with 
qualified land grant-mercedes for specific 
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projects consistent with the memorandum 
of understanding; and 
(iii) be consistent with, and subject 
to— 
(I) applicable Federal laws (in-
cluding regulations); 
(II) applicable land use plans; 
and 
(III) valid existing rights. 
(B) PERMITS AND OTHER LAND USE AU-
THORIZATIONS.—A memorandum of under-
standing shall include— 
(i) a description of the types of histor-
ical or traditional uses that— 
(I) a community user or a gov-
erning body of a qualified land grant- 
merced may conduct for noncommer-
cial benefit on Federal land under the 
jurisdiction of the Secretary con-
cerned; and 
(II) require a permit or other 
land use authorization from the Sec-
retary concerned; 
(ii) a citation to, and description of, 
any administrative procedures for obtain-
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ing the permit or other land use authoriza-
tion under clause (i); 
(iii) a description of— 
(I) the types of fees, including 
cost recovery fees and land use fees, 
that may be associated with a permit 
or other land use authorization under 
clause (i); and 
(II) if applicable, the process to 
request a reduction or waiver of the 
fees described in subclause (I) under 
regulations promulgated by the Sec-
retary concerned; 
(iv) a description of the process for 
determining the permissible use of motor-
ized and nonmotorized vehicles and equip-
ment by a community user or the gov-
erning body of a qualified land grant- 
merced for noncommercial historical or 
traditional use on Federal land under the 
jurisdiction of the Secretary concerned; 
(v) a description of the process for de-
termining the permissible use of mecha-
nized vehicles or equipment by a commu-
nity user or governing body of a qualified 
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land grant-merced for historical or tradi-
tional use on Federal land under the juris-
diction of the Secretary concerned; 
(vi) a description of the process for 
determining 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 described in 
subparagraphs (C) and (D) on Federal 
land under the jurisdiction of the Secretary 
concerned; 
(vii) a description of any applicable 
restrictions and prohibitions on historical 
or traditional uses conducted by a qualified 
land grant-merced on Federal land under 
the jurisdiction of the Secretary concerned; 
and 
(viii) a description of the process, in 
accordance with applicable law, for con-
sulting with 1 or more Indian Tribes that 
would be directly affected by a proposed 
historical or traditional use on Federal 
land by a qualified land grant-merced. 
(C) ROUTINE MAINTENANCE AND MINOR 
IMPROVEMENTS.—A memorandum of under-
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standing shall address authorization of routine 
maintenance and minor improvements of infra-
structure used by a qualified land grant-merced 
in connection with a historical or traditional use 
on Federal land under the jurisdiction of the 
Secretary concerned, including— 
(i) cleaning, repair, or replacement-in- 
kind of infrastructure; 
(ii) maintenance of a trail, road, cattle 
guard, culvert, or fence; 
(iii) maintenance of a monument or 
shrine; 
(iv) maintenance of a community cem-
etery by a qualified land grant-merced; 
(v) maintenance of a livestock well, 
water line, water storage container, or 
water tank; and 
(vi) any other routine maintenance or 
minor improvement associated with histor-
ical or traditional uses identified by the 
New Mexico Land Grant Council during 
the development of the memorandum of 
understanding. 
(D) MAJOR
IMPROVEMENTS.—A memo-
randum of understanding may describe the 
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process for authorizing major improvements of 
infrastructure of a qualified land grant-merced 
in connection with a historical or traditional use 
on Federal land under the jurisdiction of the 
Secretary concerned, including— 
(i) construction or expansion of a 
community water or wastewater system of 
a qualified land grant-merced; 
(ii) construction or major repair of a 
livestock well, water line, water storage 
container, or water tank of a qualified land 
grant-merced; 
(iii) major repair of a monument or 
shrine of a qualified land grant-merced; 
(iv) installation of a cattle guard; 
(v) construction of a trail, road, or 
fence; 
(vi) construction or expansion of a 
community cemetery by a qualified land 
grant-merced; and 
(vii) any other major improvement as-
sociated with historical or traditional uses, 
as determined by the Secretary concerned. 
(E) NOTICE
AND
COMMENT.—A memo-
randum of understanding shall describe the 
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policies and procedures for notice and comment 
on land management planning decisions and 
major Federal actions that could affect histor-
ical or traditional uses of Federal land by a 
qualified land grant-merced, and methods of 
providing the notice, including notice— 
(i) online; 
(ii) in print; and 
(iii) by mail or email to the New Mex-
ico Land Grant Council and Indian Tribes, 
including through a listserv that would in-
clude qualified land grant-mercedes, the 
New Mexico Land Grant Council, and In-
dian Tribes. 
(3) DEVELOPMENT, EXECUTION, AND
IMPLE-
MENTATION
OF
MEMORANDUM
OF
UNDER-
STANDING.— 
(A) ROLE
OF
THE
NEW
MEXICO
LAND 
GRANT
COUNCIL.—The New Mexico Land 
Grant Council may represent qualified land 
grant-mercedes in developing, executing, and 
implementing a memorandum of understanding. 
(B) ROLE
OF
GOVERNING
BODIES
OF 
QUALIFIED LAND GRANT-MERCEDES.—The Sec-
retary concerned may invite representatives of 
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governing bodies of qualified land grant-mer-
cedes to participate in meetings and provide 
input during the development of a memo-
randum of understanding. 
(4) LIMITATION.—A memorandum of under-
standing— 
(A) shall describe the process for a quali-
fied land grant-merced to obtain authorizations 
for historical or traditional uses through exist-
ing authorities, subject to existing Federal laws 
(including regulations) and applicable permit 
and land use authorization requirements; but 
(B) shall not directly approve or authorize 
a historical or traditional use described in sub-
paragraph (A). 
(b) FEES
FOR
QUALIFIED
LAND
GRANT-MER-
CEDES.—Where the Secretary concerned is authorized to 
reduce or waive land use fees or consider the fiscal capac-
ity of the applicant in determining whether to reduce or 
waive a fee for a land use permit, the Secretary shall con-
sider— 
(1) the socioeconomic conditions of community 
users of a qualified land grant-merced; and 
(2) the annual operating budget of the gov-
erning body of the qualified land grant-merced. 
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SEC. 4. CONSIDERATION AND INCLUSION OF PROVISIONS 
WITH RESPECT TO HISTORICAL OR TRADI-
TIONAL USES IN LAND USE PLANNING. 
In developing, maintaining, and revising land use 
plans pursuant to section 202 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1712) and sec-
tion 6 of the National Forest Management Act (16 U.S.C. 
1604), as applicable, the Secretary concerned shall, in ac-
cordance with applicable law, and, as determined to be ap-
propriate by the Secretary concerned, include a section in 
the applicable land use plan that considers and evaluates 
the impact of other uses in the land use plan on historical 
or traditional uses by qualified land grant-mercedes. 
SEC. 5. EFFECT. 
Nothing in this Act— 
(1) modifies, limits, expands, or otherwise af-
fects any treaty-reserved right, or any other right of, 
or obligation to, any Indian Tribe, including treaties 
or agreements with the United States, Executive or-
ders, statutes, regulations, or case law, that is recog-
nized on or after the date of enactment of this Act 
by any other means; 
(2) affects the authority of the State to regulate 
water use in accordance with all Federal and State 
laws (including regulations); 
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(3) affects the authority of the State to regulate 
the management of game and fish, in accordance 
with all Federal and State laws (including regula-
tions); 
(4) affects any valid existing rights, or valid 
permitted authorized uses of, Federal land; or 
(5) creates any implicit or explicit right to any 
type of use of Federal land. 
Æ 
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