tional use boundaries using geographical and historical 
evidence supported by maps and documentation. 
(b) ACCEPTABLE SOURCES OF RECORDS.—Accept-
able documentation for the purposes of subsection (a) in-
cludes records from the following sources: 
(1) The National Archives and Records Admin-
istration in Washington, DC, Regional Archives and 
Presidential Libraries. 
(2) Archivo General de la Nacio´n (Mexico City), 
Archivo de la Real Audiencia de La Nueva Galicia 
(Guadalajara), 
Archivos 
Generales 
de 
Indias, 
Simancas y de la Corona de Arago´n (Seville), 
Archivo General de Simancas (Valladolid), Biblioteca 
Nacional (Madrid), and the national archives of 
other countries. 
(3) The New Mexico State Records Center and 
Archives, California State Library, and archives and 
libraries of other States. 
(4) The Department of the Interior, the De-
partment of Agriculture, and other Federal agencies. 
(5) The University of New Mexico, including 
the Center for Southwest Research, the Zimmerman 
Library, the Special Collections at the University of 
New Mexico Law Library, the Spanish Colonial Re-
search Center, the University of New Mexico Land 
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Grant Studies Program, Bancroft Library at the 
University of California, Berkley, and other univer-
sity archives and special collections. 
(6) The primary sources cited in: the Master of 
Laws (L.L.M.) thesis by J.J. Bowden at Southern 
Methodist University Law School entitled ‘‘Private 
land Claims in The Southwest’’, the Government Ac-
countability Office Reports GAO–01–951 and GAO– 
04–59, and the Benavides and Golten Study in the 
Natural Resources Journal, Vol. 48, Fall 2008. 
(7) Office of the Attorney General of the State 
of New Mexico, the New Mexico Land Grant Coun-
cil, and other agencies of the State. 
(8) State Legislative Records. 
(9) Records of courts, counties and municipali-
ties. 
(10) Records of members of Congress not in-
cluded in the National Archives. 
(11) Authenticated records of land grant-mer-
cedes, pueblos, tribes, and private entities. 
(c) NOTICE OF RECEIPT OF MATERIALS.—Not later 
than 60 days after receipt of a submission pursuant to 
subsection (a), the Forest Supervisor, Field Manager, or 
other similarly situated authority, as appropriate, of the 
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Secretary concerned shall notify the governing body that 
the submission was received. 
(d) PROCESS FOR DETERMINATION OF HISTORICAL- 
TRADITIONAL USE BOUNDARIES.— 
(1) IN GENERAL.—Not later than 14 months 
after receipt of a submission pursuant to subsection 
(a), the Forest Supervisor or Field Manager, or 
other similarly situated authority, as appropriate, of 
the Secretary concerned shall— 
(A) approve of the historical-traditional 
use boundaries as proposed by the qualified 
land grant-merced governing body; or 
(B) offer an alternative historical-tradi-
tional use boundary using geographical and his-
torical evidence supported by maps and docu-
mentation. 
(2) 
ALTERNATIVE
HISTORICAL-TRADITIONAL 
USE BOUNDARY.—If an alternative historical-tradi-
tional use boundary is offered by the Forest Super-
visor or Field Manager, or other similarly situated 
authority, as appropriate, of the Secretary concerned 
under paragraph (1)(B), then the governing body of 
the qualified land grant-merced shall have 180 days 
to accept the alternative historical-traditional use 
boundary. 
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(3) STEP-BY-STEP NEGOTIATION PROCESS TO 
DETERMINE
HISTORIC-TRADITIONAL
USE
BOUND-
ARIES
OF
A
LAND
GRANT-MERCED.—If an alter-
native historical-traditional use boundary is offered 
by the Forest Supervisor or Field Manager, or other 
similarly situated authority, as appropriate, of the 
Secretary concerned under paragraph (1)(B) and the 
governing body of the qualified land grant-merced 
does not accept the boundary within the 180-day pe-
riod described in paragraph (2), then a negotiation 
process shall take place as follows: 
(A) REGIONAL
LEVEL.—The governing 
body of the qualified land grant-merced and the 
Regional Forester or State Director, or other 
similarly situated authority, as appropriate, 
shall— 
(i) jointly notify the relevant Forest 
Supervisor or Field Manager, or other 
similarly situated authority, as appro-
priate, of the Secretary concerned that ne-
gotiations have been elevated to the re-
gional level; and 
(ii) have one year from the date of the 
expiration of the 180-day period described 
in paragraph (2) to negotiate an agree-
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ment on the historical-traditional use 
boundary. 
(B) DIRECTOR LEVEL.—If an agreement is 
not reached under subparagraph (A), then the 
governing body of the qualified land grant- 
merced and the Chief of the Forest Service or 
the Director of the Bureau of Land Manage-
ment, or other similarly situated authority, as 
appropriate, shall have one additional year to 
negotiate an agreement on the historical-tradi-
tional use boundary. 
(C) DEPARTMENTAL LEVEL.—If an agree-
ment is not reached under subparagraph (B), 
then the governing body of the qualified land 
grant-merced and the Secretary concerned shall 
have one additional year to negotiate an agree-
ment on the historical-traditional use boundary. 
(4) FAILURE
OF
NEGOTIATION
PROCESS.—If 
the negotiation process described in paragraph (3) 
does not result in an agreement between the gov-
erning body of the qualified land grant-merced and 
the Secretary concerned, or, if requested by the gov-
erning body of the qualified land-grant merced at 
any time during the negotiation process described in 
paragraph (3), then the Secretary concerned shall, 
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not later than 90 days after the expiration of the 
time period described in paragraph (3)(C), issue a 
final decision on the historical-traditional use bound-
ary of the land grant-merced. 
(5) FEDERAL
COURT.—Any decision made 
under paragraph (4) shall be appealable to Federal 
court, and the court shall hear the case de novo. 
Both parties shall submit to the court evidence sup-
porting such party’s interpretation of the historical- 
traditional use boundaries. The court shall deter-
mine the historic-traditional boundary of the land 
grant-merced that most accurately represents the 
area of historical and traditional use. 
(6) MANAGEMENT OF QUALIFIED LAND GRANT- 
MERCED.—Management of lands located within the 
patent boundary of a qualified land grant-merced 
shall not be affected during the negotiation process 
under paragraphs (3) or (4) or the appeal process 
under paragraph (5). 
(e) AMENDMENT OF MANAGEMENT PLAN TO RE-
FLECT HISTORICAL-TRADITIONAL USE BOUNDARIES.— 
Not later than two years after the determination of the 
historical-traditional use boundaries of a qualified land 
grant-merced under this section, the Secretary concerned 
shall— 
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(1) conduct a land survey of the historical-tra-
ditional use boundary of a land grant-merced; 
(2) create a map that depicts such historical- 
traditional use boundary; and 
(3) amend the management plans for appro-
priate lands in accordance with section 4. 
(f) TREATMENT OF NEWLY RECONSTITUTED QUALI-
FIED
LAND
GRANT-MERCEDES.—If a qualified land 
grant-merced is established after the date of the enact-
ment of this Act, then the 5-year period described in sub-
paragraph (a) shall begin on the date of such establish-
ment. 
Æ 
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