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 Gov-
ernment 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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Be it enacted by the Senate and House of Representa-
tives 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 protec-
tion; 
(C) gathering herbs; 
(D) gathering wood products; 
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(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 con-
sultation with the governing body of the af-
fected land grant-merced; 
(G) hunting or fishing; 
(H) soil or rock gathering; and 
(I) any other traditional activity for non-
commercial benefit that— 
(i) has a sustainable beneficial com-
munity use, as determined by the Sec-
retary concerned in consultation with the 
governing body of the affected land grant- 
merced; 
(ii) supports the long-term cultural 
and socioeconomic integrity of the commu-
nity, as determined by the Secretary con-
cerned in consultation with the governing 
body of the affected land grant-merced; 
and 
(iii) is agreed to in writing by the Sec-
retary concerned and the governing body of 
the qualified land grant-merced. 
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(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 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 (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 ‘‘Sec-
retary concerned’’ means the relevant Secretary of 
the Department of Agriculture or the Department of 
the Interior, with respect to land under the jurisdic-
tion of that Secretary. 
(8) STATE.—The term ‘‘State’’ means the State 
of New Mexico. 
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SEC. 3. GUIDANCE ON PERMIT REQUIREMENTS FOR QUALI-
FIED 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 ‘‘Administra-
tive Procedure Act’’) and all applicable environmental 
laws, and not later than 2 years after the date of the en-
actment of this Act, the Secretary concerned, acting 
through the appropriate officials of the Department of Ag-
riculture 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-tradi-
tional 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 con-
cerned; and 
(ii) require a permit from the Sec-
retary concerned; 
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(B) administrative procedures for obtain-
ing a permit under subparagraph (A); 
(C) subject to subsection (c), the fees re-
quired to obtain that permit; 
(D) the permissible use of motorized and 
nonmotorized vehicles and equipment by a com-
munity user or the governing body of a quali-
fied land grant-merced for noncommercial his-
torical-traditional use on land under the juris-
diction of the Secretary concerned; 
(E) the permissible use of mechanized ve-
hicles 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 mate-
rial 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 con-
cerned. 
(2) ROUTINE
MAINTENANCE
AND
MINOR
IM-
PROVEMENTS.—Written guidance issued under sub-
section (a) shall address routine maintenance and 
minor improvements of infrastructure owned or used 
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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 monu-
ment or shrine; 
(D) maintenance and upkeep of a commu-
nity 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 de-
veloping 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 con-
cerned, including— 
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(A) construction or expansion of a commu-
nity water or wastewater system; 
(B) construction or major repair of a live-
stock 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 ceme-
tery; and 
(G) any other major improvement associ-
ated with historical-traditional uses, as deter-
mined by the Secretaries concerned. 
(4) NOTICE AND COMMENT.—Written guidance 
issued under subsection (a) shall set forth the poli-
cies and procedures for notice and comment on plan-
ning decisions, routine engagement, and major Fed-
eral 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; 
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(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-MER-
CEDES.—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 histor-
ical-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 man-
agement 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 con-
cerned shall, in accordance with applicable law, consider 
and, as appropriate, provide for and evaluate impacts to 
historical-traditional uses by qualified land grants-mer-
cedes. 
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SEC. 5. SPECIAL USE PERMITS FOR ROUTINE MAINTE-
NANCE 
AND 
MINOR 
IMPROVEMENTS 
OF 
ACEQUIAS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary Agri-
culture 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 imple-
ment 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 sub-
section (b) or (c) if— 
(1) the negotiated rulemaking committee re-
ferred to in subsection (e) concludes that the com-
mittee cannot meet the deadline; and 
(2) the Secretary so notifies the appropriate 
committees of Congress. 
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(e) COMMITTEE.— 
(1) ESTABLISHMENT.—The Secretary shall en-
sure that a negotiated rulemaking committee is es-
tablished 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 non-
governmental organization identified by the 
Secretary of Agriculture as having a statewide 
acequia membership, nominated by such organi-
zation to the Secretary of Agriculture. 
(3) REQUIREMENTS.—The committee shall con-
fer with, and accommodate participation by— 
(A) representatives of any agency or com-
mission 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. 
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