management plan for any Federal land that contains any 
portion of a qualified land grant-merced, or any Federal 
land that is adjacent to any land grant-merced, the Sec-
retary concerned shall— 
(1) provide written notice to the governing body 
of the qualified land grant-merced using the mailing 
address and electronic address on file in the data-
base established under subsection (c); and 
(2) publish notice of availability of the final 
plan in a local newspaper. 
(c) DATABASE OF GOVERNING BODIES.—The Sec-
retary concerned shall maintain and periodically update 
a database of the mailing address and, if available, elec-
tronic address of each governing body of a qualified land 
grant-merced. The Secretary concerned shall be respon-
sible for verifying the information in the database is cor-
rect before providing any notice required by this section. 
(d) EVALUATION.—Before the Secretary adopts, 
amends, or revises a management plan for, or before the 
Secretary conducts an action for which a detailed state-
ment is required under section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) to be conducted on any Federal land that contains 
any portion of a qualified land grant-merced, or any Fed-
eral land that is adjacent to or nearby a qualified land- 
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grant merced, the Secretary concerned shall, in consulta-
tion with the governing body of the qualified land grant- 
merced, evaluate the potential impact of the adoption, 
amendment, or revision, or the proposed action, on the 
ability of the relevant community users and governing 
body of the qualified land grant-merced to carry out the 
historical-traditional uses described in section 5. 
(e) MITIGATION.—If the Secretary determines that a 
the adoption, amendment, or revision of a management 
plan, or the proposed action, may result in an adverse im-
pact to a historical-traditional use described in section 5 
of relevant community users or governing body of the 
qualified land grant-merced, the Secretary shall, to the 
maximum extent practical and consistent with the pur-
poses, policies, and programs of Federal laws and regula-
tions applicable, mitigate such adverse impact. 
SEC. 5. GUIDANCE ON PERMIT REQUIREMENTS FOR QUALI-
FIED LAND GRANT-MERCEDES. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary concerned, 
in consultation with the governing bodies of a qualified 
land grant-merced, shall issue written guidance for each 
of the uses described in paragraphs (1) through (3) of sub-
section (c) on— 
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(1) what activities conducted by a community 
user or governing body of a qualified land grant- 
merced, or a contractor of such a governing body, on 
such qualified land grant-merced require the commu-
nity user or governing body of the qualified land 
grant-merced to obtain a permit from the Secretary 
concerned; 
(2) what administrative procedures must be fol-
lowed to obtain such permit; 
(3) what fees are required to obtain such per-
mit; 
(4) the permissible use of motorized and non- 
motorized vehicles by community users or the gov-
erning body of a qualified land grant-merced on such 
qualified land grant-merced to carry out each of the 
uses described in paragraphs (1) through (3) of sub-
section (c) on such qualified land grant-merced; 
(5) permissible use of mechanized equipment by 
community users or the governing body of a quali-
fied land grant-merced on such qualified land grant- 
merced to carry out each of the uses described in 
paragraphs (1) through (3) of subsection (c) on such 
qualified land grant-merced; and 
(6) permissible use of non-native materials by 
community users or the governing body of a quali-
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fied land grant-merced to carry out each of the uses 
described in paragraphs (1) through (3) of sub-
section (c) on such qualified land grant-merced. 
(b) FEES
FOR
QUALIFIED
LAND
GRANT-MER-
CEDES.— 
(1) IN GENERAL.—When determining the fees 
referred to in subsection (a)(3), the Secretary con-
cerned shall consider the socio-economic conditions 
of community users and the annual operating budg-
ets of governing bodies of qualified land grant-mer-
cedes. 
(2) 
FEES
FOR
HISTORICAL-TRADITIONAL 
USES.—The Secretary concerned shall waive any fee 
to obtain a permit for a historical-traditional use to 
be conducted by a community user or governing 
body of a qualified land grant-merced on such quali-
fied land grant-merced, except that the Secretary is 
not required under this paragraph to waive a fee to 
obtain a permit for grazing. 
(c) DEFINITIONS.—For the purposes of this section: 
(1) HISTORICAL-TRADITIONAL
USES.—Histor-
ical-traditional uses on a qualified land grant-merced 
on Federal land are— 
(A) use of water; 
(B) religious and cultural use; 
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(C) gathering herbs; 
(D) gathering wood products; 
(E) gathering flora and botanical products; 
(F) grazing, to the extent that grazing has 
traditionally been carried out on such land; 
(G) recreation; 
(H) hunting and fishing; 
(I) soil and rock gathering; and 
(J) any other traditional activity that has 
sustainable beneficial community uses that sup-
port the long-term cultural and socio-economic 
integrity of the community and that is agreed 
to in writing by the Secretary concerned and 
the governing body of the relevant qualified 
land grant-merced. 
(2) ROUTINE
MAINTENANCE
AND
MINOR
IM-
PROVEMENTS.—Routine maintenance and minor im-
provements on a qualified land grant-merced on 
Federal land are— 
(A) cleaning, repair, or replacement in 
kind of infrastructure; 
(B) maintenance and upkeep of a trail, 
road, or fence; 
(C) maintenance and upkeep of a monu-
ment or shrine; 
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(D) maintenance and upkeep of a commu-
nity cemetery; 
(E) maintenance and upkeep of a livestock 
well or water tank; and 
(F) any other traditional activity that pre-
serves the state of the qualified land grant- 
merced, as agreed to in writing by the Sec-
retary concerned and the governing body of the 
qualified land grant-merced. 
(3) MAJOR
IMPROVEMENTS.—Major improve-
ments on a qualified land grant-merced on Federal 
land are— 
(A) construction or expansion of a commu-
nity water or wastewater system; 
(B) construction or major repair of a live-
stock well 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; 
and 
(F) construction or expansion of a ceme-
tery. 
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