I 
117TH CONGRESS 
1ST SESSION H. R. 5493 
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. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 5, 2021 
Ms. LEGER FERNANDEZ (for herself, Ms. STANSBURY, Ms. LEE of California, 
and Mr. GRIJALVA) introduced the following bill; which was referred to 
the Committee on Natural Resources 
A BILL 
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. 
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: 
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(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) 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. 
(3) 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; 
(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— 
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(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. 
(4) 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). 
(5) 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 
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(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. 
(6) 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. 
(7) STATE.—The term ‘‘State’’ means the State 
of New Mexico. 
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 
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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; 
(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; 
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(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 
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; 
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(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— 
(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 
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(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; 
(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 
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(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. 
SEC. 5. SAVINGS. 
Nothing in this Act shall be construed— 
(1) to impact the State’s authority to regulate 
water rights, in conformance with all State and Fed-
eral laws and regulations; 
(2) to impact the State’s authority to regulate 
the management of game and fish, in conformance 
with all State and Federal laws and regulations; 
(3) to impact any valid existing rights or valid 
permitted uses, including grazing permits; 
(4) to create any implicit or explicit right to 
grazing on Federal lands; or 
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(5) to alter or diminish any rights reserved for 
an Indian Tribe or members of an Indian Tribe by 
treaty or Federal law. 
Æ 
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