dian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
(6) QUALIFIED LAND GRANT-MERCED.—The term 
‘‘qualified land grant-merced’’ means a community 
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 jurisdiction 
of that Secretary. 
(8) 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 ‘‘Administrative Pro-
VerDate Sep 11 2014 
20:57 Nov 19, 2020
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H3682.RH
H3682
pamtmann on DSKBC07HB2PROD with BILLS
cedure Act’’) and all applicable environmental laws, and 
not later than 2 years after the date of the enactment of 
this Act, the Secretary concerned, acting through the appro-
priate officials of the Department of Agriculture and De-
partment 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; 
(B) administrative procedures for obtaining 
a permit under subparagraph (A); 
(C) subject to subsection (c), the fees re-
quired to obtain that permit; 
VerDate Sep 11 2014 
20:57 Nov 19, 2020
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H3682.RH
H3682
pamtmann on DSKBC07HB2PROD with BILLS
(D) the permissible use of motorized and 
nonmotorized vehicles and equipment by a com-
munity user or the governing body of a qualified 
land grant-merced for noncommercial historical- 
traditional use on land under the jurisdiction of 
the Secretary concerned; 
(E) the permissible use of mechanized vehi-
cles or equipment by a community user or gov-
erning body of a qualified land grant-merced for 
historical-traditional use on land under the ju-
risdiction 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 concerned. 
(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; 
VerDate Sep 11 2014 
20:57 Nov 19, 2020
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H3682.RH
H3682
pamtmann on DSKBC07HB2PROD with BILLS
(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— 
(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; 
VerDate Sep 11 2014 
20:57 Nov 19, 2020
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H3682.RH
H3682
pamtmann on DSKBC07HB2PROD with BILLS
(C) construction or major repair of a monu-
ment or shrine; 
(D) installation of a cattle guard; 
(E) construction of a trail, road, or fence; 
(F) construction or expansion of a cemetery; 
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 policies 
and procedures for notice and comment on planning 
decisions, routine engagement, and major Federal ac-
tions that could impact historical-traditional uses of 
a qualified land grant merced, and methods of pro-
viding 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-MERCEDES.— 
Where the Secretary concerned is authorized to consider the 
VerDate Sep 11 2014 
20:57 Nov 19, 2020
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H3682.RH
H3682
pamtmann on DSKBC07HB2PROD with BILLS
fiscal capacity of the applicant in determining whether to 
reduce or waive a fee for a permit for historical-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 concerned shall, in ac-
cordance with applicable law, consider and, as appropriate, 
provide for and evaluate impacts to historical-traditional 
uses by qualified land grants-mercedes. 
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 Agriculture 
shall initiate procedures under subchapter III of chapter 
5 of title 5, United States Code, to promulgate such regula-
tions as are necessary to carry out and implement the For-
VerDate Sep 11 2014 
20:57 Nov 19, 2020
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H3682.RH
H3682
pamtmann on DSKBC07HB2PROD with BILLS
est 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 referred 
to in subsection (e) concludes that the committee can-
not meet the deadline; and 
(2) the Secretary so notifies the appropriate 
committees of Congress. 
(e) COMMITTEE.— 
(1) ESTABLISHMENT.—The Secretary shall en-
sure that a negotiated rulemaking committee is estab-
lished under section 565 of title 5, United States 
Code, to carry out this section. 
(2) MEMBERS.—The members of the committee 
shall be— 
VerDate Sep 11 2014 
20:57 Nov 19, 2020
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H3682.RH
H3682
pamtmann on DSKBC07HB2PROD with BILLS
(A) the relevant Regional Forester (or a des-
ignee of the relevant Regional Forester); and 
(B) the selected representative of a non-
governmental organization identified by the Sec-
retary of Agriculture as having a statewide 
acequia membership, nominated by such organi-
zation to the Secretary of Agriculture. 
(3) REQUIREMENTS.—The committee shall confer 
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. 
SEC. 6. 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; 
VerDate Sep 11 2014 
20:57 Nov 19, 2020
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H3682.RH
H3682
pamtmann on DSKBC07HB2PROD with BILLS
(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 
(5) to alter or diminish any rights reserved for 
an Indian Tribe or members of an Indian Tribe by 
treaty or Federal law. 
Amend the title so as to read: ‘‘A bill 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.’’. 
VerDate Sep 11 2014 
20:57 Nov 19, 2020
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3682.RH
H3682
pamtmann on DSKBC07HB2PROD with BILLS
Union Calendar No. 495 
116TH CONGRESS 
2D SESSION 
H. R. 3682 
[Report No. 116–602] 
A BILL 
To provide for greater consultation between the 
Federal Government and the governing bodies of 
land grant-mercedes and acequias in New Mexico 
and to provide for a process for recognition of 
the historic-traditional boundaries of land grant- 
mercedes, and for other purposes. 
NOVEMBER 19, 2020 
Reported with amendments; committed to the Committee 
of the Whole House on the State of the Union and or-
dered to be printed 
VerDate Sep 11 2014 
20:57 Nov 19, 2020
Jkt 019200
PO 00000
Frm 00014
Fmt 6651
Sfmt 6651
E:\BILLS\H3682.RH
H3682
pamtmann on DSKBC07HB2PROD with BILLS