II 118th CONGRESS 2d Session S. 4271 IN THE SENATE OF THE UNITED STATES May 7, 2024 Mr. Luján introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for greater cooperation and coordination between the Federal Government and the governing bodies and community users of land grant-mercedes in New Mexico relating to historical or traditional uses of certain land grant-mercedes on Federal public land, and for other purposes.

1. Short title This Act may be cited as the New Mexico Land Grant-Mercedes Historical or Traditional Use Cooperation and Coordination Act . 2. Definitions In this Act: (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) Federal land (A) In general The term Federal land means any land or interest in land owned by the United States. (B) Exclusions The term Federal land does not include— (i) land within the boundary of an Indian reservation; (ii) land held in trust or in restricted status by the United States for the benefit of— (I) an Indian Tribe; or (II) an individual Indian; or (iii) land held in fee by an Indian or Indian Tribe that is subject to restrictions on alienation by the United States. (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 or traditional use The term historical or traditional use means the following long-established and habitual uses conducted by a qualified land grant-merced on Federal land for noncommercial benefit and for the benefit of the qualified land grant-merced: (A) The use of water in accordance with all applicable Federal and State laws (including regulations). (B) Gathering herbs in small quantities. (C) Gathering wood products in small quantities. (D) Gathering flora or botanical products in small quantities. (E) Grazing, to the extent that grazing has traditionally been carried out on Federal land, as determined by the Secretary concerned, in coordination with the New Mexico Land Grant Council. (F) Subsistence hunting or fishing that is conducted in accordance with State law. (G) Soil or rock gathering in small quantities. (H) The use and maintenance of an existing monument or shrine. (I) The use and maintenance of an existing cemetery by a qualified land grant-merced. (J) Any other long-established and habitual use conducted by a qualified land grant-merced for noncommercial benefit that— (i) has a sustainable use by the qualified land grant-merced, as determined by the Secretary concerned, in coordination with the New Mexico Land Grant Council; (ii) supports the long-term integrity of the qualified land grant-merced, as determined by the Secretary concerned, in coordination with the New Mexico Land Grant Council; and (iii) is agreed to in writing by the Secretary concerned and the New Mexico Land Grant Council. (5) Indian tribe The term Indian Tribe means the governing body of any individually identified and federally recognized Indian or Alaska Native tribe, band, nation, pueblo, village, community, affiliated Tribal group, or component reservation included on the most recent list published pursuant to section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131(a) ). (6) Memorandum of understanding The term memorandum of understanding means a memorandum of understanding entered into or extended, renewed, or revised under section 3(a)(1). (7) Noncommercial benefit The term noncommercial benefit means a benefit from a use, the primary purpose of which is not the sale of a good or service. (8) 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 Statutes Chapter 49, Articles 1 and 4 (or a successor statute); and (B) (i) has a record of historical or traditional use on Federal land under the jurisdiction of the Secretary concerned; or (ii) has a patented exterior boundary that is or was previously located on or adjacent to Federal land under the jurisdiction of the Secretary concerned. (9) Secretary concerned The term Secretary concerned means the Secretary of Agriculture or the Secretary of the Interior, with respect to Federal land under the jurisdiction of the Secretary of Agriculture or the Secretary of the Interior, respectively. (10) State The term State means the State of New Mexico. 3. Memorandum of understanding on permit requirements and other land use authorizations for historical or traditional uses of qualified land grant-mercedes; reduction or waiver of certain fees (a) Memorandum of understanding (1) In general The Secretary concerned, acting through the appropriate officials of the Department of Agriculture and the Department of the Interior in the State, in consultation with Indian Tribes, shall— (A) not later than 2 years after the date of enactment of this Act, enter into an initial memorandum of understanding with the New Mexico Land Grant Council; and (B) subject to the requirements of this section, on the expiration of the initial memorandum of understanding entered into under subparagraph (A) or any successor memorandum of understanding entered into under this subparagraph— (i) enter into a successor memorandum of understanding with the New Mexico Land Grant Council; or (ii) extend or renew, with any revisions determined to be appropriate by the Secretary concerned and the New Mexico Land Grant Council, the expired memorandum of understanding. (2) Applicable requirements and authorizations (A) In general A memorandum of understanding shall— (i) provide for enhanced cooperation and coordination between the Secretary concerned and qualified land grant-mercedes; (ii) provide for the Secretary concerned, acting through the appropriate officials of the Department of Agriculture and the Department of the Interior, to enter into subsidiary agreements with qualified land grant-mercedes for specific projects consistent with the memorandum of understanding; and (iii) be consistent with, and subject to— (I) applicable Federal laws (including regulations); (II) applicable land use plans; and (III) valid existing rights. (B) Permits and other land use authorizations A memorandum of understanding shall include— (i) a description of the types of historical or traditional uses that— (I) a community user or a governing body of a qualified land grant-merced may conduct for noncommercial benefit on Federal land under the jurisdiction of the Secretary concerned; and (II) require a permit or other land use authorization from the Secretary concerned; (ii) a citation to, and description of, any administrative procedures for obtaining the permit or other land use authorization under clause (i); (iii) a description of— (I) the types of fees, including cost recovery fees and land use fees, that may be associated with a permit or other land use authorization under clause (i); and (II) if applicable, the process to request a reduction or waiver of the fees described in subclause (I) under regulations promulgated by the Secretary concerned; (iv) a description of the process for determining the permissible use of motorized and nonmotorized vehicles and equipment by a community user or the governing body of a qualified land grant-merced for noncommercial historical or traditional use on Federal land under the jurisdiction of the Secretary concerned; (v) a description of the process for determining the permissible use of mechanized vehicles or equipment by a community user or governing body of a qualified land grant-merced for historical or traditional use on Federal land under the jurisdiction of the Secretary concerned; (vi) a description of the process for determining the permissible use of nonnative material by a community user or the governing body of a qualified land grant-merced for any of the uses described in subparagraphs (C) and (D) on Federal land under the jurisdiction of the Secretary concerned; (vii) a description of any applicable restrictions and prohibitions on historical or traditional uses conducted by a qualified land grant-merced on Federal land under the jurisdiction of the Secretary concerned; and (viii) a description of the process, in accordance with applicable law, for consulting with 1 or more Indian Tribes that would be directly affected by a proposed historical or traditional use on Federal land by a qualified land grant-merced. (C) Routine maintenance and minor improvements A memorandum of understanding shall address authorization of routine maintenance and minor improvements of infrastructure used by a qualified land grant-merced in connection with a historical or traditional use on Federal land under the jurisdiction of the Secretary concerned, including— (i) cleaning, repair, or replacement-in-kind of infrastructure; (ii) maintenance of a trail, road, cattle guard, culvert, or fence; (iii) maintenance of a monument or shrine; (iv) maintenance of a community cemetery by a qualified land grant-merced; (v) maintenance of a livestock well, water line, water storage container, or water tank; and (vi) any other routine maintenance or minor improvement associated with historical or traditional uses identified by the New Mexico Land Grant Council during the development of the memorandum of understanding. (D) Major improvements A memorandum of understanding may describe the process for authorizing major improvements of infrastructure of a qualified land grant-merced in connection with a historical or traditional use on Federal land under the jurisdiction of the Secretary concerned, including— (i) construction or expansion of a community water or wastewater system of a qualified land grant-merced; (ii) construction or major repair of a livestock well, water line, water storage container, or water tank of a qualified land grant-merced; (iii) major repair of a monument or shrine of a qualified land grant-merced; (iv) installation of a cattle guard; (v) construction of a trail, road, or fence; (vi) construction or expansion of a community cemetery by a qualified land grant-merced; and (vii) any other major improvement associated with historical or traditional uses, as determined by the Secretary concerned. (E) Notice and comment A memorandum of understanding shall describe the policies and procedures for notice and comment on land management planning decisions and major Federal actions that could affect historical or traditional uses of Federal land by a qualified land grant-merced, and methods of providing the notice, including notice— (i) online; (ii) in print; and (iii) by mail or email to the New Mexico Land Grant Council and Indian Tribes, including through a listserv that would include qualified land grant-mercedes, the New Mexico Land Grant Council, and Indian Tribes. (3) Development, execution, and implementation of memorandum of understanding (A) Role of the new mexico land grant council The New Mexico Land Grant Council may represent qualified land grant-mercedes in developing, executing, and implementing a memorandum of understanding. (B) Role of governing bodies of qualified land grant-mercedes The Secretary concerned may invite representatives of governing bodies of qualified land grant-mercedes to participate in meetings and provide input during the development of a memorandum of understanding. (4) Limitation A memorandum of understanding— (A) shall describe the process for a qualified land grant-merced to obtain authorizations for historical or traditional uses through existing authorities, subject to existing Federal laws (including regulations) and applicable permit and land use authorization requirements; but (B) shall not directly approve or authorize a historical or traditional use described in subparagraph (A). (b) Fees for qualified land grant-Mercedes Where the Secretary concerned is authorized to reduce or waive land use fees or consider the fiscal capacity of the applicant in determining whether to reduce or waive a fee for a land use permit, the Secretary shall consider— (1) the socioeconomic conditions of community users of a qualified land grant-merced; and (2) the annual operating budget of the governing body of the qualified land grant-merced. 4. Consideration and inclusion of provisions with respect to historical or traditional uses in land use planning In developing, maintaining, and revising land use 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 accordance with applicable law, and, as determined to be appropriate by the Secretary concerned, include a section in the applicable land use plan that considers and evaluates the impact of other uses in the land use plan on historical or traditional uses by qualified land grant-mercedes. 5. Effect Nothing in this Act— (1) modifies, limits, expands, or otherwise affects any treaty-reserved right, or any other right of, or obligation to, any Indian Tribe, including treaties or agreements with the United States, Executive orders, statutes, regulations, or case law, that is recognized on or after the date of enactment of this Act by any other means; (2) affects the authority of the State to regulate water use in accordance with all Federal and State laws (including regulations); (3) affects the authority of the State to regulate the management of game and fish, in accordance with all Federal and State laws (including regulations); (4) affects any valid existing rights, or valid permitted authorized uses of, Federal land; or (5) creates any implicit or explicit right to any type of use of Federal land.