H.R. 2785
New Mexico Land Grant-Mercedes Historical or Traditional Use Cooperation and Coordination Act
Sponsor: Teresa Leger Fernandez · 1 cosponsor
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Official summary
Written by the Congressional Research Service.
New Mexico Land Grant-Mercedes Historical or Traditional Use Cooperation and Coordination Act
This bill directs the Bureau of Land Management (BLM) and the Forest Service to enter a memorandum of understanding with the New Mexico Land Grant Council to describe existing processes that land grants-mercedes may use to obtain authorization for historical, traditional, or other uses of federal lands.
Land grants-mercedes were created when Spain and Mexico issued grants of land to communities or individuals. When the United States acquired the land, including New Mexico, a process was created for adjudicating and recognizing these property rights. During that process, most land grants-mercedes lands became federal lands. Today, New Mexico recognizes 27 community land grants-mercedes as political subdivisions.
When entering into the memorandum of understanding, the BLM and the Forest Service must consult with Indian tribes.
The memorandum of understanding must provide for (1) enhanced cooperation and coordination between the BLM, the Forest Service, and qualified land grants-mercedes; and (2) subsidiary agreements with certain land grants-mercedes for specific projects.
Additionally, the bill outlines what the memorandum of understanding must describe, such as the procedures for notice and comments on land management planning decisions.
Finally, the BLM and the Forest Service must include in land use plans a section that evaluates the impact of other uses in the plan on historical or traditional uses by land grants-mercedes.
Text of the bill
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.