New Mexico Land Grant-Mercedes Historical or Traditional Use Cooperation and Coordination Act

(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.