H.R. 2785

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

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

Expand all
Sec. 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.