,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #cfhb  ,,in ,,the ,,house ,,of  
,,representatives  ,july #aj1 #bjai,mr4 
,lujn introduced the following bill2    
which was referred to the ,committee on 
,natural ,resources  ,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-mercedes1 and for other      
purposes4  #a4 ,short title2 table of   
contents  7a7 ,short title ,this ,act   
may be cited as the ,land ,grant and    
,acequia ,traditional ,use ,recognition 
and ,consultation ,act4  7b7 ,table of  
contents  ,sec4 #a4 ,short title2 table 
of contents4 ,sec4 #b4 ,findings4 ,sec4 
#c4 ,definitions4 ,sec4 #d4 ,notice and 
comment4 ,sec4 #e4 ,guidance on permit  
requirements for qualified land         
grant-mercedes4 ,sec4 #f4 ,special use  
permits not required for routine        

maintenance and minor improvements of   
acequias4 ,sec4 #g4 ,notification to    
permit applicants2 compliance with      
,,nepa4 ,sec4 #h4 ,assistance to        
governing bodies4 ,sec4 #i4 ,spiritual  
and cultural sites4 ,sec4 #aj4 ,process 
for recognition of                      
historical-traditional use boundaries of
 qualified land grant-mercedes4  #b4    
,findings ,congress finds the following3
  7#a7 ,from the #agth to the mid-#aith 
centuries1 the ,governments of ,spain   
and ,mexico made grants of land to      
individuals1 groups1 and communities    
throughout the ,southwest ,united       
,states to promote settlement in        
frontier lands4  7#b7 ,the key land     
ownership feature for a land            
grants-merced was common lands1 meaning 
lands that were not individually owned  
but were considered commons for use by  
all local residents to provide the      
necessary resources to sustain the      
entire community4  7#c7 ,on ,february   
#b1 #ahdh1 the ,united ,states and      

,mexico ended the ,mexican-,american war
 by signing the ,treaty of ,peace1      
,friendship1 ,limits1 and ,settlement   
7commonly known as the ,treaty of       
,guadalupe ,hidalgo71 in which ,mexico  
formally relinquished to the ,united    
,states claims to over #gij1jjj square  
miles of land now constituting all or   
part of ,arizona1 ,california1          
,colorado1 ,nevada1 ,new ,mexico1       
,texas1 ,utah1 and ,wyoming4  7#d7 ,the 
,treaty of ,guadalupe ,hidalgo included 
provisions under article ,,viii for the 
protection of established property      
rights1 including community land grants 
located in the new territories1 and the 
,united ,states and ,mexico further     
affirmed these protections in the       
,protocol of ,queretaro4  7#e7 ,although
 the ,senate struck article ,x of the   
,treaty of ,guadalupe ,hidalgo as       
negotiated1 the ,united ,states         
clarified in the subsequent ,protocol of
 ,queretaro that these grants '''       
preserve the legal value which they may 

possess and the grantees in the new     
territories retained their property     
rights4  7#f7 ,as noted by the          
,government ,accountability ,office in  
the #bjja report ,,gao-#ja-iea1 ,the    
,protocol specified the ,united ,states'
 position that land grant titles would  
be protected under the treaty and that  
grantees could have their ownership of  
land acknowledged before ,american      
tribunals44  7#g7 ,in the second half of
 the #aith century1 the ,united ,states 
enacted various laws establishing       
processes to review property claims in  
the new territories1 such as the ,act of
 ,july #bb1 #ahed 7#aj ,stat4 #cjh2 ch4 
#ajc71 that created the office of       
,surveyor ,general of ,new ,mexico and  
the ,act of ,march #c1 #ahia 7#bf ,stat4
 #hed2 ch4 #eci71 that created the      
,court of ,private ,land ,claims4  7#h7 
,the established processes differed from
 ,state to ,state1 and a history of     
problematic surveys and corruption may  
explain why there was so much acreage   

lost by community land grants and why so
 few survived into modern times as      
self-governing entities administering   
intact common lands4  7#i7 ,studies have
 concluded that for land grant          
communities and community members to    
survive in the non-cash economies prior 
to the mid-#bjth century1 it was        
essential that they have access to the  
common land resources of their own      
private inholdings1 which provided a    
complete resource base for successful   
small-scale family farming and          
stock-raising activities1 upon which the
 local economy was based4  7#aj7 ,new   
,mexico's community land grants1 now    
known as land grant-mercedes1 are an    
important part of the ,state's culture  
and history and have been recognized    
under the ,kearny ,code of #ahdf and    
subsequent territorial laws of ,new     
,mexico and ,new ,mexico ,state law4    
7#aa7 ,article #b1 section #e of the    
constitution of ,new ,mexico states1    
,the rights1 privileges and immunities1 

civil1 political and religious          
guaranteed to the people of ,new ,mexico
 by the ,treaty of ,guadalupe ,hidalgo  
shall be preserved inviolate1 providing 
powerful constitutional protection for  
the rights of the ,state's land grant   
communities4  7#ab7 ,water delivery     
systems known as acequias1 or community 
ditches1 are a centuries-old system used
 for water distribution1 introduced to  
,new ,mexico by the ,spanish in the     
#afth century1 to allow for farming to  
sustain the needs of the community1     
creating a cultural landscape and way of
 life centered around local agriculture4
  7#ac7 ,in ,new ,mexico1 acequias are  
governed by a centuries-old form of     
water governance1 known as acequias1    
that are political subdivisions of the  
,state and are composed of a board of   
private land owners that are responsible
 for the upkeep and maintenance of the  
acequias and for monitoring and         
administering surface water rights along
 the acequia4  7#ad7 ,in ,new ,mexico1  

acequias have created a cultural        
landscape and way of life centered      
around local agriculture1 water         
governance1 and a custom of sharing     
scarce water4  #c4 ,definitions ,in this
 ,act3 7#a7 ,community users ,the term  
community user means--  7,a7 with       
respect to a qualified acequia1 an      
individual who is the legal owner of a  
water right on a qualified acequia2 and 
7,b7 with respect to a qualified land   
grant-merced1 an heir as defined by     
,n4,m4 ,stat4  #di-a-a4a4  7#b7         
,governing body ,the term governing     
body--  7,a7 with respect to a qualified
 acequia1 means the board composed of   
private land owners 7known as           
commissioners7 for such qualified       
acequia1 as provided in ,n4,m4 ,stat4   
#gc-b-ab and recognized as a political  
subdivision of the ,state under ,n4,m4  
,stat4  #gc-b-bh2 and  7,b7 with respect
 to a qualified land grant-merced1 means
 the board of trustees charged under    
,state law with the control1 care1 and  

management of the qualified land        
grant-merced4  7#c7                     
,historical-traditional use boundary    
,the term historical-traditional use    
boundary1 with respect to a land        
grant-merced1 means the boundary        
recognized under the process described  
in section #aj4  7#d7 ,patent boundary  
,the term patent boundary1 with respect 
to a land grant-merced1 means the       
boundary in the official survey that    
accompanied the land patent issued by   
the ,united ,states for a land          
grant-merced claim at the conclusion of 
the adjudication process required by the
 ,treaty of ,guadalupe ,hidalgo4  7#e7  
,qualified acequia ,the term qualified  
acequia means a waterway in the ,state  
recognized as an acequia or a community 
ditch under ,state or ,federal law1     
including the diversions1 storage       
facilities1 and easements of such       
waterway4  7#f7 ,qualified land         
grant-merced ,the term qualified land   
grant-merced-- 7,a7 means a community   

land grant issued under the laws or     
customs of ,spain or ,mexico that       
received a patent from the ,united      
,states or has been recognized under    
,state law2 and  7,b7 includes land--   
7i7 with respect to a land grant-merced 
that has not completed the process under
 section #aj1 within the patent boundary
 of such land grant-merced2 and  7ii7   
with respect to a land grant-merced that
 has completed the process under section
 #aj1 the historical-traditional use    
boundary of such land grant-merced4     
7#g7 ,state ,the term ,state means the  
,state of ,new ,mexico4  7#h7 ,secretary
 concerned ,the term ,secretary         
concerned means--  7,a7 if the qualified
 acequia or qualified land grant-merced 
concerned is located on land under the  
administration of the ,secretary of     
,agriculture1 or adjacent to such land1 
the ,secretary of ,agriculture2 or  7,b7
 if the qualified acequia or qualified  
land grant-merced concerned is located  
on land under the administration of the 

,secretary of the ,interior1 or adjacent
 to such land1 the ,secretary of the    
,interior4  #d4 ,notice and comment  7a7
 ,notice and comment process ,not less  
than #ij days before the ,secretary     
adopts1 amends1 or revises a management 
plan for1 or before the ,secretary      
conducts an action for which a detailed 
statement is required under section     
#ajb7b77;,c7 of the ,national           
,environmental ,policy ,act of #aifi    
7#db ,u4,s4,c4 #dcba et seq47 to be     
conducted on1 any ,federal land that    
contains any portion of a qualified land
 grant-merced1 or any ,federal land that
 is adjacent to or nearby a qualified   
land grant-merced1 the ,secretary       
concerned shall--  7#a7 provide written 
notice and an opportunity for comment   
to-- 7,a7 the governing body of the     
qualified land grant-merced using the   
mailing address and electronic address  
on file in the database established     
under subsection 7c72 and  7,b7 the     
relevant ,state agency thats purpose is 

to serve as a liaison between land      
grants-mercedes and the ,federal        
,government2  7#b7 hold not less than #b
 meetings with the governing body of the
 qualified land grant-merced on the     
proposed adoption1 amendment1 or        
revision of the management plan1 or the 
proposed action1 within the immediate   
vicinity of the qualified land          
grant-merced2 and  7#c7 not less than   
#cj days before each public meeting1    
notify the governing body of the        
qualified land grant-merced of the date1
 time1 location1 and subject matter of  
such public meeting4  7b7 ,notification 
of final plan ,not less than #aj days   
after the ,secretary adopts1 amends1 or 
revises a management plan for any       
,federal land that contains any portion 
of a qualified land grant-merced1 or any
 ,federal land that is adjacent to any  
land grant-merced1 the ,secretary       
concerned shall--  7#a7 provide written 
notice to the governing body of the     
qualified land grant-merced using the   

mailing address and electronic address  
on file in the database established     
under subsection 7c72 and  7#b7 publish 
notice of availability of the final plan
 in a local newspaper4  7c7 ,database of
 governing bodies ,the ,secretary       
concerned shall maintain and            
periodically update a database of the   
mailing address and1 if available1      
electronic address of each governing    
body of a qualified land grant-merced4  
,the ,secretary concerned shall be      
responsible for verifying the           
information in the database is correct  
before providing any notice required by 
this section4  7d7 ,evaluation ,before  
the ,secretary adopts1 amends1 or       
revises a management plan for1 or before
 the ,secretary conducts an action for  
which a detailed statement is required  
under section #ajb7b77;,c7 of the       
,national ,environmental ,policy ,act of
 #aifi 7#db ,u4,s4,c4 #dcba et seq47 to 
be conducted on any ,federal land that  
contains any portion of a qualified land

 grant-merced1 or any ,federal land that
 is adjacent to or nearby a qualified   
land grant-merced1 the ,secretary       
concerned shall1 in consultation with   
the governing body of the qualified land
 grant-merced1 evaluate the potential   
impact of the adoption1 amendment1 or   
revision1 or the proposed action1 on the
 ability of the relevant community users
 and governing body of the qualified    
land grant-merced to carry out the      
historical-traditional uses described in
 section #e4  7e7 ,mitigation ,if the   
,secretary determines that a the        
adoption1 amendment1 or revision of a   
management plan1 or the proposed action1
 may result in an adverse impact to a   
historical-traditional use described in 
section #e of relevant community users  
or governing body of the qualified land 
grant-merced1 the ,secretary shall1 to  
the maximum extent practical and        
consistent with the purposes1 policies1 
and programs of ,federal laws and       
regulations applicable1 mitigate such   

adverse impact4  #e4 ,guidance on permit
 requirements for qualified land        
grant-mercedes  7a7 ,in general ,not    
later than #a year after the date of the
 enactment of this ,act1 the ,secretary 
concerned1 in consultation with the     
governing bodies of a qualified land    
grant-merced1 shall issue written       
guidance for each of the uses described 
in paragraphs 7#a7 through 7#c7 of      
subsection 7c7 on--  7#a7 what          
activities conducted by a community user
 or governing body of a qualified land  
grant-merced1 or a contractor of such a 
governing body1 on such qualified land  
grant-merced require the community user 
or governing body of the qualified land 
grant-merced to obtain a permit from the
 ,secretary concerned2  7#b7 what       
administrative procedures must be       
followed to obtain such permit2  7#c7   
what fees are required to obtain such   
permit2  7#d7 the permissible use of    
motorized and non-motorized vehicles by 
community users or the governing body of

 a qualified land grant-merced on such  
qualified land grant-merced to carry out
 each of the uses described in          
paragraphs 7#a7 through 7#c7 of         
subsection 7c7 on such qualified land   
grant-merced2  7#e7 permissible use of  
mechanized equipment by community users 
or the governing body of a qualified    
land grant-merced on such qualified land
 grant-merced to carry out each of the  
uses described in paragraphs 7#a7       
through 7#c7 of subsection 7c7 on such  
qualified land grant-merced2 and  7#f7  
permissible use of non-native materials 
by community users or the governing body
 of a qualified land grant-merced to    
carry out each of the uses described in 
paragraphs 7#a7 through 7#c7 of         
subsection 7c7 on such qualified land   
grant-merced4  7b7 ,fees for qualified  
land grant-,mercedes  7#a7 ,in general  
,when determining the fees referred to  
in subsection 7a77#c71 the ,secretary   
concerned shall consider the            
socio-economic conditions of community  

users and the annual operating budgets  
of governing bodies of qualified land   
grant-mercedes4  7#b7 ,fees for         
historical-traditional uses ,the        
,secretary concerned shall waive any fee
 to obtain a permit for a               
historical-traditional use to be        
conducted by a community user or        
governing body of a qualified land      
grant-merced on such qualified land     
grant-merced1 except that the ,secretary
 is not required under this paragraph to
 waive a fee to obtain a permit for     
grazing4  7c7 ,definitions ,for the     
purposes of this section3 7#a7          
,historical-traditional uses            
,historical-traditional uses on a       
qualified land grant-merced on ,federal 
land are--  7,a7 use of water2  7,b7    
religious and cultural use2  7,c7       
gathering herbs2  7,d7 gathering wood   
products2  7,e7 gathering flora and     
botanical products2  7,f7 grazing1 to   
the extent that grazing has             
traditionally been carried out on such  

land2  7,g7 recreation2  7,h7 hunting   
and fishing2  7,i7 soil and rock        
gathering2 and  7,j7 any other          
traditional activity that has           
sustainable beneficial community uses   
that support the long-term cultural and 
socio-economic integrity of the         
community and that is agreed to in      
writing by the ,secretary concerned and 
the governing body of the relevant      
qualified land grant-merced4  7#b7      
,routine maintenance and minor          
improvements ,routine maintenance and   
minor improvements on a qualified land  
grant-merced on ,federal land are-- 7,a7
 cleaning1 repair1 or replacement in    
kind of infrastructure2  7,b7           
maintenance and upkeep of a trail1 road1
 or fence2  7,c7 maintenance and upkeep 
of a monument or shrine2  7,d7          
maintenance and upkeep of a community   
cemetery2  7,e7 maintenance and upkeep  
of a livestock well or water tank2 and  
7,f7 any other traditional activity that
 preserves the state of the qualified   

land grant-merced1 as agreed to in      
writing by the ,secretary concerned and 
the governing body of the qualified land
 grant-merced4  7#c7 ,major improvements
 ,major improvements on a qualified land
 grant-merced on ,federal land are--    
7,a7 construction or expansion of a     
community water or wastewater system2   
7,b7 construction or major repair of a  
livestock well or water tank2  7,c7     
construction or major repair of a       
monument or shrine2  7,d7 installation  
of a cattle guard2  7,e7 construction of
 a trail1 road1 or fence2 and  7,f7     
construction or expansion of a cemetery4
  #f4 ,special use permits not required 
for routine maintenance and minor       
improvements of acequias  7a7 ,in       
general ,special use permits shall not  
be required for the presence of or use  
of water from a qualified acequia on    
,federal land or for routine maintenance
 and minor improvements conducted by a  
community user1 governing body or       
employee of a qualified acequia on a    

qualified acequia on ,federal land4  7b7
 ,routine maintenance and minor         
improvements ,for purposes of this      
section1 routine maintenance and minor  
improvements on a qualified acequia on  
,federal land are--  7#a7 cleaning1     
maintenance1 repair1 or replacement in  
kind of infrastructure2  7#b7 annual    
ditch cleaning1 including removal of    
silt2 and  7#c7 any other traditional   
activity that preserves the state of the
 qualified acequia1 as agreed to in     
writing by the ,secretary concerned and 
the governing body of the qualified     
acequia4  #g4 ,notification to permit   
applicants2 compliance with ,,nepa  7a7 
,notification to permit applicants  7#a7
 ,in general ,not later than #de days   
after receiving a request for a permit  
from a governing body1 the ,secretary   
concerned shall provide a written       
response to the governing body notifying
 the governing body that--  7,a7 the    
permit has been approved2  7,b7 the     
permit has been denied1 including a     

description of why the permit was       
denied2 or  7,c7 such activity requires 
an environmental assessment or          
environmental impact statement1 as      
applicable1 before a permit may be      
issued for the activity4  7b7           
,compliance with ,,nepa ,in any case in 
which an environmental assessment or    
environmental impact statement is       
required under the ,national            
,environmental ,policy ,act of #aifi    
7#db ,u4,s4,c4 #dcba et seq47 for an    
activity for which a governing body has 
requested a permit from the ,secretary  
concerned to conduct such activity on a 
qualified acequia or qualified land     
grant-merced on ,federal land1 and for  
which the ,secretary has not denied the 
permit under subsection 7a77#c71 the    
,secretary shall--  7#a7 estimate the   
time necessary to complete such         
environmental assessment or             
environmental impact statement2  7#b7   
not later than #cj days after receiving 
the request for a permit from a         

governing body1 notify the governing    
body of such estimation2 and  7#c7 not  
later than #cj days after completing all
 action required under such ,act for    
such activity-- 7,a7 issue such permit  
to the community user or governing body2
 or  7,b7 notify the community user or  
governing body that the request for a   
permit has been denied4  7c7 ,failure   
,to time estimate ,if the ,secretary    
concerned fails to prepare an           
environmental assessment or             
environmental impact statement within   
the respective time period estimated    
under subsection 7b77#a71 then the      
,secretary shall--  7#a7 notify the     
governing body in writing of the delay2 
7#b7 notify ,congress in writing of the 
delay2  7#c7 make a new estimate of the 
time necessary to complete such         
environmental assessment or             
environmental impact statement2 and     
7#d7 not later than #cj days after the  
end of the respective time period       
estimated under subsection 7b77#a7      

notify the governing body of such new   
estimation4  7d7 ,cost of ,,nepa        
compliance ,in consideration of the     
socio-economic conditions of community  
users and the annual operating budgets  
of governing bodies of qualified        
acequias and qualified land             
grant-mercedes1 the ,secretary concerned
 may waive any cost-share requirement on
 the community user or the governing    
body of a qualified acequia or qualified
 land grant-merced with respect to the  
cost of compliance with the ,national   
,environmental ,policy ,act of #aifi    
7#db ,u4,s4,c4 #dcba et seq47 for an    
activity to be conducted on a qualified 
acequia or qualified land grant-merced  
on ,federal land by a community user or 
governing body of a qualified acequia or
 qualified land grant-merced for which  
the ,secretary has required such        
community user or governing body of a   
qualified acequia or qualified land     
grant-merced to obtain a permit from the
 ,secretary4  #h4 ,assistance to        

governing bodies ,not later than #fj    
days after a governing body requests in 
writing assistance from the ,secretary  
concerned to explain or clarify a       
process of the agency relating to the   
agency's interaction with the governing 
body1 the ,secretary shall provide such 
assistance in writing to the governing  
body4  #i4 ,spiritual and cultural sites
  7a7 ,identification of spiritual and  
cultural sites  7#a7 ,identification    
before a management plan is adopted1    
amended1 or revised ,not less than #a   
year before a management plan is        
adopted1 or the first time a management 
plan is amended or revised after the    
date of the enactment of this ,act1 for 
any ,federal land that contains any     
portion of a qualified land             
grant-merced1 the ,secretary concerned  
shall1 in consultation with governing   
body of such qualified land             
grant-merced1 identify all spiritual and
 cultural sites located on such ,federal
 land4  7#b7 ,identification before     

disposal ,not less than #ahj days before
 any ,federal land that contains any    
portion of a qualified land grant-merced
 is disposed of pursuant to section #bjb
 of the ,federal ,land ,policy and      
,management ,act of #aigf 7#dc ,u4,s4,c4
 #agab71 the ,secretary concerned shall1
 in consultation with governing body of 
such qualified land grant-merced1       
identify all spiritual and cultural     
sites located on such ,federal land4    
7b7 ,notification required ,before      
disposing of ,federal land that contains
 any portion of a qualified land        
grant-merced upon which a spiritual and 
cultural site is located1 and before    
acquiring any non-,federal land upon    
which a spiritual and cultural site is  
located1 the ,secretary concerned shall 
notify the governing body of such       
qualified land grant-merced4  7c7       
,revision of guidance ,the ,secretary   
shall revise any guidance applicable to 
the disposal of such land to encourage  
conveyances1 leases1 exchanges1 modified

 competitive sales1 or direct sales to  
the governing body of such qualified    
land grant-merced1 as appropriate and   
consistent with the purposes1 policies1 
and programs of ,federal laws and       
regulations applicable to these lands4  
7d7 ,definition of spiritual and        
cultural site ,in this section1 the term
 spiritual and cultural site means a    
cemetery1 pilgrimage site1 shrine1 or   
similar site that has a spiritual or    
cultural significance for the community 
users of a land grant-merced1 as        
determined by the ,secretary1 of the    
relevant land grant-merced4  #aj4       
,process for recognition of             
historical-traditional use boundaries of
 qualified land grant-mercedes  7a7     
,submission of proposed boundaries      
,during the #e-year period beginning on 
the date of the enactment of this ,act1 
a governing body of a qualified land    
grant-merced may submit to the ,forest  
,supervisor or ,field ,manager1 as      
appropriate1 of the ,secretary concerned

 the governing body's interpretation of 
the historical-traditional use          
boundaries using geographical and       
historical evidence supported by maps   
and documentation4  7b7 ,acceptable     
sources of records ,acceptable          
documentation for the purposes of       
subsection 7a7 includes records from the
 following sources3  7#a7 ,the ,national
 ,archives and ,records ,administration 
in ,washington1 ,,dc1 ,regional         
,archives and ,presidential ,libraries4 
7#b7 ,archivo ,general de la ,nacin     
7,mexico ,city71 ,archivo de la ,real   
,audiencia de ,la ,nueva ,galicia       
7,guadalajara71 ,archivos ,generales de 
,indias1 ,simancas y de la ,corona de   
,aragn 7,seville71 ,archivo ,general de 
,simancas 7,valladolid71 ,biblioteca    
,nacional 7,madrid71 and the national   
archives of other countries4  7#c7 ,the 
,new ,mexico ,state ,records ,center and
 ,archives1 ,california ,state ,library1
 and archives and libraries of other    
,states4  7#d7 ,the ,department of the  

,interior1 the ,department of           
,agriculture1 and other ,federal        
agencies4  7#e7 ,the ,university of ,new
 ,mexico1 including the ,center for     
,southwest ,research1 the ,zimmerman    
,library1 the ,special ,collections at  
the ,university of ,new ,mexico ,law    
,library1 the ,spanish ,colonial        
,research ,center1 the ,university of   
,new ,mexico ,land ,grant ,studies      
,program1 ,bancroft ,library at the     
,university of ,california1 ,berkley1   
and other university archives and       
special collections4  7#f7 ,the primary 
sources cited in3 the ,master of ,laws  
7,l4,l4,m47 thesis by ,j4,j4 ,bowden at 
,southern ,methodist ,university ,law   
,school entitled ,private land ,claims  
in ,the ,southwest1 the ,government     
,accountability ,office ,reports        
,,gao-#ja-iea and ,,gao-#jd-ei1 and the 
,benavides and ,golten ,study in the    
,natural ,resources ,journal1 ,vol4 #dh1
 ,fall #bjjh4  7#g7 ,office of the      
,attorney ,general of the ,state of ,new

 ,mexico1 the ,new ,mexico ,land ,grant 
,council1 and other agencies of the     
,state4  7#h7 ,state ,legislative       
,records4  7#i7 ,records of courts1     
counties1 and municipalities4  7#aj7    
,records of members of ,congress not    
included in the ,national ,archives4    
7#aa7 ,authenticated records of land    
grant-mercedes1 pueblos1 tribes1 and    
private entities4  7c7 ,notice of       
receipt of materials ,not later than #fj
 days after receipt of a submission     
pursuant to subsection 7a71 the ,forest 
,supervisor1 ,field ,manager1 or other  
similarly situated authority1 as        
appropriate1 of the ,secretary concerned
 shall notify the governing body that   
the submission was received4  7d7       
,process for determination of           
historical-,traditional use boundaries  
7#a7 ,in general ,not later than #ad    
months after receipt of a submission    
pursuant to subsection 7a71 the ,forest 
,supervisor or ,field ,manager1 or other
 similarly situated authority1 as       

appropriate1 of the ,secretary concerned
 shall--  7,a7 approve of the           
historical-traditional use boundaries as
 proposed by the qualified land         
grant-merced governing body2 or  7,b7   
offer an alternative                    
historical-traditional use boundary     
using geographical and historical       
evidence supported by maps and          
documentation4  7#b7 ,alternative       
historical-traditional use boundary ,if 
an alternative historical-traditional   
use boundary is offered by the ,forest  
,supervisor or ,field ,manager1 or other
 similarly situated authority1 as       
appropriate1 of the ,secretary concerned
 under paragraph 7#a77;,b71 then the    
governing body of the qualified land    
grant-merced shall have #ahj days to    
accept the alternative                  
historical-traditional use boundary4    
7#c7 ,step-by-step negotiation process  
to determine historic-traditional use   
boundaries of a land grant-merced ,if an
 alternative historical-traditional use 

boundary is offered by the ,forest      
,supervisor or ,field ,manager1 or other
 similarly situated authority1 as       
appropriate1 of the ,secretary concerned
 under paragraph 7#a77;,b7 and the      
governing body of the qualified land    
grant-merced does not accept the        
boundary within the #ahj-;day period    
described in paragraph 7#b71 then a     
negotiation process shall take place as 
follows3  7,a7 ,regional level ,the     
governing body of the qualified land    
grant-merced and the ,regional ,forester
 or ,state ,director1 or other similarly
 situated authority1 as appropriate1    
shall--  7i7 jointly notify the relevant
 ,forest ,supervisor or ,field ,manager1
 or other similarly situated authority1 
as appropriate1 of the ,secretary       
concerned that negotiations have been   
elevated to the regional level2 and     
7ii7 have one year from the date of the 
expiration of the #ahj-;day period      
described in paragraph 7#b7 to negotiate
 an agreement on the                    

historical-traditional use boundary4    
7,b7 ,director level ,if an agreement is
 not reached under subparagraph 7,a71   
then the governing body of the qualified
 land grant-merced and the ,chief of the
 ,forest ,service or the ,director of   
the ,bureau of ,land ,management1 or    
other similarly situated authority1 as  
appropriate1 shall have one additional  
year to negotiate an agreement on the   
historical-traditional use boundary4    
7,c7 ,departmental level ,if an         
agreement is not reached under          
subparagraph 7,b71 then the governing   
body of the qualified land grant-merced 
and the ,secretary concerned shall have 
one additional year to negotiate an     
agreement on the historical-traditional 
use boundary4  7#d7 ,failure of         
negotiation process ,if the negotiation 
process described in paragraph 7#c7 does
 not result in an agreement between the 
governing body of the qualified land    
grant-merced and the ,secretary         
concerned1 or1 if requested by the      

governing body of the qualified land    
grant-merced at any time during the     
negotiation process described in        
paragraph 7#c71 then the ,secretary     
concerned shall1 not later than #ij days
 after the expiration of the time period
 described in paragraph 7#c77;,c71 issue
 a final decision on the                
historical-traditional use boundary of  
the land grant-merced4  7#e7 ,federal   
court ,any decision made under paragraph
 7#d7 shall be appealable to ,federal   
court1 and the court shall hear the case
 de novo4 ,both parties shall submit to 
the court evidence supporting such      
party's interpretation of the           
historical-traditional use boundaries4  
,the court shall determine the          
historic-traditional boundary of the    
land grant-merced that most accurately  
represents the area of historical and   
traditional use4  7#f7 ,management of   
qualified land grant-merced ,management 
of lands located within the patent      
boundary of a qualified land            

grant-merced shall not be affected      
during the negotiation process under    
paragraphs 7#c7 or 7#d7 or the appeal   
process under paragraph 7#e74  7e7      
,amendment of management plan ,to       
reflect historical-,traditional use     
boundaries ,not later than two years    
after the determination of the          
historical-traditional use boundaries of
 a qualified land grant-merced under    
this section1 the ,secretary concerned  
shall--  7#a7 conduct a land survey of  
the historical-traditional use boundary 
of a land grant-merced2  7#b7 create a  
map that depicts such                   
historical-traditional use boundary2 and
  7#c7 amend the management plans for   
appropriate lands in accordance with    
section #d4  7f7 ,treatment of newly    
reconstituted qualified land            
grant-,mercedes ,if a qualified land    
grant-merced is established after the   
date of the enactment of this ,act1 then
 the #e-year period described in        
subparagraph 7a7 shall begin on the date

 of such establishment4