,,ib ,union ,calendar ,no4 #die #aafth ,,congress #b;d ,session ,h4 ,r4 #cfhb ,report ,no4 #aaf-fjb ,,in ,,the ,,house ,,of ,,representatives ,july #aj1 #bjai,mr4 ,lujn introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,november #ai1 #bjbj;,additional sponsor3 ,ms4 ,haaland ,november #ai1 #bjbj,reported with amendments2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed,strike out all after the enacting clause and insert the part printed in italic,for text of introduced bill1 see copy of bill as introduced on ,july #aj1 #bjai ,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 title ,this ,act may be cited as the ,land ,grant-,mercedes ,traditional ,use ,recognition and ,consultation ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,acequia ,the term acequia has the meaning of the term community ditch as that term is construed under ,new ,mexico ,stat4 #gc-b-bg4 7#b7 ,community user ,the term community user means an heir 7as defined under the laws of the ,state7 of a qualified land grant-merced4 7#c7 ,governing body ,the term governing body means the board of trustees authorized under ,state law with the control1 care1 and management of a qualified land grant-merced4 7#d7 ,historical-traditional use ,the term historical-traditional use means1 for a qualified land grant-merced1 for noncommercial benefit-- 7,a7 the use of water2 7,b7 religious or cultural use and protection2 7,c7 gathering herbs2 7,d7 gathering wood products2 7,e7 gathering flora or botanical products2 7,f7 grazing1 to the extent that grazing has traditionally been carried out on the land1 as determined by the ,secretary concerned in consultation with the governing body of the affected land grant-merced2 7,g7 hunting or fishing2 7,h7 soil or rock gathering2 and 7,i7 any other traditional activity for noncommercial benefit that-- 7i7 has a sustainable beneficial community use1 as determined by the ,secretary concerned in consultation with the governing body of the affected land grant-merced2 7ii7 supports the long-term cultural and socioeconomic integrity of the community1 as determined by the ,secretary concerned in consultation with the governing body of the affected land grant-merced2 and 7iii7 is agreed to in writing by the ,secretary concerned and the governing body of the qualified land grant-merced4 7#e7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#f7 ,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-- 7,a7 is recognized under ,new ,mexico ,statutes ,chapter #di 7or a successor statute72 and 7,b7 has a historic or cultural record of use of lands under the jurisdiction of a ,secretary concerned or their original or patented exterior boundaries are located adjacent to land under the jurisdiction of a ,secretary concerned4 7#g7 ,secretary concerned ,the term ,secretary concerned means the relevant ,secretary of the ,department of ,agriculture or the ,department of the ,interior1 with respect to land under the jurisdiction of that ,secretary4 7#h7 ,state ,the term ,state means the ,state of ,new ,mexico4 #c4 ,guidance on permit requirements for qualified land grant-mercedes 7a7 ,in general ,in accordance with all relevant laws1 including subchapter ,,ii of chapter #e of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act7 and all applicable environmental laws1 and not later than #b years after the date of the enactment of this ,act1 the ,secretary concerned1 acting through the appropriate officials of the ,department of ,agriculture and ,department of the ,interior in the ,state1 in consultation with the ,new ,mexico ,land ,grant ,council1 the governing bodies of qualified land grant-mercedes1 and ,indian ,tribes1 shall issue the written guidance described in subsection 7b74 7b7 ,contents of guidance 7#a7 ,in general ,written guidance issued under subsection 7a7 shall include-- 7,a7 a description of the historical-traditional uses that-- 7i7 a community user or a governing body of a qualified land grant-merced may conduct for noncommercial use on land under the jurisdiction of the ,secretary concerned2 and 7ii7 require a permit from the ,secretary concerned2 7,b7 administrative procedures for obtaining a permit under subparagraph 7,a72 7,c7 subject to subsection 7c71 the fees required to obtain that permit2 7,d7 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-traditional use on land under the jurisdiction of the ,secretary concerned2 7,e7 the permissible use of mechanized vehicles or equipment by a community user or governing body of a qualified land grant-merced for historical-traditional use on land under the jurisdiction of the ,secretary concerned2 and 7,f7 the permissible use of non-native material by a community user or the governing body of a qualified land grant-merced for any of the uses covered in paragraphs 7#b7 and 7#c7 on land under the jurisdiction of the ,secretary concerned4 7#b7 ,routine maintenance and minor improvements ,written guidance issued under subsection 7a7 shall address routine maintenance and minor improvements of infrastructure owned or used by a qualified land grant-merced on land under the jurisdiction of the ,secretary concerned1 including-- 7,a7 cleaning1 repair1 or replacement-in-kind of infrastructure2 7,b7 maintenance and upkeep of a trail1 road1 cattle guard1 culvert1 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 well1 water lines1 water storage container1 or water tank2 and 7,f7 any other routine maintenance or minor improvement associated with historical-traditional uses identified by any of the entities described in subsection 7a7 in the process of developing the guidance4 7#c7 ,major improvements ,written guidance issued under subsection 7a7 may describe the process for managing major improvements of infrastructure owned or used by a qualified land grant-merced on land under the jurisdiction of the ,secretary concerned1 including-- 7,a7 construction or expansion of a community water or wastewater system2 7,b7 construction or major repair of a livestock well1 water lines1 water storage container1 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 7,f7 construction or expansion of a cemetery2 and 7,g7 any other major improvement associated with historical-traditional uses1 as determined by the ,secretaries concerned4 7#d7 ,notice and comment ,written guidance issued under subsection 7a7 shall set forth the policies and procedures for notice and comment on planning decisions1 routine engagement1 and major ,federal actions that could impact historical-traditional uses of a qualified land grant merced1 and methods of providing notice under subsection 7a71 including-- 7,a7 online public notice2 7,b7 printed public notice2 7,c7 mail1 including certified mail1 and email notifications to governing bodies through a listserv2 and 7,d7 mail1 including certified mail1 and email notifications to the ,land ,grant ,council4 7c7 ,fees for qualified land grant-mercedes ,where the ,secretary concerned is authorized to consider the fiscal capacity of the applicant in determining whether to reduce or waive a fee for a permit for historical-traditional uses1 the ,secretary shall consider-- 7#a7 the socioeconomic conditions of community users2 and 7#b7 the annual operating budgets of governing bodies of qualified land grant-mercedes4 #d4 ,consideration of historical-traditional use in land management planning ,in developing1 maintaining1 and revising land management plans pursuant to section #bjb of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agab7 and section #f of the ,national ,forest ,management ,act 7#af ,u4,s4,c4 #afjd71 as applicable1 the ,secretary concerned shall1 in accordance with applicable law1 consider and1 as appropriate1 provide for and evaluate impacts to historical-traditional uses by qualified land grants-mercedes4 #e4 ,special use permits for routine maintenance and minor improvements of acequias 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary ,agriculture shall initiate procedures under subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code1 to promulgate such regulations as are necessary to carry out and implement the ,forest ,service's ,acequia ,guidance ,document1 dated ,july #b1 #bjai4 7b7 ,publication of proposed regulations ,the ,secretary shall cause to be published in the ,federal ,register proposed regulations to implement this section not later than #ba months after the date of the enactment of this ,act4 7c7 ,expiration of authority ,the authority to promulgate regulations under subsection 7a7 shall expire #cj months after the date of the enactment of this ,act4 7d7 ,extension of deadlines ,the ,secretary may extend1 for not more than #ahj days1 a deadline under subsection 7b7 or 7c7 if-- 7#a7 the negotiated rulemaking committee referred to in subsection 7e7 concludes that the committee cannot meet the deadline2 and 7#b7 the ,secretary so notifies the appropriate committees of ,congress4 7e7 ,committee 7#a7 ,establishment ,the ,secretary shall ensure that a negotiated rulemaking committee is established under section #efe of title #e1 ,united ,states ,code1 to carry out this section4 7#b7 ,members ,the members of the committee shall be-- 7,a7 the relevant ,regional ,forester 7or a designee of the relevant ,regional ,forester72 and 7,b7 the selected representative of a nongovernmental organization identified by the ,secretary of ,agriculture as having a statewide acequia membership1 nominated by such organization to the ,secretary of ,agriculture4 7#c7 ,requirements ,the committee shall confer with1 and accommodate participation by-- 7,a7 representatives of any agency or commission of the ,state government established or designated by the ,state to advise public officials on proposed legislation affecting acequias2 and 7,b7 ,state acequia elected officials4 7f7 ,effect ,the lack of promulgated regulations shall not limit the effect of the ,forest ,service's ,acequia ,guidance ,document1 dated ,july #b1 #bjai4 #f4 ,savings ,nothing in this ,act shall be construed-- 7#a7 to impact the ,state's authority to regulate water rights1 in conformance with all ,state and ,federal laws and regulations2 7#b7 to impact the ,state's authority to regulate the management of game and fish1 in conformance with all ,state and ,federal laws and regulations2 7#c7 to impact any valid existing rights or valid permitted uses1 including grazing permits2 7#d7 to create any implicit or explicit right to grazing on ,federal lands2 or 7#e7 to alter or diminish any rights reserved for an ,indian ,tribe or members of an ,indian ,tribe by treaty or ,federal law4 ,amend the title so as to read3 ,a bill to provide for greater consultation between the ,federal ,government and the governing bodies and community users of land grant-mercedes in ,new ,mexico1 to provide for a process for recognition of the historic-traditional uses of land grant-mercedes1 and for other purposes44 ,november #ai1 #bjbj,reported with amendments2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed