,,ii  #aahth ,,congress  #b;d ,session  
,s4 #dbga  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #g1       
#bjbd,mr4 ,lujn introduced the following
 bill2 which was read twice and referred
 to the ,committee on ,energy and       
,natural ,resources  ,a ,,bill  ,to     
provide for greater cooperation and     
coordination between the ,federal       
,government and the governing bodies and
 community users of land grant-mercedes 
in ,new ,mexico relating to historical  
or traditional uses of certain land     
grant-mercedes on ,federal public land1 
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the    
,new ,mexico ,land ,grant-,mercedes     
,historical or ,traditional ,use        
,cooperation and ,coordination ,act4    
#b4 ,definitions ,in this ,act3 7#a7    
,community user ,the term community user
 means an heir 7as defined under the    
laws of the ,state7 of a qualified land 
grant-merced4  7#b7 ,federal land  7,a7 
,in general ,the term ,federal land     

means any land or interest in land owned
 by the ,united ,states4  7,b7          
,exclusions ,the term ,federal land does
 not include-- 7i7 land within the      
boundary of an ,indian reservation2     
7ii7 land held in trust or in restricted
 status by the ,united ,states for the  
benefit of-- 7,i7 an ,indian ,tribe2 or 
7,,ii7 an individual ,indian2 or  7iii7 
land held in fee by an ,indian or       
,indian ,tribe that is subject to       
restrictions on alienation by the       
,united ,states4  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 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-merced3 7,a7 ,the use of water in 

accordance with all applicable ,federal 
and ,state laws 7including regulations74
  7,b7 ,gathering herbs in small        
quantities4  7,c7 ,gathering wood       
products in small quantities4  7,d7     
,gathering flora or botanical products  
in small quantities4  7,e7 ,grazing1 to 
the extent that grazing has             
traditionally been carried out on       
,federal land1 as determined by the     
,secretary concerned1 in coordination   
with the ,new ,mexico ,land ,grant      
,council4  7,f7 ,subsistence hunting or 
fishing that is conducted in accordance 
with ,state law4  7,g7 ,soil or rock    
gathering in small quantities4  7,h7    
,the use and maintenance of an existing 
monument or shrine4  7,i7 ,the use and  
maintenance of an existing cemetery by a
 qualified land grant-merced4  7,j7 ,any
 other long-established and habitual use
 conducted by a qualified land          
grant-merced for noncommercial benefit  
that-- 7i7 has a sustainable use by the 
qualified land grant-merced1 as         

determined by the ,secretary concerned1 
in coordination with the ,new ,mexico   
,land ,grant ,council2  7ii7 supports   
the long-term integrity of the qualified
 land grant-merced1 as determined by the
 ,secretary concerned1 in coordination  
with the ,new ,mexico ,land ,grant      
,council2 and  7iii7 is agreed to in    
writing by the ,secretary concerned and 
the ,new ,mexico ,land ,grant ,council4 
7#e7 ,indian tribe ,the term ,indian    
,tribe means the governing body of any  
individually identified and federally   
recognized ,indian or ,alaska ,native   
tribe1 band1 nation1 pueblo1 village1   
community1 affiliated ,tribal group1 or 
component reservation included on the   
most recent list published pursuant to  
section #ajd7;a7 of the ,federally      
,recognized ,indian ,tribe ,list ,act of
 #aiid 7#be ,u4,s4,c4 #eaca7;a774  7#f7 
,memorandum of understanding ,the term  
memorandum of understanding means a     
memorandum of understanding entered into
 or extended1 renewed1 or revised under 

section #c7;a77#a74  7#g7 ,noncommercial
 benefit ,the term noncommercial benefit
 means a benefit from a use1 the primary
 purpose of which is not the sale of a  
good or service4  7#h7 ,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 #di1         
,articles #a and #d 7or a successor     
statute72 and  7,b7 7i7 has a record of 
historical or traditional use on        
,federal land under the jurisdiction of 
the ,secretary concerned2 or  7ii7 has a
 patented exterior boundary that is or  
was previously located on or adjacent to
 ,federal land under the jurisdiction of
 the ,secretary concerned4  7#i7        
,secretary concerned ,the term          
,secretary concerned means the          
,secretary of ,agriculture or the       
,secretary of the ,interior1 with       
respect to ,federal land under the      

jurisdiction of the ,secretary of       
,agriculture or the ,secretary of the   
,interior1 respectively4  7#aj7 ,state  
,the term ,state means the ,state of    
,new ,mexico4  #c4 ,memorandum of       
understanding on permit requirements and
 other land use authorizations for      
historical or traditional uses of       
qualified land grant-mercedes2 reduction
 or waiver of certain fees  7a7         
,memorandum of understanding  7#a7 ,in  
general ,the ,secretary concerned1      
acting through the appropriate officials
 of the ,department of ,agriculture and 
the ,department of the ,interior in the 
,state1 in consultation with ,indian    
,tribes1 shall-- 7,a7 not later than #b 
years after the date of enactment of    
this ,act1 enter into an initial        
memorandum of understanding with the    
,new ,mexico ,land ,grant ,council2 and 
7,b7 subject to the requirements of this
 section1 on the expiration of the      
initial memorandum of understanding     
entered into under subparagraph 7,a7 or 

any successor memorandum of             
understanding entered into under this   
subparagraph-- 7i7 enter into a         
successor memorandum of understanding   
with the ,new ,mexico ,land ,grant      
,council2 or  7ii7 extend or renew1 with
 any revisions determined to be         
appropriate by the ,secretary concerned 
and the ,new ,mexico ,land ,grant       
,council1 the expired memorandum of     
understanding4  7#b7 ,applicable        
requirements and authorizations  7,a7   
,in general ,a memorandum of            
understanding shall-- 7i7 provide for   
enhanced cooperation and coordination   
between the ,secretary concerned and    
qualified land grant-mercedes2  7ii7    
provide for the ,secretary concerned1   
acting through the appropriate officials
 of the ,department of ,agriculture and 
the ,department of the ,interior1 to    
enter into subsidiary agreements with   
qualified land grant-mercedes for       
specific projects consistent with the   
memorandum of understanding2 and  7iii7 

be consistent with1 and subject to--    
7,i7 applicable ,federal laws 7including
 regulations72  7,,ii7 applicable land  
use plans2 and  7,,iii7 valid existing  
rights4  7,b7 ,permits and other land   
use authorizations ,a memorandum of     
understanding shall include-- 7i7 a     
description of the types of historical  
or traditional uses that-- 7,i7 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 concerned2 and  7,,ii7       
require a permit or other land use      
authorization from the ,secretary       
concerned2  7ii7 a citation to1 and     
description of1 any administrative      
procedures for obtaining the permit or  
other land use authorization under      
clause 7i72  7iii7 a description of--   
7,i7 the types of fees1 including cost  
recovery fees and land use fees1 that   
may be associated with a permit or other
 land use authorization under clause    

7i72 and  7,,ii7 if applicable1 the     
process to request a reduction or waiver
 of the fees described in subclause 7,i7
 under regulations promulgated by the   
,secretary concerned2  7iv7 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 concerned2  7v7 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 concerned2  7vi7 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 7,c7 and 7,d7
 on ,federal land under the jurisdiction
 of the ,secretary concerned2  7vii7 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 concerned2 and  7viii7 a 
description of the process1 in          
accordance with applicable law1 for     
consulting with #a or more ,indian      
,tribes that would be directly affected 
by a proposed historical or traditional 
use on ,federal land by a qualified land
 grant-merced4  7,c7 ,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 concerned1 including--   
7i7 cleaning1 repair1 or                
replacement-in-kind of infrastructure2  
7ii7 maintenance of a trail1 road1      
cattle guard1 culvert1 or fence2  7iii7 
maintenance of a monument or shrine2    
7iv7 maintenance of a community cemetery
 by a qualified land grant-merced2  7v7 
maintenance of a livestock well1 water  
line1 water storage container1 or water 
tank2 and  7vi7 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       
understanding4  7,d7 ,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      

concerned1 including-- 7i7 construction 
or expansion of a community water or    
wastewater system of a qualified land   
grant-merced2  7ii7 construction or     
major repair of a livestock well1 water 
line1 water storage container1 or water 
tank of a qualified land grant-merced2  
7iii7 major repair of a monument or     
shrine of a qualified land grant-merced2
  7iv7 installation of a cattle guard2  
7v7 construction of a trail1 road1 or   
fence2  7vi7 construction or expansion  
of a community cemetery by a qualified  
land grant-merced2 and  7vii7 any other 
major improvement associated with       
historical or traditional uses1 as      
determined by the ,secretary concerned4 
7,e7 ,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-merced1 and methods

 of providing the notice1 including     
notice-- 7i7 online2  7ii7 in print2 and
  7iii7 by mail or email to the ,new    
,mexico ,land ,grant ,council and       
,indian ,tribes1 including through a    
listserv that would include qualified   
land grant-mercedes1 the ,new ,mexico   
,land ,grant ,council1 and ,indian      
,tribes4  7#c7 ,development1 execution1 
and implementation of memorandum of     
understanding  7,a7 ,role of the new    
mexico land grant council ,the ,new     
,mexico ,land ,grant ,council may       
represent qualified land grant-mercedes 
in developing1 executing1 and           
implementing a memorandum of            
understanding4  7,b7 ,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 understanding4  7#d7      
,limitation ,a memorandum of            

understanding-- 7,a7 shall describe the 
process for a qualified land            
grant-merced to obtain authorizations   
for historical or traditional uses      
through existing authorities1 subject to
 existing ,federal laws 7including      
regulations7 and applicable permit and  
land use authorization requirements2 but
  7,b7 shall not directly approve or    
authorize a historical or traditional   
use described in subparagraph 7,a74  7b7
 ,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 permit1 the         
,secretary shall consider-- 7#a7 the    
socioeconomic conditions of community   
users of a qualified land grant-merced2 
and  7#b7 the annual operating budget of
 the governing body of the qualified    
land grant-merced4  #d4 ,consideration  
and inclusion of provisions with respect

 to historical or traditional uses in   
land use planning ,in developing1       
maintaining1 and revising land use 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 and1 as determined to be           
appropriate by the ,secretary concerned1
 include a section in the applicable    
land use plan that considers and        
evaluates the impact of other uses in   
the land use plan on historical or      
traditional uses by qualified land      
grant-mercedes4  #e4 ,effect ,nothing in
 this ,act-- 7#a7 modifies1 limits1     
expands1 or otherwise affects any       
treaty-reserved right1 or any other     
right of1 or obligation to1 any ,indian 
,tribe1 including treaties or agreements
 with the ,united ,states1 ,executive   
orders1 statutes1 regulations1 or case  

law1 that is recognized on or after the 
date of enactment of this ,act by any   
other means2  7#b7 affects the authority
 of the ,state to regulate water use in 
accordance with all ,federal and ,state 
laws 7including regulations72  7#c7     
affects the authority of the ,state to  
regulate the management of game and     
fish1 in accordance with all ,federal   
and ,state laws 7including regulations72
  7#d7 affects any valid existing       
rights1 or valid permitted authorized   
uses of1 ,federal land2 or  7#e7 creates
 any implicit or explicit right to any  
type of use of ,federal land4