HR2785-119

What This Bill Does

The New Mexico Land Grant-Mercedes Historical or Traditional Use Cooperation and Coordination Act creates a federal coordination process for historic New Mexico community land grants. It defines qualified land grant-mercedes, community users, federal lands, and historical or traditional noncommercial uses such as water use, small-quantity herb, wood, flora, soil, and rock gathering, traditional grazing, subsistence hunting or fishing under State law, and maintenance of monuments, shrines, and cemeteries. Within two years, the Agriculture or Interior Secretary, through New Mexico officials and in consultation with Indian Tribes, must enter an MOU with the New Mexico Land Grant Council describing permit procedures, fees and fee-waiver processes, vehicle and equipment rules, restrictions, tribal consultation, maintenance and minor improvements, notice procedures for land planning decisions, and consideration of socioeconomic conditions. Land-use plans must consider impacts on historical or traditional uses. The bill preserves tribal treaty rights, State water and game authority, valid existing rights, and existing federal land-use limits.

Who Benefits and How

New Mexico land grant-mercedes benefit because federal land managers must document permit pathways and coordinate on historical or traditional uses. Community users benefit because the MOU must cover noncommercial uses such as wood gathering, herb gathering, grazing, water use, cemeteries, monuments, and shrines. The New Mexico Land Grant Council benefits because it can represent qualified land grant-mercedes in developing and implementing MOUs. Federal land planners benefit from a clearer process for notice, consultation, and consideration of traditional uses in land-use plans.

Who Bears the Burden and How

Secretary of Agriculture land managers must negotiate MOUs, consider fee reductions, and include traditional-use analysis in applicable plans. Secretary of the Interior land managers must handle the same MOU, permit, consultation, and planning obligations on Interior lands. Indian Tribes must be consulted on proposed uses that would directly affect them, while the bill preserves treaty and other rights. Other federal land users may face planning attention to historical or traditional uses by qualified land grant-mercedes.

Key Provisions

• Defines historical or traditional noncommercial uses by qualified New Mexico land grant-mercedes on federal land.
• Requires an initial MOU with the New Mexico Land Grant Council within two years and successor or renewed MOUs afterward.
• Requires MOUs to describe permit processes, fees, vehicle rules, restrictions, tribal consultation, maintenance, and planning notice.
• Directs federal land-use plans to consider impacts on historical or traditional uses where appropriate.
• Protects tribal rights, State water and game authority, valid existing rights, and existing federal land-use limits.