Text of Senate Amendment 6062

Quick facts

Record: Senate Floor
Section type: Amendments
Chamber: Senate
Date: June 24, 2026
Congress: 119th Congress
Why this source matters: This section came from the Senate floor portion of the record.

Readable version of the official text

SA 6062. Mr. LUJAN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title X, add the following:

SEC. 1094. NEW MEXICO LAND GRANT-MERCEDES HISTORICAL OR

TRADITIONAL USE COOPERATION AND COORDINATION.

(a) Definitions.—In this section:

(1) Community user.—The term “community user” means an

heir (as defined under the laws of the State) of a qualified

land grant-merced.

(2) Federal land.—

(A) In general.—The term “Federal land” means any land

under the jurisdiction of the Secretary concerned.

(B) Exclusions.—The term “Federal land” does not

include—

(i) land within the boundary of an Indian reservation;

(ii) land held in trust or in restricted status by the

United States for the benefit of—

(I) an Indian Tribe; or

(II) an individual Indian; or

(iii) land held in fee by an Indian or Indian Tribe that is

subject to restrictions on alienation by the United States.

(3) Governing body.—The term “governing body” means the

board of trustees authorized under State law with the

control, care, and management of a qualified land grant-

merced.

(4) 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-merced:

(A) The use of water in accordance with all applicable

Federal and State laws (including regulations).

(B) Gathering herbs in small quantities.

(D) Gathering flora or botanical products in small

quantities.

(E) Grazing, to the extent that grazing has traditionally

been carried out on Federal land, as determined by the

Secretary concerned, in coordination with the New Mexico Land

Grant Council.

(F) Subsistence hunting or fishing that is conducted in

accordance with State law.

(G) Soil or rock gathering in small quantities.

(H) The use and maintenance of an existing monument or

shrine.

(I) The use and maintenance of an existing cemetery by a

qualified land grant-merced.

(J) Any other long-established and habitual use conducted

by a qualified land grant-merced for noncommercial benefit

that—

(i) has a sustainable use by the qualified land grant-

merced, as determined by the Secretary concerned, in

coordination with the New Mexico Land Grant Council;

(ii) supports the long-term integrity of the qualified land

grant-merced, as determined by the Secretary concerned, in

coordination with the New Mexico Land Grant Council; and

(iii) is agreed to in writing by the Secretary concerned

and the New Mexico Land Grant Council.

(5) Indian tribe.—The term “Indian Tribe” means the

governing body of any individually identified and federally

recognized Indian or Alaska Native tribe, band, nation,

pueblo, village, community, affiliated Tribal group, or

component reservation included on the most recent list

published pursuant to section 104(a) of the Federally

Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131(a)).

(6) Memorandum of understanding.—The term “memorandum of

understanding” means a memorandum of understanding entered

into or extended, renewed, or revised under subsection

(b)(1)(A).

(7) Noncommercial benefit.—The term “noncommercial

benefit” means a benefit from a use, the primary purpose of

which is not the sale of a good or service.

(8) 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—

(A) is recognized under New Mexico Statutes Chapter 49,

Articles 1 and 4 (or a successor statute); and

(B)(i) has a record of historical or traditional use on

Federal land under the jurisdiction of the Secretary

concerned; or

(ii) has a patented exterior boundary that is or was

previously located on or adjacent to Federal land under the

jurisdiction of the Secretary concerned.

(9) Secretary concerned.—The term “Secretary concerned”

means the Secretary of Agriculture or the Secretary of the

Interior, with respect to Federal land under the jurisdiction

of the Secretary of Agriculture or the Secretary of the

Interior, respectively.

(10) State.—The term “State” means the State of New

Mexico.

(b) Memorandum of Understanding on Permit Requirements and

Other Land Use Authorizations for Historical or Traditional

Uses of Qualified Land Grant-mercedes; Reduction or Waiver of

Certain Fees.—

(1) Memorandum of understanding.—

(A) In general.—The Secretary concerned, acting through

the appropriate officials of the Department of Agriculture

and the Department of the Interior in the State, in

consultation with Indian Tribes, shall—

(i) not later than 2 years after the date of enactment of

this Act, enter into an initial memorandum of understanding

with the New Mexico Land Grant Council; and

(ii) subject to the requirements of this subsection, on the

expiration of the initial memorandum of understanding entered

into under clause (i) or any successor memorandum of

understanding entered into under this clause—

(I) enter into a successor memorandum of understanding with

the New Mexico Land Grant Council; or

(II) extend or renew, with any revisions determined to be

appropriate by the Secretary concerned and the New Mexico

Land Grant Council, the expired memorandum of understanding.

(B) Applicable requirements and authorizations.—

(i) In general.—A memorandum of understanding shall—

(I) provide for enhanced cooperation and coordination

between the Secretary concerned and qualified land grant-

mercedes;

(II) provide for the Secretary concerned, acting through

the appropriate officials of the Department of Agriculture

and the Department of the Interior, to enter into subsidiary

agreements with qualified land grant-mercedes for specific

projects consistent with the memorandum of understanding; and

(III) be consistent with, and subject to—

(aa) applicable Federal laws (including regulations);

(bb) applicable land use plans; and

(cc) valid existing rights.

(ii) Permits and other land use authorizations.—A

memorandum of understanding shall include—

(I) a description of the types of historical or traditional

uses that—

(aa) 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

concerned; and

(bb) require a permit or other land use authorization from

the Secretary concerned;

(II) a citation to, and description of, any administrative

procedures for obtaining the permit or other land use

authorization under subclause (I);

(III) a description of—

(aa) the types of fees, including cost recovery fees and

land use fees, that may be associated with a permit or other

land use authorization under subclause (I); and

(bb) if applicable, the process to request a reduction or

waiver of the fees described in item (aa) under regulations

promulgated by the Secretary concerned;

(IV) 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 concerned;

(V) 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 concerned;

(VI) 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 clauses (iii) and (iv) on Federal

land under the jurisdiction of the Secretary concerned;

(VII) 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 concerned; and

(VIII) a description of the process, in accordance with

applicable law, for consulting with 1 or more Indian Tribes

that would be directly affected by a proposed historical or

traditional use on Federal land by a qualified land grant-

merced.

(iii) 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 concerned, including—

(I) cleaning, repair, or replacement-in-kind of

infrastructure;

(II) maintenance of a trail, road, cattle guard, culvert,

or fence;

(III) maintenance of a monument or shrine;

(IV) maintenance of a community cemetery by a qualified

land grant-merced;

(V) maintenance of a livestock well, water line, water

storage container, or water tank; and

(VI) 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 understanding.

(iv) 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 concerned, including—

(I) construction or expansion of a community water or

wastewater system of a qualified land grant-merced;

(II) construction or major repair of a livestock well,

water line, water storage container, or water tank of a

qualified land grant-merced;

(III) major repair of a monument or shrine of a qualified

land grant-merced;

(IV) installation of a cattle guard;

(V) construction of a trail, road, or fence;

(VI) construction or expansion of a community cemetery by a

qualified land grant-merced; and

(VII) any other major improvement associated with

historical or traditional uses, as determined by the

Secretary concerned.

(v) 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-merced, and

methods of providing the notice, including notice—

(I) online;

(II) in print; and

(III) by mail or email to the New Mexico Land Grant Council

and Indian Tribes, including through a listserv that would

include qualified land grant-mercedes, the New Mexico Land

Grant Council, and Indian Tribes.

memorandum of understanding.—

(i) Role of the new mexico land grant council.—The New

Mexico Land Grant Council may represent qualified land grant-

mercedes in developing, executing, and implementing a

memorandum of understanding.

(ii) 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 understanding.

(D) Limitation.—A memorandum of understanding—

(i) shall describe the process for a qualified land grant-

merced to obtain authorizations for historical or traditional

uses through existing authorities, subject to existing

Federal laws (including regulations) and applicable permit

and land use authorization requirements; but

(ii) shall not directly approve or authorize a historical

or traditional use described in clause (i).

(2) 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

permit, the Secretary shall consider—

(A) the socioeconomic conditions of community users of a

qualified land grant-merced; and

(B) the annual operating budget of the governing body of

the qualified land grant-merced.

to Historical or Traditional Uses in Land Use Planning.—In

developing, maintaining, and revising land use plans pursuant

to section 202 of the Federal Land Policy and Management Act

of 1976 (43 U.S.C. 1712) and section 6 of the National Forest

Management Act (16 U.S.C. 1604), as applicable, the Secretary

concerned shall, in accordance with applicable law, and, as

determined to be appropriate by the Secretary concerned,

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-mercedes.

(d) Effect.—Nothing in this section—

(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.

Official source

Download the official section PDF

Readable version of the official text

Linked Context

Official Record

Quick facts

Linked context

Readable version of the official text

Official source