H.R. 2785

119th CONGRESS 1st Session

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 land, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES · April 9, 2025 · Sponsor: Ms. Leger Fernandez · Committee: Committee on Natural Resources

Table of contents

• H.R. 2785
  • SEC. 1. Short title
  • SEC. 2. Definitions
  • SEC. 3. 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
  • SEC. 4. Consideration and inclusion of provisions with respect to historical or traditional uses in land use planning
  • SEC. 5. Effect

SEC. 1. Short title

• This Act may be cited as the New Mexico Land Grant-Mercedes Historical or Traditional Use Cooperation and Coordination Act.

SEC. 2. Definitions

• In this Act:
  • The term community user means an heir (as defined under the laws of the State) of a qualified land grant-merced.
  • 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.
  • 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:
  • 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)
  • The term memorandum of understanding means a memorandum of understanding entered into or extended, renewed, or revised under section 3(a)(1).
  • The term noncommercial benefit means a benefit from a use, the primary purpose of which is not the sale of a good or service.
  • 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—
  • 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.
  • The term State means the State of New Mexico.

SEC. 3. 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

• (a) Memorandum of understanding
  • (1) 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—
      • 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
      • subject to the requirements of this section, on the expiration of the initial memorandum of understanding entered into under subparagraph (A) or any successor memorandum of understanding entered into under this subparagraph—
        • (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.
  • (2) Applicable requirements and authorizations
    • (A) 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—
        • applicable Federal laws (including regulations);
        • applicable land use plans; and
        • valid existing rights.
    • (B) Permits and other land use authorizations
      • A memorandum of understanding shall include—
        • (i) a description of the types of historical or traditional uses that—
        • 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
        • 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 clause (i);
        • (iii) a description of—
        • 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 clause (i); and
        • if applicable, the process to request a reduction or waiver of the fees described in subclause (I) 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;

SEC. 4. Consideration and inclusion of provisions with respect 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 () and section 6 of the National Forest Management Act (), 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. 43 U.S.C. 1712; 16 U.S.C. 1604

SEC. 5. Effect

• Nothing in this Act—
  • 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;
  • affects the authority of the State to regulate water use in accordance with all Federal and State laws (including regulations);
  • affects the authority of the State to regulate the management of game and fish, in accordance with all Federal and State laws (including regulations);
  • affects any valid existing rights, or valid permitted authorized uses of, Federal land; or
  • creates any implicit or explicit right to any type of use of Federal land.