H.R. 2785 — New Mexico Land Grant-Mercedes Historical or Traditional Use Cooperation and Coordination Act

This section defines 10 terms used in the Act, including "(1) qualified land grant-merced," meaning a community land grant in New Mexico recognized under state law (N.M. Stat. Ann. ch. 49, arts. 1 and 4) that has a record of historical or traditional use on or a patented boundary adjacent to federal land; "(2) historical or traditional use," meaning specified noncommercial activities (e.g., gathering herbs or wood products in small quantities, grazing, subsistence hunting or fishing under state law, and maintaining cemeteries or shrines) on federal land; "(3) Federal land," meaning U.S.-owned land or interests excluding Indian reservation boundaries, trust or restricted lands for Indian tribes or individuals, and certain fee lands subject to alienation restrictions; and "(4) Indian Tribe," meaning entities on the most recent Federal Register list published under 25 U.S.C. 5131(a).

This section directs the Secretaries of Agriculture and the Interior, acting through appropriate officials in New Mexico and in consultation with Indian Tribes, to enter into an initial memorandum of understanding (MOU) with the New Mexico Land Grant Council not later than two years after enactment of this Act—and successor MOUs, extensions, or renewals thereafter—to enhance cooperation on permits and land use authorizations for noncommercial historical or traditional uses by qualified land grant-mercedes (i.e., Spanish-era community land grants in New Mexico) on adjacent federal lands. (Qualified land grant-mercedes support community governance of traditional activities such as grazing, water access, and infrastructure maintenance.) The MOU must (1) allow subsidiary agreements for specific projects consistent with federal laws, land use plans, and existing rights; (2) describe permit-requiring historical or traditional uses, associated administrative procedures, fees (including cost recovery and land use fees) and processes for their reduction or waiver, vehicle/equipment use, nonnative materials, restrictions/prohibitions, and Tribal consultation; (3) address authorizations for routine maintenance and minor improvements (e.g., infrastructure cleaning/repair/replacement-in-kind, trails/roads/cattle guards/culverts/fences, monuments/shrines/cemeteries, livestock wells/water lines/tanks); and (4) optionally describe processes for major improvements (e.g., community water/wastewater systems, livestock wells/tanks, monuments/shrines/cattle guards/trails/roads/fences/cemeteries). The MOU must also describe notice-and-comment policies and procedures—including online notice—for land management decisions and major federal actions affecting such uses.

This section directs the Secretary concerned to include, as determined appropriate and in accordance with applicable law, a section in land use plans under the Federal Land Policy and Management Act (FLPMA, 43 U.S.C. 1712) and National Forest Management Act (NFMA, 16 U.S.C. 1604), as applicable, that considers and evaluates the impact of other uses on historical or traditional uses by qualified land grant-mercedes.

This section states that nothing in the Act (1) modifies, limits, expands, or otherwise affects any treaty-reserved right or other right or obligation of any Indian Tribe; (2) affects state authority to regulate water use under federal and state law; (3) affects state authority to regulate game and fish under federal and state law; (4) affects valid existing rights or permitted uses of federal land; or (5) creates any right to use federal land.