S. 1363: New Mexico Land Grant-Mercedes Historical or Traditional Use Cooperation and Coordination Act

This bill, titled the "New Mexico Land Grant-Mercedes Historical or Traditional Use Cooperation and Coordination Act," aims to enhance collaboration between the federal government and local governing bodies associated with historical land grants, known as "land grant-mercedes," in New Mexico. It specifically addresses the use of federal lands by these communities for traditional, noncommercial purposes.

Key Provisions of the Bill

• Definitions: The bill defines terms such as "community user," "federal land," "governing body," and "historical or traditional use." Key points include:
  • Community user: An heir of a qualified land grant-merced.
  • Federal land: Any land owned by the United States, excluding Indian reservations and land held in trust.
  • Governing body: A board of trustees managing a qualified land grant-merced.
• Memorandum of Understanding (MOU): The bill requires the Secretary of Agriculture or the Secretary of the Interior to enter into an MOU with the New Mexico Land Grant Council within two years. This agreement will:
  • Outline cooperation between federal officials and qualified land grants.
  • Establish processes for obtaining permits for historical or traditional uses on federal land.
  • Detail how to request reductions or waivers of fees associated with the land use authorizations.
• Types of Traditional Uses: The bill specifies several traditional activities that can occur on federal land by qualified lands, which include:
  • Water use
  • Gathering herbs, wood, flora, and soil
  • Grazing
  • Subsistence hunting and fishing
  • Maintenance of monuments, shrines, and cemeteries
• Land Use Planning: The bill requires that when developing land use plans, the secretaries must consider the historical or traditional uses by qualified land grants and evaluate the impacts of other uses on these traditional uses.
• Fee Considerations: When determining fees for land use permits, the economic conditions of community users and the annual budget of the governing body of the land grant will be considered. The Secretary may reduce or waive fees based on these factors.

Limitations and Exemptions

• The bill explicitly states that it does not alter any existing treaty rights or obligations to Indian Tribes.
• It does not impact the state's authority to regulate water use and game management.
• The legislation does not create any implied rights to land use on federal lands.

Impact on Community Engagement

The bill facilitates community engagement by allowing the New Mexico Land Grant Council to represent qualified land grants in the MOU process. It encourages input from these communities when developing rules and procedures, thereby enhancing local governance and supporting traditional practices.

Relevant Companies

None found.