HR2785119th CongressWALLET

New Mexico Land Grant-Mercedes Historical or Traditional Use Cooperation and Coordination Act

Sponsored By: Representative Leger Fernandez

Introduced

Summary

Recognition and coordinated management of historical or traditional uses (HTUs) on Federal land. This bill would define who qualifies as a New Mexico land grant-merced community user, list allowable noncommercial HTUs, and require memoranda of understanding between the New Mexico Land Grant Council and federal land agencies to guide permits, fees, vehicle use, and planning.

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  • Families and community users would gain a clear definition of eligible heirs and community users and a nonexclusive list of HTUs they could pursue on Federal land, including grazing, gathering plants and wood, subsistence hunting or fishing as allowed by state law, and maintenance of monuments or cemeteries. The bill would also let fee decisions consider community socioeconomic conditions and governing body budgets.
  • The New Mexico Land Grant Council and recognized governing bodies would negotiate MOUs with the Secretary of Agriculture or the Secretary of the Interior to describe allowable activities, permitting processes, routine maintenance, and both minor and major improvements. MOUs would guide cooperation but would not themselves grant authority beyond existing law.
  • Federal land managers would be required to fold HTU considerations into existing land use planning under the Federal Land Policy and Management Act and the National Forest Management Act, set standards for vehicle and mechanized equipment use for HTUs, and consult Indian Tribes that could be directly affected.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 4 benefits, 0 costs, 1 mixed.

Easier upkeep for land grant facilities

Agreements would have to cover routine maintenance and minor fixes, like cleaning, repairs, and replacement-in-kind. Examples include trails, roads, cattle guards, culverts, fences, monuments or shrines, cemeteries, and livestock wells or water storage. They could also outline how to seek major projects, like building or expanding water or wastewater systems, major well repairs, new trails or roads, or cemetery expansion. Major projects would still need the Secretary’s approval and must follow Federal law.

Land plans must weigh traditional uses

When writing or updating land plans, the Secretary would add a section on how other uses affect traditional uses by qualified land grants. This would follow existing laws under FLPMA and NFMA and as the Secretary finds appropriate. If passed, this could help protect long-standing community practices.

No change to tribal and state rights

The bill would not change tribal treaty rights or other tribal rights. It would not change State power over water use or game and fish. It would not affect valid existing rights or permitted uses on Federal land. It would not create any new right to use Federal land.

Agreements with land grants for traditional uses

The bill would require the government to sign agreements with the New Mexico Land Grant Council within two years, and to renew or replace them when they expire. Officials would work through state Agriculture and Interior offices and consult Tribes. Each agreement would list which noncommercial traditional uses need permits and how to apply. It would list fees, including cost-recovery and land-use fees, and how to ask for a reduction or waiver. It would set rules for motorized and nonmotorized vehicles and equipment, and note any restrictions. It would include tribal consultation steps and public notice by website, print, mail or email, and a listserv. The agreement could not itself authorize a use; community users would still need permits under existing Federal law.

Defines land grants and allowed traditional uses

The bill would define "Federal land" and exclude Indian reservations, trust or restricted lands, and certain Indian fee lands. It would define "historical or traditional" uses as long-standing, noncommercial community uses and list examples like gathering small amounts of herbs, wood, plants, soil or rock; lawful water use; traditional grazing; subsistence hunting or fishing under State law; and caring for monuments and cemeteries. Other long-standing, sustainable uses could qualify if the Secretary and the New Mexico Land Grant Council agree in writing. A "qualified land grant" would be a community land grant recognized under New Mexico law with a record of such use on Federal land or a patented boundary on or next to it.

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Sponsors & CoSponsors

Sponsor

Leger Fernandez

NM • D

Cosponsors

  • Stansbury

    NM • D

    Sponsored 4/17/2025

Roll Call Votes

No roll call votes available for this bill.

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