New Mexico Bill Formalizes Land Grant Access to Federal Land, Mandates Fee Waivers for Historical Uses

The New Mexico Land Grant-Mercedes Historical or Traditional Use Cooperation and Coordination Act aims to formally recognize and protect the long-standing, non-commercial activities of qualified New Mexico Land Grant-Mercedes communities on federal land. Essentially, this bill forces the federal government (specifically the Departments of Agriculture and Interior) to create a clear, streamlined process for these communities to continue traditional practices like gathering herbs, small amounts of wood, and grazing, provided the uses are not for profit.

The Mandate: A Two-Year MOU Deadline

Within two years of the bill becoming law, the relevant federal Secretary must sign a Memorandum of Understanding (MOU) with the New Mexico Land Grant Council. Think of this MOU as a legally binding rulebook detailing how Land Grant heirs—called "Community Users"—can get permits for their historical uses. This is a big deal because it shifts the relationship from ad-hoc permissions to a formalized agreement. The MOU must spell out exactly what needs a permit, the steps to get it, and, crucially, the process for maintaining infrastructure like fences and water tanks on federal land.

Cutting the Red Tape and Costs for Community Users

One of the most practical changes for everyday community members is the provision on fees. The bill requires the MOU to describe how the federal government will reduce or waive land use fees (like cost recovery or land use fees) for these traditional activities. When considering fee reduction, the Secretary must take into account the socioeconomic condition of the Community Users and the annual budget of the Land Grant’s governing body. If you’re a Community User relying on traditional grazing rights or gathering herbs for personal use, this means the financial barrier to accessing federal land for traditional purposes could be significantly lowered or removed entirely.

Traditional Uses Get a Seat at the Planning Table

This Act also changes how federal agencies plan for the future. Under Section 4, when the Bureau of Land Management or the Forest Service develop or update their land use plans, they now have a specific instruction: they must include a section that considers how the plan might affect the historical or traditional uses of the qualified Land Grant-Mercedes communities. This ensures that long-standing community practices aren't accidentally wiped out by a new trail system or conservation area. It forces federal planners to look beyond current uses and consider the deep history of the land.

The Balancing Act: Where the Line Gets Fuzzy

While this bill provides clear benefits for Land Grant communities, it creates a tricky balancing act with existing rights. The definition of “Historical or Traditional Use” is specific—it covers water use, gathering, subsistence hunting/fishing, and grazing (if approved). However, it also includes a catch-all for “any other long-established, non-commercial use” if the federal Secretary and the Land Grant Council agree it supports the integrity of the Land Grant. This discretionary language (Section 2) could lead to debates over what qualifies as a legitimate historical use.

Furthermore, Section 5 is clear that this Act does not touch the treaty rights of Indian Tribes or the State’s authority over water and wildlife. While the MOU process requires consultation with affected Indian Tribes, the primary agreement is between the federal government and the Land Grant Council. This means that federal agencies will need to tread carefully to ensure that the process of formalizing Land Grant access doesn't inadvertently infringe on existing Tribal rights, especially when defining those “other” traditional uses near reservation boundaries.