This bill directs the Secretaries of Agriculture and Interior to establish a memorandum of understanding with the New Mexico Land Grant Council to enhance cooperation regarding historical or traditional land uses by qualified land grant-mercedes on federal land.
Ben Luján
Senator
NM
The "New Mexico Land Grant-Mercedes Historical or Traditional Use Cooperation and Coordination Act" aims to improve collaboration between the Department of Agriculture, the Department of Interior, and New Mexico Land Grant Council, and qualified land grant-mercedes, regarding historical or traditional land uses on Federal land. It requires the creation of a memorandum of understanding that outlines how these groups will cooperate, including permit requirements, fee reductions or waivers, and processes for land use decisions. The Act also mandates consideration of the impact of other land uses on the historical or traditional uses by qualified land grant-mercedes when creating or updating land use plans. This act does not impact any rights or obligations to Indian Tribes, the State's power to regulate water use, the State's power to manage game and fish, or any existing rights of Federal land.
New Mexico Bill Mandates Federal Plan for Historic Land Grant Access on Public Lands
This legislation directs the U.S. Departments of Agriculture and Interior—the folks managing National Forests and other public lands—to work out a formal agreement, known as a Memorandum of Understanding (MOU), with the New Mexico Land Grant Council within two years. The goal is to establish clear procedures for members of qualified historical land grants (called 'land grant-mercedes') to continue traditional, noncommercial activities on adjacent federal lands.
Laying Down the Rules: The MOU
Think of the MOU as the official playbook. According to Section 3, it needs to spell out exactly how federal agencies and these land grant communities will cooperate. This includes defining which 'historical or traditional uses'—like gathering small amounts of firewood or herbs, grazing livestock, maintaining cemeteries, or accessing water sources for noncommercial benefit—require permits. It also has to detail the permit application process, any associated fees, and crucially, how community members or the land grant governing body can request fee reductions or waivers based on their financial situation ('socioeconomic conditions' and 'annual operating budget'). The agreement must also cover rules for using vehicles and equipment, outline any restricted areas or activities, and establish a process for consulting with potentially affected Indian Tribes before uses are approved. It even distinguishes between authorizing routine upkeep (like cleaning water systems or trail maintenance) and getting approval for major projects like building new fences or water infrastructure.
Who This Affects and How
The bill directly impacts 'community users'—defined in Section 2 as heirs of qualified Spanish or Mexican land grants recognized under New Mexico law—and the 'governing bodies' that manage these grants. For someone whose family has traditionally grazed a small number of cattle or gathered specific plants on nearby federal land for generations, this bill aims to create a more predictable and potentially less costly way to seek authorization. Section 4 also requires federal agencies to specifically consider how land management decisions (like new logging projects or recreational developments) might impact these historical uses when they update their overall land use plans.
Reading Between the Lines
It's important to note what this bill doesn't do, as laid out in Section 5. It explicitly states it doesn't create any new rights to use federal land, nor does it alter existing rights held by Indian Tribes, state authority over water or wildlife, or rights held by others already using the land (like ranchers with grazing permits or mining claims). The focus is on establishing a process for managing existing claimed historical uses. Potential challenges will likely involve nailing down the specifics in the MOU: agreeing on what qualifies as a legitimate 'historical or traditional use', ensuring the fee waiver process is applied fairly and consistently, balancing these uses with conservation goals and other users, and making sure the required consultation with Indian Tribes is substantive, not just a formality.