NEW MEXICO LAND GRANT-MERCEDES HISTORICAL OR TRADITIONAL USE COOPERATION AND COORDINATION ACT

On 2026-09-23, Senator Ben Ray Luján (D-NM) delivered a floor speech titled "NEW MEXICO LAND GRANT-MERCEDES HISTORICAL OR TRADITIONAL USE COOPERATION AND COORDINATION ACT" in the Senate.

NEW MEXICO LAND GRANT-MERCEDES HISTORICAL OR TRADITIONAL USE COOPERATION AND COORDINATION ACT

Congressional Record, Volume 172 Issue 151 (Wednesday, September 23, 2026) [Congressional Record Volume 172, Number 151 (Wednesday, September 23, 2026)] [Senate] [Pages S4898-S4901] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] NEW MEXICO LAND GRANT-MERCEDES HISTORICAL OR TRADITIONAL USE COOPERATION AND COORDINATION ACT Mr. LUJAN. Mr. President, I rise today to ask my colleagues to support the passage of my New Mexico Land Grant-Mercedes Historical or Traditional Use Cooperation and Coordination Act. Land grant communities in New Mexico have cared for our lands, sustained our communities, and preserved our traditions that are deeply rooted in our State's history and culture. But for too long these communities have faced unnecessary barriers when working with the Federal Government. My legislation is simple. It strengthens cooperation and coordination between land grant-merced communities and the Federal Government. It provides much needed clarity on Federal processes and ensures that historical and traditional uses are considered in Federal planning. This is about making sure the people who have cared for these lands for generations have a voice in the decisions that affect our communities, our livelihoods, and our traditions. This legislation has been years in the making and has earned bipartisan, bicameral support. It was among the last bills I passed as a Member of the U.S. House of Representatives in December of 2020. It then passed the Senate in December 2022. In December of last year, it was reported unanimously out of the Senate Committee on Energy and Natural Resources. The U.S. Forest Service and Bureau of Land Management have provided testimony in support of this legislation at recent committee hearings, and I am proud to have worked alongside New Mexico's land grant communities and the New Mexico Land Grant Council on this effort. This legislation recognizes the important role that land grant-merced communities have played in New Mexico for hundreds of years and helps preserve the connection for generations to come. I urge my colleagues to once again support this legislation so we can finally get this done. Mr. President, notwithstanding rule XXII, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 476, S. 1363. The PRESIDING OFFICER. The clerk will report the bill by title. The legislative clerk read as follows: A bill (S. 1363) to provide for greater cooperation and coordination between the Federal Government and the governing bodies and community users of land grant-mercedes in New Mexico relating to historical or traditional uses of certain land grant-mercedes on Federal public land, and for other purposes. There being no objection, the Senate proceeded to consider the bill, which had been reported from the Committee on Energy and Natural Resources with an amendment, as follows: (The part of the bill intended to be stricken is in boldfaced brackets, and the part of the bill intended to be inserted is in italic.) S. 1363 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``New Mexico Land Grant- Mercedes Historical or Traditional Use Cooperation and Coordination Act''. SEC. 2. DEFINITIONS. In this Act: (1) Community user.--The term ``community user'' means an heir (as defined under the laws of the State) of a qualified land grant-merced. (2) Federal land.-- (A) In general.--The term ``Federal land'' means any land [or interest in land owned by the United States] under the jurisdiction of the Secretary concerned. (B) Exclusions.--The term ``Federal land'' does not include-- (i) land within the boundary of an Indian reservation; (ii) land held in trust or in restricted status by the United States for the benefit of-- (I) an Indian Tribe; or (II) an individual Indian; or (iii) land held in fee by an Indian or Indian Tribe that is subject to restrictions on alienation by the United States. (3) Governing body.--The term ``governing body'' means the board of trustees authorized under State law with the control, care, and management of a qualified land grant- merced. (4) Historical or traditional use.--The term ``historical or traditional use'' means the following long-established and habitual uses conducted by a qualified land grant-merced on Federal land for noncommercial [[Page S4899]] benefit and for the benefit of the qualified land grant- merced: (A) The use of water in accordance with all applicable Federal and State laws (including regulations). (B) Gathering herbs in small quantities. (C) Gathering wood products in small quantities. (D) Gathering flora or botanical products in small quantities. (E) Grazing, to the extent that grazing has traditionally been carried out on Federal land, as determined by the Secretary concerned, in coordination with the New Mexico Land Grant Council. (F) Subsistence hunting or fishing that is conducted in accordance with State law. (G) Soil or rock gathering in small quantities. (H) The use and maintenance of an existing monument or shrine. (I) The use and maintenance of an existing cemetery by a qualified land grant-merced. (J) Any other long-established and habitual use conducted by a qualified land grant-merced for noncommercial benefit that-- (i) has a sustainable use by the qualified land grant- merced, as determined by the Secretary concerned, in coordination with the New Mexico Land Grant Council; (ii) supports the long-term integrity of the qualified land grant-merced, as determined by the Secretary concerned, in coordination with the New Mexico Land Grant Council; and (iii) is agreed to in writing by the Secretary concerned and the New Mexico Land Grant Council. (5) Indian tribe.--The term ``Indian Tribe'' means the governing body of any individually identified and federally recognized Indian or Alaska Native tribe, band, nation, pueblo, village, community, affiliated Tribal group, or component reservation included on the most recent list published pursuant to section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131(a)). (6) Memorandum of understanding.--The term ``memorandum of understanding'' means a memorandum of understanding entered into or extended, renewed, or revised under section 3(a)(1). (7) Noncommercial benefit.--The term ``noncommercial benefit'' means a benefit from a use, the primary purpose of which is not the sale of a good or service. (8) Qualified land grant-merced.--The term ``qualified land grant-merced'' means a community land grant issued under the laws or customs of the Government of Spain or Mexico that-- (A) is recognized under New Mexico Statutes Chapter 49, Articles 1 and 4 (or a successor statute); and (B)(i) has a record of historical or traditional use on Federal land under the jurisdiction of the Secretary concerned; or (ii) has a patented exterior boundary that is or was previously located on or adjacent to Federal land under the jurisdiction of the Secretary concerned. (9) Secretary concerned.--The term ``Secretary concerned'' means the Secretary of Agriculture or the Secretary of the Interior, with respect to Federal land under the jurisdiction of the Secretary of Agriculture or the Secretary of the Interior, respectively. (10) State.--The term ``State'' means the State of New Mexico. SEC. 3. MEMORANDUM OF UNDERSTANDING ON PERMIT REQUIREMENTS AND OTHER LAND USE AUTHORIZATIONS FOR HISTORICAL OR TRADITIONAL USES OF QUALIFIED LAND GRANT-MERCEDES; REDUCTION OR WAIVER OF CERTAIN FEES. (a) Memorandum of Understanding.-- (1) In general.--The Secretary concerned, acting through the appropriate officials of the Department of Agriculture and the Department of the Interior in the State, in consultation with Indian Tribes, shall-- (A) not later than 2 years after the date of enactment of this Act, enter into an initial memorandum of understanding with the New Mexico Land Grant Council; and (B) subject to the requirements of this section, on the expiration of the initial memorandum of understanding entered into under subparagraph (A) or any successor memorandum of understanding entered into under this subparagraph-- (i) enter into a successor memorandum of understanding with the New Mexico Land Grant Council; or (ii) extend or renew, with any revisions determined to be appropriate by the Secretary concerned and the New Mexico Land Grant Council, the expired memorandum of understanding. (2) Applicable requirements and authorizations.-- (A) In general.--A memorandum of understanding shall-- (i) provide for enhanced cooperation and coordination between the Secretary concerned and qualified land grant- mercedes; (ii) provide for the Secretary concerned, acting through the appropriate officials of the Department of Agriculture and the Department of the Interior, to enter into subsidiary agreements with qualified land grant-mercedes for specific projects consistent with the memorandum of understanding; and (iii) be consistent with, and subject to-- (I) applicable Federal laws (including regulations); (II) applicable land use plans; and (III) valid existing rights. (B) Permits and other land use authorizations.--A memorandum of understanding shall include-- (i) a description of the types of historical or traditional uses that-- (I) a community user or a governing body of a qualified land grant-merced may conduct for noncommercial benefit on Federal land under the jurisdiction of the Secretary concerned; and (II) require a permit or other land use authorization from the Secretary concerned; (ii) a citation to, and description of, any administrative procedures for obtaining the permit or other land use authorization under clause (i); (iii) a description of-- (I) the types of fees, including cost recovery fees and land use fees, that may be associated with a permit or other land use authorization under clause

Referenced legislation: S1363, S1363