Text of Senate Amendment 6062

On 2026-06-24, Senator Ben Ray Luján (D-NM) delivered a floor speech titled "Text Of Senate Amendment 6062" in the Senate.

Text of Senate Amendment 6062

Congressional Record, Volume 172 Issue 106 (Wednesday, June 24, 2026) [Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)] [Senate] [Pages S3267-S3268] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6062. Mr. LUJAN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle G of title X, add the following: SEC. 1094. NEW MEXICO LAND GRANT-MERCEDES HISTORICAL OR TRADITIONAL USE COOPERATION AND COORDINATION. (a) Definitions.--In this section: (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 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 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 subsection (b)(1)(A). (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. (b) 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.-- (1) Memorandum of understanding.-- (A) 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-- (i) 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 (ii) subject to the requirements of this subsection, on the expiration of the initial memorandum of understanding entered into under clause (i) or any successor memorandum of understanding entered into under this clause-- (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. (B) Applicable requirements and authorizations.-- (i) 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-- (aa) applicable Federal laws (including regulations); (bb) applicable land use plans; and (cc) valid existing rights. (ii) Permits and other land use authorizations.--A memorandum of understanding shall include-- (I) a description of the types of historical or traditional uses that-- [[Page S3268]] (aa) 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 (bb) 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 subclause (I); (III) a description of-- (aa) 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 subclause (I); and (bb) if applicable, the process to request a reduction or waiver of the fees described in item (aa) under regulations promulgated by the Secretary concerned; (IV) a description of the process for determining the permissible use of motorized and nonmotorized vehicles and equipment by a community user or the governing body of a qualified land grant-merced for noncommercial historical or traditional use on Federal land under the jurisdiction of the Secretary concerned; (V) a description of the process for determining the permissible use of mechanized vehicles or equipment by a community user or governing body of a qualified land grant- merced for historical or traditional use on Federal land under the jurisdiction of the Secretary concerned; (VI) a description of the process for determining the permissible use of nonnative material by a community user or the governing body of a qualified land grant-merced for any of the uses described in clauses (iii) and (iv) on Federal land under the jurisdiction of the Secretary concerned; (VII) a description of any applicable restrictions and prohibitions on historical or traditional uses conducted by a qualified land grant-merced on Federal land under the jurisdiction of the Secretary concerned; and (VIII) a description of the process, in accordance with applicable law, for consulting with 1 or more Indian Tribes that would be directly affected by a proposed historical or traditional use on Federal land by a qualified land grant- merced. (iii) Routine maintenance and minor improvements.--A memorandum of understanding shall address authorization of routine maintenance and minor improvements of infrastructure used by a qualified land grant-merced in connection with a historical or traditional use on Federal land under the jurisdiction of the Secretary concerned, including-- (I) cleaning, repair, or replacement-in-kind of infrastructure; (II) maintenance of a trail, road, cattle guard, culvert, or fence; (III) maintenance of a monument or shrine; (IV) maintenance of a community cemetery by a qualified land grant-merced; (V) maintenance of a livestock well, water line, water storage container, or water tank; and (VI) any other routine maintenance or minor improvement associated with historical or traditional uses identified by the New Mexico Land Grant Council during the development of the memorandum of understanding. (iv) Major improvements.--A memorandum of understanding may describe the process for authorizing major improvements of infrastructure of a qualifi