S. 1363 — New Mexico Land Grant-Mercedes Historical or Traditional Use Cooperation and Coordination Act

This section defines terms for the Act, including qualified land grant-merced as a community land grant from Spanish or Mexican law recognized under New Mexico statutes with historical or traditional use on federal land, and historical or traditional use as noncommercial activities such as water use, small-quantity gathering of herbs, wood, or flora, grazing, subsistence hunting or fishing, and maintenance of monuments or cemeteries.

This section requires the Secretaries of Agriculture and the Interior to enter into an initial memorandum of understanding with the New Mexico Land Grant Council within 2 years of enactment, and to renew or extend it periodically thereafter. The memorandum must address permits and authorizations for noncommercial historical or traditional uses by qualified land grant-mercedes on federal land, including fee reductions or waivers, motorized and mechanized equipment use, nonnative materials, routine maintenance and minor improvements, major improvements, tribal consultation, and notice-and-comment procedures.

This section requires the Secretary of the Interior and the Secretary of Agriculture to include in land use plans developed, maintained, or revised under the Federal Land Policy and Management Act and the National Forest Management Act a section that evaluates the impact of other uses on historical or traditional uses by qualified land grant-mercedes, when the Secretary determines it appropriate.

This section preserves treaty-reserved rights and other rights or obligations of Indian Tribes, state authority to regulate water use and game and fish management under federal and state law, and valid existing rights or permitted uses of federal land. It also prohibits creation of any new implicit or explicit right to use federal land.