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Leger Fernández Landmark Bill to Protect Historic Land Grant Communities and Traditional Uses on Federal Lands Advances in House


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WASHINGTON, D.C.
 — Today, Congresswoman Teresa Leger Fernández secured a major legislative hearing in the House Natural Resources Subcommittee on Federal Lands for her bill to strengthen the relationships between New Mexico land grant-mercedes and the federal government and protect their ability to practice centuries-old traditional uses on federal land. Representative Leger Fernández and U.S. Senator Ben Ray Luján (D-N.M.) introduced the New Mexico Land Grant-Mercedes Historical or Traditional Use Cooperation and Coordination Act (H.R. 2785) to provide greater cooperation between the federal government and land grant communities. 

 

There are 27 community land grant-mercedes that are recognized as political subdivisions under New Mexico law. Federal agencies have consistently sought to work more closely with these land grant-mercedes, as the majority of them maintain historical or traditional uses on public lands managed by the U.S. Forest Service (USFS) and the Bureau of Land Management (BLM). The BLM and the USFS require the public, including land grant-mercedes, to seek authorization for certain public land uses, while other uses do not require authorization. The approval and permitting process is complex, and in the past, confusion and lack of coordination have resulted in adverse impacts on the historical or traditional uses of political subdivision land grant-mercedes.

“Land grants are a unique part of our herencia and our cultura in New Mexico — but they are also part of the American story,” said Leger Fernández. “Even after the federal government broke its promise under the Treaty of Guadalupe Hidalgo, land grant heirs continued to care for these lands for generations because their way of life depended on it. This bill helps preserve that culture, that history, and that relationship to the land for the generations that come next.”

Similar versions of the legislation previously received hearings in both the House and Senate. The legislation is backed by the New Mexico Land Grant Council and land grant communities across the state. 

“House Bill 2785 is a product of over 15 years of work between our communities and the entire New Mexico delegation. It provides for the recognition of longstanding traditional use practices by our communities and will ensure that land grant Mercedes have a seat at the table when the federal land management decisions could affect our access or use are being made,” said Land Grant Council Chairman Juan Sanchez during his testimony on behalf of the bill today.“Over the years, traditional use needs have been ignored, largely because we are not always at the table when land management decisions are being made. The required cooperation and coordination between land-grant and Merced communities and federal agencies prescribed in House Bill 2785 is critical to ensuring our needs are not ignored. The passage of this legislation would help ensure that federal land management policies and practices, regardless of the change of administration, will be honored and protect our traditional uses now and for future generations.”

Leger Fernández dedicated part of her testimony to the late Steve Polaco, a leader in New Mexico’s land grant community who passed away earlier this month.

“Steve’s legacy will live on through every acre of land and every acequia his sweat touched,” Leger Fernández said. “It will also live on through this bill, which his work supported. I hope to pass it in his honor.”

The New Mexico Land Grant-Mercedes Historical or Traditional Use Cooperation and Coordination Act:

  • Directs the United States Department of the Interior (DOI) and Department of Agriculture (USDA), through a memorandum of understanding (MOU) with the New Mexico Land Grant Council, to clarify existing agency processes that qualified land grant-mercedes may use to seek authorization for historical or traditional uses on Federal public lands, including permit requirements and associated fees;
  • Clarifies that the MOU does not directly authorize any uses or activities on Federal public lands;
  • Directs the DOI and USDA to consult with Tribes when the MOU is entered into, extended, renewed or revised;
  • Ensures that the MOU contains a description of the notice and comment procedures on agency land management planning decisions, and that qualified land grant-mercedes, the New Mexico Land Grant Council, and Tribes are notified of opportunities to comment on and be involved in agency land management planning decisions; and
  • Requires the DOI and the USDA to evaluate impacts on historical or traditional uses in Federal land use planning.
A summary of the bill is available HERE. Full text of the legislation is available HERE.


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