Sec. 10. Process for recognition of historical-traditional use boundaries of qualified land grant-mercedes
969 words·~4 min read·
/bill/116/hr/3682/ih/section-10·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
During the 5-year period beginning on the date of the enactment of this Act, a governing body of a qualified land grant-merced may submit to the Forest Supervisor or Field Manager, as appropriate, of the Secretary concerned the governing body’s interpretation of the historical-traditional use boundaries using geographical and historical evidence supported by maps and documentation. Acceptable documentation for the purposes of subsection
(a)includes records from the following sources: The National Archives and Records Administration in Washington, DC, Regional Archives and Presidential Libraries. Archivo General de la Nación (Mexico City), Archivo de la Real Audiencia de La Nueva Galicia (Guadalajara), Archivos Generales de Indias, Simancas y de la Corona de Aragón (Seville), Archivo General de Simancas (Valladolid), Biblioteca Nacional (Madrid), and the national archives of other countries. The New Mexico State Records Center and Archives, California State Library, and archives and libraries of other States. The Department of the Interior, the Department of Agriculture, and other Federal agencies. The University of New Mexico, including the Center for Southwest Research, the Zimmerman Library, the Special Collections at the University of New Mexico Law Library, the Spanish Colonial Research Center, the University of New Mexico Land Grant Studies Program, Bancroft Library at the University of California, Berkley, and other university archives and special collections. The primary sources cited in: the Master of Laws (L.L.M.) thesis by J.J. Bowden at Southern Methodist University Law School entitled Private land Claims in The Southwest , the Government Accountability Office Reports GAO–01–951 and GAO–04–59, and the Benavides and Golten Study in the Natural Resources Journal, Vol. 48, Fall 2008. Office of the Attorney General of the State of New Mexico, the New Mexico Land Grant Council, and other agencies of the State. State Legislative Records. Records of courts, counties, and municipalities. Records of members of Congress not included in the National Archives. Authenticated records of land grant-mercedes, pueblos, tribes, and private entities. Not later than 60 days after receipt of a submission pursuant to subsection (a), the Forest Supervisor, Field Manager, or other similarly situated authority, as appropriate, of the Secretary concerned shall notify the governing body that the submission was received. Not later than 14 months after receipt of a submission pursuant to subsection (a), the Forest Supervisor or Field Manager, or other similarly situated authority, as appropriate, of the Secretary concerned shall— approve of the historical-traditional use boundaries as proposed by the qualified land grant-merced governing body; or offer an alternative historical-traditional use boundary using geographical and historical evidence supported by maps and documentation. If an alternative historical-traditional use boundary is offered by the Forest Supervisor or Field Manager, or other similarly situated authority, as appropriate, of the Secretary concerned under paragraph (1)(B), then the governing body of the qualified land grant-merced shall have 180 days to accept the alternative historical-traditional use boundary. If an alternative historical-traditional use boundary is offered by the Forest Supervisor or Field Manager, or other similarly situated authority, as appropriate, of the Secretary concerned under paragraph (1)(B) and the governing body of the qualified land grant-merced does not accept the boundary within the 180-day period described in paragraph (2), then a negotiation process shall take place as follows: The governing body of the qualified land grant-merced and the Regional Forester or State Director, or other similarly situated authority, as appropriate, shall— jointly notify the relevant Forest Supervisor or Field Manager, or other similarly situated authority, as appropriate, of the Secretary concerned that negotiations have been elevated to the regional level; and have one year from the date of the expiration of the 180-day period described in paragraph
(2)to negotiate an agreement on the historical-traditional use boundary. If an agreement is not reached under subparagraph (A), then the governing body of the qualified land grant-merced and the Chief of the Forest Service or the Director of the Bureau of Land Management, or other similarly situated authority, as appropriate, shall have one additional year to negotiate an agreement on the historical-traditional use boundary. If an agreement is not reached under subparagraph (B), then the governing body of the qualified land grant-merced and the Secretary concerned shall have one additional year to negotiate an agreement on the historical-traditional use boundary. If the negotiation process described in paragraph
(3)does not result in an agreement between the governing body of the qualified land grant-merced and the Secretary concerned, or, if requested by the governing body of the qualified land grant-merced at any time during the negotiation process described in paragraph (3), then the Secretary concerned shall, not later than 90 days after the expiration of the time period described in paragraph (3)(C), issue a final decision on the historical-traditional use boundary of the land grant-merced. Any decision made under paragraph
(4)shall be appealable to Federal court, and the court shall hear the case de novo. Both parties shall submit to the court evidence supporting such party’s interpretation of the historical-traditional use boundaries. The court shall determine the historic-traditional boundary of the land grant-merced that most accurately represents the area of historical and traditional use. Management of lands located within the patent boundary of a qualified land grant-merced shall not be affected during the negotiation process under paragraphs
(3)or
(4)or the appeal process under paragraph (5). Not later than two years after the determination of the historical-traditional use boundaries of a qualified land grant-merced under this section, the Secretary concerned shall— conduct a land survey of the historical-traditional use boundary of a land grant-merced; create a map that depicts such historical-traditional use boundary; and amend the management plans for appropriate lands in accordance with section 4. If a qualified land grant-merced is established after the date of the enactment of this Act, then the 5-year period described in subparagraph
(a)shall begin on the date of such establishment.