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Code · BILL · 116th Congress · H.R. 3682 (Introduced in House) — To provide for greater consultation between the Federal Government and the governing bodies of land grant-mercedes an... · Sec. 5

Sec. 5. Guidance on permit requirements for qualified land grant-mercedes

575 words·~3 min read·/bill/116/hr/3682/ih/section-5·

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Not later than 1 year after the date of the enactment of this Act, the Secretary concerned, in consultation with the governing bodies of a qualified land grant-merced, shall issue written guidance for each of the uses described in paragraphs
(1)through
(3)of subsection
(c)on— what activities conducted by a community user or governing body of a qualified land grant-merced, or a contractor of such a governing body, on such qualified land grant-merced require the community user or governing body of the qualified land grant-merced to obtain a permit from the Secretary concerned; what administrative procedures must be followed to obtain such permit; what fees are required to obtain such permit; the permissible use of motorized and non-motorized vehicles by community users or the governing body of a qualified land grant-merced on such qualified land grant-merced to carry out each of the uses described in paragraphs
(1)through
(3)of subsection
(c)on such qualified land grant-merced; permissible use of mechanized equipment by community users or the governing body of a qualified land grant-merced on such qualified land grant-merced to carry out each of the uses described in paragraphs
(1)through
(3)of subsection
(c)on such qualified land grant-merced; and permissible use of non-native materials by community users or the governing body of a qualified land grant-merced to carry out each of the uses described in paragraphs
(1)through
(3)of subsection
(c)on such qualified land grant-merced. When determining the fees referred to in subsection (a)(3), the Secretary concerned shall consider the socio-economic conditions of community users and the annual operating budgets of governing bodies of qualified land grant-mercedes. The Secretary concerned shall waive any fee to obtain a permit for a historical-traditional use to be conducted by a community user or governing body of a qualified land grant-merced on such qualified land grant-merced, except that the Secretary is not required under this paragraph to waive a fee to obtain a permit for grazing. For the purposes of this section: Historical-traditional uses on a qualified land grant-merced on Federal land are— use of water; religious and cultural use; gathering herbs; gathering wood products; gathering flora and botanical products; grazing, to the extent that grazing has traditionally been carried out on such land; recreation; hunting and fishing; soil and rock gathering; and any other traditional activity that has sustainable beneficial community uses that support the long-term cultural and socio-economic integrity of the community and that is agreed to in writing by the Secretary concerned and the governing body of the relevant qualified land grant-merced. Routine maintenance and minor improvements on a qualified land grant-merced on Federal land are— cleaning, repair, or replacement in kind of infrastructure; maintenance and upkeep of a trail, road, or fence; maintenance and upkeep of a monument or shrine; maintenance and upkeep of a community cemetery; maintenance and upkeep of a livestock well or water tank; and any other traditional activity that preserves the state of the qualified land grant-merced, as agreed to in writing by the Secretary concerned and the governing body of the qualified land grant-merced. Major improvements on a qualified land grant-merced on Federal land are— construction or expansion of a community water or wastewater system; construction or major repair of a livestock well or water tank; construction or major repair of a monument or shrine; installation of a cattle guard; construction of a trail, road, or fence; and construction or expansion of a cemetery.
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