Luján Leads Passage of Traditional Use Legislation, Scores Major Victory for Land Grant and Acequia Communities

Press Release

Congressman Ben Ray Luján (D-N.M.), the U.S. House Assistant Speaker, led the House passage of critical legislation recognizing traditional land uses and promoting greater consultation between the federal government and New Mexico's land grants and acequias. A top priority for Congressman Luján, the legislation was strongly supported by New Mexico's land grant and acequia communities and bipartisan House lawmakers. The bill now advances to the U.S. Senate.

Video of Luján's floor speech is available here.

The Land Grant-Mercedes Traditional Use Recognition and Consultation Act is the first standalone traditional use legislation in more than 20 years to pass the House or the Senate. In July, Luján testified from the Acequia de la Comunidad de Nambé in support of the legislation ahead of its passage from the House Natural Resources Committee.

"Growing up and taking care of Las Acequias de la Comunidad y La Nueva in Nambé, and La Acequia del Llano Abeyta in Truchas, I know that preserving our acequias and communal lands is essential to our way of life as New Mexicans. That is why I have made it a priority throughout my Congressional career to fight for federal recognition of land grants and acequias," said Luján. "I was proud to work alongside New Mexico's traditional communities to secure this important victory and deliver on one of my top priorities in Congress: passing traditional use legislation in a Congressional chamber for the first time in two decades."

"In New Mexico, land grants and acequias have long played a critical role in our way of life, practicing traditional methods of stewardship over our land and water, but for more than a century, these communities have fought for recognition and access to their historic communal lands, which are necessary to sustain their land-based heritage and agricultural economies. I'm grateful for Assistant Speaker Ben Ray Luján's leadership on this solution. As climate change continues to impact watersheds and forested uplands, this bill will ensure the protection of traditional uses are included in the conversations about the management of public lands for land grant communities to survive," said Congresswoman Deb Haaland, Vice Chair of the House Natural Resources Committee.

"The New Mexico Land Grant Council is excited about the passage of H.R. 3682 by the U.S. House of Representatives. Passage by the House marks a critical step in creating laws that will begin to address the long sought after justice that has eluded our communities for centuries. This bill will provide the authority needed for recognizing and accessing traditional uses on our former land grant-merced common lands now under the management and control of the federal government," said Juan Sánchez, Chair, New Mexico Land Grant Council.

"The New Mexico Acequia Association is glad to see the passage of HR 3582, the Land Grant-Mercedes Traditional Use Recognition and Consultation Act, through the US House of Representatives," said Paula Garcia, Executive Director of the New Mexico Acequia Association. "This historic legislation affirms the importance of access to acequia irrigation works on lands managed by the US Forest Service. It gives acequia leadership a seat at the table in a process to formalize this recognition through negotiated rulemaking. In passing this bill, the House of Representatives is honoring land-based communities in New Mexico and our contributions to the rich heritage and agricultural traditions of our state."

"Congressman Luján is a longstanding ally of New Mexico's acequia communities. He understands that acequias are a lifeline and a source of pride for New Mexicans. Protecting and preserving them allows us to grow our crops, tend to our livestock, care for our viejitos, and carry on the traditions passed down from our ancestors," said Mary Trujillo Mascareñas, a member of the New Mexico Acequia Commission. "I'm pleased that House has passed Congressman Luján's effort to improve federal consultation with traditional communities and ensure we have a strong voice in our future."

Key provisions of the Land Grant-Mercedes Traditional Use Recognition and Consultation Act include:

Enhancing consultation between federal land management agencies and the governing bodies of New Mexico's land grants-mercedes and acequias;
Clarifying the processes through which land grants-mercedes can access certain resources on federal land. The bill requires federal land management agencies to compile guidance on permitting processes and fees for certain activities, including resource uses and the maintenance of existing facilities. It also reduces or waives fees for historical-traditional uses, where appropriate;
Providing additional clarity on timelines and opportunities to comment on federal land management decisions so that these communities can more readily participate in the public processes accompanying major federal actions;
Recognizing the importance of protecting culturally important sites for land grant communities and emphasizing the need to consider these uses during the planning of federal actions; and
Instructing the Secretary of Agriculture to begin a negotiated rulemaking regarding acequia infrastructure. This process implements the existing U.S. Forest Service guidance as well as previous rulings which determined that consultation and special use permits are not required for maintenance and improvements within the historic easement for acequias.

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