Special use permits not required for routine maintenance and minor improvements of acequias

(a) Definitions In this section: (1) Acequia The term acequia has the meaning of the term community ditch as that term is construed under New Mexico Stat. 73–2–27. (2) Community user The term community user means an employee, contractor, delegate, representative, volunteer, or other authorized personnel of the governing body of an acequia. (3) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, with respect to land under the jurisdiction of the Secretary of Agriculture; and (B) the Secretary of the Interior, with respect to land under the jurisdiction of the Secretary of the Interior. (b) Prohibition A special use permit shall not be required for— (1) the presence or use of an acequia on Federal land or the use of the water therein; or (2) routine maintenance and minor improvements described in subsection (c) conducted by a community user or governing body of an acequia on an acequia on Federal land. (c) Routine maintenance and minor improvements described Routine maintenance and minor improvements referred to in subsection (b)(2) are— (1) cleaning, maintenance, repair, or replacement-in-kind of infrastructure; (2) annual ditch cleaning, including removal of silt; and (3) any other traditional activity that preserves the state of the acequia, as agreed to in writing by the Secretary concerned and the governing body of the acequia.