16 USC 539m-6 - Jurisdiction over the Area

U.S Code last checked for updates: Nov 22, 2024

§ 539m–6.

Jurisdiction over the Area

(a)

Criminal jurisdiction

(1)

In general

(2)

Jurisdiction of the Pueblo

(3)

Jurisdiction of the United States

The United States shall have jurisdiction over—

(A)

an offense described in section 1153 of title 18 committed by a member of the Pueblo or another federally-recognized Indian tribe;

(B)

an offense committed by any person in violation of the laws (including regulations) pertaining to the protection and management of national forests;

(C)

enforcement of Federal criminal laws of general applicability; and

(D)

any other offense committed by a member of the Pueblo against a person not a member of the Pueblo.

(4)

Jurisdiction of the State of New Mexico

(5)

Overlapping jurisdiction

(6)

Federal use of State law

(b)

Civil jurisdiction

(1)

In general

(2)

Jurisdiction of the Pueblo

(A)

In general

The Pueblo shall have exclusive civil adjudicatory jurisdiction over—

(i)

a dispute involving only members of the Pueblo;

(ii)

a civil action brought by the Pueblo against a member of the Pueblo; and

(iii)

a civil action brought by the Pueblo against a member of another federally-recognized Indian tribe for a violation of an understanding between the Pueblo and the other tribe regarding use of or access to the Area for traditional or cultural uses.

(B)

Regulatory jurisdiction

The Pueblo shall have no regulatory jurisdiction over the Area, except that the Pueblo shall have exclusive authority to—

(i)

regulate traditional or cultural uses by the members of the Pueblo and administer access to the Area by other federally-recognized Indian tribes for traditional or cultural uses, to the extent such regulation is consistent with sections 539m to 539m–12 of this title; and

(ii)

regulate hunting and trapping in the Area by members of the Pueblo, to the extent that the hunting or trapping is related to traditional or cultural uses, except that such hunting and trapping outside of that portion of the Area in sections 13, 14, 23, 24, and the northeast quarter of section 25 of T12N, R4E, and section 19 of T12N, R5E, N.M.P.M., Sandoval County, New Mexico, shall be regulated by the Pueblo in a manner consistent with the regulations of the State of New Mexico concerning types of weapons and proximity of hunting and trapping to trails and residences.

(C)

Taxing jurisdiction

(3)

State and local taxing jurisdiction

(Pub. L. 108–7, div. F, title IV, § 408, Feb. 20, 2003, 117 Stat. 286.)

cite as: 16 USC 539m-6