Title 16ConservationRelease 119-73

§539m–6 Jurisdiction over the Area

Title 16 › Chapter CHAPTER 2— - NATIONAL FORESTS › Subchapter SUBCHAPTER I— - ESTABLISHMENT AND ADMINISTRATION › § 539m–6

Last updated Apr 6, 2026|Official source

Summary

Decides who handles crimes in the Area. The Pueblo can handle crimes by Pueblo members or by members of other federally recognized tribes who are allowed there by the Pueblo under section 539m–3(a)(4). The United States handles crimes under 18 U.S.C. 1153 by Pueblo or other tribal members, crimes that break national forest protection or management rules, general federal crimes, and any crime a Pueblo member commits against someone who is not a Pueblo member. New Mexico handles crimes under state law by people who are not Pueblo members. If these rules overlap, the governments can share authority. Under the rule above, federal law will include state crimes that are not already defined as federal crimes. Gives rules for civil courts, rules, and taxes in the Area. Except as said next, the United States, New Mexico, and local governments keep the same civil, regulatory, and tax powers they had on February 20, 2003. The Pueblo alone decides civil disputes that only involve its members, civil cases the Pueblo brings against its members, and civil cases the Pueblo brings against members of another tribe about agreed traditional or cultural use or access. The Pueblo cannot make general regulations for the Area, but it alone can set rules for its members’ traditional or cultural uses and control access for other tribes under sections 539m to 539m–12. The Pueblo also controls hunting and trapping by its members when tied to traditional or cultural uses, but hunting/trapping outside the portions listed 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 must follow Pueblo rules that match New Mexico rules on weapons and distance from trails and homes. Neither the Pueblo nor the State or local governments may tax the Pueblo, its members, or members of other tribes allowed to use the Area under section 539m–3(a)(4).

Full Legal Text

Title 16, §539m–6

Conservation — Source: USLM XML via OLRC

(a)(1)Notwithstanding any other provision of law, jurisdiction over crimes committed in the Area shall be allocated as provided in this paragraph.11 So in original. Probably should be “subsection.”
(2)The Pueblo shall have jurisdiction over an offense committed by a member of the Pueblo or of another federally-recognized Indian tribe who is present in the Area with the permission of the Pueblo under section 539m–3(a)(4) of this title.
(3)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)The State of New Mexico shall have jurisdiction over an offense under the law of the State committed by a person not a member of the Pueblo.
(5)To the extent that the respective allocations of jurisdiction over the Area under paragraphs (2), (3), and (4) overlap, the governments shall have concurrent jurisdiction.
(6)Under the jurisdiction of the United States described in paragraph (3)(D), Federal law shall incorporate any offense defined and punishable under State law that is not so defined under Federal law.
(b)(1)Except as provided in paragraphs (2) and (3), the United States, the State of New Mexico, and local public bodies shall have the same civil adjudicatory, regulatory, and taxing jurisdiction over the Area as was exercised by those entities on the day before February 20, 2003.
(2)(A)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)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 section 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)The Pueblo shall have no authority to impose taxes within the Area.
(3)The State of New Mexico and local public bodies shall have no authority within the Area to tax the uses or the property of the Pueblo, members of the Pueblo, or members of other federally-recognized Indian tribes authorized to use the Area under section 539m–3(a)(4) of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Sections 539m to 539m–12 of this title, referred to in subsec. (b)(2)(B)(i), was in the original “this title”, meaning title IV of div. F of Pub. L. 108–7, Feb. 20, 2003, 117 Stat. 279, which is classified generally to sections 539m to 539m–12 of this title. For complete classification of title IV to the Code, see

Short Title

note set out under section 539m of this title and Tables.

Reference

Citations & Metadata

Citation

16 U.S.C. § 539m–6

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73