§539m–6 Jurisdiction Over the Area

Summary

It divides which governments can enforce criminal laws in the Area. The Pueblo can handle crimes by its members or by members of other federally recognized tribes when those people are in the Area with Pueblo permission under section 539m–3(a)(4). The United States handles crimes listed in 18 U.S.C. 1153 by tribal members, violations of national forest protection rules, federal crimes that apply to everyone, and any crime by a Pueblo member against someone who is not a Pueblo member. New Mexico handles state-law crimes by people who are not Pueblo members. If these rules overlap, the governments may act together. For crimes by Pueblo members against non-members, federal law will use state definitions where federal law does not already define the offense. It also sets who has civil authority. The United States, New Mexico, and local governments keep the same civil court, rule-making, and tax powers in the Area that they had on the day before February 20, 2003, except as described here. The Pueblo has sole authority over civil disputes only among Pueblo members, lawsuits the Pueblo brings against its own members, and lawsuits the Pueblo brings against members of other tribes about agreed rules for traditional or cultural use or access. The Pueblo generally cannot make other regulations in the Area, but it alone may set rules and manage access for Pueblo members’ traditional or cultural uses and for other tribes’ traditional uses (consistent with sections 539m to 539m–12). The Pueblo may regulate hunting and trapping by its members when tied to traditional or cultural uses, but for hunting and trapping outside sections 13, 14, 23, 24, the northeast quarter of section 25 of T12N, R4E, and section 19 of T12N, R5E, N.M.P.M., Sandoval County, New Mexico, the Pueblo’s rules must match New Mexico’s rules about weapons and distance from trails and homes. The Pueblo cannot impose taxes in the Area, and the State and local governments cannot tax the Pueblo, Pueblo members, or other tribe members who are allowed to use the Area under section 539m–3(a)(4).