§539m–6 Jurisdiction Over the Area

Summary

Decides which government has the right to handle crimes in the Area. The Pueblo can handle crimes by its members or by members of other federally-recognized tribes who are there with the Pueblo’s permission 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 crimes by a Pueblo member against someone who is not Pueblo. New Mexico handles crimes under state law by people who are not Pueblo members. If these rules overlap, more than one government can handle the same crime. For crimes by Pueblo members against non-members, federal law will cover offenses that exist under state law but not yet under federal law. Keeps most civil, regulatory, and tax powers the same as they were the day before February 20, 2003, except for limits listed here. The Pueblo has exclusive authority over civil disputes among its members, lawsuits the Pueblo brings against its own members, and suits the Pueblo brings against members of other tribes for breaking an agreement about traditional or cultural use of the Area. The Pueblo cannot make general regulations for the Area except it can set rules for its members’ traditional or cultural uses and control access by other tribes under sections 539m to 539m–12. The Pueblo can also regulate hunting and trapping by its members when those activities are tied to traditional or cultural uses, but hunting or trapping outside the portions listed in sections 13, 14, 23, 24, the northeast quarter of section 25 (T12N, R4E), and section 19 (T12N, R5E), N.M.P.M., Sandoval County, New Mexico must follow New Mexico rules on weapons and distance from trails and homes. The Pueblo cannot tax in the Area, and New Mexico and local governments cannot tax the Pueblo’s uses, property, or members, or members of other tribes allowed to use the Area under section 539m–3(a)(4).