[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5198 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5198

    To clarify issues of criminal jurisdiction within the exterior 
                      boundaries of Pueblo lands.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 30, 2004

  Mr. Udall of New Mexico (for himself and Mr. Pearce) introduced the 
    following bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
    To clarify issues of criminal jurisdiction within the exterior 
                      boundaries of Pueblo lands.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. INDIAN PUEBLO LAND ACT AMENDMENTS.

    The Act of June 7, 1924 (43 Stat. 636, chapter 331), is amended by 
adding at the end the following:

``SEC. 20. CRIMINAL JURISDICTION.

    ``(a) In General.--Except as otherwise provided by Congress, 
jurisdiction over offenses committed anywhere within the exterior 
boundaries of any grant from a prior sovereign, as confirmed by 
Congress or the Court of Private land Claims to a Pueblo Indian tribe 
of new Mexico, shall be as provided in this section.
    ``(b) Jurisdiction of the Pueblo.--The Pueblo has jurisdiction, as 
an act of the Pueblos' inherent power as an Indian tribe, over any 
offense committed by a member of the Pueblo or of another federally 
recognized Indian tribe, or by any other Indian-owned entity.
    ``(c) Jurisdiction of the United States.--The United States has 
jurisdiction over any offense described in chapter 53 of title 18, 
United States Code, committed by or against a member of any federally 
recognized Indian tribe or any Indian-owned entity, or that involves 
any Indian property or interest.
    ``(d) Jurisdiction of the State of New Mexico.--The State of New 
Mexico shall have jurisdiction over any offense committed by a person 
who is not a member of a federally recognized Indian tribe, which 
offense is not subject to the jurisdiction of the United States.''.
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