[Congressional Record Volume 151, Number 10 (Thursday, February 3, 2005)]
[Senate]
[Pages S983-S984]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI (for himself and Mr. Bingaman):
  S. 279. A bill to amend the Act of June 7, 1924, to provide for the 
exercise of criminal jurisdiction; to the Committee on Indian Affairs.
  Mr. DOMENICI. Mr. President, I rise today with my colleague, Senator 
Bingaman, to introduce legislation to address a serious problem in the 
State of New Mexico. State case law currently holds that the State of 
New Mexico does not have jurisdiction to prosecute crimes that occur on 
privately held land within the exterior boundaries of a Pueblo. Federal 
case law holds that the Federal Government does not have jurisdiction 
to prosecute crimes that occur on these lands. Read in tandem, these 
court decisions lead to the result that neither Federal, State nor 
tribal law-enforcement officials have jurisdiction on thousands of 
acres of privately owned lands within the boundaries of Indian pueblos. 
As a result, in recent years there have been stabbings, criminal 
sexual-contact cases, and aggravated battery charges that have stalled 
in court over jurisdiction questions.
  The prospect of having lands in my State where anyone can commit any 
crime and not be prosecuted for it is untenable and something that 
needs to be fixed. The legislation I am introducing today clearly 
outlines who is responsible for trying these cases by clarifying when a 
crime should be prosecuted in Federal, tribal, or State court. At the 
same time, the bill honors tribal sovereignty.
  If we do not address this problem, it will only worsen. This 
legislation culminates a lot of work among the New Mexico delegation, 
the pueblos, and the State. It is a necessary bill. It is a good bill. 
And I hope that my colleagues will act quickly to clarify jurisdiction 
over these lands.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 279

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

     SECTION 1. CRIMINAL JURISDICTION.

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

[[Page S984]]

     ``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 shall have 
     jurisdiction, as an act of the inherent power of the Pueblo 
     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 
     shall have 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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