[Congressional Record Volume 151, Number 153 (Thursday, November 17, 2005)]
[Extensions of Remarks]
[Page E2386]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           NATIVE AMERICAN TECHNICAL CORRECTIONS ACT OF 2005

                                 ______
                                 

                               speech of

                             HON. TOM UDALL

                             of new mexico

                    in the house of representatives

                      Wednesday, November 16, 2005

  Mr. UDALL of Colorado. Mr. Speaker, I rise today in support of H.R. 
3351, the Native American Technical Corrections Act of 2005. Section 
108 of H.R. 3351 contains language from H.R. 600, a bill that I 
introduced with my colleagues from New Mexico, Representatives Heather 
Wilson and Steve Pearce, to clarify issues of criminal jurisdiction 
within the exterior boundaries of Pueblo lands.
  Recent court decisions in New Mexico have created uncertainty and the 
potential for a void in criminal jurisdiction on pueblo lands. Because 
of the risk to public safety and law enforcement arising out of this 
uncertainty, it is important to clarify the scope of criminal 
jurisdiction on pueblo lands. I share the concerns of tribal leaders 
who have urged Congress to step in and resolve this legal quandary. I 
will work with other members of the delegation to see that we can make 
this law as soon as possible.
  The language in my bill and now in H.R. 3351 addresses confusion over 
criminal jurisdiction on pueblo lands in New Mexico arising out of the 
holding in United States v. Gutierrez, an unreported decision of a 
federal district court judge in the District of New Mexico that 
overturned prior precedent regarding the status of the lands within the 
exterior boundaries of pueblo grants.
  The language in the technical corrections bill will amend the Pueblo 
Lands Act to make clear that the pueblos have jurisdiction, as an act 
of the pueblos' inherent power as an Indian tribe, over any offense by 
a member of the pueblo or of another federally recognized Indian tribe, 
or by any other Indian-owned entity committed anywhere within the 
exterior boundaries of any grant to a pueblo from a prior sovereign, as 
confirmed by Congress or the Court of Private Land Claims. The 
legislation also makes clear that the United States has jurisdiction 
over any offense within these grants 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. Finally, the legislation 
makes clear that the State of New Mexico shall have jurisdiction over 
any offense within these grants 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.
  This legislation will not affect the scope of pueblo civil 
jurisdiction within the exterior boundaries of pueblo grants, and it 
does not in any way diminish the exterior boundaries of these grants.
  I would like to thank Chairman Pombo and Ranking Member Rahall for 
bringing forth the Native American Technical Corrections Act of 2005. I 
encourage my colleagues to support this important piece of legislation.

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