[Congressional Record (Bound Edition), Volume 151 (2005), Part 2]
[Extensions of Remarks]
[Page 1984]
[From the U.S. Government Publishing Office, www.gpo.gov]




   INTRODUCTION OF A BILL TO CLARIFY ISSUES OF CRIMINAL JURISDICTION 
             WITHIN THE EXTERIOR BOUNDARIES OF PUEBLO LANDS

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                             HON. TOM UDALL

                             of new mexico

                    in the house of representatives

                      Wednesday, February 9, 2005

  Mr. UDALL of New Mexico. Mr. Speaker, I rise today to introduce 
legislation on behalf of myself and cosponsors Heather Wilson and 
Stevan Pearce that will help clarify issues of criminal jurisdiction 
within the exterior boundaries of Pueblo lands by amending the Indian 
Pueblo Lands Act of 1924.
  This legislation addresses confusion over criminal jurisdiction on 
Pueblo lands in New Mexico arising out of the holding in United States 
v. Jose Gutierrez, an unreported decision of a federal district court 
judge in the District of New Mexico that overturned prior precedent 
regarding the jurisdictional status of the lands within the exterior 
boundaries of Pueblo grants.
  The Gutierrez decision 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. This amendment to the Pueblo Lands Act makes 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.
  Nothing in this legislative clarification is intended to diminish the 
scope of Pueblo civil jurisdiction within the exterior boundaries of 
Pueblo grants, which is defined by Federal and Tribal laws and court 
decisions. This legislation also does not in any way diminish the 
exterior boundaries of these grants.
  The All Indian Pueblo Council of the nineteen Pueblo Governors has 
agreed to the language included in this legislation. The Governors 
recognize the urgency of this matter and have come to Congress asking 
that we do everything in our power to avoid the unfathomable situation 
of creating places in New Mexico where someone could literally get away 
with murder. We here in Congress must also recognize the urgency of 
this situation and take action to address it.
  I look forward to working with my colleagues in the House and the New 
Mexico delegation to pass this legislation.

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