Policy Committees
Committee Resolutions
Support for an Amendment to the Pueblo Lands Act Clarifying Jurisdiction Over Offenses Committed Anywhere Within the Exterior Boundaries of Any Grant from a Prior Sovereign to a Pueblo Indian Tribe of New Mexico
July 8, 2004
Joint Resolution of the Full Committees on Intergovernmental Policy and
Crime, Justice, Terrorism, and Substance Abuse
(Ratified July 8, 2004)
Title: Support for an Amendment to the Pueblo Lands Act Clarifying Jurisdiction Over Offenses Committed Anywhere Within the Exterior Boundaries of Any Grant from a Prior Sovereign to a Pueblo Indian Tribe of New Mexico
WHEREAS, the 19 pueblos of Acoma, Cochiti, Isleta, Jemez, Laguna, Nambe, Picuris, Pojoaque, San Felipe, San Ildefonso, San Juan, Sandia, Santa Ana, Santa Clara, Santo Domingo, Tesuque, Taos, Zia and Zuni are federally recognized tribes located solely in the state of New Mexico that hold land in communal fee simple under Spanish grants subsequently recognized and patented by Congress in the 1800s; and
WHEREAS, the Supreme Court has determined that Pueblo lands are "dependent Indian communities," equivalent to reservations, and these lands are considered "Indian country" for purposes of criminal jurisdiction under 18 U.S.C. § 1151; and
WHEREAS, conflicting state and federal court decisions have created confusion as to which sovereign has jurisdiction to prosecute crimes that have occurred on private fee lands within the Pueblo land grants, allowing many who commit crimes in those areas to avoid prosecution altogether; and
WHEREAS, the result of such confusion may be the creation of crime zones within the State of New Mexico susceptible to increased drug use and other threats to our national security; and
WHEREAS, these uncertainties as to criminal jurisdiction over Pueblo lands also make it difficult to protect Indian women, who are victims of domestic violence at far greater rates than any other group of women in the United States, thus presenting another compelling reason for clarifying jurisdiction over fee lands within the Pueblo land grants; and
WHEREAS, it is therefore critical to eliminate the source of this confusion by obtaining a legislative fix clarifying that these private fee lands remain subject to federal and pueblo criminal jurisdiction; and
WHEREAS, the All Indian Pueblo Council, a consortium of the 19 Pueblos of New Mexico, supports a technical amendment to the Pueblo Lands Act of 1924 to address this issue of law enforcement in Indian country.
NOW THEREFORE BE IT RESOLVED, that the NFWL Committees on Intergovernmental Policy and Crime, Justice, Terrorism, and Substance Abuse do hereby request the Congress of the United States to ensure adequate prosecution of criminal activity in Indian country by enacting a technical amendment to the Pueblo Lands Act so as to clarify the jurisdiction over offenses committed anywhere within the exterior boundaries of New Mexico Pueblos; and
BE IT FURTHER RESOLVED, that the technical amendment should read as follows: The act of June 7, 1924, 43 Stat. 636, is amended by adding Section 20, which shall read as follows:
20. 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.
a) Jurisdiction of the Pueblo – The Pueblo shall have jurisdiction over any offense committed by a member of the Pueblo or of another federally recognized Indian tribe, or by any Indian-owned entity.
b) 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.
c) 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.
BE IT FINALLY RESOLVED, that this joint resolution shall be the policy of the
NFWL Committees on Intergovernmental & International Policy and Crime, Justice, Terrorism, and Substance Abuse unless and until it is withdrawn by subsequent resolution.
CERTIFICATION
The foregoing resolution was adopted by the Intergovernmental & Intertribal and Crime, Justice, Terrorism & Substance Abuse Policy Committees of the National Foundation for Women Legislators on July 8, 2004.
ATTEST:
Lucille Hooper, Laguna Pueblo (NM)
Intergovernmental Legislative Committee Co-Chair
Wanda Scott, Chickasaw Nation (OK)
Intergovernmental Legislative Committee Co-Chair
Rep. Phyllis Katsakiores (NH)
CJTSA Legislative Committee Co-Chair
Bill Haltom
Intergovernmental Private Sector Committee Co-Chair
Rick Pendery
CJTSA Private Sector Committee Co-Chair
Joy Westrum
CJTSA Private Sector Committee Co-Chair
Crime, Justice, Terrorism, and Substance Abuse
(Ratified July 8, 2004)
Title: Support for an Amendment to the Pueblo Lands Act Clarifying Jurisdiction Over Offenses Committed Anywhere Within the Exterior Boundaries of Any Grant from a Prior Sovereign to a Pueblo Indian Tribe of New Mexico
WHEREAS, the 19 pueblos of Acoma, Cochiti, Isleta, Jemez, Laguna, Nambe, Picuris, Pojoaque, San Felipe, San Ildefonso, San Juan, Sandia, Santa Ana, Santa Clara, Santo Domingo, Tesuque, Taos, Zia and Zuni are federally recognized tribes located solely in the state of New Mexico that hold land in communal fee simple under Spanish grants subsequently recognized and patented by Congress in the 1800s; and
WHEREAS, the Supreme Court has determined that Pueblo lands are "dependent Indian communities," equivalent to reservations, and these lands are considered "Indian country" for purposes of criminal jurisdiction under 18 U.S.C. § 1151; and
WHEREAS, conflicting state and federal court decisions have created confusion as to which sovereign has jurisdiction to prosecute crimes that have occurred on private fee lands within the Pueblo land grants, allowing many who commit crimes in those areas to avoid prosecution altogether; and
WHEREAS, the result of such confusion may be the creation of crime zones within the State of New Mexico susceptible to increased drug use and other threats to our national security; and
WHEREAS, these uncertainties as to criminal jurisdiction over Pueblo lands also make it difficult to protect Indian women, who are victims of domestic violence at far greater rates than any other group of women in the United States, thus presenting another compelling reason for clarifying jurisdiction over fee lands within the Pueblo land grants; and
WHEREAS, it is therefore critical to eliminate the source of this confusion by obtaining a legislative fix clarifying that these private fee lands remain subject to federal and pueblo criminal jurisdiction; and
WHEREAS, the All Indian Pueblo Council, a consortium of the 19 Pueblos of New Mexico, supports a technical amendment to the Pueblo Lands Act of 1924 to address this issue of law enforcement in Indian country.
NOW THEREFORE BE IT RESOLVED, that the NFWL Committees on Intergovernmental Policy and Crime, Justice, Terrorism, and Substance Abuse do hereby request the Congress of the United States to ensure adequate prosecution of criminal activity in Indian country by enacting a technical amendment to the Pueblo Lands Act so as to clarify the jurisdiction over offenses committed anywhere within the exterior boundaries of New Mexico Pueblos; and
BE IT FURTHER RESOLVED, that the technical amendment should read as follows: The act of June 7, 1924, 43 Stat. 636, is amended by adding Section 20, which shall read as follows:
20. 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.
a) Jurisdiction of the Pueblo – The Pueblo shall have jurisdiction over any offense committed by a member of the Pueblo or of another federally recognized Indian tribe, or by any Indian-owned entity.
b) 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.
c) 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.
BE IT FINALLY RESOLVED, that this joint resolution shall be the policy of the
NFWL Committees on Intergovernmental & International Policy and Crime, Justice, Terrorism, and Substance Abuse unless and until it is withdrawn by subsequent resolution.
CERTIFICATION
The foregoing resolution was adopted by the Intergovernmental & Intertribal and Crime, Justice, Terrorism & Substance Abuse Policy Committees of the National Foundation for Women Legislators on July 8, 2004.
ATTEST:
Lucille Hooper, Laguna Pueblo (NM)
Intergovernmental Legislative Committee Co-Chair
Wanda Scott, Chickasaw Nation (OK)
Intergovernmental Legislative Committee Co-Chair
Rep. Phyllis Katsakiores (NH)
CJTSA Legislative Committee Co-Chair
Bill Haltom
Intergovernmental Private Sector Committee Co-Chair
Rick Pendery
CJTSA Private Sector Committee Co-Chair
Joy Westrum
CJTSA Private Sector Committee Co-Chair