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

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.

Mr. Speaker, I rise today in support of Senate bill 279, legislation that amends the Indian Pueblo Land Act of June 7, 1924, to provide for the exercise of criminal jurisdiction within the exterior boundaries of Pueblo lands. Earlier this session, I introduced a companion to this bill on behalf of myself and cosponsors Heather Wilson and Stevan Pearce.

This legislation addresses confusion over criminal jurisdiction on Pueblo lands in New Mexico that arose 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. Some call these prosecution-free zones. Because of the risk to public safety and law enforcement arising out of this uncertainty, it is important that we clarify the scope of criminal jurisdiction on Pueblo lands.

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 19 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.

By closing the criminal jurisdictional loophole, we have opened the doors to justice for victims and their families. The Pueblo members and victims who fought for this legislation have demonstrated an unrelenting dedication to change the system for the better, and in doing so, they have ensured that others will never face the same scary situation.

I want to thank all the New Mexicans who fought for this legislation. I also sincerely appreciate the work of my colleagues Representatives Heather Wilson and Stevan Pearce in the House and Senators Domenici and Bingaman.

Mr. Speaker, I move to suspend the rules and pass the Senate bill (S. 279) to amend the Act of June 7, 1924, to provide for the exercise of criminal jurisdiction.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.

I yield myself as much time as I may consume.

Mr. Speaker, S. 279, a bill sponsored by Senator Domenici, clarifies the uncertainty and potential law enforcement jurisdiction problems on all 19 Indian Pueblo reservations in the State of New Mexico.

From 1913 to 2001, the United States Government prosecuted crimes committed by or against the New Mexico Pueblo Indians within the exterior boundaries of their reservation lands in the State of New Mexico. However, in 2001, a Federal judge, relying on a case about tribal jurisdiction in the State of Alaska, ruled that felonies committed by Indians on private lands within the boundaries of New Mexico Pueblos are not subject to Federal jurisdiction. The U.S. Attorney for New Mexico did not appeal the decision and, therefore, has failed to prosecute any felonies by or against Indians on these lands.

At the same time that the Federal Government was declining to prosecute any felonies on Indian Pueblo lands, a New Mexico State court ruled that the State of New Mexico lacked jurisdiction to prosecute felonies committed by an Indian defendant against a non-Indian on private lands within the Pueblos. As a result, there is currently a large void in criminal jurisdiction at the Federal, State, and tribal levels.

S. 279 corrects this void of jurisdiction by clarifying that, one, the United States will have jurisdiction over crimes defined under the Major Crimes Act committed by or against any Indian; two, the State of New Mexico will have jurisdiction clarified as to non-member Indians or non-Indians for all non-Major Crimes Act offenses; and, three, the New Mexico Pueblo governments will have jurisdiction over their individual members or other Indians for other offenses.

S. 279 enjoys bipartisan support and has the support of the entire New Mexico delegation. I look forward to passing this necessary legislation and urge its timely enactment in this session.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, I yield myself such time as I may consume.

(Mr. UDALL of Colorado asked and was given permission to revise and extend his remarks.)

Mr. Speaker, I rise in support of this legislation and to pay particular tribute to our colleague from New Mexico (Mr. Udall). Mr. Udall introduced a companion bill as H.R. 600, and he has been a true champion for passage of this important legislation. He has worked tirelessly to impress upon us the urgency and the timeliness of these provisions.

Once enacted, as my good friend from California pointed out, this language will clarify the boundaries of criminal jurisdiction among the State, county, and tribal governments for lands on and near the New Mexico Pueblos.

As a result of some recent court decisions in New Mexico, certain Indian lands have gone without any government protection from criminal acts. As the former Attorney General of New Mexico, Mr. Udall understands fully that this put Native Americans in his district in a very perilous position.

I congratulate the gentleman from New Mexico for his tenacity in getting this issue to the forefront and commend him on the humility he showed in insisting the Senate bill be moved, rather than his own, in order to more quickly enact the legislation. Knowing him as I do, I am not surprised that he put doing the right thing for the Pueblos of New Mexico far ahead of scoring political points.

I strongly support this bill and urge all of our colleagues to support passage of Senate bill 279.

Mr. Speaker, I yield such time as he may consume to the gentleman from New Mexico (Mr. Udall).

Mr. Speaker, I have no additional requests for time, and I yield back the balance of my time.