---
kind: "section"
citation: "16 U.S.C. § 539m–6"
title: "16"
title_heading: "Conservation"
number: "539m–6"
heading: "Jurisdiction over the Area"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/539m-6"
units:
  - "Chapter 2 — National Forests"
  - "Subchapter I — Establishment and Administration"
---

# §539m–6. Jurisdiction over the Area

- (a) **Criminal jurisdiction—**
  - (1) **In general—** Notwithstanding any other provision of law, jurisdiction over crimes committed in the [Area](/usc/16/539m–1.md?p=1-A) shall be allocated as provided in this paragraph.[^1]
  - (2) **Jurisdiction of the Pueblo—** The [Pueblo](/usc/16/539m–1.md?p=10) shall have jurisdiction over an offense committed by a member of the [Pueblo](/usc/16/539m–1.md?p=10) or of another federally-recognized Indian tribe who is present in the [Area](/usc/16/539m–1.md?p=1-A) with the permission of the [Pueblo](/usc/16/539m–1.md?p=10) under [section 539m–3(a)(4) of this title](/usc/16/539m–3.md?p=a-4).
  - (3) **Jurisdiction of the United States—** The United States shall have jurisdiction over—
    - (A) an offense described in [section 1153 of title 18](/usc/18/1153.md) committed by a member of the [Pueblo](/usc/16/539m–1.md?p=10) or another federally-recognized Indian tribe;
    - (B) an offense committed by any [person](/usc/16/450rr–1.md?p=b) in [violation](/usc/16/620e.md?p=11) of the laws (including regulations) pertaining to the protection and management of national forests;
    - (C) enforcement of Federal criminal laws of general applicability; and
    - (D) any other offense committed by a member of the [Pueblo](/usc/16/539m–1.md?p=10) against a [person](/usc/16/450rr–1.md?p=b) not a member of the [Pueblo](/usc/16/539m–1.md?p=10).
  - (4) **Jurisdiction of the State of New Mexico—** The [State](/usc/16/590q.md?p=a) of New Mexico shall have jurisdiction over an offense under the law of the [State](/usc/16/590q.md?p=a) committed by a [person](/usc/16/450rr–1.md?p=b) not a member of the [Pueblo](/usc/16/539m–1.md?p=10).
  - (5) **Overlapping jurisdiction—** To the extent that the respective allocations of jurisdiction over the [Area](/usc/16/539m–1.md?p=1-A) under paragraphs [(2)](#a-2), [(3)](#a-3), and [(4)](#a-4) overlap, the governments shall have concurrent jurisdiction.
  - (6) **Federal use of State law—** Under the jurisdiction of the United States described in [paragraph (3)(D)](#a-3-D), Federal law shall incorporate any offense defined and punishable under [State](/usc/16/590q.md?p=a) law that is not so defined under Federal law.
- (b) **Civil jurisdiction—**
  - (1) **In general—** Except as provided in paragraphs [(2)](#b-2) and [(3)](#b-3), the United States, the [State](/usc/16/590q.md?p=a) of New Mexico, and [local public bodies](/usc/16/539m–1.md?p=5) shall have the same civil adjudicatory, regulatory, and taxing jurisdiction over the [Area](/usc/16/539m–1.md?p=1-A) as was exercised by those entities on the day before February 20, 2003.
  - (2) **Jurisdiction of the Pueblo—**
    - (A) **In general—** The [Pueblo](/usc/16/539m–1.md?p=10) shall have exclusive civil adjudicatory jurisdiction over—
      - (i) a dispute involving only members of the [Pueblo](/usc/16/539m–1.md?p=10);
      - (ii) a civil action brought by the [Pueblo](/usc/16/539m–1.md?p=10) against a member of the [Pueblo](/usc/16/539m–1.md?p=10); and
      - (iii) a civil action brought by the [Pueblo](/usc/16/539m–1.md?p=10) against a member of another federally-recognized Indian tribe for a [violation](/usc/16/620e.md?p=11) of an understanding between the [Pueblo](/usc/16/539m–1.md?p=10) and the other tribe regarding use of or access to the [Area](/usc/16/539m–1.md?p=1-A) for [traditional or cultural uses](/usc/16/539m–1.md?p=16).
    - (B) **Regulatory jurisdiction—** The [Pueblo](/usc/16/539m–1.md?p=10) shall have no regulatory jurisdiction over the [Area](/usc/16/539m–1.md?p=1-A), except that the [Pueblo](/usc/16/539m–1.md?p=10) shall have exclusive authority to—
      - (i) regulate [traditional or cultural uses](/usc/16/539m–1.md?p=16) by the members of the [Pueblo](/usc/16/539m–1.md?p=10) and administer access to the [Area](/usc/16/539m–1.md?p=1-A) by other federally-recognized [Indian tribes](/usc/16/544.md?p=g) for [traditional or cultural uses](/usc/16/539m–1.md?p=16), to the extent such regulation is consistent with sections [539m](/usc/16/539m.md) to [539m–12](/usc/16/539m–12.md) of this title; and
      - (ii) regulate hunting and trapping in the [Area](/usc/16/539m–1.md?p=1-A) by members of the [Pueblo](/usc/16/539m–1.md?p=10), to the extent that the hunting or trapping is related to [traditional or cultural uses](/usc/16/539m–1.md?p=16), except that such hunting and trapping outside of that portion of the [Area](/usc/16/539m–1.md?p=1-A) in sections [13](/usc/16/13.md), [14](/usc/16/14.md), [23](/usc/16/23.md), [24](/usc/16/24.md), and the northeast quarter of [section 25](/usc/16/25.md) of T12N, R4E, and section 19 of T12N, R5E, N.M.P.M., Sandoval County, New Mexico, shall be regulated by the [Pueblo](/usc/16/539m–1.md?p=10) in a manner consistent with the regulations of the [State](/usc/16/590q.md?p=a) of New Mexico concerning types of weapons and proximity of hunting and trapping to trails and residences.
    - (C) **Taxing jurisdiction—** The [Pueblo](/usc/16/539m–1.md?p=10) shall have no authority to impose taxes within the [Area](/usc/16/539m–1.md?p=1-A).
  - (3) **State and local taxing jurisdiction—** The [State](/usc/16/590q.md?p=a) of New Mexico and [local public bodies](/usc/16/539m–1.md?p=5) shall have no authority within the [Area](/usc/16/539m–1.md?p=1-A) to tax the uses or the property of the [Pueblo](/usc/16/539m–1.md?p=10), members of the [Pueblo](/usc/16/539m–1.md?p=10), or members of other federally-recognized [Indian tribes](/usc/16/544.md?p=g) authorized to use the [Area](/usc/16/539m–1.md?p=1-A) under [section 539m–3(a)(4) of this title](/usc/16/539m–3.md?p=a-4).

## Footnotes

[^1]: So in original. Probably should be “subsection.”

## Source credit

(Pub. L. 108–7, div. F, title IV, § 408, Feb. 20, 2003, 117 Stat. 286.)

## Notes

### Editorial Notes

### References in Text

Sections 539m to 539m–12 of this title, referred to in subsec. (b)(2)(B)(i), was in the original “this title”, meaning title IV of div. F of Pub. L. 108–7, Feb. 20, 2003, 117 Stat. 279, which is classified generally to sections 539m to 539m–12 of this title. For complete classification of title IV to the Code, see Short Title note set out under section 539m of this title and Tables.