Page:United States Statutes at Large Volume 117.djvu/305

 117 STAT. 286

PUBLIC LAW 108–7—FEB. 20, 2003 (1) IN GENERAL.—In a case in which the management of the Area by the Secretary conflicts with a traditional or cultural use, if the conflict does not pertain to a new use subject to the process specified in subsection (a)(2), the process for dispute resolution specified in this subsection shall apply. (2) DISPUTE RESOLUTION PROCESS.— (A) IN GENERAL.—In the case of a conflict described in paragraph (1)— (i) the party identifying the conflict shall notify the other party in writing addressed to the Governor of the Pueblo or the Regional Forester, as appropriate, specifying the nature of the dispute; and (ii) the Governor of the Pueblo or the Regional Forester shall attempt to resolve the dispute for a period of at least 30 days after notice has been provided before bringing a civil action in the United States District Court for the District of New Mexico. (B) DISPUTES REQUIRING IMMEDIATE RESOLUTION.—In the case of a conflict that requires immediate resolution to avoid imminent, substantial, and irreparable harm— (i) the party identifying the conflict shall notify the other party and seek to resolve the dispute within 3 days of the date of notification; and (ii) if the parties are unable to resolve the dispute within 3 days— (I) either party may bring a civil action for immediate relief in the United States District Court for the District of New Mexico; and (II) the procedural requirements specified in subparagraph (A) shall not apply.

Applicability.

Notification.

16 USC 539m–6.

SEC. 408. JURISDICTION OVER THE AREA.

(a) CRIMINAL JURISDICTION.— (1) IN GENERAL.—Notwithstanding any other provision of law, jurisdiction over crimes committed in the Area shall be allocated as provided in this paragraph. (2) JURISDICTION OF THE PUEBLO.—The Pueblo shall have jurisdiction over an offense committed by a member of the Pueblo or of another federally-recognized Indian tribe who is present in the Area with the permission of the Pueblo under section 405(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, United States Code, committed by a member of the Pueblo or another federally-recognized Indian tribe; (B) an offense committed by any person in violation 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 against a person not a member of the Pueblo. (4) JURISDICTION OF THE STATE OF NEW MEXICO.—The State of New Mexico shall have jurisdiction over an offense under the law of the State committed by a person not a member of the Pueblo.

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