New York Assembly Bill A08289

New York 2025-2026 Regular Session

• Introduced: 5/9/25
• Refer: 5/9/25
• Report Pass: 6/6/25
• Refer: 6/6/25
• Report Pass: 6/9/25
• Engrossed: 6/9/25
• Refer: 6/9/25
• Engrossed: 6/10/25

Caption

Relates to intrusions upon lands owned or occupied by any nation, tribe or band of Indians, and to drug trafficking activities within Indian lands; provides that the district attorney of a county in which reservation lands are situated, upon application of a person designated by the laws of a nation, tribe or band to make such application, shall make complaint of intrusions on such lands and cause intruders to be removed; provides that the governor, the superintendent of state police, a sheriff of a county that includes lands of the Seneca nation, or the chief of police of the city of Salamanca, may, at the request of the Seneca nation, enter into an agreement with the Seneca nation governing the terms and conditions of criminal law enforcement activities within the nation's Indian County lands; provides that such agreements shall be given full force and effect by the courts of the state.

Impact

A significant aspect of A08289 is the empowerment given to local authorities, particularly the district attorney of the county where reservation lands are located. The bill allows these authorities to act upon complaints from designated representatives of the nations, tribes, or bands, thereby formalizing a structured response to intrusions. This legislative action aims to improve the protection of tribal lands against unauthorized intrusions, which has been a long-standing issue for many Indigenous communities.

Summary

Bill A08289 aims to amend the Indian law regarding trespass and drug trafficking activities on lands owned or occupied by any nation, tribe, or band of Indians. The legislation specifies that no person is permitted to enter or conduct business on Indian lands without authorization. It sets forth that only members or authorized guests of the respective nation, tribe, or band may access these lands, thereby strengthening the governing authority of these Indigenous groups over their lands.

Contention

Points of contention surrounding A08289 may stem from the balance it seeks between state intervention and tribal sovereignty. While the bill grants necessary powers to local enforcement entities to address illegal activities such as drug trafficking, there may be concerns regarding the adequacy of respect for self-governance of Native American tribes. Critics might argue that the involvement of state authorities in tribal matters could undermine the autonomy of these nations, possibly leading to conflicts over jurisdiction and enforcement practices.