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
Should this bill pass, it will significantly enhance the legal framework surrounding the management of Indian lands, providing tribal authorities with strengthened mechanisms to combat drug trafficking and unauthorized intrusions. This legal enhancement could lead to more effective governance and law enforcement within tribal jurisdictions, ensuring that local regulations are honored and protected. The bill also allows for collaboration between the state and tribal authorities in establishing law enforcement agreements for better oversight and criminal justice on tribal lands.
Summary
S08127 proposes amendments to the existing Indian law in New York to address issues of trespassing and drug trafficking on lands owned or occupied by indigenous tribes. The bill outlines specific procedures for the removal of intruders from tribal lands, emphasizing the authority of tribal nations in managing their territories. It directs district attorneys to act on behalf of tribes in complaints concerning unauthorized accesses and establishes a clear distinction between lawful and unlawful activities on these lands.
Contention
Notably, the bill has raised discussions about the balance of power between state law enforcement and tribal sovereignty. While proponents argue that such measures are necessary for protecting tribal integrity and safety, oppositional voices stress that increased state involvement may infringe upon tribal self-governance. The proposed law enforcement agreements could be seen as a double-edged sword, depending on their implementation and the level of authority they grant to state officials over tribal matters. This aspect reflects ongoing tensions regarding jurisdiction and authority in areas involving indigenous governance.
Same As
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.
Requires abandoned property escheat to the Indian nation or tribe that historically occupied the land or to the nearest nation or tribe; establishes such land shall be tribal land.
Requires abandoned property escheat to the Indian nation or tribe that historically occupied the land or to the nearest nation or tribe; establishes such land shall be tribal land.
Provides for amendments to a tribal-state compact with the Seneca Nation of Indians to provide the Seneca Nation of Indians the exclusive right to conduct gaming within the certain geographic areas.
Provides for amendments to a tribal-state compact with the Seneca Nation of Indians to provide the Seneca Nation of Indians the exclusive right to conduct gaming within the certain geographic areas.
Provides for the reinstatement of state recognition and acknowledgement of the Montaukett Indian Nation; provides that the Montaukett Indian nation shall have a chief or sachem, three tribal trustees and a tribal secretary; provides for the qualification of voters; makes related provisions.
Provides for the reinstatement of state recognition and acknowledgement of the Montaukett Indian Nation; provides that the Montaukett Indian nation shall have a chief or sachem, three tribal trustees and a tribal secretary; provides for the qualification of voters; makes related provisions.
Provides for the reinstatement of state recognition and acknowledgement of the Montaukett Indian Nation; provides that the Montaukett Indian nation shall have a chief or sachem, three tribal trustees and a tribal secretary; provides for the qualification of voters; makes related provisions.
Provides for the reinstatement of state recognition and acknowledgement of the Montaukett Indian Nation; provides that the Montaukett Indian nation shall have a chief or sachem, three tribal trustees and a tribal secretary; provides for the qualification of voters; makes related provisions.
Provides that lands held by the Cayuga Indian Nation of New York shall not be considered a qualified reservation for purposes of certain tax law and real property tax law provisions.