BILL NO A07420B
SAME AS SAME AS S05894-B
SPONSOR Thiele
COSPNSR
MLTSPNSR
Add Art 11 S160, Indian L
Establishes a procedure to evaluate the claim of the Montaukett Indians for
acknowledgment as an Indian tribe by the state of New York.
BILL NO A07420B
05/04/2011 referred to judiciary
11/30/2011 amend (t) and recommit to judiciary
11/30/2011 print number 7420a
01/04/2012 referred to judiciary
04/20/2012 amend and recommit to judiciary
04/20/2012 print number 7420b
06/05/2012 reported referred to rules
BILL NUMBER:A7420B
TITLE OF BILL: An act to amend the Indian law, in relation to estab-
lishing a procedure to evaluate the claim of the Montaukett Indians for
acknowledgment as an Indian tribe by the state of New York
PURPOSE OR GENERAL IDEA OF BILL: Establishes a procedure to evaluate the
claim of the Montaukett Indians for acknowledgement as an Indian tribe
by the state of New York.
SUMMARY OF SPECIFIC PROVISIONS: Section 1. Legislative Findings
Section 2. The Indian law is amended by adding a new Article 11 entitled
Evaluation of Acknowledgement of Montaukett Indians which sets forth
specific acknowledgement procedures.
Section 3. Severability Clause.
Section 4. Provides for an immediate effective date.
JUSTIFICATION: Historically, the New York State Legislature has granted
recognition or acknowledgement to Indian groups in the state of New York
by an act of Legislature. There have not been any objective standards
enacted to consider a request by an Indian group to obtain recognition
by the state. The Montaukett Indians seek to be acknowledged or recog-
nized by the state. Such recognition and acknowledgement was question-
ably removed from the Montaukett Indians in 1910 in the case of Pharaoh
v. Benson, 69 Misc. Rep. 241 (Supreme, Suffolk Co., 1910) affirmed 164
App. Div. 51, affirmed 222 N.Y. 665 when the Montaukett Indians were
declared to be extinct. In 1994, the State Supreme Court, in the case of
Breakers Motel, Inc. v. Sunbeach Montauk Two, Inc., subsequently
described the Pharaoh case as being of 'questionable propriety". It is
the purpose of this act to establish objective criteria for consider-
ation of acknowledgement or recognition which may be used by the Legis-
lature in evaluating such request.
PRIOR LEGISLATIVE HISTORY:
2011: A.7420/S.5894
2009-10: A.1911
2007-08: A.1504
2005-06: A.9204
FISCAL IMPLICATIONS: None to state.
EFFECTIVE DATE: This act shall take effect immediately.
S T A T E O F N E W Y O R K
________________________________________________________________________
7420--B
2011-2012 Regular Sessions
I N A S S E M B L Y
May 4, 2011
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Judiciary -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee -- recommitted to the
Committee on Judiciary in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the Indian law, in relation to establishing a procedure
to evaluate the claim of the Montaukett Indians for acknowledgment as
an Indian tribe by the state of New York
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings. The legislature hereby finds that
2 historically it has granted recognition or acknowledgment to Indian
3 groups in the state of New York by an act of the legislature. There have
4 not been any objective standards enacted to consider a request by an
5 Indian group to obtain recognition by the state. The Montaukett Indians
6 seek to be acknowledged or recognized by the state. Such recognition
7 and acknowledgement was questionably removed from the Montaukett Indians
8 in 1910 in the case of PHARAOH V. BENSON, 69 Misc. Rep. 241 (Supreme,
9 Suffolk Co., 1910) affirmed 164 App. Div. 51, affirmed 222 N.Y. 665 when
10 the Montaukett Indians were declared to be extinct. In 1994, the State
11 Supreme Court, in the case of BREAKERS MOTEL, INC. V. SUNBEACH MONTAUK
12 TWO, INC., subsequently described the Pharoah case as being of "ques-
13 tionable propriety". It is the purpose of this act to establish objec-
14 tive criteria for consideration of acknowledgment or recognition which
15 may be used by the legislature in evaluating such request.
16 S 2. The Indian law is amended by adding a new article 11 to read as
17 follows:
18 ARTICLE 11
19 EVALUATION OF ACKNOWLEDGMENT OF
20 MONTAUKETT INDIANS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10689-04-2
A. 7420--B 2
1 SECTION 160. ACKNOWLEDGMENT PROCEDURES.
2 S 160. ACKNOWLEDGMENT PROCEDURES. 1. ACKNOWLEDGMENT OF THE MONTAUKETT
3 INDIANS MAY ONLY BE GRANTED BY AN ACT OF THE LEGISLATURE IN COMPLIANCE
4 WITH THE PROVISIONS OF THIS SECTION.
5 2. A REQUEST FOR ACKNOWLEDGMENT SHALL BE INITIATED BY A DOCUMENTED
6 PETITION TO THE SECRETARY OF STATE CONTAINING DETAILED SPECIFIC EVIDENCE
7 TO SUPPORT THE REQUEST. SUCH DOCUMENTED PETITION SHALL BE CERTIFIED,
8 SIGNED, AND DATED BY THE GOVERNING BODY, STATING THAT IT IS THE GROUP'S
9 OFFICIAL DOCUMENTED PETITION.
10 3. THE SECRETARY OF STATE SHALL EVALUATE THE DOCUMENTED PETITION AND
11 SUBMIT A RECOMMENDATION TO THE LEGISLATURE REGARDING THE APPROVAL OR
12 DENIAL OF ACKNOWLEDGMENT BASED UPON THE CRITERIA PROVIDED IN SUBDIVISION
13 FOUR OF THIS SECTION.
14 4. THE SECRETARY OF STATE SHALL UTILIZE THE MANDATORY CRITERIA FOR
15 FEDERAL ACKNOWLEDGMENT PROVIDED FOR IN 25 CFR SECTION 83.7 TO EVALUATE
16 THE DOCUMENTED PETITION.
17 5. THE SECRETARY OF STATE SHALL PROMULGATE RULES AND REGULATIONS TO
18 IMPLEMENT THIS SECTION WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE
19 DATE OF THIS SECTION. SUCH RULES AND REGULATIONS SHALL ESTABLISH THE
20 LEVEL OF PROOF AND DOCUMENTATION THAT SHALL BE NECESSARY TO MEET THE
21 MANDATORY CRITERIA.
22 S 3. Severability. If any clause, sentence, paragraph, section or
23 part of this act shall be adjudged by any court of competent jurisdic-
24 tion to be invalid, such judgment shall not affect, impair or invalidate
25 the remainder thereof, but shall be confined in its operation to the
26 clause, sentence, paragraph, section or part thereof directly involved
27 in the controversy in which such judgment shall have been rendered.
28 S 4. This act shall take effect immediately.
