Authorizes the governor to execute a settlement relating to certain land claims between the state and the Saint Regis Mohawk Tribe, the Mohawk Council of Akwesasne, and the Mohawk Nation Council of Chiefs.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7759A
SPONSOR: Jones TITLE OF BILL:
An act relating to settlement of certain land claims
PURPOSE:
In 1982, the St. Regis Mohawk Tribe initiated litigation with Franklin
County, St. Lawrence County, and the State of New York to settle a
dispute over who was the rightful owner of certain land located within
those two counties. After many years of negotiations, the parties have
reached a settlement agreement. This legislation would provide the
Governor with the authorization needed to enter into this long-awaited
settlement agreement.
SUMMARY OF PROVISIONS:
Section one of the bill provides the Governor with the authorization to
enter into a settlement agreement with the St. Regis Mohawk Tribe. The
settlement agreement must be consistent with both a memorandum of under-
standing between the Governor, the St. Regis Mohawk Tribe, and the coun-
ty of St. Lawrence, and a resolution adopted by the county of Franklin
on June 5, 2023.
This section also provides that the settlement agreement will be deemed
ratified by the Legislature upon the certification by the Governor to
the Temporary President of the Senate, the Speaker of the Assembly, and
the Secretary of State that the agreement has received the requisite
federal approvals and that the underlying litigation has been disnaissed
with prejudice.
Section two of the bill would make it take effect immediately.
EXISTING LAW:
This legislation is a special act. As such, there is no existing
provision of law that is being amended.
JUSTIFICATION:
To enter into a settlement agreement with a sovereign nation, the Gover-
nor needs the authorization of the Legislature. This legislation both
authorizes the Governor to enter into the settlement agreement and
constitutes the Legislature's acceptance of such settlement agreement
upon the certification by the Governor that federal approval has been
received.
STATE OF NEW YORK
________________________________________________________________________
7759--A
2023-2024 Regular Sessions
IN ASSEMBLY
June 6, 2023
___________
Introduced by M. of A. JONES -- (at request of the Governor) -- read
once and referred to the Committee on Governmental Operations --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT relating to settlement of certain land claims
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Land claims settlement. The legislature hereby finds that
2 long-standing disputes between the Saint Regis Mohawk Tribe, the Mohawk
3 Council of Akwesasne, and the Mohawk Nation Council of Chiefs, and the
4 state of New York, Franklin county and St. Lawrence county, have gener-
5 ated litigation in state and federal courts regarding property and other
6 taxation, and that the status of Mohawk lands has caused decades of
7 unrest and uncertainty for the citizens and residents of the Northern
8 New York region of this state. The legislature further finds that it is
9 in the best interests of all citizens, residents and political subdivi-
10 sions of this state to remove any uncertainty that such litigation or
11 disputes have created regarding the title to and jurisdictional status
12 of land within the state. The legislature recognizes that negotiated
13 settlement of these disputes will facilitate a cooperative relationship
14 between the state, the counties and the Mohawk. Therefore, the legisla-
15 ture declares that:
16 (a) Notwithstanding any other law, the state, through the governor,
17 may execute a land claims settlement agreement including, but not limit-
18 ed to, terms considerably consistent with memoranda of understanding
19 between the governor, the Saint Regis Mohawk Tribe and Saint Lawrence
20 county executed on May 28, 2014 and Resolution 188, as adopted by the
21 Franklin County Board of Legislature on June 5, 2023.
22 (b) Such land claims settlement shall be deemed ratified by the legis-
23 lature upon the governor's certification to the temporary president of
24 the senate, the speaker of the assembly, and the secretary of state,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12015-07-3
A. 7759--A 2
1 that such agreement has received requisite federal approvals and the
2 underlying litigation has been dismissed with prejudice.
3 (c) Except as otherwise specifically provided in the agreement, the
4 state specifically reserves all its rights, as attributes of its inher-
5 ent sovereignty, recognized by the tenth and eleventh amendments to the
6 United States Constitution. Nothing in this section shall be construed
7 to affect the existing authority of the governor under the constitution
8 and laws of this state to execute land claims settlements.
9 § 2. This act shall take effect immediately.
