STATE OF NEW YORK
________________________________________________________________________
1911
2009-2010 Regular Sessions
IN ASSEMBLY
January 14, 2009
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Judiciary
AN ACT to amend the Indian law, in relation to establishing a procedure
to evaluate the claim of the Montaukett Tribe of Long Island 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 Tribe
6 of Long Island seeks to be acknowledged or recognized by the state. It
7 is the purpose of this act to establish objective criteria for consider-
8 ation of acknowledgment or recognition which may be used by the legisla-
9 ture in evaluating such request.
10 § 2. The Indian law is amended by adding a new article 11 to read as
11 follows:
12 ARTICLE 11
13 EVALUATION OF ACKNOWLEDGMENT OF
14 MONTAUKETT TRIBE OF LONG ISLAND
15 Section 160. Acknowledgment procedures.
16 § 160. Acknowledgment procedures. 1. Acknowledgment of the Montaukett
17 Tribe of Long Island may only be granted by an act of the legislature in
18 compliance with the provisions of this section.
19 2. A request for acknowledgment shall be initiated by a documented
20 petition to the secretary of state containing detailed specific evidence
21 to support the request. Such documented petition shall be certified,
22 signed, and dated by the governing body, stating that it is the group's
23 official documented petition.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03204-02-9
A. 1911 2
1 3. The secretary of state shall evaluate the documented petition and
2 submit a recommendation to the legislature regarding the approval or
3 denial of acknowledgment based upon the criteria provided in subdivision
4 four of this section.
5 4. The secretary of state shall utilize the mandatory criteria for
6 federal acknowledgment provided for in 25 CFR section 83.7 to evaluate
7 the documented petition.
8 5. The secretary of state shall promulgate rules and regulations to
9 implement this section within one hundred eighty days of the effective
10 date of this section.
11 § 3. Severability. If any clause, sentence, paragraph, section or
12 part of this act shall be adjudged by any court of competent jurisdic-
13 tion to be invalid, such judgment shall not affect, impair or invalidate
14 the remainder thereof, but shall be confined in its operation to the
15 clause, sentence, paragraph, section or part thereof directly involved
16 in the controversy in which such judgment shall have been rendered.
17 § 4. This act shall take effect immediately.
