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.
STATE OF NEW YORK
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8289
2025-2026 Regular Sessions
IN ASSEMBLY
May 9, 2025
___________
Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Judiciary
AN ACT to amend the Indian law, in relation to non-Indian trespass and
drug trafficking activities within Indian lands
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 8 of the Indian law, as amended by chapter 886 of
2 the laws of 1957, is amended to read as follows:
3 § 8. Intrusion on tribal lands. 1. Except as otherwise provided by
4 law, no person shall enter, remain, settle or reside, conduct a busi-
5 ness, operate a junkyard, or establish or contribute to an automobile
6 graveyard or dump of any kind, upon any lands owned or occupied by any
7 nation, tribe or band of Indians, except the citizens or members of such
8 nation, tribe or band or their authorized guests or lessees.
9 2. Without the permission of the council or other similar authority of
10 any Indian reservation, no person shall hereafter establish, conduct and
11 operate, or contribute to the establishment, conduct and operation of
12 any junkyard, automobile graveyard or dump on any land within the limits
13 of an Indian reservation. Any lease, contract or agreement in violation
14 of this section shall be void.
15 3. The district attorney of any county in which reservation lands are
16 situated, upon the written application of such person or entity desig-
17 nated by the laws of the nation, tribe or band to make such application
18 on behalf of the nation, tribe or band owning and occupying such lands,
19 shall make complaint of any intrusions on such lands, and cause the
20 intruders to be removed.
21 4. The county judge of the county in which such lands are situated,
22 upon complaint made to [him] such judge, of a violation of this section
23 shall, if [he] such judge thinks there is reasonable ground therefor,
24 issue a notice directed to the person against whom complaint is made,
25 requiring [him] such person to appear before such judge at a time and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11875-01-5
A. 8289 2
1 place therein specified, to answer the complaint. Such judge shall
2 attend at the time and place mentioned in the notice, and upon proof of
3 the personal service of such notice, shall take proof of the facts
4 alleged in the complaint, and shall determine whether such person is an
5 intruder upon the lands of such reservation. If [he] such judge shall
6 determine that such person is an intruder, [he] such judge shall issue a
7 warrant to the sheriff of the county commanding [him] such sheriff,
8 within ten days after the receipt thereof, to remove such person from
9 such lands. If such judge shall determine that such person has been
10 removed from such lands on a previous occasion, [he] such judge shall
11 issue [his] such judge's warrant commanding the sheriff, within ten days
12 from the receipt thereof, to remove such person and, notwithstanding any
13 other provisions of law, commit [him] such person to the county jail for
14 the space of [thirty] ninety days, without being entitled to the limits
15 or the liberties of such jail; and such judge shall cause such
16 conviction to be drawn up and filed in the office of the county clerk,
17 which conviction shall be final. In the execution of either of such
18 warrants the sheriff shall have the same powers as in the execution of
19 criminal process, and shall be paid by the state such compensation as
20 the comptroller shall certify as reasonable. [The district attorney of
21 any county in which reservation lands are situated, upon the written
22 application of a majority of the chiefs, councilors or head man of the
23 nation, tribe or band owning and occupying such lands, shall make
24 complaint of any intrusions on such lands, and cause the intruders to be
25 removed.]
26 5. If a person, conducting a business, engaging in drug trafficking,
27 operating a junkyard, or having established or contributed to an automo-
28 bile graveyard or dump, shall have been determined to be an intruder
29 under this section, such judge may, in addition to any other penalty
30 prescribed by this section, order the confiscation or removal of such
31 business, drug trafficking materials or equipment, junkyard, automobile
32 graveyard or dump within a reasonable time subject to the consent of the
33 authority of the affected nation, tribe or band.
34 6. A determination or designation by the nation, tribe or band of a
35 person as an intruder upon the lands of such nation, tribe or band shall
36 be dispositive of the matter.
37 § 2. The Indian law is amended by adding a new section 79 to read as
38 follows:
39 § 79. Law enforcement agreements. 1. Notwithstanding any other
40 provision of law, at the request of the Seneca nation, the governor, the
41 superintendent of state police, a sheriff of a county that includes
42 lands of the Seneca nation, or the chief of police of the city of Sala-
43 manca, may enter into an agreement with the Seneca nation governing the
44 terms and conditions of criminal law enforcement activities within the
45 nation's federally-recognized Indian Country lands.
46 2. The agreements authorized in subdivision one of this section may
47 include provisions defining criminal offenses and penalties that shall
48 apply within the nation, deputization, extradition, and other related
49 provisions that may be agreed upon by the parties.
50 3. The courts of the state shall give full force and effect to the
51 provisions of any agreement authorized herein in any criminal proceeding
52 arising out of offenses committed within the lands of the Seneca nation.
53 § 3. This act shall take effect immediately.
