Amd §§8 & 79, Indian L (as proposed in S.8127 & A.8289)
Provides that a person shall not be deemed to have entered the lands owned or occupied by a nation, tribe, or band of Indians if such person is temporarily and continuously passing through such lands; provides that at the request of the Seneca nation, 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 enter into an agreement with the Seneca nation detailing the activities such law enforcement entity will undertake within the nation's federally-recognized Indian Country lands; provides that such agreements shall not be construed to limit powers, duties, and responsibilities to undertake activities on Indian lands; and provides that such agreements may include provisions related to the appointment of tribal members of Nation employees as police officers.
STATE OF NEW YORK
________________________________________________________________________
8834
IN SENATE
January 8, 2026
___________
Introduced by Sen. BASKIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the Indian law, in relation to the entering of lands
owned or occupied by any nation, tribe, or band of Indians by a person
and law enforcement agreements with the Seneca Nation
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1, 5 and 6 of section 8 of the Indian law,
2 subdivisions 1 and 5 as amended and subdivision 6 as added by a chapter
3 of the laws of 2025 amending the Indian law relating to non-Indian tres-
4 pass and drug trafficking activities within Indian lands, as proposed in
5 legislative bills numbers S. 8127 and A. 8289, are amended to read as
6 follows:
7 1. a. Except as otherwise provided by law, no person shall enter,
8 remain, settle or reside, conduct a business, operate a junkyard, or
9 establish or contribute to an automobile graveyard or dump of any kind,
10 upon any lands owned or occupied by any nation, tribe or band of Indi-
11 ans, except the citizens or members of such nation, tribe or band or
12 their authorized guests or lessees.
13 b. For purposes of this subdivision, a person shall not be deemed to
14 have entered the lands owned or occupied by any nation, tribe, or band
15 of Indians if such person is temporarily and continuously passing
16 through such lands on highways, roads, trails, or other thoroughfares.
17 5. If a person, conducting a business, engaging in drug trafficking,
18 operating a junkyard, or having established or contributed to an automo-
19 bile graveyard or dump, shall have been determined to be an intruder
20 under this section, such judge may, in addition to any other penalty
21 prescribed by this section, order the confiscation or removal of such
22 business, drug trafficking materials or equipment, junkyard, automobile
23 graveyard or dump within a reasonable time subject to the consent [of
24 the authority] of the affected nation, tribe or band.
25 6. [A] Except as set forth in paragraph b of subdivision one of this
26 section, a determination or designation by the nation, tribe or band of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11875-02-6
S. 8834 2
1 a person as an intruder upon the lands of such nation, tribe or band
2 shall be dispositive of the matter.
3 § 2. Section 79 of the Indian law, as added by a chapter of the laws
4 of 2025 amending the Indian law relating to non-Indian trespass and drug
5 trafficking activities within Indian lands, as proposed in legislative
6 bills numbers S. 8127 and A. 8289, is amended to read as follows:
7 § 79. Law enforcement agreements. 1. Notwithstanding any other
8 provision of law, at the request of the Seneca nation, [the governor,]
9 the superintendent of state police, a sheriff of a county that includes
10 lands of the Seneca nation, or the chief of police of the city of Sala-
11 manca, may enter into an agreement with the Seneca nation [governing the
12 terms and conditions of criminal law enforcement activities] detailing
13 the activities that such law enforcement entity will undertake within
14 the nation's federally-recognized Indian Country lands. These agree-
15 ments shall not be construed to limit the powers, duties, and responsi-
16 bilities to undertake activities on Indian lands, including lands of the
17 Seneca nation, that have otherwise been conferred upon such law enforce-
18 ment entities pursuant to law, rule, or regulation.
19 2. The agreements authorized in subdivision one of this section may
20 include provisions [defining criminal offenses and penalties that shall
21 apply within the nation, deputization] related to the appointment of
22 tribal members or nation employees as police officers pursuant to para-
23 graphs (c) and (d) of subdivision thirty-four of section 1.20 of the
24 criminal procedure law, extradition, and other related provisions that
25 may be agreed upon by the parties. These agreements are not intended to
26 and shall not be interpreted as adding, repealing, or otherwise amending
27 any law, rule, or regulation.
28 [3. The courts of the state shall give full force and effect to the
29 provisions of any agreement authorized herein in any criminal proceeding
30 arising out of offenses committed within the lands of the Seneca
31 nation.]
32 § 3. This act shall take effect on the same date and in the same
33 manner as a chapter of the laws of 2025 amending the Indian law relating
34 to non-Indian trespass and drug trafficking activities within Indian
35 lands, as proposed in legislative bills numbers S. 8127 and A. 8289,
36 takes effect.
