Bill Text: NY A01911 | 2009-2010 | General Assembly | Introduced
Bill Title: 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
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-01-06 - referred to judiciary [A01911 Detail]
Download: New_York-2009-A01911-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1911 2009-2010 Regular Sessions I N A S S E M B L Y 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 S 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 S 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 S 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 S 4. This act shall take effect immediately.