Bill Text: NY A09591 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires the department of state to promulgate rules and regulations providing for the recognition of Indian tribes as Indian Nations; further requires an annual report to the legislature.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-02-27 - advanced to third reading cal.444 [A09591 Detail]

Download: New_York-2019-A09591-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9591

                   IN ASSEMBLY

                                    January 27, 2020
                                       ___________

        Introduced  by  M. of A. JAFFEE, THIELE -- read once and referred to the
          Committee on Judiciary

        AN ACT to amend the Indian law, in relation to requiring the  department
          of  state to promulgate rules and regulations providing for the recog-
          nition of Indian tribes as Indian Nations

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 2 of the Indian law, as added by chapter 174 of the
     2  laws of 2013, is amended to read as follows:
     3    §  2.  New  York  state Indian nations and tribes. 1. The term "Indian
     4  nation or tribe" means one  of  the  following  New  York  state  Indian
     5  nations  or  tribes:  Cayuga Nation, Oneida Nation of New York, Onondaga
     6  Nation, Poospatuck or [Unkechauge] Unkechaug Nation, Saint Regis  Mohawk
     7  Tribe,  Seneca  Nation  of  Indians, Shinnecock Indian Nation, Tonawanda
     8  Band of Seneca and Tuscarora Nation.
     9    2. a. The department of state shall promulgate rules  and  regulations
    10  providing  for  a process for Indian tribes to apply to be recognized as
    11  Indian Nations.   Rules and regulations  promulgated  pursuant  to  this
    12  subdivision shall include, but not be limited to, any established crite-
    13  ria  necessary  for  recognizing  domestic Indian tribes, the evaluation
    14  process by which an Indian tribe can seek to be recognized as an  Indian
    15  Nation, and the timeline within which the department of state will proc-
    16  ess such applications.
    17    The  department  of  state  shall  promulgate all applicable rules and
    18  regulations required by this subdivision no later  than  January  first,
    19  two thousand twenty-two.
    20    b.  The department of state shall issue an annual report and recommen-
    21  dations to the legislature. The annual report  shall  include,  but  not
    22  necessarily be limited to, a summary of the applications received by the
    23  department  of state for tribal recognition, the status of each applica-
    24  tion received by the department of  state,  recommendations  on  whether
    25  legislation  should  be  enacted  to grant state recognition to any such
    26  applicant tribe and all material, analysis, law and  reasoning  used  in
    27  reaching such recommendation. Annual reports to the legislature shall be
    28  issued no later than January thirty-first of each year.
    29    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14794-02-0