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History
- Referred to investigations and government operations
- Referred to investigations and government operations
Full text
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Sponsor's memo
Title of bill
An act to amend the Indian law, in relation to clarifying that the settlement of a claim respecting Indian lands requires the express consent of the legislature
Purpose
This bill would clarify that the settlement of an Indian land claim requires the express consent of the Legislature.
Summary of provisions
This bill would amend section 7-a of the Indian Law to clarify that the settlement of an Indian land claim, or any purchase of Indian lands, requires the authority and express consent of the Legislature, by statute or resolution.
Existing law
Currently section 7-a of the Indian Law requires that any purchase of Indian lands requires the authority and consent of the Legislature. This bill would clarify that the Legislature's consent must be expressed and that the settlement of a land claim is treated in the same way as other purchases.
Justification
Section 7-a of the Indian Law requires that any purchase or contract for the sale of Indian lands must be made under the authority and with the consent of the Legislature. Any settlement of an Indian land claim would be a species of land purchase.
In order to avoid any misconceptions, section 7-a should be amended to unequivocally state that the settlement of a land claim will be treated in the same fashion as any other purchase of Indian lands and that the Legislature's consent must be expressed.
Legislative history
S.95 of 2007-08; S.401 of 2005-06; S.23 of 2003-04; S.544 of 2001-02; S.1390 of 1999-2000; S.3264 of 1997-98.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.