What's happening
This bill grants state recognition and acknowledgment to the Montaukett Indians and establishes rules for their tribal governance.
Why it matters
Restores State Recognition. This bill directly addresses a historical legal decision (Pharoah v. Benson, 1910) that declared the Montaukett Indians extinct and explicitly seeks to correct that record, acknowledging the tribe’s continued existence and significance.
Defines Tribal Governance Structure. The bill establishes a specific governance framework for the Montaukett Indians, requiring annual elections for tribal leadership positions such as chief/sachem, trustees, and secretary, and outlines who can vote and hold office based on tribal membership and customs.
Sets Conditions for Enactment. Implementation is contingent upon a review and affirmative determination by the Secretary of State, involving additional administrative oversight and ensuring that recognition is based on a considered state process.
Potential Implications for Rights and Services. State recognition could have significant effects for the Montaukett Indians, potentially impacting access to state resources, legal standing, cultural preservation efforts, and the ability to engage with government programs or land claims.
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Who cares
Headline styles
Recognize Montaukett Indians
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Vetoed memo.360
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.886
- Substituted for A9898
- Referred to judiciary
- Delivered to assembly
- Passed senateVote 61–0
- Ordered to third reading cal.1581
- Committee discharged and committed to rules
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Recognize Montaukett Indians
Assembly Floor Calendar · Sponsor Fred Thiele
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 7770 A. 9898
SENATE - ASSEMBLY
February 21, 2018
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
IN ASSEMBLY -- 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 the state recognition and acknowledgement of the Montaukett Indians
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2 of the Indian law, as added by chapter 174 of the laws of 2013, is amended to read as follows:
§ 2. New York state Indian nations and tribes. The term "Indian nation or tribe" means one of the following New York state Indian nations or tribes: Cayuga Nation, Oneida Nation of New York, Onondaga Nation, Poospatuck or Unkechauge Nation, Saint Regis Mohawk Tribe, Seneca Nation of Indians, Shinnecock Indian Nation, Tonawanda Band of Seneca, the Montaukett Indians, and Tuscarora Nation.
§ 2. The Indian law is amended by adding a new article 11 to read as follows:
ARTICLE 11
THE MONTAUKETT INDIANS Section 170. State recognition and acknowledgment.
171. Leadership of Montaukett Indians; elections; terms of
office.
172. Qualifications of voters.
173. Qualifications for office.
Section 170. State recognition and acknowledgment. The Montaukett Indians seek to restore their acknowledgment and recognition by the state of New York. Such recognition and acknowledgment was improperly removed from the Montaukett Indians in 1910 in the case of PHAROAH V. BENSON, 69 Misc. Rep. 241(Supreme, Suffolk Co., 1910) affirmed 164 App. Div. 51, affirmed 222 N.Y. 665 when the Montaukett Indians were declared to be extinct. In 1994, the State Supreme Court, in the case of BREAKERS
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14536-01-8
S. 7770 2 A. 9898
MOTEL, INC. V. SUNBEACH MONTAUK TWO, INC., subsequently described the PHAROAH case as being of "questionable propriety". It is the purpose of this act to correct this impropriety by granting state recognition and acknowledgment to the Montaukett Indians.
§ 171. Leadership of Montaukett Indians; elections; terms of office. The Montaukett Indians shall have a chief or sachem, three tribal trustees, and a tribal secretary. They shall be elected by a majority vote by ballot of the blood right members of the tribe eligible to vote at the annual tribal meeting which shall be held annually on the first Tuesday in April. All officers shall hold office for a period of one year.
§ 172. Qualifications of voters. No person shall vote at the election provided for in section one hundred seventy-one of this article unless such person is at least eighteen years of age and is certified as a blood right member of the Montaukett Indians nation in accordance with the tribal rules, customs and regulations of the Montaukett Indians.
§ 173. Qualifications for office. All officers shall qualify for office and perform their respective duties in accordance with the tribal rules, customs and regulations of the Montaukett Indians.
§ 3. This act shall take effect after (a) completion of a review by the Secretary of State, as directed by the Governor, pursuant to Veto 210 of 2013 and Veto 174 of 2017, and (b) submission of an affirmative written determination from the Secretary of State to the Assembly, Senate and Governor that state recognition and acknowledgement is warranted; provided however, that if the Secretary of State submits a negative determination on or before January 1, 2019, this act shall be deemed repealed upon January 1, 2019; and further provided that if the Secretary of State fails to submit any determination on or before January 1, 2019, this act shall take effect upon January 1, 2019; provided, further, that the Secretary of State shall notify the legislative bill drafting commission upon the occurrence of the enactment of the legislation provided for in sections one and two of this act in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the Indian law, in relation to the state recognition and acknowledgement of the Montaukett Indians
Purpose
To provide State recognition and acknowledgement of the Montaukett Indi- ans.
Summary of provisions
Section 1. Amends section 2 of the Indian law to include the Montaukett Indians within the term "Indian nation or tribe" in New York.
Read the full memo (635 words)
Section 2. Amends the Indian Law by adding a new Article 11 relating to the State recognition and acknowledgement of the Montaukett Indians.
Section 3. Provides for the effective date of this act.
Justification
The Native American Montaukett Tribe has a long, culturally rich history on the East End of Long Island. The Montaukett Indians had been formally recognized by the State of New York, until their acknowledgement was questionably removed from in 1910 in the land claim case of PHARAOH V. BENSON, 69 Misc. Rep. 241 (Supreme, Suffolk Co., 1910) affirmed 164 App. Div. 51, affirmed 222 N.Y. 665, when the Montaukett Indians were declared to be extinct. This case was subsequently described in a 1994 State Supreme Court case, BREAKERS MOTEL, INC. V. SUNBEACH MONTAUK TWO, INC., as being of "questionable propriety".
Historically, the New York State Legislature has granted recognition or acknowledgment to Indian nations and tribes in the State of New York by an act of the Legislature. Just as Chapter 31 of the Laws of 1909 and Chapter 39 of the Laws of 1978 established Article 9 and Article 10 of the Indian Law that include two other eastern Long Island Indian Nations, the Shinnecock and Poospatuck (Unkechauge), respectively.
In 2013, the Governor vetoed a measure passed by the Legislature that would have established criteria for considering the request of the Montauketts to be acknowledged by the State. Veto 210 of 2013 included a directive by the Governor to the Department of State (DOS) to move forward with an analysis to determine if State recognition of the Montaukett Indians is warranted.
Four years later in 2017 and still no determination by DOS in this regard, the Legislature again passed legislation to provide State recog- nition and acknowledgement of the Montaukett Indians. The Governor went on to issue another veto on this initiative stating that analysis is still ongoing and directed the Department to "continue to proactively communicate with the Montaukett Indian tribe, as well as any interested parties, to obtain all relevant information necessary to complete the review in a timely manner."
It has now been well over a century since the courts of New York State declared that the Montaukett Indians no longer existed. This misdeed has been perpetuated over all these years despite the fact that the members of this sovereign Indian nation have continued to live in our community, maintain their culture, and govern themselves. This legislation adds a new Article 11 relating to the Montaukett Indians that provides for their State acknowledgement; leadership, elections and terms of office; qualification of voters; and qualifications for office.
Legislative history
2017:S.3006/A.2325 - Veto 174 of 2017 2015-16: S.375A/A.202A; 2014:S.7619/A.9704
Fiscal implications
None to the State.
Effective date
This act shall take effect after (a) completion of a review by the Secretary of State, as directed by the Governor, pursuant to Veto 210 of 2013 and Veto 174 of 2017, and (b) submission of an affirmative written determination from the Secretary of State to the Assembly, Senate and Governor that state recognition and acknowledgement is warranted; provided however, that if the Secretary of State submits a negative determination on or before January 1, 2019, this act shall be deemed repealed upon January 1, 2019; and further provided that if the Secre- tary of State fails to submit any determination on or before January 1, 2019, this act shall take effect upon January 1, 2019.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.