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S826Senate2025-2026 Session

Consult Tribal Nations on Budget

Official title

“Requires consultation with tribal nations as part of the state budget process”

Sponsor Rachel MaySD-48Affects Finance
Status
In Senate Committee
Finance
Impact
6/10
Moderate
Passage
25%

Bill progress

Step 2 of 7

In committee · Finance

What's happening

This bill requires New York State to consult with tribal nations during the state budget process for programs impacting those nations.

Why it matters

  1. Ensures tribal nations have a formal voice in state budget decisions. by requiring direct consultation before funding proposals are developed, potentially improving the alignment of state programs with tribal needs and priorities.

  2. Mandates annual discussions of funding adequacy. for key services (like schools, health clinics, and libraries) that operate in partnership with tribal nations, which could address chronic underfunding or outdated funding formulas.

  3. Requires transparency and accountability. by distributing the results of these consultations to state legislative leaders and tribal nation leaders, making it harder for budgetary decisions impacting tribal communities to occur without their knowledge or input.

  4. Could improve state-tribal relations. by recognizing treaty obligations and the sovereignty of tribal nations, setting a precedent for more equitable and respectful government-to-government interactions in New York.

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Who cares

  • State-recognized tribal nations

    Relevant nations would be consulted before December 1 each year on funding needs for treaty-obligation programs operated in partnership with the state.

  • Division of the Budget and relevant state agencies

    The division would have to consult tribal nations, agencies and other stakeholders before developing the budget proposal, covering base funding, requested contract updates and supplemental funding where needed.

  • Schools, health clinics and libraries operated through state-tribal partnerships

    Consultations would identify funding needs for adequate operation of these facilities.

  • Governor, legislative leaders and consulted tribal leaders

    They would receive the consultation results, including the Senate and Assembly minority leaders.

Headline styles

Consult Tribal Nations on Budget

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Rachel May

Senator · Senate District 48

Chair, Consumer Protection

No co-sponsors yet.

History

  1. Referred to finance
  2. Referred to finance

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

826

2025-2026 Regular Sessions

IN SENATE (Prefiled)

January 8, 2025

Introduced by Sen. MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Finance

AN ACT to amend the state finance law, in relation to requiring consultation with tribal nations as part of the state budget process

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

Section 1. The state finance law is amended by adding a new section 22-d to read as follows:

§ 22-d. Budget proposals impacting tribal nations. For any program operated or maintained in a nation-to-nation partnership between the state and tribal nations recognized by the state to fulfill obligations established under treaties entered into by the United States and such tribal nations, including but not limited to the operation of facilities such as schools, health clinics, and libraries, the division of the budget shall, before December first of each calendar year, prior to the development of the budget proposal, undergo a consultation process with the relevant tribal nations, state agencies, and other stakeholders to identify funding needs for the adequate operation of such facilities. Such consultation shall involve discussion of base funding levels, requested terms to make updates to any existing contracts, and, where needed, the provision of supplemental funds. The results of such consultations shall be delivered to the governor, the temporary president of the senate, the speaker of the assembly, the minority leader of each chamber, and the leaders of each of the consulted tribal nations.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD03170-01-5

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the state finance law, in relation to requiring consul- tation with tribal nations as part of the state budget process

Title of bill

An act to amend the state finance law, in relation to requiring consul- tation with tribal nations as part of the state budget process

Purpose

To require the Division of Budget to consult with New York's tribal nations as part of the annual budget process

Summary of specific provisions

Section 1: adds a new section 22-d to the state finance law requiring consultation between the Division of Budget and tribal nations as part of the state budget process to identify needs in programs operated or maintained by the state as part of a nation-to-nation partnership.

Section 2: Sets the effective date.

Justification

The long and often troubling history of treaties between the United States and tribal nations is well known. One of the key lessons these treaties embody is the principle of nation-to-nation relations, which these treaties establish - and which govern relations between the United States and tribal nations today. Sovereignty is not merely a legal concept; it is a fundamental aspect of identity and survival. Tribal nations have long fought to maintain their self-government and autonomy. This is especially true in New York State, with its long history of such relations stretching back to the first European settlements in the region. As a state, and as a legislature, it is vital that we enact legislation that takes steps to respect the sovereignty of our neighbors and that continues to work to honor our obligation under treaties such as the Treaty of Canandaigua.

This legislation takes a step toward formalizing consultation in the shaping of the state budget. It mandates consultation between the State of New York and recognized tribal nations for the operation of essential programs such as health clinics, schools, and libraries. This is a crucial step towards recognizing that these treaties represent binding agreements between sovereign nations, not merely historical artifacts.

Consultation is not just about fulfilling legal obligations; it is about acknowledging the inherent rights of these nations to self-governance and decision-making within their territories and among their peoples. By consulting directly with tribal nations in the operation of programs that directly impact their communities, New York State recognizes the sovereignty' of these nations and respects their right to determine their own futures. It can be hoped that this approach will continue to build trust, respect, and collaboration between the state government and

our neighbors, laying the groundwork for more equitable and effective governance.

Furthermore, consulting with tribal nations ensures that the unique needs, cultures, and traditions of these communities are considered in the development and implementation of these programs. Health clinics, schools, and libraries are not one-size-fits-all solutions; they must be tailored to the specific needs and contexts of the communities they serve. Tribal consultation ensures that these programs are culturally sensitive and responsive to the needs of these communities.

Ultimately, honoring the nation-to-nation relationship through meaning- ful consultation is not only a matter of legal responsibility but also a moral imperative. Enacting legislation to formalize this consultation process is a concrete step towards upholding the principles of self-det- ermination and sovereignty for tribal nations in New York State.

Legislative history

New bill

Fiscal implications

2023-2024: S9589 (May) / A10361 (Hunter)

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.