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Assembly Bill A4359

2023-2024 Legislative Session

Requires the department of state to promulgate rules and regulations providing for the recognition of Indian tribes as Indian Nations

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2023-A4359 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Indian Law
Laws Affected:
Amd §2, Indian L
Versions Introduced in Other Legislative Sessions:
2017-2018: A11023
2019-2020: A9591
2021-2022: A5299

2023-A4359 (ACTIVE) - Summary

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.

2023-A4359 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4359
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced  by  M.  of A. ZEBROWSKI, 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:
 
   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. 1. 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] UNKECHAUG Nation, Saint Regis  Mohawk
 Tribe,  Seneca  Nation  of  Indians, Shinnecock Indian Nation, Tonawanda
 Band of Seneca and Tuscarora Nation.
   2. A. THE DEPARTMENT OF STATE SHALL PROMULGATE RULES  AND  REGULATIONS
 PROVIDING  FOR  A PROCESS FOR INDIAN TRIBES TO APPLY TO BE RECOGNIZED AS
 INDIAN NATIONS.   RULES AND REGULATIONS  PROMULGATED  PURSUANT  TO  THIS
 SUBDIVISION SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY ESTABLISHED CRITE-
 RIA  NECESSARY  FOR  RECOGNIZING  DOMESTIC INDIAN TRIBES, THE EVALUATION
 PROCESS BY WHICH AN INDIAN TRIBE CAN SEEK TO BE RECOGNIZED AS AN  INDIAN
 NATION, AND THE TIMELINE WITHIN WHICH THE DEPARTMENT OF STATE WILL PROC-
 ESS SUCH APPLICATIONS.
   THE  DEPARTMENT  OF  STATE  SHALL  PROMULGATE ALL APPLICABLE RULES AND
 REGULATIONS REQUIRED BY THIS SUBDIVISION NO LATER  THAN  JANUARY  FIRST,
 TWO THOUSAND TWENTY-FIVE.
   B.  THE DEPARTMENT OF STATE SHALL ISSUE AN ANNUAL REPORT AND RECOMMEN-
 DATIONS TO THE LEGISLATURE. THE ANNUAL REPORT  SHALL  INCLUDE,  BUT  NOT
 NECESSARILY BE LIMITED TO, A SUMMARY OF THE APPLICATIONS RECEIVED BY THE
 DEPARTMENT  OF STATE FOR TRIBAL RECOGNITION, THE STATUS OF EACH APPLICA-
 TION RECEIVED BY THE DEPARTMENT OF  STATE,  RECOMMENDATIONS  ON  WHETHER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07005-01-3

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