Assembly Bill A11574

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11574
 
                           I N  A S S E M B L Y
 
                               June 4, 2026
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Peoples-
   Stokes) -- read once and referred to  the  Committee  on  Governmental
   Operations
 
 AN  ACT  to  amend  the Indian law, in relation to relinquishing certain
   criminal and police jurisdiction over members of the Seneca Nation  of
   Indians  and  recognizing the sovereign authority of the Seneca Nation
   over matters occurring within its territories
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Legislative findings and intent. The legislature finds and
 declares that the  Seneca  Nation  of  Indians  is  a  sovereign  nation
 possessing  inherent powers of self-government recognized by treaties of
 the United States and federal law. During the federal Indian termination
 era after World War II, Congress enacted legislation granting the  state
 of  New  York criminal jurisdiction within the territories of the Seneca
 Nation, thereby diminishing the Nation's exclusive authority over public
 safety and criminal justice matters occurring  within  its  lands.  This
 bill  recognizes the primary criminal and police authority of the Seneca
 Nation over its own citizens and members of other  federally  recognized
 Indian nations or tribes and advances principles of tribal self-determi-
 nation,  public  safety,  governmental  accountability,  and respect for
 treaty relationships. It is the intent of the legislature to  relinquish
 and disclaim, to the fullest extent permitted by federal law, any crimi-
 nal  investigatory, police, or law enforcement jurisdiction exercised by
 the state of New York over enrolled citizens of the  Seneca  Nation  for
 conduct  occurring within the Nation's territories, and to recognize the
 primary authority of the Seneca Nation over such matters.
   § 2. The Indian law is amended by adding a new section 61 to  read  as
 follows:
   § 61. RELINQUISHMENT  OF STATE POLICE AND CRIMINAL JURISDICTION WITHIN
 SENECA NATION TERRITORIES. 1. AS USED IN THIS SECTION:
   (A) "INDIAN" SHALL MEAN AN ENROLLED MEMBER OF A  FEDERALLY  RECOGNIZED
 INDIAN NATION OR TRIBE.
   (B) "NATION" SHALL MEAN THE SENECA NATION OF INDIANS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16021-01-6
 A. 11574                            2
 
   (C)  "NATION  TERRITORY"  SHALL  MEAN  ALL  LANDS OWNED BY THE NATION,
 INCLUDING ITS RESERVATION LANDS AND RESTRICTED FEE LANDS, WHICH  CONSTI-
 TUTES INDIAN COUNTRY AS DEFINED BY FEDERAL LAW.
   (D)  "CITIZEN"  SHALL MEAN AN ENROLLED CITIZEN OR MEMBER OF THE SENECA
 NATION.
   2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE  CONTRARY,
 THE  STATE  HEREBY  RELINQUISHES  AND  DISCLAIMS,  TO THE MAXIMUM EXTENT
 AUTHORIZED BY FEDERAL LAW, CRIMINAL LAW ENFORCEMENT AND POLICE JURISDIC-
 TION OVER INDIANS FOR CONDUCT OCCURRING WITHIN NATION TERRITORY.
   3. (A) EXCEPT AS OTHERWISE PROVIDED BY FEDERAL LAW:
   I. NO AGENCY, OFFICER, OR EMPLOYEE OF THE STATE, INCLUDING  THE  DIVI-
 SION OF STATE POLICE, SHALL EXERCISE POLICE POWERS OVER A CITIZEN OF THE
 NATION OR ANY INDIAN WITHIN NATION TERRITORY; AND
   II. STATE AGENCIES SHALL DEFER PRIMARY LAW ENFORCEMENT AUTHORITY WITH-
 IN  NATION  TERRITORY TO THE NATION AND ITS DULY AUTHORIZED LAW ENFORCE-
 MENT OFFICERS.
   (B) THE PROVISIONS OF THIS SUBDIVISION MAY BE SUPERSEDED BY THE  TERMS
 OF  ANY  AGREEMENT  BETWEEN THE NATION AND THE STATE PURSUANT TO SECTION
 SEVENTY-NINE OF THIS CHAPTER.
   4. NOTHING IN THIS SECTION SHALL:
   (A) IMPAIR FEDERAL CRIMINAL JURISDICTION;
   (B) PROHIBIT THE ENFORCEMENT OF STATE LAW WHERE  OTHERWISE  AUTHORIZED
 BY FEDERAL LAW;
   (C)  IMPAIR EMERGENCY RESPONSE AUTHORITY NECESSARY TO PREVENT IMMINENT
 DEATH OR SERIOUS PHYSICAL INJURY;
   (D) DIMINISH THE SOVEREIGN IMMUNITY OF THE NATION; OR
   (E) LIMIT THE NATION'S AUTHORITY TO ESTABLISH  AND  MAINTAIN  ITS  OWN
 COURTS, POLICE DEPARTMENT, MARSHALS, OR PUBLIC SAFETY AGENCIES.
   § 3. If any clause, sentence, paragraph, subdivision, section, or part
 of  this act shall be adjudged invalid by a court of competent jurisdic-
 tion, such judgment shall not affect, impair, or invalidate the  remain-
 der thereof.
   §  4.  This  act  shall  take  effect upon enactment of legislation by
 Congress nullifying or repealing state jurisdiction over Seneca  Nation.
 The  governor shall certify the occurrence of such condition and publish
 notice thereof in the state register; provided that  the  department  of
 state  shall  notify  the  legislative bill drafting commission upon the
 occurrence of the enactment of the legislation provided for  in  section
 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  offi-
 cers law.