S T A T E O F N E W Y O R K
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8127
2025-2026 Regular Sessions
I N S E N A T E
May 15, 2025
___________
Introduced by Sen. S. RYAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to amend the Indian law, in relation to non-Indian trespass and
drug trafficking activities within Indian lands
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 8 of the Indian law, as amended by chapter 886 of
the laws of 1957, is amended to read as follows:
§ 8. Intrusion on tribal lands. 1. Except as otherwise provided by
law, no person shall ENTER, REMAIN, settle or reside, conduct a busi-
ness, operate a junkyard, or establish or contribute to an automobile
graveyard or dump of any kind, upon any lands owned or occupied by any
nation, tribe or band of Indians, except the CITIZENS OR members of such
nation, tribe or band OR THEIR AUTHORIZED GUESTS OR LESSEES.
2. Without the permission of the council or other similar authority of
any Indian reservation, no person shall hereafter establish, conduct and
operate, or contribute to the establishment, conduct and operation of
any junkyard, automobile graveyard or dump on any land within the limits
of an Indian reservation. Any lease, contract or agreement in violation
of this section shall be void.
3. THE DISTRICT ATTORNEY OF ANY COUNTY IN WHICH RESERVATION LANDS ARE
SITUATED, UPON THE WRITTEN APPLICATION OF SUCH PERSON OR ENTITY DESIG-
NATED BY THE LAWS OF THE NATION, TRIBE OR BAND TO MAKE SUCH APPLICATION
ON BEHALF OF THE NATION, TRIBE OR BAND OWNING AND OCCUPYING SUCH LANDS,
SHALL MAKE COMPLAINT OF ANY INTRUSIONS ON SUCH LANDS, AND CAUSE THE
INTRUDERS TO BE REMOVED.
4. The county judge of the county in which such lands are situated,
upon complaint made to [him] SUCH JUDGE, of a violation of this section
shall, if [he] SUCH JUDGE thinks there is reasonable ground therefor,
issue a notice directed to the person against whom complaint is made,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11875-01-5
S. 8127 2
requiring [him] SUCH PERSON to appear before such judge at a time and
place therein specified, to answer the complaint. Such judge shall
attend at the time and place mentioned in the notice, and upon proof of
the personal service of such notice, shall take proof of the facts
alleged in the complaint, and shall determine whether such person is an
intruder upon the lands of such reservation. If [he] SUCH JUDGE shall
determine that such person is an intruder, [he] SUCH JUDGE shall issue a
warrant to the sheriff of the county commanding [him] SUCH SHERIFF,
within ten days after the receipt thereof, to remove such person from
such lands. If such judge shall determine that such person has been
removed from such lands on a previous occasion, [he] SUCH JUDGE shall
issue [his] SUCH JUDGE'S warrant commanding the sheriff, within ten days
from the receipt thereof, to remove such person and, NOTWITHSTANDING ANY
OTHER PROVISIONS OF LAW, commit [him] SUCH PERSON to the county jail for
the space of [thirty] NINETY days, without being entitled to the limits
or the liberties of such jail; and such judge shall cause such
conviction to be drawn up and filed in the office of the county clerk,
which conviction shall be final. In the execution of either of such
warrants the sheriff shall have the same powers as in the execution of
criminal process, and shall be paid by the state such compensation as
the comptroller shall certify as reasonable. [The district attorney of
any county in which reservation lands are situated, upon the written
application of a majority of the chiefs, councilors or head man of the
nation, tribe or band owning and occupying such lands, shall make
complaint of any intrusions on such lands, and cause the intruders to be
removed.]
5. If a person, conducting a business, ENGAGING IN DRUG TRAFFICKING,
operating a junkyard, or having established or contributed to an automo-
bile graveyard or dump, shall have been determined to be an intruder
under this section, such judge may, in addition to any other penalty
prescribed by this section, order the CONFISCATION OR removal of such
business, DRUG TRAFFICKING MATERIALS OR EQUIPMENT, junkyard, automobile
graveyard or dump within a reasonable time SUBJECT TO THE CONSENT OF THE
AUTHORITY OF THE AFFECTED NATION, TRIBE OR BAND.
6. A DETERMINATION OR DESIGNATION BY THE NATION, TRIBE OR BAND OF A
PERSON AS AN INTRUDER UPON THE LANDS OF SUCH NATION, TRIBE OR BAND SHALL
BE DISPOSITIVE OF THE MATTER.
§ 2. The Indian law is amended by adding a new section 79 to read as
follows:
§ 79. LAW ENFORCEMENT AGREEMENTS. 1. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, AT THE REQUEST OF THE SENECA NATION, THE GOVERNOR, THE
SUPERINTENDENT OF STATE POLICE, A SHERIFF OF A COUNTY THAT INCLUDES
LANDS OF THE SENECA NATION, OR THE CHIEF OF POLICE OF THE CITY OF SALA-
MANCA, MAY ENTER INTO AN AGREEMENT WITH THE SENECA NATION GOVERNING THE
TERMS AND CONDITIONS OF CRIMINAL LAW ENFORCEMENT ACTIVITIES WITHIN THE
NATION'S FEDERALLY-RECOGNIZED INDIAN COUNTRY LANDS.
2. THE AGREEMENTS AUTHORIZED IN SUBDIVISION ONE OF THIS SECTION MAY
INCLUDE PROVISIONS DEFINING CRIMINAL OFFENSES AND PENALTIES THAT SHALL
APPLY WITHIN THE NATION, DEPUTIZATION, EXTRADITION, AND OTHER RELATED
PROVISIONS THAT MAY BE AGREED UPON BY THE PARTIES.
3. THE COURTS OF THE STATE SHALL GIVE FULL FORCE AND EFFECT TO THE
PROVISIONS OF ANY AGREEMENT AUTHORIZED HEREIN IN ANY CRIMINAL PROCEEDING
ARISING OUT OF OFFENSES COMMITTED WITHIN THE LANDS OF THE SENECA NATION.
§ 3. This act shall take effect immediately.
