New York · statute · N.Y. Indian Law · 110 active provisions
INDIAN LAW Laws 1909, Chap. 31. AN ACT in relation to Indians, constituting chapter twenty-six of the consolidated laws. Became a law February 17, 1909, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: CH…
ARTICLE 1 Short Title Section 1. Short title.
§ 1. Short title. This chapter shall be known as the "Indian Law."
ARTICLE 2 General Provisions Section 2. New York state Indian nations and tribes. 3. Power to contract. 4. Marriage and divorce. 5. Actions in state courts. 5-a. Surrender of tribal records. 6. Exemption of reservation lands from taxation. 7. Partition of tribal lands. 7-a. Purchase of lands of Indians. 8. Intrusion on…
§ 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, T…
§ 3. Power to contract. An Indian shall be liable on his contracts not prohibited by law. An Indian may take, hold and convey real property the same as other citizens, but no land owned or occupied as the common property of any nation, tribe or band of Indians shall be conveyed otherwise than as provided in section sev…
§ 4. Marriage and divorce. The laws of the state relating to the capacity to contract marriage, the solemnization of marriage, the annulment of the marriage contract, and divorce, are applicable to Indians; and subject to the jurisdiction of the peacemakers' courts of the Seneca nation to grant divorces, the same court…
§ 5. Actions in state courts. Any action or special proceeding between Indians or between one or more Indians and any other person or persons may be prosecuted and enforced in any court of the state to the same extent as provided by law for other actions and special proceedings.
§ 5-a. Surrender of tribal records. 1. At the end of the term of office of each officer, trustee, chief or headman of any nation, tribe or band of Indians, all books, records and papers of such body entrusted to or in the custody of such officer, trustee, chief or headman shall be immediately surrendered to the preside…
§ 6. Exemption of reservation lands from taxation. No taxes shall be assessed, for any purpose whatever, upon any Indian reservation in this state, so long as the land of such reservation shall remain the property of the nation, tribe or band occupying the same.
§ 7. Partition of tribal lands. Any nation, tribe or band of Indians which owns and occupies land in this state as the common property of such nation, tribe or band may, by the act of its Indian government, divide such lands into lots, and distribute and partition the same, quantity and quality relatively considered, a…
§ 7-a. Purchase of lands of Indians. No purchase or contract for the sale of lands of Indians in this state, shall be valid unless made under the authority, and with the consent of the legislature.
§ 8. Intrusion on tribal lands. 1. a. Except as otherwise provided by law, no person shall enter, remain, settle or reside, conduct a business, 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…
§ 9. Residence of other Indians on tribal lands. The chiefs, head men or councilors of any nation, tribe or band of Indians other than the Seneca nation, in council assembled, may, by a majority vote, grant a written permit to any Indian not a member of such nation, tribe or band, to reside upon the tribal lands thereo…
§ 10. Licenses to reside upon tribal lands. A county judge of a county in which lands of any nation, tribe or band of Indians are situated, may, upon the request of such nation, tribe or band, grant a written license to a schoolmaster, teacher or family of teachers, or minister of the gospel and his family, or priest,…
§ 11. Trespasses on tribal lands. An action may be brought, in the name of the people of the state, against any person other than an Indian, trespassing upon tribal lands, by the district attorney of the county in which such lands are situated, upon security for the payment of the costs of such action being given to hi…
§ 11-a. Recovering possession of reservation land. In addition to any other remedy provided by this chapter or by any other law, the council, chiefs, trustees or headmen constituting the governing body of any nation, tribe or band of Indians may in the name and on behalf of such nation, tribe or band, maintain any acti…
§ 12. Highways on tribal lands. Commissioners of highways of towns in which an Indian reservation is wholly or partly situated shall have the same power and jurisdiction over the portion of the reservation in their respective towns, to improve highways already laid out therein, as is conferred upon such commissioners b…
§ 12-a. Indian cemetery or burial grounds. The office of parks and recreation shall have the power to designate any Indian cemetery or burial ground as a place of historic interest pursuant to subdivision one of section 3.09 of the parks and recreation law provided, however, that such cemetery or burial ground is not l…
§ 13. Powers of departments of charities and education in relation to Indians. The department of charities shall hear and determine all questions which may arise in relation to moneys under the control of the state, belonging to any nation, tribe or band of Indians, or any individual Indian or his descendants, except m…
§ 13-a. Payments for Indians. Whenever it shall appear that any person whose name shall be certified for payment of an annuity or other fund by the state is incapable of receiving it because of incompetency or infancy said payment shall be made to the attorney or agent of the tribe of which said incompetent or infant i…
§ 14. Trust funds for Indians. The departments of education and charities, respectively, for the purposes hereinafter specified, shall receive from any nation, tribe or band of Indians residing in the state, any sums of money which such Indians may wish to put in trust with the state of New York, upon condition that th…
§ 15. Freedom from toll and ferriage. The Indians of the Six Nations may pass and repass free of toll and ferriage, at all seasonable times of the day, on any turnpike road, which shall have been established since April sixth, eighteen hundred and three, or which shall hereafter be established, leading from or through…
§ 16. Indian settlement agreements. Notwithstanding any other provision of law, the provisions of the Oneida Settlement Agreement referenced in section eleven of the executive law shall be deemed to supersede any inconsistent laws and regulations.
§ 17. Notwithstanding the provisions of any other provision of this chapter limiting to members of the male sex the right to vote in elections and meetings of any nation, tribe or band of Indians, no member of the feminine sex being a member of such nation, tribe or band shall be disqualified by sex from voting in elec…