Title IND, Indian

§ 1. Short title. This chapter shall be known as the "Indian Law."

§ 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 …

§ 100. Payment of annuity. The department of social welfare shall annually pay to the clerk of the Saint Regis tribe out of moneys appropriated therefor by the legislature, any amount due to such tribe pursuant to the terms of existing agreements between the state and such India…

§ 101. The clerk. 1. The clerk of the tribe shall receive all moneys belonging to such tribe, including moneys due from the state and due on any tribal lands leased by the tribe for its benefit. He shall pay out moneys only upon the warrant of a majority of the chiefs of the tri…

§ 102. Allotment of lands. The chiefs or headmen of the Saint Regis nation of Indians in the county of Franklin, in council, shall allot and set apart for any Indian or Indian family making application and not possessing land, so much of the tribal lands as they shall deem reaso…

§ 103. Consent of chiefs to sale of timber. Any Indian having tribal lands allotted to him by the chiefs, if the consent of such chiefs is entered in the clerk's book, may sell for his own benefit any timber or trees on that portion of such lands which he shall actually and in g…

§ 104. Indian trespassers. Any Indian who shall cut or destroy timber or trees on any of the timbered lands of such nation, or without the consent of such chiefs, shall be liable to a penalty of twice the value of the timber so cut down or destroyed recoverable by such chiefs in…

§ 105. Illegal sales of timber, trees and stone. Every sale or disposition without the consent of such chiefs, by any individual Indian or Indians, of any tree, timber or stone on any of the tribal lands, or of any manufacture therefrom, shall be void. The chiefs may sell for th…

§ 106. Jurisdiction of council to determine disputes. The chiefs of such tribe in council assembled may hear and determine charges of encroachment or trespass on lands cultivated or occupied by any Indian, entered or described in the clerk's book of records; and controversies in…

§ 107. General powers of council. The council of the Saint Regis nation may pass by-laws and ordinances not inconsistent with law, for the protection and improvement of the common land of the nation, for the regulation of fences and for the prevention of trespasses by cattle and…

§ 108. Qualifications of voters. All Indians of the Saint Regis tribe, who are eighteen years of age or upwards, who reside on the American side of the line dividing the United States from Canada, and who are entitled to draw the yearly annuity money, shall be entitled to vote f…

§ 109. Officers of tribes. The chiefs or headmen, the subchiefs and clerk of the Saint Regis tribe in office when this section takes effect shall continue in office until the expiration of the terms for which they were elected. Their successors shall be elected in the manner pro…

§ 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 t…

§ 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…

§ 110. Election of officers. The election of the Saint Regis tribe of Indians shall be held annually on the first Saturday in June. At each election there shall be elected by a plurality of the votes cast by the qualified voters of such tribe, one chief and one subchief thereto,…

§ 111. Conduct of elections. The clerk of the tribe shall provide a sufficient number of ballot-boxes so that there shall be a separate ballot-box for each officer to be elected, the expense for which shall be paid from the moneys due to the tribe from the state. The county atto…

§ 112. Canvass of votes. Upon the closing of the polls at such election, such county attorney or sheriff and such council members not then candidates for election shall count the votes cast thereat and publicly declare the result of such election, specifying the number of votes …

§ 113. Vacancies. If a vacancy shall occur for any reason in the office of chief or headman, subchief or clerk of such tribe, the chiefs or headmen shall appoint a person to fill such vacancy, who shall hold office until the next succeeding annual election, at which a person sha…

§ 114. St. Regis Mohawk tribal police. 1. By notifying the superintendent of state police, the St. Regis Mohawk tribal council may establish a St. Regis Mohawk Tribe police department employing police officers appointed in accordance with this section. a. At the time of the esta…

§ 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, …

§ 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, tha…

§ 120. Election of trustees. The adult male members belonging to the Shinnecock tribe of Indians in Suffolk county, who for the preceding six months shall have resided on the reservation of said tribe, may meet on the first Tuesday in April in each year, at the place of holding …

§ 121. Powers of trustees. Such trustees may allot the tribal lands to the individuals or families thereof; may direct on what part of such lands firewood and timber may be cut by such tribe; and, with the consent of three justices of the peace residing in or near the town of So…

§ 122. Unlawful use of lands. Any person, not of such tribe, who shall hire, use or occupy any lands of such tribe, which have been allotted by the trustees thereof, or any person who shall occupy or use any of such lands without the consent of a majority of such trustees, and o…

§ 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 indiv…

§ 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 tr…

§ 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 …

§ 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…

§ 150. Leadership of Poospatuck Indian nation; elections; terms of office. The Poospatuck Indian nation historically has had and shall continue to have a chief, three land trustees, a tribal secretary, a keeper of the records, and a keeper of the wampums. They shall be elected b…

§ 151. Qualifications of voters. No person shall vote at the election provided for in section one hundred fifty of this article unless such person is at least eighteen years of age; has been actually residing on the reservation for six months immediately preceding such election;…

§ 152. Qualifications for office. All officers shall qualify for office and perform their respective duties in accordance with the tribal rules, customs and regulations of the Poospatuck Indian nation and, in addition, shall have been actually residing on the reservation for six…

§ 153. Survey of tribal land of the Poospatuck tribe. The Poospatuck Indian tribe is hereby authorized to have an accurate survey and description made of its tribal lands for the purposes of determining its reservation boundaries. Such survey shall, however, not affect the claim…

§ 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 b…

§ 18. Fire corporations. Notwithstanding any other provisions of law, the members of the Seneca Nation of Indians may establish fire corporations to provide fire protection and related services upon the Seneca Indian reservations, or any part thereof, subject to the approval of …

§ 19. Fire Protection Contracts. Notwithstanding any other provisions of law, the Seneca Nation of Indians and any city, town, village, fire district or incorporated fire company may enter into a contract or contracts whereby such city, town, village, fire district or incorporat…

§ 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 Natio…

§ 20. Appointment, term of office and qualifications of the agent of the Onondaga Indians. The offices of agent of the Onondaga Indians residing on the Onondaga reservation, and of agent of the Onondaga Indians residing on the Allegany, Cattaraugus, Tuscarora and Tonawanda reser…

§ 200. Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed.

§ 201. When to take effect. This chapter shall take effect immediately.

§ 21. Duties of agent. Such agent shall annually, on or before the first Monday of June, prepare and transmit to the department of social welfare a correct enumeration of such of the Indians of whom he is agent, as are entitled to receive annuity moneys from the state. The depar…

§ 22. Cutting and removing timber. No person other than an Onondaga Indian shall cut or remove from the Onondaga reservation any tree, timber, wood, bark or poles; and no Indian shall cut any tree, timber, wood, bark or poles for the purpose of sale or removal from such reservat…

§ 23. Consent of agent to certain contracts. Every contract which shall be made without the written consent of the agent of the Onondaga Indians, by any person other than an Indian, with any Indian of the Onondaga tribe, or with any Indian of any other nation or tribe residing o…

§ 24. Leases. An Indian residing on the Onondaga reservation and a member of the Onondaga tribe, owning or possessed of improved lands therein, may lease such lands to white persons, for a term not to exceed ten years; but no individual Indian shall have the right to lease any l…

§ 26. Plank-road on reservation. All Indians residing on the Onondaga reservation, or belonging to the Onondaga tribe, shall, as to the portion of the Syracuse and Tully plank-road constructed upon such reservation, and as to all gates erected within the bounds thereof, pass fre…

§ 28. Keeping or pasturing of cattle; damages; penalty. Any person who keeps, pastures, has in his possession, or under his control, any horses, cattle, or other animals, on lands contained in the Onondaga Indian reservation, unless the same are kept, pastured, or possessed, as …

§ 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 …

§ 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…

§ 40. Use of terms. In this chapter the Seneca Indians residing on the Allegany and Cattaraugus reservations are designated the Seneca nation, and the Seneca Indians residing on the Tonawanda reservation are designated the Tonawanda nation. For the purposes of voting and holding…

§ 41. Enumeration of officers. The government of the Seneca nation by chiefs is abolished. Each nation shall have as officers a clerk and a treasurer. The Tonawanda nation shall have a marshal and three peacemakers. The Seneca nation shall have a marshal, three peacemakers, and …