Title IND, Indian

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

§ 10. Licenses to reside upon tribal lands. A county judge of a\ncounty in which lands of any nation, tribe or band of Indians are\nsituated, may, upon the request of such nation, tribe or band, grant a\nwritten license to a schoolmaster, teacher or family of teachers, or\nminis…

§ 100. Payment of annuity. The department of social welfare shall\nannually pay to the clerk of the Saint Regis tribe out of moneys\nappropriated therefor by the legislature, any amount due to such tribe\npursuant to the terms of existing agreements between the state and such\nI…

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

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

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

§ 104. Indian trespassers. Any Indian who shall cut or destroy timber\nor trees on any of the timbered lands of such nation, or without the\nconsent of such chiefs, shall be liable to a penalty of twice the value\nof the timber so cut down or destroyed recoverable by such chiefs…

§ 105. Illegal sales of timber, trees and stone. Every sale or\ndisposition without the consent of such chiefs, by any individual Indian\nor Indians, of any tree, timber or stone on any of the tribal lands, or\nof any manufacture therefrom, shall be void. The chiefs may sell for…

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

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

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

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

§ 11. Trespasses on tribal lands. An action may be brought, in the\nname of the people of the state, against any person other than an\nIndian, trespassing upon tribal lands, by the district attorney of the\ncounty in which such lands are situated, upon security for the payment\n…

§ 11-a. Recovering possession of reservation land. In addition to any\nother remedy provided by this chapter or by any other law, the council,\nchiefs, trustees or headmen constituting the governing body of any\nnation, tribe or band of Indians may in the name and on behalf of s…

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

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

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

§ 113. Vacancies. If a vacancy shall occur for any reason in the\noffice of chief or headman, subchief or clerk of such tribe, the chiefs\nor headmen shall appoint a person to fill such vacancy, who shall hold\noffice until the next succeeding annual election, at which a person\…

§ 114. St. Regis Mohawk tribal police. 1. By notifying the\nsuperintendent of state police, the St. Regis Mohawk tribal council may\nestablish a St. Regis Mohawk Tribe police department employing police\nofficers appointed in accordance with this section.\n a. At the time of the…

§ 12. Highways on tribal lands. Commissioners of highways of towns in\nwhich an Indian reservation is wholly or partly situated shall have the\nsame power and jurisdiction over the portion of the reservation in their\nrespective towns, to improve highways already laid out therei…

§ 12-a. Indian cemetery or burial grounds. The office of parks and\nrecreation shall have the power to designate any Indian cemetery or\nburial ground as a place of historic interest pursuant to subdivision\none of section 3.09 of the parks and recreation law provided, however,\…

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

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

§ 122. Unlawful use of lands. Any person, not of such tribe, who\nshall hire, use or occupy any lands of such tribe, which have been\nallotted by the trustees thereof, or any person who shall occupy or use\nany of such lands without the consent of a majority of such trustees,\na…

§ 13. Powers of departments of charities and education in relation to\nIndians. The department of charities shall hear and determine all\nquestions which may arise in relation to moneys under the control of the\nstate, belonging to any nation, tribe or band of Indians, or any\ni…

§ 13-a. Payments for Indians. Whenever it shall appear that any\nperson whose name shall be certified for payment of an annuity or other\nfund by the state is incapable of receiving it because of incompetency\nor infancy said payment shall be made to the attorney or agent of the…

§ 14. Trust funds for Indians. The departments of education and\ncharities, respectively, for the purposes hereinafter specified, shall\nreceive from any nation, tribe or band of Indians residing in the state,\nany sums of money which such Indians may wish to put in trust with t…

§ 15. Freedom from toll and ferriage. The Indians of the Six Nations\nmay pass and repass free of toll and ferriage, at all seasonable times\nof the day, on any turnpike road, which shall have been established\nsince April sixth, eighteen hundred and three, or which shall hereaf…

§ 150. Leadership of Poospatuck Indian nation; elections; terms of\noffice. The Poospatuck Indian nation historically has had and shall\ncontinue to have a chief, three land trustees, a tribal secretary, a\nkeeper of the records, and a keeper of the wampums. They shall be\nelect…

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

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

§ 153. Survey of tribal land of the Poospatuck tribe. The Poospatuck\nIndian tribe is hereby authorized to have an accurate survey and\ndescription made of its tribal lands for the purposes of determining its\nreservation boundaries. Such survey shall, however, not affect the\nc…

§ 16. Indian settlement agreements. Notwithstanding any other\nprovision of law, the provisions of the Oneida Settlement Agreement\nreferenced in section eleven of the executive law shall be deemed to\nsupersede any inconsistent laws and regulations.\n

§ 17. Notwithstanding the provisions of any other provision of this\nchapter limiting to members of the male sex the right to vote in\nelections and meetings of any nation, tribe or band of Indians, no\nmember of the feminine sex being a member of such nation, tribe or band\nsha…

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

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

§ 2. New York state Indian nations and tribes. The term "Indian nation\nor tribe" means one of the following New York state Indian nations or\ntribes: Cayuga Nation, Oneida Nation of New York, Onondaga Nation,\nPoospatuck or Unkechauge Nation, Saint Regis Mohawk Tribe, Seneca Na…

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

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

§ 201. When to take effect. This chapter shall take effect\nimmediately.\n

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

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

§ 23. Consent of agent to certain contracts. Every contract which\nshall be made without the written consent of the agent of the Onondaga\nIndians, by any person other than an Indian, with any Indian of the\nOnondaga tribe, or with any Indian of any other nation or tribe residin…

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

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

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

§ 3. Power to contract. An Indian shall be liable on his contracts not\nprohibited by law. An Indian may take, hold and convey real property the\nsame as other citizens, but no land owned or occupied as the common\nproperty of any nation, tribe or band of Indians shall be convey…

§ 4. Marriage and divorce. The laws of the state relating to the\ncapacity to contract marriage, the solemnization of marriage, the\nannulment of the marriage contract, and divorce, are applicable to\nIndians; and subject to the jurisdiction of the peacemakers' courts of\nthe Se…

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

§ 41. Enumeration of officers. The government of the Seneca nation by\nchiefs is abolished. Each nation shall have as officers a clerk and a\ntreasurer. The Tonawanda nation shall have a marshal and three\npeacemakers. The Seneca nation shall have a marshal, three peacemakers,\n…