BILL NUMBER: S8127
SPONSOR: RYAN S
TITLE OF BILL:
An act to amend the Indian law, in relation to non-Indian trespass and
drug trafficking activities within Indian lands
PURPOSE:
The purpose of this legislation is to strengthen the authority of Indian
nations to protect their lands from unauthorized occupation, illegal
dumping, criminal enterprises, including drug trafficking, and unpermit-
ted business operations, and to formalize state-tribal cooperation in
criminal law enforcement.
SUMMARY OF PROVISIONS:
Section 1: amends Indian Law section 8 by expanding prohibited activ-
ities on tribal lands; empowering tribal authorities to initiate legal
complaints through the district attorney to remove intruders from tribal
lands; creating a more forceful legal mechanism for removal; authorizing
judges to order the removal or confiscation of illegal operations or
materials; and granting tribes the authority to determine whether some-
one is an intruder.
Section 2: adds a new section 79 to the Indian law to authorize the
governor, state police, and certain local law enforcement officials to
enter mutual criminal law enforcement agreements with the Seneca Nation.
JUSTIFICATION:
This legislation will provide tribal nations, particularly the Seneca
Nation, with more legal tools and state support to enforce land use
restrictions and combat criminal activity on their lands, and to recog-
nize tribal sovereignty in identifying and addressing intrusions, while
promoting cooperative law enforcement through binding intergovernmental
agreements. This will provide much needed clarifications and enhance-
ments to existing laws to enable tribal nations to work more closely
with County District Attorneys and local law enforcement in identifying
and removing those engaging in drug trafficking and other criminal and
vice activities from their lands.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
Statutes affected: S8127: 8 Indian law