NY-IND Indian Law NY

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

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, Tonawanda Band of Seneca and

Tuscarora Nation.

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 seven. Upon becoming a freeholder

to the value of one hundred dollars an Indian shall be subject to

taxation.

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 courts shall have

jurisdiction of actions arising thereunder. But Indians who have

heretofore contracted marriage according to the Indian custom or usage,

and shall cohabit as husband and wife, shall be deemed lawfully married.

As provided by subdivision three-a of section eleven of the domestic

relations law, marriages may be solemnized by a judge or peacemaker

judge of any Indian tribal court, a chief, a headman, or any member of

any tribal council or other governing body of any nation, tribe or band

of Indians in this state duly designated by such body for that purpose,

or any other persons duly designated by such body, in keeping with the

culture and traditions of any such nation, tribe or band of Indians in

this state, to officiate at marriages.

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.

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 president, head chief or presiding

trustee, if any, of such body, elected in accordance with this chapter

and in the case of any nation, tribe or band the election of whose

officers, chiefs or trustees is not provided for in this chapter,

surrender shall be made to the senior head chief chosen according to the

custom of such nation, tribe or band.

2. All persons having in their possession or under their control any

book, record or paper belonging to any nation, tribe or band of Indians

shall upon demand of the president, head chief or presiding trustee, if

any, of such body, elected in accordance with this chapter, surrender

the same to such officer, and in the case of any nation, tribe or band

the election of whose officers, chiefs or trustees is not provided for

in this chapter, upon demand of the senior head chief chosen according

to the custom of such nation, tribe or band, surrender shall be made to

such officer.

3. A violation of this section shall constitute a misdemeanor and upon

conviction of such violation the offender shall be punishable by

imprisonment in the county jail for a period not exceeding one year or

by a fine not exceeding five hundred dollars, or both, in the discretion

of the court.

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.

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, among the individuals and

families of such nation, tribe or band, so that the same may be held in

severalty and in fee simple, according to the laws of this state. No

lands occupied and improved by any Indian according to the laws, usages

or customs of the nation, tribe or band shall be set off to any person

other than the occupant or his family. The officers, agents or

commissioners to execute the deeds to effect such partition shall be

appointed by the nation, tribe or band, whose lands are to be

distributed, subject to the approval of the commissioner of general

services. They shall go before the county judge of the county in which

such lands are situated, and prove to his satisfaction that they are

authorized to effect such transfers, and shall acknowledge before him

the deeds necessary therefor. The county judge shall examine such deeds,

and his indorsement thereon that he has examined the same, and that they

are executed in pursuance of authority duly conferred, shall authorize

the county clerk to record such deeds.

Lands partitioned or distributed in pursuance of this section shall

not be subject to any lien or incumbrance, by way of mortgage, judgment

or otherwise, or be alienable by the grantee or his heirs, for twenty

years after the recording of the deed effecting the partition; but may

be partitioned among the heirs of a grantee who dies.

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.

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 the citizens or

members of such nation, tribe or band or their authorized guests or

lessees.

b. For purposes of this subdivision, a person shall not be deemed to

have entered the lands owned or occupied by any nation, tribe, or band

of Indians if such person is temporarily and continuously passing

through such lands on highways, roads, trails, or other thoroughfares.

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

designated 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 such judge, of a violation of this section shall,

if such judge thinks there is reasonable ground therefor, issue a notice

directed to the person against whom complaint is made, requiring 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 such judge shall determine that such

person is an intruder, such judge shall issue a warrant to the sheriff

of the county commanding 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, such judge shall issue 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 such person to the county jail for the space of 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.

5. If a person, conducting a business, engaging in drug trafficking,

operating a junkyard, or having established or contributed to an

automobile 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 affected nation, tribe or band.

6. Except as set forth in paragraph b of subdivision one of this

section, 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.

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 thereof, and may limit the time and

regulate the terms upon which any Indians, not members of such nation,

tribe or band, may settle or reside upon such tribal lands. The permit

shall describe the boundaries of the land permitted to be occupied, the

length of time and the terms upon which such Indian may reside upon such

land, and shall be signed by the presiding officer and the secretary or

clerk of the council. The council of the Seneca nation may admit an

Indian of any other nation, tribe or band, to become an inhabitant of

their reservations and to enjoy the same privileges with them. All

leases, contracts and agreements, not authorized by this chapter,

whereby any Indians not members of such nation, tribe or band, shall be

permitted to reside on the tribal lands of such nation, tribe or band

shall be void; and the Indians illegally occupying such lands shall be

liable to removal as intruders.

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, to reside upon such

lands, and for that purpose to occupy not to exceed fifty acres thereof,

or may grant a written license to a person to reside upon such lands for

the purpose of instructing the Indians in agriculture or the mechanic

arts, or assisting them in erecting or in keeping in repair a mill or

other machinery, or in the manufacture of salt. Such judge may revoke

such license, and shall revoke it whenever it shall appear that the

licensee has sold or given away to any Indian spirituous liquor or

intoxicating drink. Upon the revocation of any such license, the

licensee may be removed as an intruder.

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 his satisfaction, or in the

name of the nation, tribe or band, by any three of the chiefs, head men

or councilors thereof, upon security being given to the satisfaction of

the county judge of the county in which such lands are situated, for the

payment of the costs of such action. The security for the payment of

costs, as provided by this section, shall be filed, if the action is

before a justice of the peace, with him, and otherwise, in the office of

the county clerk. The damages recovered, after paying expenses, shall be

distributed among the Indians occupying such lands.

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 action or proceeding to recover the

possession of lands of such nation, tribe or band unlawfully occupied by

others and for damages resulting from such occupation.

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 by the highway law, except that the

written decision of the commissioners shall be served upon the agent,

attorney or some other officer of the nation, tribe or band occupying

such reservation; from which decision, such Indians may, within sixty

days after the service thereof, appeal to the county judge of the county

in which such lands are situated, whose decision shall be final. Such

commissioners of highways may, with the consent of the tribal or

national authorities of the nation, tribe or band occupying such

reservation, lay out and establish as provided by law, highways on or

across such reservation, and the highway commissioners of the town shall

thereafter be charged with the maintenance of such road and the bridges

thereon. This section shall not authorize the taxation of an Indian who

is not a citizen.

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 located upon any Indian

reservation located wholly or partly within the state. No person shall

destroy, alter, convert, or in any way impair any such cemetery or

burial ground which has been so designated as a place of historic

interest or any artifact or other object thereon which is or may be of

relevance to the historic interest thereof without the prior express

written permission of the office of parks and recreation.

The attorney general, at the request of the office of parks and

recreation, is hereby authorized to institute an action in supreme court

in the judicial district wherein such cemetery or burial ground is

located to enjoin violations or threatened violations of this section.

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 moneys under the control of

the state for the promotion of education among the Indians, and all

questions which may arise between the various parties of such tribe or

nation in relation to any of their lands, or the avails thereof; and

shall make such treaties, contracts and arrangements with any such

nation, tribe or band, or individuals, who have any claim upon any land

in this state, or any money belonging to them under the control of the

state, or for the purchase of any portion of such lands, as they may

deem just and proper, or in relation to the expense of laying out and

keeping in repair any public road passing through any lands occupied by

Indians. The department of education shall hear and determine all

questions which arise in relation to moneys under the control of the

state, belonging to any nation, tribe or band of Indians, for the

promotion of education among the Indians. This section shall not apply

to Seneca or Tonawanda nations.

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 is a member, as trustee, who

shall disburse it for the benefit of said incompetent or infant in such

manner as will best promote his or her general welfare, except when such

payment is certified to be made to a member of the Cayuga tribe

incapable of receiving it in which event said payment shall be made to

the state department of social welfare for the purposes hereinbefore

described.

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 the interest or income thereof

shall be paid over and applied, under the direction and in the

discretion of the department of education, for the promotion of

education among the Indians, and under the direction and in the

discretion of the department of charities, for the encouragement of

religion among the Indians, or for any other purpose of public interest,

use and benefit, which is a proper subject of taxation. Such money shall

be in the custody and under the immediate charge of the head of the

division of finance in the department of taxation and finance and, under

the direction of the department by which it was received as provided in

this section, invested by the comptroller in safe securities or in bonds

of the state bearing interest at the rate of five per centum, to be

created and issued therefor, and called "The Indian loans."

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 the town of Canandaigua to

Buffalo creek or its vicinity, and over any toll bridge between those

places, and at the ferry across the Niagara river at or near Black Rock,

or at such place or places in its vicinity where any ferry shall have

been established since such time, or shall hereafter be established.

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.

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 elections and meetings of

such nation, band or tribe after the qualified voters of such Indian

group shall have recognized the right of women to vote in elections or

meetings of such group.

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 the Council of the Seneca Nation of Indians. Such corporations shall

be formed pursuant to the applicable provisions of the Membership

Corporation Law, provided, however, that the consent of such Seneca

Council shall constitute the consent required by section 11.4 thereof.

Any such fire corporation shall have powers equivalent to those provided

by law with respect to like fire corporations or departments operating

outside such Seneca reservations, including without limitation, the

right to enter into contracts for the provision of fire protection

services outside the Seneca reservation, and its members and employees

shall be entitled to all of the benefits afforded under New York Law for

persons engaged in providing fire protection services.

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

incorporated fire company for a stated consideration, agrees to provide

fire protection upon all or any part of the lands of the Seneca Nation

of Indians.

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

reservations, are combined effective July one, nineteen hundred

sixty-one, and commencing on that date there shall be a single office of

agent of the Onondaga Indians. Such agent shall be appointed by the

state commissioner of social welfare and shall exercise and perform his

power and duties under the supervision, direction and control of the

department of social welfare. The term of office of such agent shall be

five years. The compensation of such agent shall be paid by the state

and shall be an annual salary of twelve hundred dollars. Such agent

shall not be further reimbursed for his expenses. Such agent shall

reside in Onondaga county, near the Onondaga reservation.

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

department of social welfare shall, upon receipt of such enumeration and

undertaking, certify to the comptroller such enumeration and its

approval of such undertaking and send to such agent the annuity moneys

payable by the state to the Indians of whom he is agent for which

purpose such moneys shall be paid to the department of social welfare

from the treasury on the audit and warrant of the comptroller upon

requisitions approved by the department of social welfare. Such agent

shall thereupon distribute such moneys to the Indians of whom he is

agent who are entitled thereto, paying the same to heads of families and

individuals so far as practicable, and shall forthwith report such

distribution to the department of social welfare, which shall certify

such report to the comptroller. Such agent shall protect the rights and

interests of the tribe of which he is agent, and perform such other

duties in relation to them as may be required by the department of

social welfare.

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

reservation, nor shall sell, remove, cause to be removed or aid in the

removal from such reservation of any trees, timber, wood, bark or poles,

except upon the written permission of a majority of the chiefs of the

Onondaga tribe, particularly specifying the quantity and kind of trees,

timber, wood, bark or poles to be cut or removed.

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

or living with such Indians, for or concerning any stone, or any wood,

timber or bark on the tribal lands of such nation, or that has been

taken or removed from such lands, shall be void; and any person who,

without such consent, shall receive from any such Indian or other

person, any such stone, wood, timber or bark, on such reservation, or

removed therefrom, knowing the same to have been taken or removed

therefrom, shall be liable to a penalty of five times the value of such

property, recoverable by the agent of such tribe, in the name of the

people of the state, and payable upon recovery, after he has deducted

his fees and the reasonable costs and expenses of collection, to the

chiefs of such tribe for the benefit of the tribe.

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

lands to be used as a stone quarry or for commercial purposes. A

majority of the chiefs of such tribe may, by a written contract drawn

under the direction of the agent of such tribe and approved by his

indorsement thereon, lease lands to be used as stone quarries, lands to

be used for commercial purposes and national lands of the tribe to white

persons, the expense of such contracts to be paid by the persons to whom

the lands shall be leased. Any such contract without the consent of the

agent shall be void.

All moneys due upon leases of lands to be used as stone quarries or of

lands to be used for commercial purposes, shall be paid to the agent to

be distributed by him as follows: One-third to the Onondaga Nation of

Indians and two-thirds to the individual owner of such lands, and each

such lease, hereafter made, shall contain such requirement for the

payment and disbursement of lease moneys.

As used in this section "commercial purposes" shall mean and include

any purpose, except agricultural purposes, for which the land may be

used to derive a profit.

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

free of any charge or toll.

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

provided in section twenty-four of this article, shall be guilty of a

misdemeanor, and shall be liable for treble damages for any injury done

by such cattle, horses, or other animals while on said reservation. Any

person who shall keep, pasture, have in his possession, or under his

control, any cattle, horses or other animals, on lands contained within

the Onondaga Indian reservation and leased under the provisions of

section twenty-four of this article, shall be liable to the person

damaged for any injury done by such cattle, horses, or other animals,

through trespass or otherwise; and the fact that the person damaged, or

any other person, has failed to erect any fences, or has failed to keep

any fences in repair, shall be no defense in an action brought under

this section, for injury done by such cattle, horses or other animals.

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

office, the Seneca Indians residing on the Corn-planter reservation in

the New York Indian agency shall be treated as residents of the Allegany

reservation. The councilors of the Seneca nation, and the chiefs of the

Tonawanda nation, in council assembled, are designated, in this chapter,

the council of each of such nations, respectively.

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 eight councilors for each of its reservations, and a president. Each

officer of each nation now in office shall continue in office until the

expiration of the term for which he was chosen and until his successor

shall be chosen.

Time and place of annual election. There shall be a biennial

election in the Seneca nation on the first Tuesday of November in each

even numbered year. The voters residing on the Allegany reservation

shall on each election day assemble at the council-house near

Coldspring, and the voters residing on the Cattaraugus reservation shall

assemble at the court house near Versailles, and by ballot choose

successors to the officers of such nation whose terms expire with such

election and fill vacancies in any offices, which have not been filled

by a special election. The peacemakers of each reservation shall preside

and constitute the board of inspectors of such election for their

respective reservations. If any of such peacemakers are absent or refuse

to serve, the electors present shall choose a person qualified to vote

at such election to fill such vacancy. Before entering upon the

discharge of their duties, such inspectors shall each take an oath,

administered by one of the peacemakers, to support the constitution of

the Seneca nation and to faithfully discharge the duties of their office

according to the best of their ability. Each of such board of inspectors

shall appoint a competent person as clerk, who shall keep a poll-list,

containing the name of each person voting at such election and minutes

of the proceedings and of the result of the election. The president of

the nation shall provide for each of the Cattaraugus and Allegany

reservations, a ballot-box with a lock and an opening in the top

sufficient to admit of the insertion of a folded ballot. Such box shall

be locked upon the opening of the polls and remain locked until the

close of such election. Each ballot received by the inspectors of

election shall be deposited in such box through the opening of the top

thereof. Such inspectors shall see that such election is conducted with

order and regularity. The polls of such election shall be opened at nine

o'clock in the forenoon and shall be kept open until five o'clock in the

afternoon, when each of such boards of inspectors shall immediately

proceed publicly and before adjourning to count the votes cast, publicly

announce the result thereof, and make and sign duplicate certificates

containing a statement of the whole number of votes cast, and the number

cast for each candidate. Each of such boards, within two days of such

election, shall cause one of such duplicate certificates to be delivered

to the clerk of the nation, who shall immediately record the same in the

records of the nation. Such boards of inspectors and the president and

clerk of the nation shall constitute the board of national canvassers;

and, on the Tuesday following such election, shall meet at the court

house on the Cattaraugus reservation at ten o'clock in the forenoon,

examine such certificates, ascertain the results of such election, and

declare such persons elected as have received the highest number of

votes; and such board of national canvassers, or a majority of them,

shall before adjournment, execute a certificate containing a statement

of the whole number of votes cast for each candidate and the name of

each candidate declared to be elected to any office; such certificate

shall be attested by the clerk of the nation who shall immediately

record the same in the records of the nation, and such certificate shall

be evidence of the result of such election. The term of office of each

officer elected at such election shall, unless elected to fill a

vacancy, be two years, and shall commence on the completion of the

canvass of the votes by the board of national canvassers. There shall be

an annual election in the Tonawanda nation on the first Tuesday in June.

At such election, successors shall be elected to the officers of such

nation whose terms shall expire with such election, or during the

calendar month next thereafter. The oldest peacemaker present at such

election and the clerk of such nation shall be the president and clerk

of the meeting, and shall keep minutes of the proceedings and results of

such election. If either of such officers are absent from the meeting,

the qualified voters present thereat shall choose a qualified voter to

act in his stead. The officers elected at such meeting shall be chosen,

upon the nomination of an elector, by ballot, or by the ayes and noes,

as the meeting shall determine; and a plurality of votes shall be

necessary to elect. The presiding officer and clerk of such meeting

shall count the votes cast thereat and announce the result thereof. The

result of such election shall be entered and certified by the president

and clerk thereof in a book provided by such nation, called the register

of election, which book shall be evidence of the result of elections

entered therein. The terms of office of the officers elected shall be

one year, and shall commence on the first Tuesday of July next after the

election.

Qualifications of voters and eligibility to office. Every male

Seneca Indian of full age residing on the Allegany, Cattaraugus or

Tonawanda reservations, whose name shall appear on the last preceding

census taken for the purpose of distributing the annuities due to the

said Indians, shall be a qualified voter at all elections or meetings of

the electors of his nation; and shall be eligible to any office filled

thereat, except that the marshals, peacemakers and councilors of the

Seneca nation shall be residents of the reservation for which they were

chosen, and the peacemakers of the Tonawanda nation shall be chosen from

among the chiefs thereof. If any person offering to vote at any such

election shall be challenged as unqualified, the presiding officer shall

determine by an inspection of such last preceding census, upon his right

to vote; and if he is challenged on the ground of not being twenty-one

years of age, such officer shall ascertain the fact by the oath of the

person offering his vote, or of any other Indian, which oath he is

authorized to administer.

The treasurer. Within thirty days after his election and before

performing any of the duties or exercising any of the powers of his

office, the treasurer of each nation shall give a bond to such nation,

with such sureties and in such amount as the state comptroller shall

approve, conditioned for the faithful performance of the duties of his

office. For any breach of the conditions of such bond, an action may be

maintained for the benefit of such nation, by their attorney, in the

manner provided by law for the breach of an official bond given by a

county treasurer. If such bond is not given within the time provided,

the office shall be deemed vacant. The treasurer of the Seneca nation

shall receive all moneys belonging to the nation, including the

annuities paid by the government of the United States or the state of

New York. The treasurer of the Tonawanda nation shall receive all moneys

belonging to such band, which shall be deposited with him pursuant to

any resolution of the council of such nation. The treasurer of each

nation shall pay out moneys only upon a warrant, certified by the

presiding officer and clerk of the council, to the effect that the

amount to be paid by such warrant was appropriated by a resolution

passed by a majority vote of the council, which warrant the treasurer

shall retain as a voucher. The treasurer shall receive such compensation

as the council shall determine. At least five days before the annual

election, he shall report to the peacemakers an account of all moneys

received and expended by him, with the vouchers for such expenditures,

which account shall be settled by the peacemakers and read by the

presiding officer at the next annual election.

The clerk. The clerk of each nation shall act as clerk at every

annual or special meeting thereof, and in the meetings of the council of

the nation. He shall have the custody of all the books, papers and

records belonging to such nation. The council of each nation shall

furnish the clerk thereof with a book, at the expense of the nation, in

which he shall enter all proceedings and the results of all elections at

every annual or special meeting of such nation; and all orders, rules,

regulations and certificates made or granted by the council of the

nation, and if of the Tonawanda nation, the names of the chiefs thereof.

Every certificate, order or other matter certified by the clerk to be a

true extract from his minutes shall be evidence thereof. The clerk shall

receive an annual salary of not exceeding fifty dollars, to be

determined by the council. The clerk of the Tonawanda nation shall also

act as clerk at all hearings before the peacemakers' courts, or any

other tribunal established by law on their reservation, and shall enter

in the record book of the peacemakers' courts all entries required to be

made therein.

Peacemakers' courts. The peacemakers for each of the three

reservations, the Allegany, the Cattaraugus and the Tonawanda

reservations, shall respectively constitute the peacemakers' courts

thereof, and the eldest peacemaker of each of such courts shall be the

presiding officer thereof. Any two of the peacemakers of any reservation

shall be competent to perform any of the duties or exercise any of the

powers assigned to the peacemakers of such reservation. The peacemakers'

court of each such reservation shall have authority to hear and

determine all matters, disputes and controversies between any Indians

residing upon such reservation, whether arising upon contracts or for

wrongs, and particularly for any encroachments or trespass on any land

cultivated or occupied by any one of them, and which shall have been

entered and described in the clerk's books of records; but they shall

not take cognizance of any claim founded upon any debt or demand

originally contracted with a non-Indian. And said peacemakers shall have

power to make all needful rules and by-laws for notifying and bringing

the parties to such matters, disputes and controversies as may arise

under the provisions of this section before them, and for the regulation

of all proceedings thereon, and for the hearing and determination

thereof, and for the enforcing obedience to such rules and by-laws. They

shall publicly hear the proofs and allegations of the parties to such

matter, dispute or controversy, and shall publicly declare and make

known their determination therein within four days after such matter,

dispute or controversy shall be finally submitted to them by the

parties. They shall have power to enforce obedience to such rules and

by-laws, and shall have power to issue and enforce the observance of

orders or notices for the appearance and attendance of witnesses before

them to testify and give evidence in any such matter, dispute or

controversy so pending before them, and may compel the appearance before

them of such witness by attachment or by fine, for not appearing, in the

same manner as is now provided by law for compelling the attendance of

witnesses in courts of justices of the peace in this state. They may

administer oaths to witnesses produced by the parties on any such

hearing, and cause them to be examined on oath, and may examine any

party to any such matter, dispute or controversy so pending before them,

on oath as a witness, when such examination shall be required by an

adverse party. A peacemakers' court of the Allegany or Cattaraugus

reservation shall also have jurisdiction to grant divorces between

Indians residing on such reservation and to hear and determine all

questions and actions between individual Indians residing thereon

involving the title to real estate on such reservation. If either of the

parties to a controversy of which a peacemakers' court has jurisdiction

resides on the Allegany reservation and either of the other parties

resides on the Cattaraugus reservation, the peacemakers' court of either

reservation has jurisdiction thereof.

Record of peacemakers. The peacemakers of each reservation

shall be furnished by the council of the nation, with a record book, in

which they shall cause an entry to be made by the clerk, of all matters

heard and determined by them. Each such entry shall state the names of

the parties to the action or proceeding, a brief statement of the

subject thereof, the finding and determination of the peacemakers in

reference thereto, the amount of the award, the amount of costs and to

whom allowed, the time within which the decision is to be complied with,

and the date of such decision.

Costs and fees. The fees of surrogates, peacemakers and

marshals shall be fixed and determined by the council. In every

controversy before the peacemakers they shall award the costs to be paid

by the party against whom their determination shall be made; the costs

allowed shall be ascertained and specified by them in their

determination.

Incompetency of peacemakers. A peacemaker shall not act in any

case where he shall be related to either of the parties within the

fourth degree by the common law, or has any interest in the action or

proceeding. If two members of a peacemakers' court shall be incompetent

to act, the remaining peacemaker shall associate with himself any two

members of the council residing on the reservation not disqualified by

such relationship or interest, for the hearing and determination of the

action or proceeding, and such peacemaker and members of the council or

any two of them shall have all the power and authority conferred upon

peacemakers in relation to such action or proceeding.

Appeals to council of Seneca nation. Within twenty days after

the decision of a peacemakers' court of the Seneca nation, an appeal may

be taken to the council of such nation, by serving upon the adverse

party and upon the peacemakers before whom the action or proceeding was

heard a notice of such appeal. The peacemakers shall certify the

evidence taken before them to the council. The appeal shall be heard by

at least a quorum of the council, and shall be decided upon the evidence

taken in the peacemakers' court, and such additional evidence as the

council may determine to hear. Upon the hearing any party shall have the

right to appear either in person or by counsel and argue the merits of

the case. The decision of the council shall be conclusive.

Appeals from peacemakers' court of Tonawanda nation. An appeal

may be taken from the decision of a peacemakers' court of the Tonawanda

nation, or of a tribunal of such nation consisting of a peacemaker and

one or more associate chiefs, to a court consisting of six chiefs of

such nation, selected as follows: The party appealing shall give

security, approved by the tribunal before which the action or proceeding

was tried, for the payment of the amount awarded by such appellate

court. Upon such security being given, such trial court shall direct the

marshal to summon twelve chiefs, designated by such trial tribunal, to

appear at a time and place specified, not more than ten days thereafter.

At such time the names of such chiefs shall be drawn by lot, and the

first six whose names are drawn, and who are not disqualified because of

interest or relationship, shall constitute a court for the hearing and

determination of such appeal. Such court shall hear the appeal, and

examine the witnesses and parties under oath in the same manner as the

peacemakers in a determination before them. Upon such hearing, the

chiefs constituting the court shall be entitled to receive twenty-five

cents each for their services, to be paid in the first instance by the

party appealing. In their final decision, they shall determine which

party shall pay the costs and expenses of the suit and of the appeal.

Enforcement of judgments. If any party shall fail to comply

with, or fulfil the directions or finding of the peacemakers in any

matter heard or determined by them in pursuance of law, within the time

fixed by such determination, the party in whose favor such determination

may be, shall be entitled to recover the amount awarded to him, by such

determination with costs, in an action in justice's court before any

justice of the peace of the county in which such reservation or a part

thereof is situated, in which action, a copy of the record of such

determination, certified to by said clerk, shall be conclusive evidence

of the right of recovery, and of the amount of such recovery, and

executions shall be awarded to enforce the collection of the judgment

obtained thereon in the same manner and with the like effect as against

white persons, and the property and person of the defendant in such

action shall be liable to seizure and sale or imprisonment, as in like

cases against white persons. In case the action or proceeding is one

not within the jurisdiction of justice's courts, the application may be

made to a court having jurisdiction of actions of the same nature.

The marshal. The marshal shall execute all orders, summons and

process issued or given to him by the peacemakers or any tribunal

created according to the provisions of this chapter, and shall be

entitled to receive for his services the same fees as are allowed by law

to constables in courts held by justices of the peace.

Prosecution of actions and disposition of recovery. The Seneca

nation may prosecute by the name of "The Seneca Nation of Indians,"

actions and proceedings to protect their rights and interests to the

Allegany, Cattaraugus and "oil spring reservations," and may maintain an

action to recover the possession of any part of such reservations

unlawfully withheld from them, and an action for injury to the soil of

such reservations, or for cutting down or removing or converting timber

or wood growing or being thereon, or an action of replevin for timber or

wood removed therefrom, and for the recovery of damage for injury to the

common property or rights of such Indians, or for the recovery of money,

property or effects, due or to become due, or belonging, or in any way

appertaining to such Indians in common, or to the Seneca nation; and in

every such suit, action or proceeding in relation to lands or real

estate, situated within the said reservations, the Seneca nation may

allege a seisin in fee; and every recovery in such action shall be as

and for, and in reference to a fee; but neither such recovery nor

anything herein contained shall enlarge or in any way affect the rights,

title or interest of the Seneca nation, or of such Indians in and to

such reservations, as between them and the grantees or assignees of the

pre-emption right of such reservations under the grants of the state of

Massachusetts. And no such action shall be defeated or barred on the

ground that any land in relation to which such action is brought, or

from which any timber or wood, logs or other property may have been

removed or taken, and which may be the subject of any such suit, was in

the possession of any individual Indian, but the occupancy of any part

of the said reservations by any individual Indian, shall be deemed to

have been and to be the possession of the Seneca nation; nor shall any

license, consent, lease, agreement or any interest whatever, made or

given by any individual Indian or Indians, be received in evidence in

any such action in bar, defense or mitigation of damages, and when it

shall be necessary to bring any such action before a justice of the

peace, the same may be brought and maintained before any such justice,

residing in the county where the defendant may be found, whether the

cause of action arose in such county or not. Actions or proceedings may

be prosecuted by the Tonawanda nation by the name of "The Tonawanda

Nation of Indians." If a bond or undertaking shall be necessary for the

prosecution or defense of an action or proceeding, the attorney of

either of such nations may execute a bond or undertaking in the name and

in behalf of the nation, which nation shall be liable thereon. If any

costs shall be recovered against either of such nations in any action

prosecuted or defended by the attorney thereof, no execution shall be

issued therefor, but such costs shall be paid by the treasurer of the

state, out of any annuity or interest money payable by the state to such

nation, upon producing to the comptroller a certificate of the attorney

of such recovery, and a certified copy of the judgment awarding such

costs. All sums recovered in any action brought by the attorney thereof

for the benefit of either of such nations, after deducting such costs

and expense as shall be certified to by the judge before whom the case

was tried, shall be paid to the treasurer of the nation.

Allotment of lands. All lands on either the Allegany,

Cattaraugus or Tonawanda reservations, except such as have been allotted

by the national council, or lands on the Allegany and Cattaraugus

reservations, appropriated, cultivated and improved by an Indian or

Indian family or the heirs thereof, in accordance with the laws and

usages of the Seneca nation, or lands on the Tonawanda reservation, to

which the possessors have become entitled in pursuance of law without an

allotment, shall be held in common by the Seneca and Tonawanda nations,

respectively, and be subject to the control of the council thereof. The

common land shall not be appropriated by any Indian to his own use

without the consent of the council, who shall, on application, allot to

any Indian or Indian family, so much of the common lands as they shall

deem reasonable and an equitable proportion in reference to the whole

number not possessing land. A description of the land desired shall be

submitted to the council. Upon the approval of the council, certified

by the presiding officer and clerk thereof, such description may be

recorded in the clerk's book of records. A description of lands on the

Tonawanda reservation, appropriated, cultivated and improved by any

Indian or Indian family or the heirs thereof, after November fifteenth,

eighteen hundred and forty-seven, may be recorded at any time in the

clerk's book of records. The possessors of lands on the Allegany,

Cattaraugus and Tonawanda reservations, descriptions of which are

recorded, shall, from the time of recording only, be entitled to

maintain suits for encroachment or trespass thereon.

Trees and timber on reservations. Except as provided by this

section, no person shall cut, remove, cause to be removed or assist in

removing from the Allegany, Cattaraugus or Tonawanda reservations any

wood, trees or timber thereon, nor shall any Indian sell or dispose of

any timber or trees on such reservations, or any manufacture therefrom;

and every such sale or disposition shall be void. Except as provided in

this section, any person who shall cut, remove or cause to be removed

from any such reservations, or any Indian who shall sell or dispose of

any trees or timber thereon, or any manufacture therefrom, shall be

liable to a penalty of twice the value of such property, recoverable for

the benefit of the nation occupying the reservation. An Indian residing

on the Allegany or Cattaraugus reservation, may sell or dispose of, for

his own benefit, any trees or timber, or the manufacture thereof, on any

wild lands allotted to or entered by him; and, upon obtaining a permit

from the council, signed by the presiding officer and clerk thereof, may

manufacture shingles or staves from any trees or timber on any wild

lands of the nation not allotted to or entered by any other Indian, and

may dispose of the same for his own benefit. Any member of the Allegany

or Cattaraugus reservation may sell logs from land to which he holds

title. The council of the Seneca nation may sell or dispose of any trees

or timber on the wild lands of the Allegany or Cattaraugus reservation,

and the proceeds of such sale or disposition shall be for the benefit of

such nation.

(a) Any member of the Tonawanda nation may cut timber on any land on

the Tonawanda reservation to which he holds title by allotment solely

for the purposes of manufacture of shingles, lumber and boards for the

construction, erection and repair of buildings which such member owns

situate upon said reservation and for firewood for himself and his

family, and, upon obtaining a written permit, from the council of chiefs

of said nation, granted only by resolution thereof, signed by the

presiding officer and clerk thereof, may cut timber only on such part of

the common unallotted land of the Tonawanda reservation and in such

quantity as shall be specifically designated by such council of chiefs

by such resolution and described in said permit, solely for the purposes

of manufacture of shingles, lumber and boards for the construction,

erection and repair of buildings which such member owns situate upon

such reservation, and for firewood for himself and his family. No person

not a member of the Tonawanda nation shall be employed by any Indian in

cutting any timber on the Tonawanda reservation.

Offering or giving bribes prohibited. Every person who shall

promise, offer or give, or cause, or aid, or abet in causing to be

promised, offered or given, or furnish, or agree to furnish, in whole or

in part, to the president or to any councilor, peacemaker, or other

officer of the Seneca nation of Indians, any money, goods, right in

action, or other property or any thing of value, or any pecuniary or

other individual advantage, present or prospective, with intent to

influence his vote, opinions, judgment or action, upon any question,

matter, cause or proceeding which may be pending, or may be brought

before him in his official capacity, shall, upon such conviction, be

imprisoned in the state prison not exceeding five years, or shall be

fined not exceeding one thousand dollars, or both, in the discretion of

the court.

Acceptance of bribes prohibited. Every officer enumerated in

the last section, who shall accept any such gift, thing of value or any

promise to make the same, under any agreement that his vote, opinion,

judgment or action, shall be influenced thereby, or shall be given in

any particular manner, or upon any particular side of any question,

matter, cause or proceeding then pending, or which may be brought before

him in his official capacity, shall, upon conviction, be forever

disqualified from holding any office, trust or appointment under the

constitution or laws of the Seneca nation of Indians, and shall forfeit

his office and shall be punished by imprisonment in the county jail not

exceeding one year, or by fine not exceeding two hundred dollars, or

both, in the discretion of the court.

Conveying bribes prohibited. Every person who shall knowingly

bear or convey any such gift, gratuity or proposal, or shall in any

manner negotiate between any other persons for any act in violation of

the provisions of the two preceding sections shall, upon conviction, be

punished in like manner and to the same extent as the principal

offender, respectively, would be liable to be punished under the

provisions of this article.

Offenders competent witnesses; witnesses' immunity. 1. Every

person offending against any of the provisions of the three preceding

sections shall be a competent witness against any other person so

offending, and may be compelled to appear and give evidence before any

magistrate or grand jury or in any court in the same manner as other

persons.

2. In any criminal proceeding before any court or grand jury for a

violation of any of the provisions of the three preceding sections, the

court or grand jury may confer immunity in accordance with the

provisions of section 50.20 or 190.40 of the criminal procedure law.

Confirmation of nationality. The Seneca Indians residing on the

Allegany and Cattaraugus reservations shall, subject to the limitations

provided by law, hold and possess such reservations as a distinct

community.

Exclusion of villages from reservations; lease of lands therein;

certification of copies of leases granted by the Seneca nation of

Indians and recording thereof. Those parts of the Allegany reservation

included in the villages of Vandalia, Carrollton, Great Valley,

Salamanca, West Salamanca and Red House, as surveyed, located and

established pursuant to an act of congress approved February nineteenth,

eighteen hundred and seventy-five, have been constituted parts of the

several towns within which they are located, and all the general laws of

the state are extended over and apply to the same; except that this

section shall not authorize the taxation of any Indian or the property

of any Indian, not a citizen of the United States. Lands in such

villages held under lease from the Seneca nation of Indians shall be for

all purposes considered a freehold estate, and the right of dower and

tenancy by the courtesy shall attach thereto, and such lands, upon the

intestacy of the holder, shall descend the same as a freehold of

inheritance, except that solely for the purpose of taxation by the

Salamanca Indian lease authority, the estate of a lessee shall be

considered a chattel real. But the rights of the Indians in such leases

shall descend as provided by the laws of the Seneca nation of Indians.

When the original lease of any such lands already granted by the Seneca

nation of Indians, pursuant to an act of Congress, and recorded in the

books of Seneca national Indian leases kept by the clerk of said nation,

or his successors or assigns in office, shall have been lost or

destroyed without the same having been recorded in the office of the

clerk of the county of Cattaraugus, the owner of such lease, or any

person interested in the lands therein described, may apply to the clerk

of said nation for a certified copy of such record of the same, and upon

the payment of the fees therefor, it shall be the duty of said clerk to

furnish such owner with a certified copy of said lease. Upon the

presentation of a copy of any such lease, certified as aforesaid, to the

clerk of Cattaraugus county, it shall be the duty of said clerk to

record the same in the books provided in his office for the record of

such Indian leases, upon the payment of the fees for recording the same.

Such copy of a lease certified as aforesaid shall be presumptive

evidence of the facts set forth therein and shall be received in

evidence on the trial of any action or proceeding in all the courts of

this state. The record of such a copy of a lease certified as aforesaid

in the office of the clerk of the county of Cattaraugus shall have the

same force and effect as the record of the original lease, had it been

recorded. The said clerk shall receive for certifying the same the sum

of one dollar and for making a copy of said lease the sum of twenty-five

cents per folio, which fees shall belong to the said clerk.

The president. The president of the Seneca nation shall preside

over the deliberations of the council and shall have only a casting vote

therein. He shall from time to time give to the council information of

the state of the nation, and recommend such measures as he shall judge

necessary and expedient; and shall take care that the laws applicable to

the nation be faithfully executed. He shall have power to convene the

council in extra session as often as, in his judgment, the interests of

the nation require, and to fill all vacancies that may occur therein

until such vacancy be filled by election. In the absence of the

president, the council shall choose from among their own number a

presiding officer, pro tempore.

General powers and duties of the council. The council of the

Seneca nation shall meet annually on the first Tuesday of December, and

in extra session whenever called by the president. Ten of the councilors

shall be necessary to constitute a quorum for the transaction of

business. The council shall have power,

1. To appropriate the moneys of the nation for the purpose of

discharging the debts thereof, but all appropriations of public moneys

shall be by an affirmative vote of at least ten of the councilors

elected.

2. To fix the salaries of all officers of the nation whose salaries

are not defined by law.

3. To determine on the laying out and working of roads and highways,

and to make by-laws for the regulation of such work.

4. To 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, for the prevention of trespass of cattle and other

animals; and may provide a penalty of not exceeding five dollars, for

the violation of any by-law or ordinances, recoverable by any officer of

the nation for the benefit of the nation, before the peacemakers' court

of the reservation in which the offender resides or in which the offense

is committed.

5. Notwithstanding any other provision of law to establish, manage and

control a fire corporation for the fire protection of the common land of

the nation and to enter into contracts necessary for providing such fire

protection and to provide insurance for volunteer firefighters.

Vacancies in elective offices. If a vacancy occur in the office

of the president of the Seneca nation, such office shall be filled by

the council by a majority vote thereof, and a meeting of the council for

that purpose shall be called by the clerk of the nation upon a written

petition presented to him, signed by at least ten electors of such

nation. If a vacancy occur in any other office of such nation, such

office shall be filled by appointment by the president of the nation,

under his hand and the seal of the nation.

Police officers at annual fair. The board of commissioners of

the Niagara frontier police district may, upon the written request of at

least five of the councilors of the Seneca nation, detail two or more

police officers of such district to attend and preserve peace and good

order at the annual fair of the Iroquois agricultural society on the

Cattaraugus reservation; the reasonable expenses of such police officers

to be defrayed by such nation.

Leases and rights of way. 1. The Seneca nation of Indians,

acting by and through the Seneca council, is authorized to lease, or

grant rights of way over, tribal lands, including the tribal interest in

lands possessed by individual Indians, within the Allegany, Cattaraugus

and Oil Springs reservations for any purpose for such term and on such

conditions as the Seneca council may determine.

2. Individual members of the Seneca nation of Indians are authorized

to join in any such leases or rights of way executed or granted by the

Seneca council with respect to whatever interest they may possess in the

lands involved.

Law enforcement agreements. 1. Notwithstanding any other

provision of law, at the request of the Seneca nation, 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

Salamanca, may enter into an agreement with the Seneca nation detailing

the activities that such law enforcement entity will undertake within

the nation's federally-recognized Indian Country lands. These agreements

shall not be construed to limit the powers, duties, and responsibilities

to undertake activities on Indian lands, including lands of the Seneca

nation, that have otherwise been conferred upon such law enforcement

entities pursuant to law, rule, or regulation.

2. The agreements authorized in subdivision one of this section may

include provisions related to the appointment of tribal members or

nation employees as police officers pursuant to paragraphs (c) and (d)

of subdivision thirty-four of section 1.20 of the criminal procedure

law, extradition, and other related provisions that may be agreed upon

by the parties. These agreements are not intended to and shall not be

interpreted as adding, repealing, or otherwise amending any law, rule,

or regulation.

General powers and duties of council. The council of the

Tonawanda nation may determine upon the laying out and working of roads

and highways, and may make by-laws for the regulation of such work; 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

other domestic animals; and may provide a penalty of not exceeding five

dollars, for the violation of any such by-law or ordinance, recoverable

for the benefit of such nation by any chief or officer thereof, in any

justice's court of the county of Genesee.

Attorney. 1. The state department of social services shall

appoint, with the advice and consent of the Tonawanda nation of Indians,

an attorney and counsellor of the supreme court for at least three years

to be the attorney for the Tonawanda nation of Indians, who shall be

paid by the state an annual salary of five hundred dollars. He shall

advise such Indians in relation to their affairs, and in relation to

controversies among themselves or with any other person; shall prosecute

such actions and proceedings for them, or any of them, as he may deem

proper and necessary; provided however that any refusal to prosecute

such actions and proceedings shall be reviewable by such department; and

shall, on a written complaint of a majority of the chiefs of such

nation, when any trespass has been committed on the lands of such

reservation, or any timber, wood or logs have been cut, carried away or

converted by any person, not an Indian, to his own use, immediately

commence the proper suit for recovery of such property or of damages for

such injury.

2. The state department of social services may provide additional

compensation to such attorney if it determines that the amount of

service provided exceeds the value of the annual compensation.

Additional compensation shall not exceed a total of one thousand dollars

annually.

Vacancies in elective offices. If a vacancy shall occur in any

office of the Tonawanda nation, any chief of such nation may call a

special meeting of the chiefs thereof residing on such reservation, to

be held at one of their council houses, by a notice specifying the time

and place thereof, served on such chiefs personally or left at their

respective places of residence at least five days before the time of

such meeting. At such meeting the chiefs present shall appoint a clerk,

and by a majority vote shall elect a person to fill such vacancy for the

remainder of the unexpired term. The clerk of such meeting shall enter

and certify the result of such election in the register of elections.

Leases for agricultural purposes. 1. Any Indian who is a member

of the Tonawanda nation and who resided on the Tonawanda reservation

may, with the approval of the council of the nation, lease land allotted

to him to any person for agricultural purposes; the term of any such

lease shall not exceed one year. Any lease entered into without the

approval of the council, as evidenced by the endorsements thereon of the

presiding officer and the clerk of the council, shall be void and

unenforceable. Any person who enters upon or occupies any of the lands

of the Tonawanda reservation under a void lease may be removed as an

intruder pursuant to section eight of this chapter. All crops raised

under an invalid lease shall become the property of the nation, and the

council of the nation may cause the crops to be harvested and sold for

the benefit of the nation. Any rents received pursuant to a void lease

shall also become the property of the nation, and the council shall have

a cause of action to recover such rents from the person who received

them. Common lands which have not been allotted to members of the nation

may be leased by the council of such nation for agricultural purposes;

the term of any such lease shall not exceed one year.

Leases for the extraction of minerals, oil or natural gas. The

council of the Tonawanda nation, with the approval of the attorney for

the nation, may by lease give the right to explore land located upon the

Tonawanda reservation and extract minerals, oil or natural gas therefrom

by means other than those commonly known as surface, open pit, or strip

mining. No lease shall be for a term in excess of twenty years. The

council of the nation shall use the rents from any such lease for the

common benefit of the nation as determined by the council, provided

however, that any Indian residing on the Tonawanda reservation, who is

deprived of substantial use or enjoyment of his allotted land because of

mining operations conducted under any such lease, shall receive from the

proceeds of the lease fair and equitable compensation for his loss.

Payment of annuity. The proportionate share of such nation to

the annuity of five hundred dollars, agreed to be paid by the state of

New York under a treaty dated September twelfth, eighteen hundred and

fifteen, shall be paid by the state to the treasurer of the Tonawanda

nation. Their proportionate share shall be determined by the ratio that

their numbers bear to the whole number of Senecas residing in other

parts of the state, having an interest in such annuity.

Indian trespasses on common land. If any Indian of the

Tonawanda nation shall occupy any of the common lands of his nation

without having obtained from the council an allotment thereof, as

required by law, the council shall cause a notice to be served upon such

Indian, signed by the presiding officer and clerk thereof, describing

the lands so occupied, and requiring such Indian to remove therefrom, or

within ten days after the personal service upon him of such notice, to

show cause at a time and place therein mentioned, before the council,

why he should not be removed therefrom. If such Indian shall not remove

from such lands as required by the notice, or shall not show sufficient

cause to the council why he should not be removed therefrom, the

council, upon due proof of the personal service of such notice on the

person to whom it was directed, and that the lands occupied by such

person are common lands of the nation not held by such person in

pursuance of law, shall issue an order to the marshal, commanding him to

forthwith remove such person, which order shall be signed by the

presiding officer, and clerk of the council.

Encroachment by Indians on occupied lands. Whenever complaint

shall be made to the peacemakers of the Tonawanda reservation, by any

Indians lawfully residing upon any cultivated lands of such reservation

which shall have been entered and described in the clerk's books of

records, that an encroachment is being made by other Indians on such

lands, they shall issue a notice to the persons against whom complaint

is made, stating the cause of complaint and requiring such persons to

appear before them at a time and place therein specified to show cause

why the complainant should not be put into full and peaceable possession

of such lands; which notice shall be immediately served upon such

persons. At the time and place mentioned in such notice the peacemakers,

on proof of the personal service of such notice on the persons against

whom complaint is made, shall hear the proofs of the parties, and shall

forthwith determine whether an encroachment has been made and the extent

thereof. If they shall determine that an encroachment has been made,

they shall issue an order to the marshal of such reservation, commanding

him to forthwith remove such encroachments and put the complainant into

full possession of such lands.

Court of impeachment. The court of impeachment, as provided by

the constitution of the Seneca nation, shall be called together by the

clerk of the nation, upon a written petition, presented to him, signed

by at least twenty electors of said nation.

Poles and wires on reservation. Any company may erect poles and

wires, and other necessary fixtures thereto, across the lands of the

Seneca Indians on the Tonawanda reservation, provided the company shall

pay to the Indians to whom allotments have been made, and on whose

premises telephone or telegraph poles for the purpose of supporting

wires have been or may hereafter be erected, damages therefor, which in

case of inability to agree thereon, shall be ascertained in the manner

provided in the eminent domain procedure law. And in case the poles are

erected on lands that have not been allotted to any Indian, then the

said company shall pay a like sum to the district attorney of Genesee

county, who shall distribute the same in accordance with the provisions

of section eighty-six of this article. And in case any company may have

already erected poles, or in case any company may hereafter erect poles

without paying therefor in accordance therewith, then the said Indians

are authorized to maintain actions of ejectment against the company

therefor, in the same manner as citizens of this state, and as if they

were owners in severalty of the lands so allotted to them. In case the

lands are not allotted, then such an action may be prosecuted in the

name of the Tonawanda band of Seneca Indians. The provisions of this

article shall not apply to the existing lines of any such company, which

has heretofore obtained the consent of said Seneca Indians to the

erection of such existing lines and shall have paid a valuable

consideration for the same, so far as such existing lines have been

erected upon lands that have not been allotted.

Allotment of lands. The chiefs or head men of the Tuscarora

nation of Indians in the county of Niagara, 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

reasonable and just; and no tribal lands shall be appropriated by any

Indian to his own use, without such consent and allotment. Such chiefs,

in council, may appoint a clerk, who shall enter in a book kept for that

purpose, every allotment of tribal lands, set apart for any Indian or

Indian family, and of the part thereof from which such Indian or family

may sell timber and trees, and of the part he is permitted to clear for

the purposes of cultivation.

Consent of chiefs to sales of timber. Any Indian having tribal

lands allotted to him by the chiefs, with the consent of such chiefs

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 good

faith clear for the purpose of cultivation.

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

the name of the nation.

Illegal sales of timber and trees. Every sale or disposition

without the consent of such chiefs, by any individual Indian or Indians,

of any tree or timber on any of the tribal lands, or of any manufacture

therefrom, shall be void. The chiefs may sell for the benefit of the

nation any timber or trees on the wild lands of such nation, the

proceeds of such sale to be paid to the chief whom the council shall

appoint as treasurer. Such chiefs may bring an action against the person

to whom such trees or timber are sold to recover the purchase price

thereof, or against any person who shall have received any tree, timber

or the manufacture therefrom, unlawfully sold, to recover the value

thereof for the benefit of the nation. Any person who shall sell, take

or carry from the lands of such nation any trees, lumber or articles

manufactured therefrom, without the consent of such chiefs, in any other

case than is provided for in this section, shall be liable to a penalty

of twice the value of such trees, timber or manufactured articles,

recoverable by such chiefs.

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

Indians. Before receiving any such money, such clerk shall execute a

bond to the Saint Regis tribe in double the amount of the money payable

to him. Such bond shall be approved as to form, amount and sufficiency

of sureties by the county judge of Franklin county. The council of

chiefs of the Saint Regis tribe may, in case of default, delinquency or

misconduct of such clerk, maintain an action upon such bond. Before

receiving any such money, the clerk shall also prepare under the

direction of the chiefs an annual roll of the members of the Saint Regis

tribe who are eligible to receive annuity money, including therein the

name and post-office address of each such member, and file copies of

such roll in the offices of the department of social welfare and the

county clerk of Franklin county. The department of social welfare shall

not in any manner be charged with or be responsible for the distribution

or expenditure of such annuity money by such tribe or any officials

thereof.

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 tribe,

which warrant the clerk shall retain as a voucher. At least five days

before the annual election, he shall report to the council an account of

the moneys received and expended by him with the vouchers for such

expenditures. He shall be entitled to receive for his services an amount

to be fixed by the majority of the chiefs of the tribe, payable out of

moneys disbursed by him.

2. The clerk, after setting aside sufficient funds for disbursements

required to be made by law shall pay to individual members or heads of

families of the tribe the per capita shares of tribal members in such

annuity money unless, at a general meeting of the qualified voters of

such tribe duly called and held during such year and prior to the

distribution of such money, a majority of the qualified voters shall

approve the expenditure of all or part of such moneys for one or more

tribal projects, in which event the amount or amounts so approved for

payment on account of such project or projects shall be paid in

accordance with such vote and any balance of such annuity money

remaining shall be added to the tribal funds.

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

reasonable and just, and no tribal lands shall be appropriated by any

Indian to his own use, without such consent and allotment. The clerk

shall enter in a book, kept for that purpose, every allotment of tribal

lands, set apart for any Indian or Indian family, and the part thereof

from which such Indian or family may sell timber or trees or the part he

is permitted to clear for the purposes of cultivation.

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 good

faith clear for the purposes of cultivation.

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 the

name of the nation.

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 the

benefit of the tribe any timber, trees or stone on the wild lands of

such tribe, the proceeds of such sale to be paid to the clerk. Such

chiefs may bring an action in the name of the tribe against the person

to whom such trees, timber or stone are sold to recover the value

thereof, or against any person who shall have received any tree, timber

or stone or the manufacture therefrom unlawfully sold, to recover the

value thereof for the benefit of the tribe. Any person who shall sell,

take or carry from the lands of such tribe, any trees, lumber, stone or

article of manufacture therefrom, without the consent of such chiefs, in

any other case than is provided for in this section, shall be liable to

a penalty of twice the value of such trees, timber, stone or

manufactured articles, recoverable by such chiefs in the name of the

tribe. The chiefs of such tribe, upon giving satisfactory security for

costs, may sue in the name of the tribe for the amount of any recovery

permitted under this section, and after paying the legal charges of such

suit, shall pay over any remaining proceeds of such recovery to the

clerk of the tribe.

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

involving the title to property between individual Indians residing on

such reservation. A chief shall not act in any such case where he is

related by blood to either of the parties within the fourth degree by

the common law, or has any interest in the action or proceeding.

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

other domestic animals, and may provide a penalty of not exceeding five

dollars for the violation or disobedience of any such by-law or

ordinance recoverable for the benefit of such nation, by any chief or

officer thereof in the name of the nation in any justice's court of the

county of Franklin.

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 for the chiefs or headmen, the subchiefs and clerk of the tribe at

the elections of such tribe provided for by this article.

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

provided for by this article, and shall have all the powers conferred by

this chapter upon such officers. A subchief shall have all the power and

shall perform all the duties of the chief to whom he is elected as a

subchief, in case of such chief's inability to act for any reason

whatsoever.

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, each

of whom shall hold office for a term of three years.

At each third annual election dating from that held in the year

eighteen hundred and ninety-eight, there shall be elected by a plurality

of the votes cast by the qualified voters of said tribe, a clerk, who

shall hold office for a term of three years.

A successor to such clerk shall be elected at the annual election

occuring next prior to the expiration of his term of office. The terms

of office of all officers of the Saint Regis tribe shall commence at

twelve o'clock noon on the first day of July succeeding the election at

which they are elected.

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

attorney or the sheriff of Franklin county and the members of the

council who are not then candidates for election shall preside at the

election, receive the ballots presented by the voters and deposit them

in the respective ballot-boxes. Such council members and county attorney

or sheriff shall each be entitled to receive for such services the sum

of twenty dollars per day for each day during which they are actually

employed with such duties, to be paid out of the moneys due such tribe

from the state. The polls of such election shall be open between the

hours of nine o'clock in the morning and five o'clock in the afternoon.

A voter voting at such election must, if challenged, before depositing

his ballot, solemnly swear that he is at least eighteen years of age,

that he resides on the American side of the line dividing the United

States from Canada and that he is entitled to draw a share of the yearly

annuity moneys, which oath shall be administered by the clerk of the

tribe.

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 cast for each person at such election, and the names of the

persons elected. The clerk shall enter on the tribal book the names of

each person voted for at such election, the number of votes cast for

each such person, the names of the persons elected to office and the

terms for which they are to serve.

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

shall be elected to such office to hold office until the expiration of

the term for which his predecessor was elected.

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 establishment of the tribal police department,

and together with each application under subdivision two of this

section, the tribal council must provide to the superintendent of state

police, and at all times during the existence of such police department

and during the tenure of any police officer appointed under subdivision

two of this section, the tribal council must maintain in full force and

effect, a waiver of sovereign immunity providing as follows: "The St.

Regis Mohawk Tribe hereby waives its sovereign immunity from liability

and action in New York state and federal courts, and hereby assumes

liability and consents to have the same determined in accordance with

the same rules of law as applied to actions against municipalities of

the state of New York; provided that this waiver applies to liability

for acts or omissions of officers appointed under subdivision two of

this section and other police department employees occurring while the

officer or employee was acting within the scope of his or her employment

or duties, and to the provision of a defense for such officer or

employee accused of such acts or omissions. This waiver shall apply to

each such act or omission, whether or not legal action based on the act

or omission is brought after a revocation of this waiver."

b. The St. Regis Mohawk Tribe shall provide for the defense of

officers appointed under subdivision two of this section and other

employees of the police department in any civil action or proceeding,

state or federal, arising out of any alleged act or omission that

occurred or allegedly occurred while the officer or employee was acting

within the scope of his or her employment or duties. This duty to

provide for a defense shall not arise where such civil action or

proceeding is brought by or at the behest of the St. Regis Mohawk Tribe.

(i) The St. Regis Mohawk Tribe shall indemnify and save harmless

officers appointed under subdivision two of this section and other

police department employees in the amount of any judgment obtained

against such officers or employees in a state or federal court, or in

the amount of any settlement of a claim, provided that the act or

omission from which such judgment or claim arose occurred while the

officer or employee was acting within the scope of his or her employment

or duties.

(ii) The duty to indemnify and save harmless prescribed by this

subdivision shall be conditioned upon the timely notification to the St.

Regis Mohawk Tribe of the commencement of the action or proceeding and

upon the full cooperation of the officer or employee in the defense of

such action or proceeding and in defense of any action or proceeding

against the St. Regis Mohawk Tribe based upon the same act or omission,

and in the prosecution of any appeal.

(iii) At the time of the establishment of the tribal police

department, and together with each application under subdivision two of

this section, the tribal council must provide to the superintendent of

state police evidence of procurement of, and at all times during the

existence of such police department the tribal council and during the

tenure of any police officer appointed under subdivision two of this

section, must maintain in full force and effect at its own cost and

expense, a liability insurance policy from any insurance company

authorized by law to transact business in this state, against liability

imposed by the provisions of this section. The minimum liability limits

of such policy shall be five million dollars ($5,000,000) for any one

occurrence.

(iv) The St. Regis Mohawk Tribe shall indemnify and save harmless the

state of New York and employees of the state of New York as defined in

section seventeen of the public officers law in the amount of any

judgment obtained against the state or such employees in a state or

federal court, or in the amount of any settlement of a claim approved by

the tribal council, provided that the act or omission from which such

judgment or claim arose was committed by any police officer appointed

under subdivision two of this section or other employee of the tribal

police department and occurred while the officer or employee was acting

within the scope of his or her employment or duties.

2. Upon the application of the St. Regis Mohawk tribal council, the

superintendent of state police may appoint any person as a police

officer with all powers provided for in the criminal procedure law for

the preservation of order and of the public peace upon the St. Regis

Mohawk tribal reservation and upon additional lands as set forth in

subdivision eight-a of this section. The total number of appointments

shall be determined by the superintendent in his or her discretion.

3. Such application shall be in writing, specifying the name, age, and

address of each person for whom an appointment is sought.

4. The superintendent shall cause an investigation to be conducted of

the character, qualifications and fitness of each proposed appointee and

no person whom such investigation shows to be, in the opinion of the

superintendent, other than of good moral character shall receive an

appointment under this section.

5. The superintendent shall obtain two sets of the applicant's

fingerprints for purposes of determining the criminal history of the

applicant. One set of fingerprints shall be sent to the division of

criminal justice services to identify the applicant and to conduct a

criminal history records search of the division's New York state files

to determine whether or not such applicant has a criminal history in

this state. The other set of such applicant's fingerprints shall be

forwarded to the federal bureau of investigation for the purpose of a

nationwide criminal history record check to determine whether such

applicant has a criminal history in any state or federal jurisdiction.

The division of criminal justice services shall promptly transmit the

reports of the New York state criminal record search to the

superintendent. The federal bureau of investigation reports of

nationwide criminal records searches shall be transmitted to the

superintendent by the most direct means authorized by federal law, rules

and regulations.

6. No person shall commence duties as a police officer under this

section unless and until the St. Regis Mohawk tribal council shall

certify to the superintendent of state police, and the superintendent is

so satisfied, that the proposed appointee has met the minimum police

training standards as determined by the superintendent.

7. The superintendent of state police shall file the certificate of

appointment of any such person in the office of the department of state,

and shall forthwith notify the person appointed, by mail, at the address

specified in the application, that the certificate has been so filed.

Each such person shall, within fifteen days after such certificate shall

have been filed, and before entering upon the duties of the office, take

and subscribe the constitutional oath of office, and file it in the

office of the department of state. The home address of the person

appointed shall appear in the certificate of appointment, and whenever

such address is changed the St. Regis Mohawk tribal council shall file

with the superintendent of state police a statement of the new address.

8. The geographical area of employment of a police officer appointed

under this section shall be within the county of Franklin, and within

that county, only within the boundary of the St. Regis reservation,

except that if the superintendent of state police has certified such

officer with expanded jurisdiction within the county of Franklin,

pursuant to subdivision eight-a of this section, the geographical area

of employment of such police officer shall also include the area of

expanded jurisdiction set forth in that subdivision. Notwithstanding any

law to the contrary, police officers appointed pursuant to this section

shall not serve under the command or authority of any other government

agency or officer, and shall not serve as members of joint task forces

with other law enforcement agencies, without the approval of the

superintendent.

8-a. Upon the application of the St. Regis Mohawk tribal council, the

superintendent is authorized to expand the jurisdiction of any person

appointed a police officer under this section to the area within the

county of Franklin, outside of the boundary of the St. Regis

reservation, to the area known as the "Bombay triangle" in such manner

that the southern boundary of the area of expanded jurisdiction shall be

a straight line beginning at a point on the southern boundary in the

southwest quadrant of the St. Regis reservation, 500 feet east of the

St. Regis river at 44.9540N 74.6873W, continuing in an easterly

direction to a point on the southern border in the south western

quadrant of the reservation at 44.9526N 74.6132W. The area of expanded

jurisdiction shall include all points north of this line described

herein continuing to the southern-most border of the St. Regis

reservation. Such expanded jurisdiction may be revoked or suspended by

the superintendent at his or her discretion. Officers exercising police

authority pursuant to this expanded jurisdiction shall be subject to all

of the provisions set forth in this section in the same manner as if

they were operating within the state-recognized borders of the St. Regis

reservation and all responsibilities set forth in this section with

respect to the duties of the St. Regis Mohawk tribe, including the duty

to indemnify and save harmless, shall apply to this area in the same

manner as if it was within the state-recognized boundaries of the St.

Regis reservation. A representative of the administration of the St.

Regis Mohawk tribal police department shall keep the superintendent

informed, on a monthly basis, of all crimes, accidents and requests for

law enforcement services occurring within the area described in this

subdivision in whatever manner and format the superintendent designates.

Nothing in this section shall be interpreted in a manner to reduce or

eliminate the existing jurisdiction of any other state or local police

department within this area.

9. A person appointed a police officer under this section shall be an

employee of the St. Regis Mohawk Tribe and shall not be an officer,

agent, servant or employee of the state or any subdivision thereof. The

compensation of every such police officer shall be such as may be agreed

upon between the officer and the St. Regis Mohawk tribal council and

shall be paid by the St. Regis Mohawk tribal council.

10. When the St. Regis Mohawk tribal council no longer employs a

police officer appointed under this section it shall file notice to that

effect with the superintendent of state police and in the office of the

department of state, and thereupon such appointment shall be terminated.

11. The superintendent of state police may also at pleasure revoke or

suspend the appointment of any such police officer by filing a notice of

suspension or revocation thereof in the office of the department of

state and mailing a notice of such filing to the St. Regis Mohawk tribal

council, and also to the person whose appointment is suspended or

revoked, at the officer's address as it appears in the certificate of

appointment or the latest statement thereof on file. An appointment may

be restored by the superintendent upon the filing of a restoration

notice to the department of state, the person suspended, and the St.

Regis Mohawk tribal council.

12. If such person thereafter, knowing of such revocation or having in

any manner received notice thereof, exercises or attempts to exercise

any of the powers of a police officer, under this section, such person

shall be guilty of a misdemeanor. The filing and mailing of such notice,

as above provided, shall be presumptive evidence that such person knew

of the revocation.

13. The superintendent shall revoke the appointments of all such

police officers, by the process provided in subdivision eleven of this

section, if the tribal council fails to maintain in full force and

effect the waiver of sovereign immunity and the policy of insurance

specified in subdivision one of this section.

14. The superintendent is authorized to promulgate rules and

regulations to effectuate the provisions of this section.

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 town

meetings in the town of Southampton, and by plurality of votes elect

three persons, belonging to such tribe, as trustees. The town clerk of

said town shall attend and preside at such meetings and shall enter in a

book kept by him for that purpose the names of the trustees chosen. He

shall also enter in such book the proceedings of such trustees and of

the justices of such town in reference to the allotment or leasing of

Indian lands.

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

Southampton, may lease so much of such lands as they may deem for the

benefit of the tribe, for a term not longer than three years.

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 of at least two of such justices, obtained and entered in the book

of the town clerk kept for such purpose, shall be liable to a penalty of

twenty-five dollars for every acre hired, used or occupied. Any person

belonging to such tribe, who shall cut any wood or timber on such lands,

without the order and consent of such trustees and justices entered in

such book, shall be liable to a penalty of ten dollars for each offense.

One-half of any such penalty shall be for the use of the overseers of

the poor of the town of Southampton, and the other half shall go to any

person who shall sue for the recovery thereof.

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 by a majority vote by ballot of the blood right members of the

tribe eligible to vote at the annual tribal meeting which shall be held

annually on the first Tuesday in April. All officers shall hold office

for a period of one year with the exception of the land trustees. The

land trustees shall hold office for a period of three years, provided

however, that one land trustee shall be elected each year so that

continuity and experience will be maintained among the trustees.

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; and

is certified as a blood right member of the Poospatuck Indian nation by

the tribal council of such nation in accordance with the tribal rules,

customs and regulations of the Poospatuck Indian nation.

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

months immediately preceding election.

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

claims of the tribe to other lands, nor shall such survey be made more

than once every ten years.

Laws repealed. Of the laws enumerated in the schedule hereto

annexed, that portion specified in the last column is hereby repealed.

When to take effect. This chapter shall take effect

immediately.