NY Unmarked Burial Graves law
After a 25-year effort by tribes, New York enacted a law to protect the remains of Indigenous people and others found in unmarked graves.
The law protects the unmarked burial sites from desecration by private developers, as current federal and state laws do not apply to lands held privately. It applies to native burial sites, African Americans and Revolutionary War veterans.
Lawmakers passed a similar bill in 2022 that would protect unmarked burial sites found on privately-owned land from destruction. However, Gov. Kathy Hochul vetoed the bill after the legislature passed it with near unanimous support.
The controversial decision led a group of tribal nations, including the Shinnecock and Unkechaug, to condemn Hochul for the decision. In February, WSHU spoke with Harry Wallace, the chief of the Unkechaug Tribe. Wallace said the tribes have worked for the past 25 years to pass this bill. Tela Troge, a sovereignty attorney for the Shinnecock Tribal Nation, said five tribes worked together with Assembly members to continue negotiations.
Then the governor's office reached out to negotiate terms to place the bill into a provision in the state budget, according to State Assemblymember Fred W. Thiele, Jr. When the state’s annual budget was approved in June, it included a provision to authorize the Unmarked Burial Site Protection Act.
The bill outlined in the state budget would make the destruction or removal of remains and funerary items a crime. Private developers that discovered unmarked remains on their property would be required to stop development and contact the county medical examiner or coroner.
If remains or artifacts are identified, private developers must consult with a committee of tribal representatives and state experts to decide what to do next. Tribal descendants or tribes with connection to the remains would be given the “right of possession” of the Native American remains and burial objects.
Banning Native American mascots in schools
The New York State Board of Regents unanimously voted in 2023 to ban the use of Native American names, mascots and imagery in public schools.
School districts in New York were instructed to remove any Indigenous-themed names or imagery on buildings, clothing, courts and fields by the 2024-25 school year. They had until June 30 of this year to make a decision regarding name or logo changes.
The ban prompted questions and discussion within the education community. Several school districts hosted community forums to address residents' concerns. Some schools discussed ways to adapt to this new change.
Some school districts argued the board is removing a history that “honors” Native Americans. Although, several leaders within the Indigenous community and local tribes were outspoken to denounce such claims.
Many questioned whether the school could keep words like “arrows” and drop the word “flaming” to preserve the school identity. School districts with the names Braves, Warriors and Thunderbirds were only considered exempt because the names are not associated with Indigenous imagery.
Some school districts argued that rebranding school teams, apparel and facilities could cost hundreds of thousands of dollars. In some cases, adhering to the ban would require changes to repaint buildings, reorder uniforms and in some cases remove images from synthetic turf fields and terrazzo floors.
Brentwood School District, which is one of the largest in New York, began the process of changing their “Indians” mascot late last year. The switch is expected to cost well over $400,000. Superintendent Rich Loeschner told Newsday “You have to do the right thing.”
Refusal to adhere to the ban would mean the school is in violation of the Dignity for All Students Act. Districts that do not remove the imagery by the end of the 2024-25 school year could face withholding of state aid, and school officials risk their jobs. School districts can petition the state for aid if projects exceed $10,000. They can also petition for a time extension on the deadline.
The Supreme Court upholds a law regarding the adoption of Native American children
The Supreme Court ruled to uphold a law that allows for the adoption of Native American children by their relatives and tribes.
The 1978 Indian Child Welfare Act (ICWA) protects Native American children from being separated from relatives in the adoption process. The law was passed after investigations found that hundreds of thousands of Native American children were removed from their tribes by adoption agencies and placed with non-Native families.
Seven individuals and three states challenged the law. They claimed that the law was unconstitutional and relied on racial discrimination. However, advocates and many members of the Native American community said repealing the law would infringe on their rights and sovereignty.
The law does not dictate where a Native American child is placed in the adoption process but it provides protection from the child being separated from relatives or their tribe. The court ruled to keep ICWA in place in a 7-2 decision.
Dual taxation in Connecticut
The Connecticut General Assembly passed a law that established a special working group to find solutions to the issue of dual taxation on tribal territory.
Mohegan Tribe Chief of Staff Charles Bunnell said some property owners on tribal territory pay tax to the local town and the tribe. Bunnell referred to this as “dual taxation.”
Bunnell said if someone is doing business on the reservation, the governmental body that should be charging those taxes is the tribal nation. The towns of Ledyard and Montville have the ability to charge property tax on non-Native businesses on the tribe’s territory.
The tribes are each considered sovereign nations with their own constitutions, laws and systems of taxes. The tax collected allows tribes to provide services like police, firefighters and health care to people on tribal land.
Mashantucket Pequot Tribe Chairman Rodney Butler told the Legislature’s Finance, Revenue and Bonding Committee that double taxation hinders the tribe’s ability to attract business.
The group will be made of representatives from federally recognized tribes, the Mashantucket Pequot and Mohegan Tribe. They intend to submit recommendations to lawmakers before they begin their next legislative session in early 2024.
The task force will be led and chaired by the secretary of the Office of Policy and Management. The group will also consist of ranking members of the joint standing committees of the General Assembly, at least one representative of each such tribe and at least one representative of each municipality. The group is expected to submit a report no later than Jan. 1, 2024.
First tribally-owned cannabis dispensary on Long Island
The Shinnecock Tribal Nation opened the first tribally-owned and licensed cannabis dispensary on Long Island.
The Little Beach Harvest dispensary opened in November at 56 Montauk Highway in Southampton.
Chenae Bullock, managing director, said the opening comes after an eight-year-long journey. Bullock said the tribe faced many challenges along the way. The business's revenue will help sustain the sovereign nation and create job opportunities for tribal members and other locals.
At the start of their journey, the tribe had to first vote for and create a cannabis ordinance within the tribe. Once the ordinance passed, they had to go through a process of notifying the state of the new business venture. It took roughly three years.
The Little Beach Harvest business was created only after the tribe had to create a licensing program. Bullock said she continues to work with other tribe leaders to advocate at the state level.
The tribe has had several partnerships in the venture. In 2021, the tribe partnered with TILT Holdings, a provider of cannabis business development. The tribe broke ground on the physical location for the dispensary after seven years of development.
However, the tribe's partnership with the company ended in August 2023. According to Green Market Report, interim CEO Tim Conder said the partnership was reconsidered after "challenges in New York, including unlicensed operators selling cannabis on Shinnecock land."
In September, the company sold its interest in the venture to PowerFund Partners for $1.4 million. The Boston-based development company partnered with the tribal nation on the final stages of development of the Little Beach Harvest dispensary.
The dispensary will also sell products from licensed Shinnecock tribe members. She said a portion of the revenue from the business, 4% of sales, will go to the Shinnecock community. Bullock said the new business venture will help tribe members today and for future generations.
Another blow to Montaukett’s bid for NY state recognition
The Montaukett Indian Tribe was devastated after Gov. Kathy Hochul vetoed a bill that would have granted state recognition. It was another setback in a decades-long struggle to regain recognition.
The Long Island tribe had been formally recognized by New York state until 1910, when their recognition was stripped in a court ruling. The recognition was removed when the state claimed the tribe had dispersed and “disintegrated.”
Efforts were made by the tribe in 2013, 2017 and 2018 to gain recognition. But similar bills were vetoed by then-Gov. Andrew Cuomo, who said the tribe lacked enough documentation.
Tribe members have spent the last few years putting together the tribe’s complete history to provide to the governor’s office. The tribe submitted boxes of files with information regarding their status.
The tribe had hoped that the governor would sign the bill this year. Many believed appointing a new Deputy Secretary for First Nations was a sign of changing sentiment.
However, Hochul vetoed the bill and cited a 1910 state Supreme Court ruling in her decision. This marks the second time she has vetoed a bill to recognize the tribe.
This means the tribe will be ineligible for some state programs for recognized Indigenous tribes. Programs like education, health care and economic development funding.
The tribe must now consider their options. The State Legislature can attempt to override the governor's bill. The tribe can either introduce a bill next year for the sixth time or bring litigation against the state in an attempt to change the ruling.
Tribe members received national appointments and recognition
- Madeline Fielding Sayet of the Mohegan Tribal Nation, was one of five Indigenous members to join the Board of Trustees to the Institute of American Indian Arts.
- Sherry Pocknett made history in June as the first Indigenous woman to win a James Beard Award for culinary excellence. Pocknett also worked as the food and beverage director at the Mashantucket Pequot Museum and Research Center. Pocknett hopes to open a restaurant in Connecticut
- Mashantucket Pequot Tribe Chairman Rodney Butler was appointed to the U.S. Department of the Treasury’s Tribal Advisory Committee. Butler joined the seven committee members to advise Secretary of the Treasury Janet L. Yellen and the department on matters impacting Native American communities.
