May 23, 2023 | post-journal.com
State senators are extending an olive branch to the Native American nations inside the state — though Sen. George Borrello says the olive branch may need to be an olive tree to make a real difference.
Senators approved S.4648, sponsored by Sen. Tim Kennedy, D-Buffalo, and co-sponsored by Borrello, among other senators, by a unanimous vote earlier this week. A companion bill (A.2792) has not yet been approved by the state Assembly. If Kennedy’s bill receives Assembly approval, it would create new Office of Native American Affairs within the state’s Executive Branch. Kennedy said in his legislative justification that the governor’s office and legislature sometimes take actions to acknowledge or support the continued partnership between New York state and the eight federally recognized Native American Nations within the state, there is no central entity within state government specifically created to further these partnerships.
The Office of Native American Affairs, as approved in the Senate, would act as a centralized office for Native American nations to access information on state programs that are provided to Native Americans, develop and maintain cooperative relationships between New York state’s tribal nations, tribal organization, Native American citizens and the state; establish, manage, coordinate, and facilitate Native American-related policies, positions, and programs; advise and assist state agencies in development policies, plans, and programs for Native Americans; and serve as a conduit for New York state’s tribal nations to other state agencies and programs.
“With this bill, we’re changing that,” Kennedy said on the Senate floor. “An Office of Native American Affairs in New York State will ensure the voices of native nations are considered when we’re shaping state policies. This office, among other things will maintain open lines of communication and strong relationships, between New York and our tribal nations, coordinate and manage Native American-related policies and serve as a resource for nations to access information on state programs that assist Native American populations. This office is something that our nations want. They see this as the way to strengthen relationship between New York and native communities, and they believe it is a strong step toward building a more inclusive New York.”
The Seneca Nation approved of action in the state budget that passed the Unmarked Burial Site Protection Act which Gov. Kathy Hochul had vetoed in December. The act provides a process, standards and appropriate timelines that will help ensure that unmarked burial sites, remains and funerary objects discovered in New York are protected from disruption and can be restored to the care of our Nations.
But the Seneca Nation has sparred with the state often in recent years over a gaming compact that allows the Senecas to operate casinos but has become a point of contention between the nation and state in recent years. Ownership of the state Thruway in areas where it passes through the nation’s territories has also become contentious. A lawsuit over 300 acres of land where the Thruway runs through the Seneca Nation’s Cattaraugus Territory has been allowed to proceed by a federal appeals court after state officials had asked the suit to be dismissed. The suit claims a 1954 land deal allowing the Thruway to be built was illegal. The suit comes on the heels of lengthy discussions in 2019 to repair a particularly rough stretch of the Thruway running through the Cattaraugus Territory.
“We both share access to the Seneca Nations in our districts and I’m proud to represent the sovereign nation of the Seneca Nation,” Borrello said. “And more importantly we talk about the past and offenses against our native tribes here in New York state, but unfortunately, the past is not all that far in the past. You saw the previous administration that was actively engaged in sabotaging the Seneca Nation and others. For example, we saw a compact that was violated by the previous governor and, other such atrocities that made it more difficult for the Seneca Nation and others that provide economic support, particularly to our local governments through the compact. I really urge the governor to move forward this new compact. It’s critically important as you run into the end of this session. Part of this legislation says to develop and maintain cooperative relationships between new york state’s tribal nations, tribal organization, Native American citizens and the state. We have a long way to go to complete that. I am glad to see the legislature is stepping up to try to be a part in that, so I proudly vote aye.”
From Robert Odawi Porter: The NYS Senate has approved a bill to create an Office of Native Affairs to improve the State’s relationship and policies towards sovereign Tribal nations and Native people in the state. It is long overdue and the Assembly should pass the companion bill as soon as possible. There has never been any legal or moral foundation for the State’s approach towards Native peoples, just predatory self-interest. Perhaps this Office can professionalize and stabilize State behavior in the future for mutual benefit. Kudos to Senators Kennedy and Borello for leading this effort!
