N.Y. Indian Law § 8: Intrusion on tribal lands

§ 8. 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.