Hochul veto of burial-site protection bill a blow to LI tribes

Gov. Kathy Hochul's year-end veto of legislation to protect unmarked burial sites on Long Island and throughout the state dealt a blow to local Native American tribes who for years have pushed for the measure.

On Friday, Hochul — in one of her final acts of 2022, and before taking office for a full-term on Sunday — vetoed the Unmarked Burial Site Protection Act, which passed both state houses last year with near unanimous support.

The bill would have required developers to cease activity on work sites if human remains were discovered and a state archaeologist determined whether the remains were of Native American origin.

"Disgraceful behavior"

"The disgraceful behavior of this state is unconscionable," said Harry Wallace, chief of the Unkechaug tribe in Mastic and a longtime advocate for the bill. "New York should never permit itself to be labeled a progressive state, because that is an outrageous lie. The way they treat human remains in this state is unconscionable."

As part of the legislation, a Native American Review Committee would have led an effort to find descendants or culturally-affiliated groups connected to the remains. Those individuals then would have had discretion on how to dispose of the remains, including whether they should stay at the development site. Violations of the law, either through failure to report or destroying or selling remains, would have been a misdemeanor. 

New York, along with New Jersey and Wyoming, are the only states in the nation that do not provide such protection.

"Property owners would have no authority over their own real property and would be forced to accept decisions that impact their property," Hochul wrote in her veto message. "I recognize the need for a process to address the handling of unearthed human remains in a way that is respectful to lineal descendants or culturally-affiliated groups. However any process addressing the handling of unearthed human remains that also involves the private property of New Yorkers must appropriately protect both interests. This bill, as drafted, does not do so."

Fight not over

The law, supporters said, was crafted to protect not only native burial sites, but also those of African Americans and Revolutionary War veterans who were often buried in mass graves.

Former Assemb. Steve Englebright (D-Setauket), the bill's sponsor, said Hochul "came down on the side of the land owners."

"This quest for respect and regard for those who have preceded us is not over," said Englebright, who lost his bid for reelection in November and left office at year's end. "This is an initiative that ultimately has to be resolved."

The bill had the support of the United South and Eastern Tribes, an intertribal organization, and the National Congress of American Indians, which passed a resolution noting that the Unkechaug and Shinnecock nations in Southampton “have faced difficulties safeguarding unmarked ancestral burials.”

On Long Island, a group of 36 activist groups, including the Long Island Progressive Coalition, sent a letter to Hochul last year urging her to sign the measure.

In a joint statement Tuesday, the Shinnecock Graves Protection Warrior Society and Honor Our Indigenous Ancestors, said Hochul vetoed the bill after they rejected "unjustified and unpalatable" amendments that would have allowed developers to remove human remains after 60 days.

“This is yet another slap in the face in line with centuries of brutal settler colonialism and violent land theft," the statement said. "But we will persevere in our fight to preserve our lands from desecrating developers. We will continue to do what is necessary to protect our sacred burial sites and consecrated remains, which is something we’ve been doing since long before New York was even a state.” 

Hochul also vetoed a bill, sponsored by Assemb. Fred Thiele (D-Sag Harbor), that would have restored the Montaukett tribe’s state recognition status. In a 1910 State Supreme Court ruling, Justice Abel Blackmar found the tribe to be “disintegrated and absorbed into the mass of citizens,” paving the way for a developer’s theft of tribal lands, according to historians.

Hochul wrote in her veto message that Montaukett supporters have not provided all of the necessary documentation to the Department of State.

The tribe, has more than 1,200 known members, including more than 400 on Long Island, records show.