Cuomo Vetoes Montaukett Recognition Bill

New York Governor Andrew Cuomo (l.) vetoed legislation that would officially recognize the 1,500-member Montaukett Tribe. He denied the tribe official status in 2013 claiming the process the legislature approved for recognition was too burdensome. This time he said the bill would require the state to recognize the tribe "as a nation, without any process."

Cuomo Vetoes Montaukett Recognition Bill

For the second time, New York Governor Andrew Cuomo vetoed a bill that would have granted official recognition to the Montaukett Tribe. The 1,500-member tribe, mostly residents of central Long Island, lost its official status under an early-20th century lawsuit that also deeded tribal lands in Montauk to a real estate developer. Cuomo wrote in his veto message, “Providing state recognition to an Indian tribe warrants thorough and careful consideration of all parties. However this bill would require the state to bypass such analysis and recognize the Montaukett Indian tribe as a nation, without any process.”

State Assemblyman Fred W. Thiele Jr., who co-sponsored the legislation with state Senator Kenneth P. LaValle, called the governor’s decision very disappointing. He urged the state’s executive branch and Department of State to produce their evaluation of the Montaukett’s official status, which was established by legislation passed in 2013 and modeled on the complex process used by the federal Bureau of Indian Affairs. Cuomo vetoed that bill, stating that process was too burdensome for the state. He added the Department of State would create its own process and conduct a review of the Montaukett’s status.

Thiele stated, “Four years ago, we put through a bill to create a procedure for the Montauketts to be evaluated for recognition, and the governor said, ‘I don’t like your procedure, I’m going to make my own.’ But there’s no evidence that they’ve done anything, so we put up a bill to recognize the Montauketts and they veto us saying we’re interrupting their process. If they’ve undertaken any kind of process, it doesn’t appear evident to anybody involved with the Montauketts.”

Cuomo responded the state “only recently” received some of the information it requested for an analysis of the Montauketts’ status. He also said he would again instruct the department to “pro-actively communicate with the Montaukett Indian tribe” to complete the review of their status “in a timely manner.”

The state officially recognized the Unkechaug tribe in 1971 and the Shinnecocks in the early 20th century. The Montaukett bill was modeled after the legislation that officially recognized those tribes. State recognition would make tribe members eligible for benefits including health care and education subsidies. However, tribal officials have said they’re mainly interested in righting a century-old wrong.

Montauketts spokesman Bob Pharoah said the legislature was using “smoke and mirrors.” He commented, “I’m not going to hold my breath” regarding finally being recognized. But if that happens, he said, “The fact that we would finally be vindicated, that we would have a gross injustice rectified and our wholeness as a tribe back, our status back, to know it would make my ancestors very happy.”

Thiele said he and LaValle will reintroduce their bills again in the next legislative session. “We will attempt to the best of our ability to hold the governor’s and Department of State’s feet to the fire to complete this evaluation that they say they’ve undertaken. If they say they want to complete the process, then complete it.”