Southampton Town Considers Graves Protection Legislation

UPDATED July 1

A follow up work session on graves protection legislation was held last Thursday June 25 at
Southampton Town Hall with both Southampton Town attorneys present. Progress was made according to Becky Genia of the Inter-Tribal Historic Protection Task Force.
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The Southampton Town Board held a work session last Friday June 19 on legislation designed to protect native american and colonial era grave sites.

The legislation was proposed five years ago by the Inter-tribal Historic Preservation Task Force.
The Task Force was formed after a mass grave site was destroyed during construction in nearby Shelter Island Town. It includes members of the Naragannsett, Unkechaug and
Shinnecock Indian Nations.
There is no New York State or Federal law that protects grave sites on privately held land.

The proposed ordanance would provide a procedure to follow when human remains are un-earthed during construction.
It would establish a Town committee to oversee the procedure. A builder would be required to notify the Town so that the committee could be notified prior to start of construction.

It would require notification to Police and the County Medical Examiner
when a discovery is made.
If the remains are more than 50 years old an archeological survey and carbon-dating would be mandated.
The committee would meet with representatives of the descendants along with the property owner to determine the disposition of the remains and associated funerary objects.

During the Town Board session, members of the Task Force emphasized that ancient grave sites are all over the town and in the past had not been built on since local people were aware they exist.
The committee would maintain a registry of burial sites discovered and believed to contain native american and colonial era graves.
Issues of private property may be involved according to Town Supervisor Linda Kabot. Chief Harry Wallace of the Unkechaug Nation observedthat private property rights did not prevent the preservation of wildlife.

The proposed legislation was referred to the Town Attorney and the discussion will continue in about a month according to Supervisor Kabot.

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May 11: In response to this letter (following) Southampton Town Board member Chris Nuzzi sent a request last week to put the matter on the schedule for a Board Work Session. He attached a similar request he had sent last fall to the Town Board. Thankyou Mr Nuzzi.

April 29, 2009


Dear Southampton Town Board Members:

I am writing to urge you to finally act on a proposal for a "Native American and Colonial Graves Protection and Repatriation Local Law" first submitted in July of 2005 by the Inter-Tribal Historic Preservation Task Force (IHPTF).

Attached are a memo* prepared in 2005 by Attorney George Stankevich describing the proposed local law and a letter* to the Town Board dated May 24, 2008 by Rebecca Genia of the IHPTF.

The indigenous people of this place hold the land and the remains of their ancestors sacred. Mr. Stankevich quotes a statement on human remains by the Haudenosaunee (Iroquois Confederacy). It reads in part:

"... We have been taught that we bury our dead into the ground so that their bodies can become part of the sacred Earth ...We believe that we come from Mother Earth..... We believe that the remains, the associated burial objects and the actual soil in which they rest is sacred.... "

As we would not disturb the graves of our ancestors we should not allow the desecration of the graves of any people's ancestors.

Please consider prompt action before we lose any more of our heritage.

Anthony Ernst
Southampton

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* documents available on request to: eastendreport@yahoo.com

The Inter-Tribal Historic Preservation Task Force sent the proposed ordanance to all 5 East End Town Boards in 2005. The Shelter Island Board adopted an ordinance described by Ms. Genia as "watered down". No other Towns have adopted a graves protection law. Forty six states have grave protection laws but New York and 3 other states do not have such a law.



Week of June 18 - click here for updates

Who can protest and does not is an accomplice in the act _The Talmud

click on links following:

June 27 - Hamptons Roots Music Festival in Southampton 7pm - Caroline Doctorow, The Kennedys, Barbara Lamb, Mick Hargreaves - benefit for WPKN 89.5 / WPKM 88.7

Southampton Town Board: Work Session on Graves Protection Ordinance - Friday, June 19 at 12 Noon


June 20, Accountability for People in High Places: Talk by Bill Quigley - Center for Constitutional Rights - East Hampton - 5:30 pm

Film on TV: "Combatants for Peace and the Billboard from Bethlehem" - Ch. 20 Saturdays at 10pm - former Israeli and Palestinian fighters work together for peace
Save the Date: September 5 (Labor Day Weekend) - Kathleen Chalfant in "Emmett. Down in My Heart"

Peace & Justice Calendar
Long Island Wins: Patchogue-Medford Student Says We Care
Suffolk Peace Vigils
Casualties in Iraq and Afghanistan

Democracy Now!

The independent news hour with Amy Goodman and Juan Gonzalez:
on Riverhead/Southampton/Southold/Shelter Island
Channel 20:

Note: Channels 20 (public access) and 22 (government meetings) now require a digital capable TV or converter box and have been removed from the basic cable service in violation of contracts with the east end towns. Call your Town Council members to find out what they are doing about this.

Starting April 1 - schedule for Democracy Now!

Monday 6:30 am

Tuesday 6 PM

Wednesday 8 PM

Thursday 10 PM

Friday 6:30 am

Also on WUSB 90.1 FM 5 PM Mon-Friday and East Hampton LTV Ch 20 - schedule here

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email subscribers: To un-subscribe: reply with "DON'T SEND" in the subject line to eastendreport@yahoo.com

Accountability for Criminals in High Places: Bill Quigley of Center for Constitutional Rights




click on above to enlarge

Sept 5, 'Emmett, Down in My Heart' Play by Clare Coss

September 5 (Saturday): Emmett, Down in My Heart, Play by Clare Coss at 8pm in East Hampton
Featuring Kathleen Chalfant, Danny Glover and others plus music by the Community Gospel Choir
Benefit for Bridgehampton Child Care and Recreation Center

Court sets Shinnecock recognition schedule

from Indian Country Today

www.indiancountrytoday.com/home/content/46462547.html

SHINNECOCK, N.Y. – The Shinnecock Indian Nation has taken a giant leap toward federal recognition and the possibility of owning the first casino in the New York City area.

The tribal nation reached a settlement with the Interior Department May 26 that requires the BIA to issue a Proposed Finding on the tribe’s petition for federal recognition by Dec. 15. A Final Determination could be rendered as early as June 2010, placing the Shinnecock Nation on the list of federally recognized American Indian tribes.

“As a result of this settlement, our more than 30-year quest for federal recognition is finally within our grasp,” said Randy King, chairman of the tribe’s three-member board of trustees. “We look forward to reclaiming our rightful place on this list, which will enable us to qualify for federal programs long denied to our people. To be denied the ability to partner with the federal government on housing, healthcare, educational and economic justice initiatives is no longer tolerable.

“This recognition, when it inevitably comes, will come after years of anguish and frustration for many members of our Nation, living and deceased. As Indian people, even though we’ve maintained who we are for generations, and surrounded by some of the wealthiest communities in the country, perhaps this recognition will help some of our neighbors better understand us and foster a new mutual respect.”

The Shinnecock Indian Nation is the poster child for the BIA’s long and winding road to federal recognition. The tribe filed for federal status in 1978 soon after the BIA established its seven criteria process. It was fourth on the list of petitioners back then.

In 2005, a federal judge bypassed the BIA recognition process and ruled that the state-recognized Shinnecock Indians are indeed a federal tribe, but the Interior Department refused to recognize the judge’s ruling despite a law saying tribes can be federally recognized by the BIA process, by Congress or by a federal judge.

In 2006, the tribe filed the lawsuit charging Interior with undue delay. After a series of legal roadblocks, local opposition, and other tangled delays since its petition was filed, the nation found it had regressed from fourth to ninth on the petitioners list by 2007.

The new court stipulation, which was approved by federal District Court Judge Joseph Bianco, settles the tribe’s unreasonable delay lawsuit and puts the tribe at the head of the BIA’s petitioners’ list.

“Given that another federal judge, District Court Judge Thomas Platt, already reviewed our case in 2005 and determined that we are an Indian tribe under federal law, we are fully confident this process can only end with our placement on the list (of federally recognized tribes) by DOI,” Trustee Fred Bess said.

In addition to the Dec. 15 deadline for a Proposed Finding, the agreement cuts in half the comment period following the Proposed Finding from a maximum of 360 days to 180 days, though it could be as quick as 90 days. Overall, the agreement ensures that a final decision will be reached in 2010, possibly as early as June.

Being federally recognized will allow the tribe to pursue economic development through the Indian Gaming Regulatory Act. To that end, the trustees wrote to Gov. David Paterson May 26 to open discussions.

“Governor, the federal recognition means so much to our people in part because it will allow us to pursue the economic justice that has been wrongfully denied us for decades. We are fully prepared to pursue that economic justice, including gaming opportunities, so that our people have the housing, health care, schools and jobs that we need. Our people will expect no less,” the trustees wrote.

The Shinnecocks will be able to establish Class II gaming on their 800-acre reservation as soon as they are recognized. But the 1,000-member tribe has faced local opposition from residents in the Hamptons area of Long Island, and has considered instead a full scale – and much more profitable – Class III gaming operation elsewhere.

The trustees stressed timeliness in their letter to Paterson.

“We fully intend to remain good neighbors as we pursue opportunities to provide jobs for our people. We look forward to working with Gov. Paterson, who has demonstrated a true understanding of the challenges we have faced, to bring those efforts to a successful conclusion. There is no reason to wait for the recognition process to end, and every reason to act now so we can resolve these matters sooner than later,” Trustee Gordell Wright said.

Paterson issued the following statement in response to a request for comment: “The governor’s office will continue to monitor the federal recognition process that is currently underway. At this time, it is premature to discuss New York’s position with respect to a possible casino for the Shinnecock Indian Nation.”

Federal acknowledgment will also allow the tribe to resolve more than $1 billion of land claims, including a claim for 3,600 acres in the wealthy East End area of Long Island.

The land claim is based on a 1703 lease between Southampton and the tribe, a coastal people of the Algonquin language group. The lawsuit charges that a group of powerful investors conspired to break the lease in 1859, sending the state Legislature a fraudulent petition from a number of Shinnecock tribesmen. Although other tribal members protested immediately, the Legislature approved the sale of 3,600 acres, leaving the tribe with the 800 acres and an additional 88 acres of reservation land.
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copyright Indian Country Today
www.indiancountrytoday.com