NYS Gov Hochul Uses Last Minutes of 2022 to Veto Unmarked Burial Site Protection Act

After the New York State legislature unanimously passed the Unmarked Burial Site Protection Act, NYS Governor Kathy Hochul vetoed the bill on December 30th. Indigenous leaders throughout New York state have condemned Hochul’s decision to veto a bill that would have protected unmarked graves.

The bill would have protected the unmarked burial sites from desecration by private developers. As current federal and state laws do not apply to lands held privately. The bill would have protected Native burial sites, African Americans and Revolutionary War veterans. New York is one of only three states to not have a law that completely protects the remains of Indigenous people and others from desecration and destruction. Only New York, New Jersey and Wyoming fail to protect human remains found in unmarked burial sites. Currently, federal and state laws do not apply to lands held privately.

The Unmarked Burial Site Protection Act proposed the creation of a committee, including an archeologist that is designated by the state, involved in the process. It would have also provided penalties for failure to report a burial site or act in an appropriate and respectful manner.

Harry Wallace, the chief of the Unkechaug Tribe, said the veto comes after the tribes rejected proposed amendments by the governor. The amendment would have allowed for a property owner or developer to remove bodies from land after a 60 day wait.

“We told them that provision is unconscionable. It is a disgrace, it is a continuation of the current way things are,” Wallace said. “So, we could not in good conscious accept those changes.”

Several Indigenous leaders called the proposed amendments “unjustified” and “unpalatable” in their statement.

In a joint statement, the Shinnecock Graves Protection Warrior Society and Honor Our Indigenous Ancestors condemned Hochul’s veto of the Unmarked Burial Site Protection Act on Dec. 30.

“After we rejected unjustified and unpalatable amendments to the Unmarked Burial Site Protection Act, Gov. Hochul made the indefensible decision to veto the legislation … despite the fact that the legislature passed the bill with near unanimous support,” the Shinnecock Graves Protection Warrior Society said in a statement. “This is yet another slap in the face in line with centuries of brutal settler colonialism and violent land theft. 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

Hochul stated, “Throughout this process, which does not have a specified end date or window, the property owners would have no authority over their own real property and be forced to accept decisions that impact their property.”

She added: “I recognize the need for a process to address 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.”

A total of 37 groups signed a letter to Hochul in recent months. In part, it read, “New York State customarily leads; it does not follow. The Unmarked Burial Site Protection Act, when signed and implemented, will join New York to the family of states that protect ancient burial sites whose surface appearances may have disappeared over time but are nonetheless sacrosanct land worthy of respect and dignity.”

Neither the New York State Office of Historic Preservation nor the New York State Department of Environmental Conversation have the resources nor the expertise to singularly provide protection for these sites, advocates continued.

“As a result, private developers have unfettered discretion to destroy these grave sites without fear of reprisal. Federal and New York State laws, as they currently exist, do not apply to lands held privately. It is a gap in an otherwise significant body of enforcement that has paved the way for the appropriate handling of sacred sites and human remains.”

The legislation, which passed the legislature during its last session, “closes that gap,” the letter read. “Only New York, New Jersey and Wyoming fail to protect human remains found in unmarked burial sites.”

“It is right that we do this,” those who signed said.

“The states of Florida, Massachusetts and Washington have significant urban, rural and suburban populations, similar to New York, and their unmarked burial protection laws work well. If New York State can devise laws to protect wetlands and endangered species, should human remains command anything less?” those who wrote the letter said.

Included in those who signed were the Shinnecock Graves Protection Warrior Society, the Shinnecock Warriors of the Sunrise, the Shinnecock Kelp Farmers and 34 others.