N.Y. Indian Law § 56

Current through 2024 NY Law Chapter 456

Section 56 - Trees and timber on reservations

Except as provided by this section, no person shall cut, remove, cause to be removed or assist in removing from the Allegany, Cattaraugus or Tonawanda reservations any wood, trees or timber thereon, nor shall any Indian sell or dispose of any timber or trees on such reservations, or any manufacture therefrom; and every such sale or disposition shall be void. Except as provided in this section, any person who shall cut, remove or cause to be removed from any such reservations, or any Indian who shall sell or dispose of any trees or timber thereon, or any manufacture therefrom, shall be liable to a penalty of twice the value of such property, recoverable for the benefit of the nation occupying the reservation. An Indian residing on the Allegany or Cattaraugus reservation, may sell or dispose of, for his own benefit, any trees or timber, or the manufacture thereof, on any wild lands allotted to or entered by him; and, upon obtaining a permit from the council, signed by the presiding officer and clerk thereof, may manufacture shingles or staves from any trees or timber on any wild lands of the nation not allotted to or entered by any other Indian, and may dispose of the same for his own benefit. Any member of the Allegany or Cattaraugus reservation may sell logs from land to which he holds title. The council of the Seneca nation may sell or dispose of any trees or timber on the wild lands of the Allegany or Cattaraugus reservation, and the proceeds of such sale or disposition shall be for the benefit of such nation.

(a) Any member of the Tonawanda nation may cut timber on any land on the Tonawanda reservation to which he holds title by allotment solely for the purposes of manufacture of shingles, lumber and boards for the construction, erection and repair of buildings which such member owns situate upon said reservation and for firewood for himself and his family, and, upon obtaining a written permit, from the council of chiefs of said nation, granted only by resolution thereof, signed by the presiding officer and clerk thereof, may cut timber only on such part of the common unallotted land of the Tonawanda reservation and in such quantity as shall be specifically designated by such council of chiefs by such resolution and described in said permit, solely for the purposes of manufacture of shingles, lumber and boards for the construction, erection and repair of buildings which such member owns situate upon such reservation, and for firewood for himself and his family. No person not a member of the Tonawanda nation shall be employed by any Indian in cutting any timber on the Tonawanda reservation.