New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 4 - Executive Orders (Mario M. Cuomo) › Section 4.147 - Executive order no. 147: establishing an office of indian relations

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, in order to enhance the effectiveness of
					 government to government relations between New York State and the Indian
					 nations and governments within the State's borders, an Office of Indian
					 Relations should be established; and
WHEREAS, the Office will serve as the State's principal
					 liaison to the Indian nations and governments through coordination of agency
					 activities and programs; and
WHEREAS, as a permanent organization, with direct access to
					 the Governor, the Office would be uniquely positioned to facilitate
					 longer-range efforts to improve the economic, educational and cultural
					 development of Indians throughout the State;
NOW, THEREFORE, I, Mario M. Cuomo, Governor of the State of
					 New York, by virtue of the authority vested in me by the Constitution and Laws
					 of the State of New York, do hereby establish an Office of Indian Relations,
					 the head of which shall be the Director of Indian Relations.
Definitions
1.
				  Officeshall mean the State Office of Indian Relations.
2. Director shall mean the chief
				  administrative officer of the Office of Indian Relations.
3. State agency shall mean any department,
				  office, council, or agency of the State, or any public benefit corporation or
				  authority authorized under the laws of the State.
4. Federal government shall mean any
				  department, office, council, or agency of the Federal government, or any public
				  benefit corporation or authority authorized by Federal statute.
Powers and Duties of the Director
The Director shall report directly to the Governor and
					 shall receive an annual salary to be fixed by the Governor within the amount
					 available therefor by appropriation. The Director shall also be entitled to
					 receive reimbursement for actual and necessary expenses incurred in the
					 performance of official duties. The Director may appoint such officers and
					 employees, agents, consultants and other staff as the Director may deem
					 necessary, prescribe their duties, fix their compensation where allowable and
					 provide for reimbursement of their actual and necessary expenses within amounts
					 available therefor by appropriation.
General Functions, Powers and Duties
The Office, by and through the Director or duly authorized
					 officers and employees, shall have the following functions, powers and
					 duties:
1. To work cooperatively with
				  the Indian nations and governments to enhance self-government among
				  them.
2. To recommend and promote
				  modification to laws and regulations of the State consistent with the
				  intergovernmental relationship between the State and the Indian nations and
				  governments.
3. To act as a liaison
				  and communicate and consult with the Indian nations and governments to assist
				  them in becoming economically self-reliant, while assuring the availability of
				  all appropriate State services on a nondiscriminatory basis.
4. To enter into any agreement or contract
				  with any private or public agency, corporation or individual necessary or
				  convenient to carry out its functions, powers and duties.
5. To actively promote program initiatives in
				  other State agencies that would meet specific needs of various Indian nations
				  and governments and be supportive of Indian self-determination consistent with
				  national policy.
6. To develop
				  interdepartmental State policies and guidelines, in full consultation with the
				  Indian nations and governments and the affected State agencies, that will aid
				  in coordination of all policies and programs administered by State
				  agencies.
7. To maintain regular
				  liaison with counterpart offices of the Federal government and, when
				  appropriate, with other states and the Federal and provincial governments of
				  Canada.
8. To represent the State
				  in negotiations with Indian nations and governments, including settlement of
				  land claims and development of intergovernmental agreements.
Cooperation of State Agencies
All State agencies shall provide the Director with
					 assistance in advancing the purpose of the Office to assure that the activities
					 of the Office are fully coordinated with the activities of State agencies
					 providing services to Indians.
Nothing contained herein shall be deemed to derogate or
					 detract in any way from the functions, powers and duties prescribed by law of
					 any other State agency or to interrupt or preclude the direct relationship of
					 any such State agency for the carrying out of such functions, powers and
					 duties.
Reports to the Governor and Legislature
The Office shall hereafter make an annual report on or
					 before October first, to the Governor and the Legislature, with copies to
					 representatives and governments of the Indian nations and governments,
					 concerning the coordination activities undertaken by the Office, and
					 recommendations for legislative proposals, along with other pertinent
					 information which, in the opinion of the Director will indicate the activities
					 conducted by the Office in the previous year.
Signed: Mario M. CuomoDated: July 31, 1991