New York Assembly Passes Bill to Reinstate Montaukett Indian Nation Recognition

But Governor Hochul Vetoes Measure for Fourth Time, Citing 1910 Court Ruling

Apr. 14, 2026 at 5:06pm

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A close-up painting of an old, weathered Montaukett tribal symbol or artifact, such as a carved wooden totem or stone tool, bathed in warm, golden light and deep shadows, conveying a sense of history, resilience, and the ongoing struggle for indigenous sovereignty.The Montaukett's century-long quest for state recognition remains an unresolved chapter in New York's complex history with Native American land rights.NYC Today

The New York State Assembly unanimously passed a bill to reinstate and acknowledge the Montaukett Indian Nation, which has been seeking state recognition for over a century. However, Governor Kathy Hochul has vetoed similar measures seven times, citing a 1910 court ruling that declared the tribe 'extinct' despite their continued existence and self-governance.

Why it matters

The Montaukett's long struggle for state recognition highlights the complex history of Native American land rights and sovereignty in New York. The tribe's advocates argue the 1910 court ruling was racially biased and ignored earlier federal decisions affirming the Montauketts as a sovereign nation.

The details

The latest bill, sponsored by Assemblyman Tommy John Schiavoni, passed the Assembly unanimously in March 2026 and now heads to the State Senate, which has overwhelmingly approved similar measures seven times. However, Governor Hochul has vetoed the recognition bills four times, citing the 1910 Pharaoh v. Benson court case that stripped the Montauketts of their land and legal status.

  • The New York State Assembly passed the Montaukett recognition bill on March 9, 2026.
  • Governor Hochul has vetoed similar bills four times, most recently in December 2025.

The players

Tommy John Schiavoni

A Democratic Assemblyman who sponsored the 2026 bill to reinstate Montaukett recognition.

Kathy Hochul

The Governor of New York who has vetoed Montaukett recognition bills seven times, citing the 1910 Pharaoh v. Benson court ruling.

Wyandank Pharaoh

The Montaukett chief who unsuccessfully challenged the taking of tribal lands by developer Arthur Benson in the 1910 Pharaoh v. Benson case.

Arthur Benson

A developer who acquired Montaukett tribal lands through the 1910 Pharaoh v. Benson court case.

Sandra Brewer-Walker

The executive director of the Montaukett Indian Nation, who criticized Governor Hochul's lack of understanding of Native American history.

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What they’re saying

“The people of the Montaukett Indian Nation are a rich part of the Long Island community.”

— Tommy John Schiavoni, Assemblyman

“The wrongful removal of their state recognition remains uncorrected.”

— Tommy John Schiavoni, Assemblyman

“An error doesn't become a mistake until you refuse to correct it. Instead of rejecting the noxious rationale of Benson, [Hochul's] veto affirmed it. I am ashamed of our state government.”

— Fred W. Thiele, Jr., Former Assemblyman

“The governor just doesn't get it—she lacks an understanding of Native American history and is upholding an illegal, racist ruling.”

— Sandra Brewer-Walker, Executive Director, Montaukett Indian Nation

What’s next

The State Senate will now consider the Montaukett recognition bill, which has passed the chamber seven times previously. If the bill passes the Senate, it will require a two-thirds vote to override Governor Hochul's expected veto.

The takeaway

The Montaukett's ongoing struggle for state recognition highlights the complex and often troubled history of Native American land rights and sovereignty in New York. Despite continued legislative support, the tribe faces an uphill battle to overturn a century-old court ruling that denied their existence.