Thiele Reintroduces Graves Protection Legislation, After Hochul Vetoed Measure in 2022

Assemblyman Fred W. Thiele Jr. recently announced that he had reintroduced the Unmarked Burial Site Protection Act to safeguard unmarked burial grounds across New York State.

The legislation, previously sponsored by former Assemblyman Steven Englebright, passed both houses last year in Albany, but was vetoed by Governor Kathy Hochul in December.

Currently, New York is one of only three states that do not provide comprehensive protections to determine the cultural affiliation and disposition of human remains that are buried in unmarked sites. The legislation would enact the necessary measures to prevent additional destruction of these sites when culturally significant remains or funerary items are uncovered by developers during home construction or renovation projects.

“Native burial sites throughout New York deserve protection and should be accorded dignity and respect,” Thiele said in a release. “Native American communities like the Shinnecocks, the Ukechaugs and the Montauketts in my district have worked diligently to protect their sacred burial lands. The Community Preservation Fund has also been indispensable in preserving critical sites like Sugar Loaf in Shinnecock Hills. This bill would provide much needed protection to these sites. It is a crucial step in righting the wrongs of the past by giving these lands the recognition and protection that Native American burial grounds deserve.”

Thiele added that Hochul’s “decision to veto this legislation last year was ill-considered. The governor must take a fresh look at this issue. Justice demands it. I look forward to working with my Assembly colleagues, the Senate, and the governor to help our Native American communities preserve these sacred lands.”

This week he said that in vetoing the bill, Hochul said it didn’t take into account private property rights. “I’m not particularly sympathetic to that argument,” he said.

Thiele said he had introduced the bill in January and said there continued to be conversations between the governor’s office and various tribes across the state.

“I’m confident we can get this through this year,” he said. “I don’t think the parties are that far apart.”