Previously, New York law allowed developers to build on Native American burial sites without preserving the remains, making it one of four states with no meaningful protection for graves on private land.
Governor Kathy Hochul announced a budget deal that would require private landowners to halt development if a burial site is discovered on their property for the first time.
The new law makes it a crime to remove, deface or sell the remains or funerary objects, protecting the rights of tribal descendants.
The new law is a significant victory for Native Americans across the state of New York, as they have been pushing for grave protection for almost 20 years.
Representatives of the state's tribes pushed legislators to protect their ancestors' graves, but bills have failed to pass due to opposition from powerful business and real estate interests.
The measure being considered requires landowners to call the county medical examiner or coroner if human remains are discovered on their property.
A burial site committee of tribal representatives and state experts would examine the case and decide, with the landowner and descendants of the dead, what to do next.
The law includes safeguards to ensure property owners or developers do not plunder or disrespect Native American burial sites.