Southampton to purchase land, proposes protection of graves

American Indians protest construction at a new home in Southampton that they say is an ancient burial ground on Jan. 6. Credit: Gordon M. Grant
Southampton Town officials have taken several measures to protect the Shinnecock Indian Nation’s ancient burial area, moves both town officials and tribe members said was a positive shift in their historical relationship.
Attention over preserving land in Shinnecock Hills — which is the tribe’s sacred burial area, but seen as prime Hamptons real estate to others — has heightened in the past two years. Factors include the 2018 discovery of likely Shinnecock remains at a Hawthorne Road construction site, the release of the 2019 documentary "Conscience Point," which follows the tribe’s preservation plight and ongoing protests at another Montauk Highway construction site.
The town board last Tuesday agreed to purchase and preserve 3.3 acres for $2.2 million following a public hearing on the issue. The board also set two public hearings for proposed actions that would further safeguard native burial sites.
The tribe had been advocating for grave protection legislation for years, although no laws had been passed.
“This is probably one of the town councils that have actually listened and have understood, or at least tried to understand, that historic trauma that we have because it is real, and it is there,” tribal council of trustees vice chairman Lance Gumbs said during the hearing.
Tribal members from across the Northeast and progressive groups had joined the Shinnecocks in demonstrations at a Montauk Highway construction site where the town in November issued a building permit for a single-family home. The town was unable to stop construction there, but successfully negotiated a deal to buy 3.3 undeveloped acres nearby. The funding source for the purchase is the town’s Community Preservation Fund which is financed by a 2% real estate transfer tax.
“If it weren’t for those protests I don’t know that we’d be here today discussing this,” said Southampton Town Supervisor Jay Schneiderman.

Members of the Shinnecock Indian Nation protest outside the construction site of a new home along Montauk Highway, in an area they say was a burial ground for their chiefs, in Southampton on Jan. 6. Credit: Gordon M. Grant
Town officials are also considering legislation enacting a six-month construction moratorium in certain areas of Shinnecock Hills without first conducting an archaeological survey. Another law would set protocol if an unmarked grave is discovered in the town. Public hearings for both laws are set for March 24 at 6 p.m.
"All of our ancestors played a role in our community regardless of race, gender or social status," the unmarked grave law reads. "It is imperative that their resting places be properly protected. This is no less so in the case of a burial or gravesite which has gone unmarked."
Schneiderman said he was aghast to learn in 2018 following the Hawthorne Road discovery that there were no state or local law halting construction when skeletal remains are discovered. The town attorney’s office and the tribe have since worked together to craft the proposed laws.
“Hopefully this is the beginning of a new period and a stronger relationship between the Shinnecock people and the town board,” Schneiderman said.
Rebecca Hill-Genia, the tribe’s grave protection warrior and the star of "Conscience Point," vowed to continue the effort.
“This is our ancestral territory," she said at the hearing. "We will guard and protect it with our lives, our hearts and our souls."
Proposed Graves Protection Act:
- Construction must stop when an unmarked grave is discovered and the Southampton Town Police must be notified
- If the remains are human, the town archaeologist would work with the land owner and town committees to develop a plan
- Failing to notify police could result in a $10,000 fine and / or 15 days in jail
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