[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 37 Reported in Senate (RS)]
Calendar No. 638
108th CONGRESS
2d Session
S. J. RES. 37
[Report No. 108-310]
To acknowledge a long history of official depredations and ill-
conceived policies by the United States Government regarding Indian
tribes and offer an apology to all Native Peoples on behalf of the
United States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 6, 2004
Mr. Brownback (for himself, Mr. Campbell, Mr. Inouye, Mr. Akaka, Mr.
Daschle, and Mr. Dodd) introduced the following bill; which was read
twice and referred to the Committee on Indian Affairs
July 15, 2004
Reported by Mr. Campbell, with an amendment and an amendment to the
preamble
[Strike all after the resolving clause and the preamble and insert the
part printed in italic]
_______________________________________________________________________
JOINT RESOLUTION
To acknowledge a long history of official depredations and ill-
conceived policies by the United States Government regarding Indian
tribes and offer an apology to all Native Peoples on behalf of the
United States.
<DELETED>Whereas the ancestors of today's Native Peoples inhabited the land of
the present-day United States since time immemorial and for thousands of
years before the arrival of peoples of European descent;
Whereas the Native Peoples have for millennia honored, protected, and stewarded
this land we cherish;
Whereas the Native Peoples are spiritual peoples with a deep and abiding belief
in the Creator, and for millennia their peoples have maintained a
powerful spiritual connection to this land, as is evidenced by their
customs and legends;
Whereas the arrival of Europeans in North America opened a new chapter in the
histories of the Native Peoples;
Whereas, while establishment of permanent European settlements in North America
did stir conflict with nearby Indian tribes, peaceful and mutually
beneficial interactions also took place;
Whereas the foundational English settlements in Jamestown, Virginia, and
Plymouth, Massachusetts, owed their survival in large measure to the
compassion and aid of the Native Peoples in their vicinities;
Whereas in the infancy of the United States, the founders of the Republic
expressed their desire for a just relationship with the Indian tribes,
as evidenced by the Northwest Ordinance enacted by Congress in 1787,
which begins with the phrase, ``The utmost good faith shall always be
observed toward the Indians'';
Whereas Indian tribes provided great assistance to the fledgling Republic as it
strengthened and grew, including invaluable help to Meriwether Lewis and
William Clark on their epic journey from St. Louis, Missouri, to the
Pacific Coast;
Whereas Native Peoples and non-Native settlers engaged in numerous armed
conflicts;
Whereas the United States Government violated many of the treaties ratified by
Congress and other diplomatic agreements with Indian tribes;
Whereas this Nation should address the broken treaties and many of the more
ill-conceived Federal policies that followed, such as extermination,
termination, forced removal and relocation, the outlawing of traditional
religions, and the destruction of sacred places;
Whereas the United States forced Indian tribes and their citizens to move away
from their traditional homelands and onto federally established and
controlled reservations, in accordance with such Acts as the Indian
Removal Act of 1830;
Whereas many Native Peoples suffered and perished--
</DELETED> (1) during the execution of the official United States
Government policy of forced removal, including the infamous Trail of
Tears and Long Walk;
</DELETED> (2) during bloody armed confrontations and massacres, such
as the Sand Creek Massacre in 1864 and the Wounded Knee Massacre in
1890; and
</DELETED> (3) on numerous Indian reservations;
Whereas the United States Government condemned the traditions, beliefs, and
customs of the Native Peoples and endeavored to assimilate them by such
policies as the redistribution of land under the General Allotment Act
of 1887 and the forcible removal of Native children from their families
to faraway boarding schools where their Native practices and languages
were degraded and forbidden;
Whereas officials of the United States Government and private United States
citizens harmed Native Peoples by the unlawful acquisition of recognized
tribal land, the theft of resources from such territories, and the
mismanagement of tribal trust funds;
Whereas the policies of the United States Government toward Indian tribes and
the breaking of covenants with Indian tribes have contributed to the
severe social ills and economic troubles in many Native communities
today;
Whereas, despite continuing maltreatment of Native Peoples by the United States,
the Native Peoples have remained committed to the protection of this
great land, as evidenced by the fact that, on a per capita basis, more
Native people have served in the United States Armed Forces and placed
themselves in harm's way in defense of the United States in every major
military conflict than any other ethnic group;
Whereas Indian tribes have actively influenced the public life of the United
States by continued cooperation with Congress and the Department of the
Interior, through the involvement of Native individuals in official
United States Government positions, and by leadership of their own
sovereign Indian tribes;
Whereas Indian tribes are resilient and determined to preserve, develop, and
transmit to future generations their unique cultural identities;
Whereas the National Museum of the American Indian was established within the
Smithsonian Institution as a living memorial to the Native Peoples and
their traditions; and
Whereas Native Peoples are endowed by their Creator with certain unalienable
rights, and that among those are life,
liberty, and the pursuit of happiness: Now, therefore, be it
</DELETED>Whereas the ancestors of today's Native Peoples inhabited the land of
the present-day United States since time immemorial and for thousands of
years before the arrival of peoples of European descent;
Whereas the Native Peoples have for millennia honored, protected, and stewarded
this land we cherish;
Whereas the Native Peoples are spiritual peoples with a deep and abiding belief
in the Creator, and for millennia their peoples have maintained a
powerful spiritual connection to this land, as is evidenced by their
customs and legends;
Whereas the arrival of Europeans in North America opened a new chapter in the
histories of the Native Peoples;
Whereas, while establishment of permanent European settlements in North America
did stir conflict with nearby Indian tribes, peaceful and mutually
beneficial interactions also took place;
Whereas the foundational English settlements in Jamestown, Virginia, and
Plymouth, Massachusetts, owed their survival in large measure to the
compassion and aid of the Native Peoples in their vicinities;
Whereas in the infancy of the United States, the founders of the Republic
expressed their desire for a just relationship with the Indian tribes,
as evidenced by the Northwest Ordinance enacted by Congress in 1787,
which begins with the phrase, ``The utmost good faith shall always be
observed toward the Indians'';
Whereas Indian tribes provided great assistance to the fledgling Republic as it
strengthened and grew, including invaluable help to Meriwether Lewis and
William Clark on their epic journey from St. Louis, Missouri, to the
Pacific Coast;
Whereas Native Peoples and non-Native settlers engaged in numerous armed
conflicts;
Whereas the United States Government violated many of the treaties ratified by
Congress and other diplomatic agreements with Indian tribes;
Whereas this Nation should address the broken treaties and many of the more
ill-conceived Federal policies that followed, such as extermination,
termination, forced removal and relocation, the outlawing of traditional
religions, and the destruction of sacred places;
Whereas the United States forced Indian tribes and their citizens to move away
from their traditional homelands and onto federally established and
controlled reservations, in accordance with such Acts as the Indian
Removal Act of 1830;
Whereas many Native Peoples suffered and perished--
(1) during the execution of the official United States Government
policy of forced removal, including the infamous Trail of Tears and Long
Walk;
(2) during bloody armed confrontations and massacres, such as the
Sand Creek Massacre in 1864 and the Wounded Knee Massacre in 1890; and
(3) on numerous Indian reservations;
Whereas the United States Government condemned the traditions, beliefs, and
customs of the Native Peoples and endeavored to assimilate them by such
policies as the redistribution of land under the General Allotment Act
of 1887 and the forcible removal of Native children from their families
to faraway boarding schools where their Native practices and languages
were degraded and forbidden;
Whereas officials of the United States Government and private United States
citizens harmed Native Peoples by the unlawful acquisition of recognized
tribal land and the theft of tribal resources and assets from recognized
tribal land;
Whereas the policies of the United States Government toward Indian tribes and
the breaking of covenants with Indian tribes have contributed to the
severe social ills and economic troubles in many Native communities
today;
Whereas, despite the wrongs committed against Native Peoples by the United
States, the Native Peoples have remained committed to the protection of
this great land, as evidenced by the fact that, on a per capita basis,
more Native people have served in the United States Armed Forces and
placed themselves in harm's way in defense of the United States in every
major military conflict than any other ethnic group;
Whereas Indian tribes have actively influenced the public life of the United
States by continued cooperation with Congress and the Department of the
Interior, through the involvement of Native individuals in official
United States Government positions, and by leadership of their own
sovereign Indian tribes;
Whereas Indian tribes are resilient and determined to preserve, develop, and
transmit to future generations their unique cultural identities;
Whereas the National Museum of the American Indian was established within the
Smithsonian Institution as a living memorial to the Native Peoples and
their traditions; and
Whereas Native Peoples are endowed by their Creator with certain unalienable
rights, and that among those are life, liberty, and the pursuit of
happiness: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,
<DELETED>SECTION 1. ACKNOWLEDGMENT AND APOLOGY.</DELETED>
<DELETED>The United States, acting through Congress--</DELETED>
<DELETED> (1) recognizes the special legal and political
relationship the Indian tribes have with the United States and
the solemn covenant with the land we share;</DELETED>
<DELETED> (2) commends and honors the Native Peoples for the
thousands of years that they have stewarded and protected this
land;</DELETED>
<DELETED> (3) acknowledges years of official depredations,
ill-conceived policies, and the breaking of covenants by the
United States Government regarding Indian tribes;</DELETED>
<DELETED> (4) apologizes on behalf of the people of the
United States to all Native Peoples for the many instances of
violence, maltreatment, and neglect inflicted on Native Peoples
by citizens of the United States;</DELETED>
<DELETED> (5) expresses its regret for the ramifications of
former offenses and its commitment to build on the positive
relationships of the past and present to move toward a brighter
future where all the people of this land live reconciled as
brothers and sisters, and harmoniously steward and protect this
land together;</DELETED>
<DELETED> (6) urges the President to acknowledge the
offenses of the United States against Indian tribes in the
history of the United States in order to bring healing to this
land by providing a proper foundation for reconciliation
between the United States and Indian tribes; and</DELETED>
<DELETED> (7) commends the State governments that have begun
reconciliation efforts with recognized Indian tribes located in
their boundaries and encourages all State governments similarly
to work toward reconciling relationships with Indian tribes
within their boundaries.</DELETED>
<DELETED>SEC. 2. DISCLAIMER.</DELETED>
<DELETED> Nothing in this Joint Resolution authorizes any claim
against the United States or serves as a settlement of any claim
against the United States.</DELETED>
SECTION 1. ACKNOWLEDGMENT AND APOLOGY.
The United States, acting through Congress--
(1) recognizes the special legal and political relationship
the Indian tribes have with the United States and the solemn
covenant with the land we share;
(2) commends and honors the Native Peoples for the
thousands of years that they have stewarded and protected this
land;
(3) recognizes that there have been years of official
depredations, ill-conceived policies, and the breaking of
covenants by the United States Government regarding Indian
tribes;
(4) apologizes on behalf of the people of the United States
to all Native Peoples for the many instances of violence,
maltreatment, and neglect inflicted on Native Peoples by
citizens of the United States;
(5) expresses its regret for the ramifications of former
wrongs and its commitment to build on the positive
relationships of the past and present to move toward a brighter
future where all the people of this land live reconciled as
brothers and sisters, and harmoniously steward and protect this
land together;
(6) urges the President to acknowledge the wrongs of the
United States against Indian tribes in the history of the
United States in order to bring healing to this land by
providing a proper foundation for reconciliation between the
United States and Indian tribes; and
(7) commends the State governments that have begun
reconciliation efforts with recognized Indian tribes located in
their boundaries and encourages all State governments similarly
to work toward reconciling relationships with Indian tribes
within their boundaries.
SEC. 2. DISCLAIMER.
Nothing in this Joint Resolution--
(1) authorizes or supports any claim against the United
States; or
(2) serves as a settlement of any claim against the United
States.
Calendar No. 638
108th CONGRESS
2d Session
S. J. RES. 37
[Report No. 108-310]
_______________________________________________________________________
JOINT RESOLUTION
To acknowledge a long history of official depredations and ill-
conceived policies by the United States Government regarding Indian
tribes and offer an apology to all Native Peoples on behalf of the
United States.
_______________________________________________________________________
July 15, 2004
Reported with an amendment and an amendment to the preamble