[Senate Report 110-83]
[From the U.S. Government Publishing Office]
Calendar No. 202
110th Congress Report
SENATE
1st Session 110-83
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A 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
_______
June 18, 2007.--Ordered to be printed
_______
Mr. Dorgan, from the Committee on Indian Affairs, submitted the
following
R E P O R T
[To accompany S.J. Res. 4]
The Committee on Indian Affairs, to which was referred the
joint resolution, S.J. Res. 4, 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, having
considered the same, reports favorably thereon without
amendment and recommends that the joint resolution do pass.
PURPOSE
The purpose of S.J. Res. 4 is 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
Government.
BACKGROUND
The history of the United States is bound inextricably with
the people who first inhabited the land. With the creation of
its constitutional government, the new nation entered into
treaties with the First Nations of the land. Sometimes the
treaties were entered into with good will and good faith; other
times, not. In any event, these treaties represented mutual
promises between the federal government and the tribes.
As the United States grew in population, however, it grew
in the desire for land. Many American people--including federal
officials--remain unaware of the solemn treaty obligations the
nation entered into but repeatedly failed to meet as the nation
expanded. Those broken promises caused great harm to Native
Peoples, with dire consequences that remain with us today.
This resolution apologizes to Native Peoples on behalf of
the United States. Reviewing the history of the federal
government's treatment of Native Peoples makes painfully
obvious that the government's policies and decisions regarding
Native Americans have been the source of terrible injustice. It
is hoped that passage of this joint resolution will both give
rise to the American public's increased interest in the history
of the relationship between the federal government and Indian
tribes and also lead to vigorous policies that promote the
well-being of Native Americans today.
The Committee notes S.J. Res. 4 is not intended to engender
or fuel any controversies or litigation by or against the
United States and Indian tribes. S.J. Res. 4 does not, and
should not be construed to, authorize or support any claim
against the United States, nor should it serve as evidence to
support a claim against the United States. Specifically, it is
the intent of the Committee that S.J. Res. 4 shall not be used
as evidence pursuant to Federal Rule of Evidence 201 in any
judicial proceeding.
It is the sponsors' intention and the Committee's
understanding that S.J. Res. 4 does not authorize or serve as a
settlement of any claim against the United States by an Indian
tribe or tribes.
LEGISLATIVE HISTORY
On March 1, 2007, Senator Brownback introduced S.J. Res. 4,
a resolution that acknowledges the long history of official
depredations and ill-conceived federal government policies
toward Native Americans, and offers an apology to Native
peoples on behalf of the American people, for himself and
Senators Inouye, Cantwell, Dodd, Landrieu and Crapo, and was
referred to the Committee on Indian Affairs. Senator Dorgan was
added as a cosponsor on March 5, 2007, Senator Boxer on March
12, 2007, Senator Lieberman on April 10, 2007, and Senator
Akaka on May 9, 2007.
During the 109th Congress, the Committee held a hearing on
and approved an identical resolution, but the bill was not
brought before the full Senate. This resolution was also
approved by the Committee in the 108th Congress.
On May 10, 2007, the Committee on Indian Affairs convened a
business meeting to consider S.J. Res. 4 and other measures
that had been referred to it, and ordered the joint resolution
favorably reported.
COMMITTEE RECOMMENDATION AND TABULATION OF VOTE
On May 10, 2007, the Committee on Indian Affairs convened a
business meeting to consider S.J. Res. 4 and other measures,
and by voice vote, ordered to have the resolution favorably
reported to the full Senate with the recommendation that the
resolution do pass.
COST AND BUDGETARY CONSIDERATIONS
The following cost estimate, as provided by the
Congressional Budget Office, dated May 22, 2007, was prepared
for S.J. Res. 4:
S.J. Res. 4--A 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
S.J. Res. 4 would declare that the United States, acting
through the Congress, recognizes and acknowledges the history
of Native Peoples in the United States and would apologize to
Native Peoples on behalf of the United States. The resolution
also would apologize for instances of violence, maltreatment,
and neglect that were inflicted upon Native Peoples by U.S.
citizens. Nothing in the resolution would authorize or support
any legal claim against the federal government, nor would it
serve as a settlement of any pending claim against the federal
government. CBO estimates that enacting S.J. Res. 4 would have
no significant impact on the federal budget.
S.J. Res. 4 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Daniel Hoople.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
REGULATORY AND PAPERWORK IMPACT STATEMENT
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires that each report accompanying a bill evaluate
the regulatory and paperwork impact that would be incurred in
carrying out the bill. The resolution is not a regulatory
measure imposing Government-established standards or
significant economic responsibilities on private individuals or
businesses. No personal information would be collected.
Therefore, the Committee concludes that there would be no
impact on personal privacy and that little if any additional
paperwork would result from enactment of S.J. Res. 4.
EXECUTIVE COMMUNICATIONS
The Committee has received no communications from the
Executive Branch regarding S.J. Res. 4.
CHANGES IN EXISTING LAW
In compliance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by S.J. Res. 4.