[Congressional Record Volume 155, Number 65 (Thursday, April 30, 2009)]
[Senate]
[Pages S4976-S4977]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BROWNBACK (for himself, Mr. Inouye, Mr. Baucus, Mrs. 
        Boxer, Mr. Crapo, Ms. Cantwell, Mr. Coburn, Mr. Harkin, Mr. 
        Lieberman, and Mr. Tester):
  S.J. Res. 14. A joint resolution to acknowledge a long history of 
official depredations and ill-conceived policies by the Federal 
Government regarding Indian tribes and offer an apology to all Native 
Peoples on behalf of the United States; to the Committee on Indian 
Affairs.
  Mr. BROWNBACK. Mr. President, I rise today to introduce a resolution 
that in many ways is long overdue, a resolution to officially apologize 
for the past ill-conceived policies by the US Government toward the 
Native Peoples of this land and re-affirm our commitment toward healing 
our nation's wounds and working toward establishing better 
relationships rooted in reconciliation.
  Apologies are often-times difficult, but like treaties, go beyond 
mere words and usher in a true spirit of reconciling past difficulties 
and help to pave the way toward a united future. Perhaps Dr. King said 
it best when he stated, ``The end is reconciliation, the end is 
redemption, the end is the creation of the beloved community.'' This is 
our goal, with this resolution today.
  Native Americans have a vast and proud legacy on this continent. Long 
before 1776 and the establishment of the United States of America, 
Native peoples inhabited this land and maintained a powerful physical 
and spiritual connection to it. In service to the Creator, Native 
peoples sowed the land, journeyed it, and protected it. The people from 
my State of Kansas have a similar strong attachment to the land.
  Like many in my State, I was raised on the land. I grew up farming 
and caring for the land. I and many in my State established a 
connection to this land as well. We care for our Nation and the land of 
our forefathers so greatly that we too are willing to serve and protect 
it, as faithful stewards of the creation with which God has blessed us. 
I believe without a doubt citizens across this great Nation share this 
sentiment and know its unifying power. Americans have stood side by 
side for centuries to defend this land we love.
  Both the Founding Fathers of the United States, it and the indigenous 
tribes that lived here were attached to this land. Both sought to 
steward and protect it. There were several instances of collegiality 
and cooperation between our forbears--for example, in Jamestown, VA, 
Plymouth, MA, and in aid to explorers Lewis and Clark. Yet, sadly, 
since the formation of the American Republic, numerous conflicts have 
ensued between our Government, the Federal Government, and many of 
these tribes, conflicts in which warriors on all sides fought 
courageously and which all sides suffered. Even from the earliest days 
of our Republic there existed a sentiment that honorable dealings and a 
peaceful coexistence were clearly preferable to bloodshed. Indeed, our 
predecessors in Congress in 1787 stated in the Northwest Ordinance:
  ``The utmost good faith shall always be observed toward the 
Indians.''
  Many treaties were made between the U.S. Government and Native 
peoples, but treaties are far more than just words on a page. Treaties 
represent our word, and they represent our bond. Treaties with other 
governments are not to be regarded lightly. Unfortunately, again, too 
often the United States did not uphold its responsibilities as stated 
in its covenants with Native tribes.
  I have read all of the treaties in my State between the tribes and 
the Federal Government that apply to Kansas. They generally came in 
tranches of three. First, there would be a big land grant to the tribe. 
Then there would be a much smaller one associated with some equipment 
and livestock, and then a much smaller one after that.
  Too often, our Government broke its solemn oath to Native Americans. 
For too long, relations between the U.S. and Native people of this land 
have been in disrepair. For too much of our history, Federal tribal 
relations have been marked by broken treaties, mistreatment, and 
dishonorable dealings.
  I believe it is time to work to restore these relationships to good 
health. While the record of the past cannot be and should not be 
erased, I am confident the United States can acknowledge its past 
failures, express sincere regrets, and work toward establishing a 
brighter future for all Americans. It is in this spirit of hope for our 
land that I and my Senate colleagues, Senators Inouye, Baucus, Boxer, 
Crapo, Cantwell, Coburn, Harkin, Lieberman, and Tester, are offering 
this Senate Joint Resolution, the Native American Apology Resolution. I 
am also pleased to be in partnership with Representative Dan Boren who 
is offering the companion Joint Resolution in the House of 
Representatives today as well.
  This resolution will extend a formal apology from the U.S. to tribal 
governments and Native peoples nationwide--something we have never 
done; something we should have done years and years ago.
  I am proud that this Joint Resolution, which I have introduced since 
the 107th Congress, has passed the Indian Affairs Committee unanimously 
in the 108th, 109th and 110th Congresses and passed the Senate in the 
110th Congress.
  Additionally, I want my fellow Senators to note this resolution does 
not--does not--dismiss the valiance of our American soldiers who fought 
bravely for their families in wars between the United States and a 
number of the Indian tribes, nor does this resolution cast all the 
blame for the various battles on one side or another.
  Further, this resolution will not resolve the many challenges still 
facing Native Americans, nor will it authorize, support or settle any 
claims against the United States. It doesn't have anything to do with 
any property claims against the United States. That is specifically set 
aside and not in this bill. What this resolution does do is recognize 
and honor the importance of Native Americans to this land and to the 
U.S. in the past and today and offers an official apology for the poor 
and painful path the U.S. Government sometimes made in relation to our 
Native brothers and sisters by disregarding our solemn word to Native 
peoples. It recognizes the negative impact of numerous destructive 
Federal acts and policies on Native Americans and their culture, and it 
begins--begins--the effort of reconciliation.
  President Ronald Reagan spoke of the importance of reconciliation 
many times throughout his Presidency. In a 1984 speech to mark the 40th 
anniversary of the day when the Allied armies joined in battle to free 
the European Continent from the grip of the Axis powers, Reagan 
implored the United States and Europe to ``prepare to reach out in the 
spirit of reconciliation.''
  This resolution is not a panacea of course, but perhaps it signals 
the beginning of the end of division and a faint first light and first 
fruits of reconciliation and the creation of beloved community Dr. King 
so eloquently described.
  This is a resolution of apology and a resolution of reconciliation. 
It is a step toward healing the wounds that have divided our country 
for so long--a potential foundation for a new era of positive relations 
between tribal governments and the Federal Government.
  It is time, as I have stated, for us to heal our land of division, 
all divisions, and bring us together. I hope a number

[[Page S4977]]

of my colleagues in the Senate will join me and support this resolution 
and begin a much needed healing process in this Nation.
  Mr. President, I ask that the text of the joint resolution be printed 
in the Record.
  There being no objection, the text of the joint resolution was 
ordered to be printed in the Record, as follows:

                              S.J. Res. 14

       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 
     people of European descent;
       Whereas for millennia, Native Peoples have honored, 
     protected, and stewarded this land we cherish;
       Whereas Native Peoples are spiritual people with a deep and 
     abiding belief in the Creator, and for millennia Native 
     Peoples have maintained a powerful spiritual connection to 
     this land, as evidenced by their customs and legends;
       Whereas the arrival of Europeans in North America opened a 
     new chapter in the history of 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 Native Peoples in 
     the vicinities of the settlements;
       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 in which unfortunately, both took 
     innocent lives, including those of women and children;
       Whereas the Federal Government violated many of the 
     treaties ratified by Congress and other diplomatic agreements 
     with Indian tribes;
       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 Act of May 28, 1830 (4 Stat. 
     411, chapter 148) (commonly known as the ``Indian Removal 
     Act'');
       Whereas many Native Peoples suffered and perished--
       (1) during the execution of the official Federal 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 Federal Government condemned the traditions, 
     beliefs, and customs of Native Peoples and endeavored to 
     assimilate them by such policies as the redistribution of 
     land under the Act of February 8, 1887 (25 U.S.C. 331; 24 
     Stat. 388, chapter 119) (commonly known as the ``General 
     Allotment Act''), 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 Federal 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 Federal 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, 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 Peoples 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 Federal 
     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 Native Peoples and their traditions; and
       Whereas Native Peoples are endowed by their Creator with 
     certain unalienable rights, and 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,

     SECTION 1. RESOLUTION OF APOLOGY TO NATIVE PEOPLES OF UNITED 
                   STATES.

       (a) Acknowledgment and Apology.--The United States, acting 
     through Congress--
       (1) recognizes the special legal and political relationship 
     Indian tribes have with the United States and the solemn 
     covenant with the land we share;
       (2) commends and honors 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 Federal 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; 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.
       (b) 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.

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