[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.

                                  
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