[House Report 117-606]
[From the U.S. Government Publishing Office]


117th Congress   }                                     {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                     {       117-606

======================================================================



 
REPEALING EXISTING SUBSTANDARD PROVISIONS ENCOURAGING CONCILIATION WITH 
                               TRIBES ACT

                                _______
                                

December 7, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 789]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (S. 789) to repeal certain obsolete laws relating to 
Indians, having considered the same, reports favorably thereon 
without amendment and recommends that the bill do pass.

                          Purpose of the Bill

    The purpose of S. 789 is to repeal certain obsolete laws 
relating to Indians.

                 Background and Need for Legislation\1\

---------------------------------------------------------------------------
    \1\Also see generally S. Rep. No. 117-19 (2021), https://
www.congress.gov/117/crpt/srpt19/CRPT-117srpt19.pdf.
---------------------------------------------------------------------------
    Federal Indian law has existed since the foundation of the 
United States, and it serves to govern the relationship between 
the federal government and American Indians and Alaska Natives. 
Policies that reflect the principles of federal Indian law have 
undergone many transformations throughout American history, as 
it was once the policy of the federal government to commit 
violence and forced displacement against tribal communities. 
Although the federal Indian laws of today better uphold the 
principles of tribal self-determination and sovereignty, many 
enacted laws that reflect the prior federal policy eras of 
genocide, removal, assimilation, or termination still remain in 
federal law.
    S. 789 will address this concern by repealing eleven 
outdated statutes, many of which upheld harmful policies in the 
colonial and Indian boarding school eras.

                            Committee Action

    S. 789 was introduced on March 17, 2021, by Senator Mike 
Rounds (R-SD). A House companion bill, H.R. 3158, was 
introduced on May 12, 2021, by Representative Tom O'Halleran 
(D-AZ).
    S. 789 was referred to the Senate Committee on Indian 
Affairs. On March 24, 2021, the Committee considered the bill 
and ordered it reported favorably without amendment. The 
Committee reported the bill on April 28, 2021. On May 27, 2021, 
the Senate passed the bill without amendment by voice vote.
    The House received the bill, it was referred solely to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee for Indigenous Peoples of the United States. On 
April 27, 2022, the Subcommittee held a hearing on the bill. On 
June 15, 2022, the Natural Resources Committee met to consider 
the bill. The Subcommittee was discharged by unanimous consent. 
No amendments were offered, and the bill was adopted and 
ordered favorably reported to the House of Representatives by 
unanimous consent.

                                Hearings

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee for Indigenous Peoples of the 
United States held on April 27, 2022.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, as well as clause 3(d) of rule XIII of the Rules of the 
House of Representatives, the Committee has received the 
following estimate for the bill from the Director of the 
Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 26, 2022.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
U.S. House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 789, the RESPECT 
Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jon Sperl.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    S. 789 would repeal several laws relating to Native 
Americans that were enacted in the late 19th century and early 
20th century and that, according to the Department of the 
Interior, are no longer enforced. On that basis, CBO estimates 
that enacting S. 789 would have no effect on the federal 
budget.
    On April 7, 2021, CBO transmitted a cost estimate for S. 
789, the RESPECT Act, as ordered reported by the Senate 
Committee on Indian Affairs on March 24, 2021. The two bills 
are similar, and CBO's estimates of their budgetary effects are 
the same.
    The CBO staff contact for this estimate is Jon Sperl. The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Director 
of Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to repeal certain obsolete laws 
relating to Indians.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    According to CBO, this bill contains no unfunded mandates 
as defined by the Unfunded Mandates Reform Act.

                           Existing Programs

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               Preemption of State, Local, or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

        CHAPTER TWO OF THE REVISED STATUTES OF THE UNITED STATES


 CHAPTER TWO--PERFORMANCE OF ENGAGEMENTS BETWEEN THE UNITED STATE AND 
INDIANS

           *       *       *       *       *       *       *


  [Sec. 2080.  Whenever the tribal organization of any Indian 
tribe is in actual hostility to the United States, the 
President is authorized, by proclamation, to declare all 
treaties with such tribe abrogated by such tribe if in his 
opinion the same can be done consistently with good faith and 
legal and national obligations.]

           *       *       *       *       *       *       *

  [Sec. 2087.  No annuities, or moneys, or goods, shall be paid 
or distributed to Indians while they are under the influence of 
any description of intoxicating liquor, nor while there are 
good and sufficient reasons leading the officers or agents, 
whose duty it may be to make such payments or distribution, to 
believe that there is any species of intoxicating liquor within 
convenient reach of the Indians, nor until the chiefs and head-
men of the tribe shall have pledged themselves to use all their 
influence and to make all proper exertions to prevent the 
introduction and sale of such liquor in their country.]

           *       *       *       *       *       *       *

  [Sec. 2100.  No moneys or annuities stipulated by any treaty 
with an Indian tribe for which appropriations are made shall be 
expended for, or paid, or delivered to any tribe which, since 
the next preceding payment under such treaty, has engaged in 
hostilities against the United States, or against its citizens 
peacefully or lawfully sojourning or traveling within its 
jurisdiction at the time of such hostilities; nor in such case 
shall such stipulated payments or deliveries be resumed until 
new appropriations shall have been made therefor by Congress.
  [Sec. 2101.  No delivery of goods or merchandise shall be 
made to the chiefs of any tribe, by authority of any treaty, if 
such chiefs have violated the stipulations contained in such 
treaty upon their part.]

           *       *       *       *       *       *       *

                              ----------                              


                   ACT OF MARCH 3, 1875 (CHAPTER 132)


AN ACT making appropriations for the current end contingent expenses of 
  the Indian Department, and for fulfilling treaty-stipulations with 
  various Indian tribes, for the year ending June thirtieth, eighteen 
            hundred and seventy-six, and for other purposes.



           *       *       *       *       *       *       *



                        CHEYENNES AND ARAPAHOES.

  For eighth of thirty installments provided to be expended 
under tenth article of treaty of October twenty-eighth, 
eighteen hundred and sixty seven, twenty thousand dollars.
  For purchase of clothing, as per same article, fourteen 
thousand five hundred dollars.
  For pay of physician and teacher, as per thirteenth article 
of same treaty, two thousand five hundred dollars.
  For pay of carpenter, farmer, blacksmith, miller, and 
engineer, as per same article, five thousand two hundred 
dollars.
  For transportation of goods for the Cheyennes and Arapahoes, 
five thousand dollars: Provided, That the Secretary of the 
lnterior is hereby directed to reserve from that portion of 
said annuities due, or to become due, to said Cheyenne Indians, 
the sum of two thousand fire hundred dollars for Adelaide 
German, and two thousand five hundred dollars for Julia German, 
two white children, aged five and seven years, respectively, 
who mere captured in Kansas by said Cheyenne Indians while en 
route from Georgia to Colorado, and cause the same to be placed 
to the credit of the said Adelaide and Julia German, on the 
books of the Treasury of the United States, to bear interest at 
the rate of five per centum per annum, and use from time to 
time the income from the same in such manner as he may deem 
expedient for their maintenance, education, and support, until 
they attain the age of twenty one years, when the principal and 
all unexpended interest shall be paid them; that if either said 
Adelaide German or Julia German should die without issue, the 
whole sum due the decedent shall revert to the Survivor; and 
should both die without issue, the whole sum shall revert to 
the United States; but if either said Adelaide German or Julia 
German, or both, have lawful issue, then, at the death of 
either parent, the amount due to her in her own right, or which 
she may have inherited, shall become the inheritance of her own 
issue[; that the Secretary of the Interior be authorized to 
withhold, from any tribe of Indians who may hold any captives 
other than Indians, any moneys due them from the United States 
until said captives shall be surrendered to the lawful 
authorities of the United States].

           *       *       *       *       *       *       *

  [Sec. 2.  That none of the appropriations herein made, or of 
any appropriations made for the Indian service, shall be paid 
to any band of Indians or any portion of any band while at war 
with the United States or with the white citizens of any of the 
States or Territories.
  [Sec. 3.  That for the purpose of inducing Indians to labor 
and become self-supporting, it is provided that hereafter, in 
distributing the supplies and annuities to the Indians for whom 
the same are appropriated, the agent distributing the same 
shall require all able-bodied male Indians between the ages of 
eighteen and forty-five to perform service upon the 
reservation, for the benefit of themselves or of the tribe, at 
a reasonable rate, to be fixed by the agent in charge, and to 
an amount equal in value to the supplies to be delivered; and 
the allowances provided for such Indians shall be distributed 
to them only upon condition of the performance of such labor, 
under such rules and regulations as the agent may prescribe: 
Provided, That the Secretary of the Interior may, by written 
order, except any particular tribe, or portion of tribe, from 
the operation of this provision where he deems it proper and 
expedient.]

           *       *       *       *       *       *       *

                              ----------                              


           SECTION 7 OF THE ACT OF JUNE 23, 1879 (CHAPTER 35)


AN ACT Making appropriations for the support of the Army for the fiscal 
year ending June thirtieth, eighteen hundred and eighty, and for other 
                               purposes.

  [Sec. 7.  The Secretary of War shall be authorized to detail 
an officer of the Army, not above the rank of captain, for 
special duty with reference to Indian education.]
                              ----------                              


                   ACT OF MARCH 3, 1893 (CHAPTER 209)


 AN ACT making appropriations for current and contingent expenses, and 
  fulfilling treaty stipulations with Indian tribes, for fiscal year 
        ending June thirtieth, eighteen hundred and ninety-four.



           *       *       *       *       *       *       *
                        MISCELLANEOUS SUPPORTS.

  [The Secretary of the Interior may in his discretion, 
establish such regulations as will prevent the issuing of 
rations or the furnishing of subsistence either in money or in 
kind to the head of any Indian family for on account of any 
Indian child or children between the ages of eight and twenty-
one years who shall not have attended school during the 
preceding year in accordance with such regulations. This 
provision shall not apply to reservations or part of 
reservations where sufficient school facilities have not been 
furnished nor until full notice of such regulations shall have 
been given to the Indians to be affected thereby.]

           *       *       *       *       *       *       *





                        FOR SUPPORT OF SCHOOLS.

  [Hereafter the Secretary of the Interior may in his 
discretion withhold rations, clothing and other annuities from 
Indian parents or guardians who refuse or neglect to send and 
keep their children of proper school age in some school a 
reasonable portion of the year.]

           *       *       *       *       *       *       *

                              ----------                              


           SECTION 18 OF THE ACT OF JUNE 30, 1913 (CHAPTER 4)


AN ACT Making appropriations for the current and contingent expenses of 
 the Bureau of Indian Affairs, for fulfilling treaty stipulations with 
  various Indian tribes, and for other purposes, for the fiscal year 
          ending June thirtieth, nineteen hundred and fourteen

                         five civilized tribes.

  Sec. 18. For expenses of administration of the affairs of the 
Five Civilized Tribes, Oklahoma, and the compensation of 
employees, including such attorneys as the Secretary of the 
Interior may, in his discretion employ in connection with 
probate matters affecting individual allottees of the Five 
Civilized Tribes, $250,000: Provided, That during the fiscal 
year ending June thirtieth, nineteen hundred and fourteen, no 
moneys shall be expended from the tribal funds belonging to the 
Five Civilized Tribes without specific appropriation by 
Congress, except as follows: Equalization of allotments per 
capita and other payments authorized by law to individual 
members of the respective tribes, tribal and other Indian 
schools for the current fiscal year under existing law, 
salaries and contingent expenses of governors, chiefs, 
assistant chiefs, secretaries, interpreters, and mining 
trustees of the tribes for the current fiscal year at salaries 
not exceeding those for the last fiscal year; and attorneys for 
said tribes employed under contract approved by the President, 
under existing law, for the current fiscal year: Provided 
further, That the Secretary of the Interior is hereby 
authorized to continue the tribal schools of the Choctaw and 
Chickasaw Nations for the current fiscal year.

           *       *       *       *       *       *       *

  [That hereafter the Commissioner of Indian Affairs is 
authorized in his discretion to withhold any annuities or other 
payments due to Osage Indian minors, above six years of age, 
whose parents fail, neglect, or refuse to place such minors in 
some established school for a reasonable portion of each year 
and to keep such children in regular attendance thereof. The 
Commissioner of Indian Affairs is authorized to make such rules 
and regulations as may be necessary to put this provision into 
force and effect.]

           *       *       *       *       *       *       *

                              ----------                              


                  ACT OF JUNE 21, 1906 (CHAPTER 3504)


AN ACT Making appropriations for the current and contingent expenses of 
the Indian Department, for fulfilling treaty stipulations with various 
Indian tribes, and for other purposes, for the fiscal year ending June 
                 thirtieth, nineteen hundred and seven.

                                TITLE I


GENERAL PROVISIONS.

           *       *       *       *       *       *       *



                             COMMISSIONER.

  [The Commissioner of Indian Affairs, under the direction of 
the Secretary of the Interior, is hereby authorized and 
directed to select and designate some one of the schools or 
other institution herein specifically provided for as an 
``Indian Reform School'', and to make all needful rules and 
regulations for its conduct, and the placing of Indian youth 
therein: Provided, That the appropriation for collection and 
transportation, and so forth, of pupils, and the specific 
appropriation for such school so selected shall be available 
for its support and maintenance: Provided further, That the 
consent of parents, guardians, or next of kin shall not be 
required to place Indian youth in said school.]

           *       *       *       *       *       *       *


        Supplemental, Minority, Additional, or Dissenting Views

    None.

                                  [all]