[Senate Report 117-19]
[From the U.S. Government Publishing Office]
Calendar No. 53
117th Congress } { Report
SENATE
1st Session } { 117-19
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TO REPEAL CERTAIN OBSOLETE LAWS RELATING TO INDIANS
_______
April 28, 2021.--Ordered to be printed
_______
Mr. Schatz, from the Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany S. 789]
[Including cost estimate of the Congressional Budget Office]
The Committee on Indian Affairs, to which 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
The purpose of S. 789 is to repeal eleven outdated federal
laws relating to Indians with the goal of reversing certain
historic wrongs committed by the United States against Indians
and Indian Tribes.
BACKGROUND
S. 789 would repeal eleven laws enacted between 1862 and
1913 relating to Indians. From the mid-1800s to the mid-1900s--
often referred to as the ``removal and reservations'' and
``allotment and assimilation'' eras of federal Indian policy--
the United States treated Tribes with hostile aggression and
overt racism. During both eras, the federal government
attempted to assimilate the Native Americans by disrupting
traditional community structures and ways of life. The federal
government also punished tribal members for engaging in
traditional cultural ceremonies and practices.
In light of modern federal Indian policy that recognizes
the unique sovereign status of Tribal governments and supports
a government-to-government relationship with the United States,
the RESPECT Act formally repeals laws that have been unenforced
for decades.
According to research conducted by the Congressional
Research Service, repealing the eleven obsolete laws would not
affect other statutes, principles of Indian law established by
the U.S. Supreme Court, treaty rights, tribal sovereignty, or
other tribal rights.
NEED FOR LEGISLATION
S. 789 repeals eleven obsolete provisions of Title XXV of
the U.S. Code that are either obsolete, unenforced, or entirely
inconsistent with the fundamental principles of self-
determination, including the recognition of government-to-
government relationships between the federal government and
Indian tribes and the unique sovereign status of Tribal
governments. Repealing these provisions will remove offensive
and immoral provisions from the U.S. Code, signal the
importance of Congress upholding the principals of self-
determination, and ensure these provisions are not misapplied
in the future.
LEGISLATIVE HISTORY
Senators Rounds, Smith, Lankford, and Sinema introduced S.
789, the RESPECT Act, on March 17, 2021. The Senate referred
the bill to the Committee on the same day. The bill, S. 789, is
identical to the version favorably reported by the Committee,
as amended, in the 116th Congress. On March 24, 2021, at a duly
called business meeting, the Committee considered and ordered
reported S. 789 favorably without amendment.
116th Congress. On July 10, 2019, Senators Rounds,
Lankford, and Sinema introduced S. 2071.\1\ The bill was
referred to the Committee on Indian Affairs. On July 17, 2019,
the Committee met at a duly called business meeting to consider
the bill. The Committee ordered the bill to be reported
favorably, without amendment. On November 21st, 2019, S. 2071
passed the Senate and was referred to the House Natural
Resources Committee, Subcommittee for the Indigenous Peoples of
the United States. No further action was taken.
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\1\This bill is identical to S. 343, which was passed by the
Committee in the 115th Congress.
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A companion bill, H.R. 3684, was introduced in the House of
Representatives on July 10, 2019 by Representatives O'Halleran,
Tom Cole, and Dusty Johnson. H.R. 3684 was referred to the
House Committee on Natural Resources on the same day. On July
12, 2019, Representative Gallego joined the bill as a co-
sponsor. On July 25, 2019, the bill was referred to the
Subcommittee for Indigenous Peoples of the United States. No
further action was taken.
115th Congress. On February 8, 2017, Senators Rounds and
Lankford introduced S. 343.\2\ On March 29, 2017, the Committee
met at a duly called business meeting to consider the bill and
ordered it reported favorable, without amendment. On November
29, 2017, the bill passed the Senate by Unanimous Consent. S.
343 was received in the House of Representatives and referred
to the House Committee on Natural Resources. No further action
was taken on the legislation. No companion bill was introduced
in the House of Representatives.
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\2\This bill is identical to S. 2796, as amended, which was passed
by the Committee in the 114th Congress.
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114th Congress. On April 13, 2016, Senator Rounds
introduced S. 2796. Senator Lankford joined the bill as a co-
sponsor on April 27, 2016. On June 29, 2016, the Committee held
a legislative hearing on S. 2796, where the Department of the
Interior testified in support of the bill. On September 14,
2016, the Committee passed S. 2796, with an amendment, and
ordered the bill to be favorably reported. No further action
was taken on S. 2796.
Amendment. Senator Barrasso offered an amendment, on behalf
of Senator Rounds, that would remove the provision striking 25
U.S.C. Sec. 276 from the bill. After consulting with the tribes
in the Great Plains, it was determined that this provision,
which authorizes the Secretary of the Army to set aside vacant
military posts or barracks to be transferred to an Indian tribe
for the use of providing education to Indian students, still
benefitted Indian tribes. One example of the current use of 25
U.S.C. Sec. 276 is the United Tribes Technical College, a
tribal college located on a former military fort near Bismarck,
North Dakota.
On September 14, 2016, Representative Noem introduced a
companion bill, H.R. 6028, in the House of Representatives.
This bill was referred to the House Committee on Natural
Resources Subcommittee on Indian, Insular, and Alaska Native
Affairs. No further action was taken on H.R. 6028.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
This section sets forth the short title of this bill as the
``Repealing Existing Substandard Provisions Encouraging
Conciliation with Tribes Act''.
Section 2. Repeal of certain obsolete laws relating to indians
Section 2 repeals:
25 U.S.C. Sec. 72, which authorizes the
President to abrogate treaties with tribes who are
hostile towards the United States.
25 U.S.C. Sec. 127, which authorizes the
withholding of treaty-stipulated payments if the tribe
acts in hostility to the United States.
25 U.S.C. Sec. 128, which mandates the
withholding of goods or payments while an Indian tribe
is at war with the United States.
25 U.S.C. Sec. 129, which authorizes the
Secretary of the Interior to withhold payments to
tribes who hold non-Indians as captives.
25 U.S.C. Sec. 130, which authorizes the
withholding of payments or goods while Indians are
under the influence of or have access to alcohol.
25 U.S.C. Sec. 137, which authorizes the
requirement that Indian males work before receiving
their treaty payments.
25 U.S.C. Sec. 138, which mandates that no
treaty payments be made if the chief has violated any
terms of the treaty.
25 U.S.C. Sec. 273, which authorizes the
Secretary of the Army to assign an army officer with
special duties related to Indian education.
25 U.S.C. Sec. 283, which authorizes the
Secretary of the Interior to withhold rations or
payments to any Indian family whose child failed to
attend school in the preceding year.
25 U.S.C. Sec. 285, which authorizes the
Secretary of the Interior to withhold payments owed to
Osage children who failed to attend school in the
preceding year.
25 U.S.C Sec. 302, which authorizes the
Secretary to the Interior to place Indian children in
school without parental consent.
COST AND BUDGETARY CONSIDERATIONS
The following cost estimate, as provided by the
Congressional Budget Office, dated April 7, 2021, was prepared
for S. 789:
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 7, 2021.
Hon. Brian Schatz,
Chairman, Committee on Indian Affairs,
U.S. Senate, 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.
The CBO staff contact for this estimate is Jon Sperl. The
estimate was reviewed by H. Samuel Papenfuss, Deputy Director
of Budget Analysis.
REGULATORY AND PAPERWORK IMPACT STATEMENT
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee believes that S. 789 will
have minimal impact on regulatory or paperwork requirements.
EXECUTIVE COMMUNICATIONS
Except as otherwise noted, the Committee has received no
communications from the Executive Branch regarding S. 789.
CHANGES IN EXISTING LAW
In accordance with Committee Rules, subsection 12 of rule
XXVI of the Standing Rules of the Senate is waived. In the
opinion of the Committee, it is necessary to dispense with
subsection 12 of rule XXVI of the Standing Rules of the Senate
to expedite the business of the Senate.
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