[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    The purpose of S. 789 is to repeal eleven outdated federal 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.
---------------------------------------------------------------------------
    \1\This bill is identical to S. 343, which was passed by the 
Committee in the 115th Congress.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \2\This bill is identical to S. 2796, as amended, which was passed 
by the Committee in the 114th Congress.
---------------------------------------------------------------------------
    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.

                                  [all]