Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0868.01 Conrad Imel x2313
HOUSE BILL 22-1327
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING FORMER NATIVE AMERICAN BOARDING SCHOOLS IN101
C
OLORADO.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill establishes the Native American boarding school research
program in the Colorado commission of Indian affairs (commission) to
research the events, physical and emotional abuse, and deaths that
occurred at Native American boarding schools in Colorado, including the
victimization of families of youth forced to attend the boarding schools
and the intergenerational impacts of the abuse.
HOUSE SPONSORSHIP
Herod and McLachlan, Amabile, Bacon, Baisley, Benavidez, Bernett, Caraveo, Cutter,
Duran, Exum, Froelich, Gray, Hooton, Kipp, Larson, Lindsay, McCluskie, McCormick,
Mullica, Ricks, Roberts, Snyder, Sullivan, Titone, Valdez A., Will, Woodrow, Young
SENATE SPONSORSHIP
Moreno and Coram,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. The bill requires the commission to enter into an agreement with
an organization to research events, abuse, and deaths that occurred at the
Native American boarding school at Fort Lewis, which was known as the
Fort Lewis Indian school. After receiving the results of the research, the
commission shall make recommendations, which may include legislation,
necessary to better understand the abuse and victimization that occurred
at, and is related to, Native American boarding schools and to support
healing in tribal communities. The commission must make its
recommendations publicly available.
The commission shall consult with the Southern Ute Tribe and the
Ute Mountain Ute Tribe before selecting and entering into an agreement
with a research organization and before making its recommendations.
The department of human services owns and operates a regional
center on the property that was formerly the Teller institute Native
American boarding school. The bill requires the department to vacate the
property and sell all or a portion of the property, or transfer all or a
portion of the property, to a state institution of higher education, a local
government, a state agency, or a federally recognized tribe in Colorado.
The department is not permitted to sell or transfer the property until after
the identification and mapping of any graves of students buried at the
Native American boarding school that was located on the property and
until after the department develops a plan, in consultation with tribal
governments, to acknowledge the abuse and victimization of students and
families related to the operation of the school.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Beginning with the federal "Indian Civilization Act" enacted4
in 1819, the United States enacted laws and implemented policies5
establishing and supporting Native American boarding schools across the6
nation. The purpose of Native American boarding schools was to7
culturally assimilate Native children by forcibly relocating them from8
their families and communities to distant residential facilities to suppress9
the children's identities, languages, and beliefs. For over 150 years,10
hundreds of thousands of Native children were taken from their11
HB22-1327-2- communities. Over 350 Native American boarding schools existed in the1
United States. By 1926, nearly 83 percent of all Native children of school2
age were in boarding schools.3
(b) Children at these boarding schools were subjected to the loss4
of their cultural identities, physical and sexual abuse, and forced labor,5
and suffered the effects of disease due to their confinement. Many6
children disappeared or lost their lives at these schools, and their bodies7
remain today in unmarked graves on the school grounds.8
(c) The impact of the boarding schools on Native families has9
been immeasurable. Families lost their traditional language, parenting10
skills, and the ability to pass on Native culture and traditions.11
(d) The trauma from Native American boarding schools crosses12
generational boundaries and the boarding school policy resulted in13
long-standing intergenerational trauma, cycles of violence and abuse,14
disappearance of Native people, premature deaths, mental health15
disorders, and substance abuse in Native communities;16
(e) In Colorado, there were at least four Native American17
boarding schools: The Teller Indian School in Grand Junction, the18
Southern Ute Boarding School in Ignacio, a boarding school in Towaoc19
operated by the federal bureau of Indian affairs, and the original Fort20
Lewis Indian School in Hesperus, Colorado;21
(f) The Teller Institute and Fort Lewis College are currently22
operated by the state of Colorado and it is understood that Native children23
may have died at these schools and were buried on the school grounds;24
(g) In order to heal from the generational trauma, we must25
confront the past and shed light on the hidden cruelty; and26
(h) Fort Lewis College has been taking steps to recognize its place27
HB22-1327
-3- in this history and to find opportunities to raise awareness about what1
actually occurred at Native American boarding schools and to begin the2
process of healing.3
(2) The general assembly therefore declares that it is in the interest4
of the state and its citizens to better understand and acknowledge5
Colorado's history with federal Native American boarding schools and6
develop a roadmap for education and healing.7
SECTION 2. In Colorado Revised Statutes, add 24-44-109 as8
follows:9
24-44-109. Native American boarding school research10
program - recommendations - definitions - repeal. (1) A
S USED IN THIS11
SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :12
(a) "N
ATIVE AMERICAN BOARDING SCHOOL " MEANS A BOARDING13
SCHOOL FOR NATIVE AMERICAN YOUTH AUTHORIZED BY THE FEDERAL14
GOVERNMENT THAT WAS NOT LOCATED ON AN INDIAN RESERVATION.15
(b) "P
ROGRAM" MEANS THE NATIVE AMERICAN BOARDING SCHOOL16
RESEARCH PROGRAM ESTABLISHED IN THIS SECTION .17
(c) "R
ESEARCH ORGANIZATION " MEANS THE ORGANIZATION18
PERFORMING RESEARCH PURSUANT TO A CONTRACT WITH THE19
COMMISSION, AS DESCRIBED IN SUBSECTION (3) OF THIS SECTION.20
(2) T
HERE IS ESTABLISHED IN THE COMMISSION THE NATIVE21
A
MERICAN BOARDING SCHOOL RESEARCH PROGRAM TO RESEARCH AND22
MAKE RECOMMENDATIONS TO PROMOTE COLORADANS' UNDERSTANDING23
OF THE PHYSICAL AND EMOTIONAL ABUSE AND DEATHS THAT OCCURRED24
AT AND IN RELATION TO NATIVE AMERICAN BOARDING SCHOOLS IN25
C
OLORADO, INCLUDING THE VICTIMIZATION OF, AND INTERGENERATIONAL26
IMPACTS ON, FAMILIES OF THE YOUTH FORCED TO ATTEND THE BOARDING27
HB22-1327
-4- SCHOOLS.1
(3) (a) T
HE COMMISSION, FOLLOWING CONSULTATION WITH THE2
S
OUTHERN UTE TRIBE AND THE UTE MOUNTAIN UTE TRIBE, SHALL ENTER3
INTO AN AGREEMENT WITH AN ORGANIZATION TO RESEARCH THE EVENTS ,4
PHYSICAL AND EMOTIONAL ABUSE , AND DEATHS THAT OCCURRED AT THE5
N
ATIVE AMERICAN BOARDING SCHOOL AT FORT LEWIS, WHICH WAS6
KNOWN AS THE FORT LEWIS INDIAN SCHOOL, INCLUDING THE7
VICTIMIZATION OF FAMILIES OF THE YOUTH FORCED TO ATTEND THE8
SCHOOL AND THE INTERGENERATIONAL IMPACTS OF THE ABUSE . THE9
RESEARCH ORGANIZATION SHALL CONDUCT THE RESEARCH DESCRIBED IN10
SUBSECTION (3)(c) OF THIS SECTION. THE RESEARCH ORGANIZATION SHALL11
DELIVER A PRELIMINARY REPORT ON ITS RESEARCH TO THE COMMISSION12
NO LATER THAN DECEMBER 31, 2022, AND SHALL DELIVER A FINAL13
REPORT TO THE COMMISSION NO LATER THAN MARCH 31, 2023.14
(b) (I) T
HE COMMISSION SHALL CREATE A PROCESS , FOLLOWING15
CONSULTATION WITH THE SOUTHERN UTE TRIBE AND THE UTE MOUNTAIN16
U
TE TRIBE, FOR SELECTING A RESEARCH ORGANIZATION AND MAKE THAT17
PROCESS PUBLICLY AVAILABLE ON ITS WEBSITE AT LEAST TWENTY -EIGHT18
DAYS PRIOR TO THE APPLICATION DEADLINE .19
(II) I
N ORDER TO BE SELECTED AS THE RESEARCH ORGANIZATION ,20
AN ORGANIZATION MUST HAVE :21
(A) E
XPERIENCE WORKING WITH INDIGENOUS COMMUNITIES ;22
(B) A
N UNDERSTANDING OF NATIVE AMERICAN HISTORY AND23
CULTURE, INCLUDING THE BOARDING SCHOOL EXPERIENCE ;24
(C) N
ATIVE AMERICAN TEAM MEMBERS ;25
(D) A
N UNDERSTANDING OF THE IMPACT OF TRAUMA AND HOW IT26
PASSES THROUGH GENERATIONS ;27
HB22-1327
-5- (E) ONE OR MORE TEAM MEMBERS WITH EXPERIENCE AS AN1
ARCHAEOLOGIST AT NATIVE AMERICAN SITES, INCLUDING THE2
PERFORMANCE OF HISTORICAL ARCHAEOLOGICAL INVESTIGATIONS ;3
(F) O
NE OR MORE TEAM MEMBERS WITH EXPERIENCE IN FORENSIC4
ANTHROPOLOGY;5
(G) E
XPERIENCE WITH, OR MEANINGFUL UNDERSTANDING OF , THE6
FEDERAL "NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION7
A
CT", 25 U.S.C. SEC. 3001ET SEQ., OR SIMILAR LEGISLATION;8
(H) E
XPERIENCE IN THE USE OF GEOSPATIAL TECHNOLOGY ,9
GROUND PENETRATING RADAR , MAPPING, AND OTHER RESOURCES THAT10
MAY BE UTILIZED IN THE IDENTIFICATION OF UNDERGRO UND BURIAL SITES ;11
(I) E
XPERIENCE IDENTIFYING HUMAN REMAINS AND12
DISINTERMENT; AND13
(J) E
XPERIENCE INTERVIEWING VICTIMS OF TRAUMA .14
(c) T
HE RESEARCH ORGANIZATION SHALL , AT A MINIMUM:15
(I) C
ONDUCT RESEARCH NECESSARY TO MORE ACCURATELY16
ESTIMATE THE NUMBER OF DEATHS AT THE NATIVE AMERICAN BOARDING17
SCHOOL AT FORT LEWIS;18
(II) I
DENTIFY AND MAP GRAVES OF NATIVE AMERICAN STUDENTS19
BURIED AT THE NATIVE AMERICAN BOARDING SCHOOL AT FORT LEWIS20
AND OFF-CAMPUS CEMETERIES BY USING THE BEST AVAILABLE RESEARCH21
METHODS, WHICH MAY INCLUDE USING A GLOBAL POSITIONING SYSTEM , A22
GEOGRAPHIC INFORMATION SYSTEM DATABASE , AND23
GROUND-PENETRATING RADAR;24
(III) R
EVIEW EXISTING RESEARCH AND CONDUCT NEW RESEARCH25
AS NEEDED ON EXISTING RESOURCES AND MATERIALS TO REVEAL NATIVE26
A
MERICAN STUDENT VICTIMS AT THE NATIVE AMERICAN BOARDING27
HB22-1327
-6- SCHOOL AT FORT LEWIS;1
(IV) R
EVIEW WRITTEN AND RECO RDED HISTORY AND ORAL2
HISTORY DESCRIBING THE EXPERIENCES AND TRAUMA OF STUDENTS3
ATTENDING THE NATIVE AMERICAN BOARDING SCHOOL AT FORT LEWIS4
AND THEIR FAMILIES; AND5
(V) I
NTERVIEW THOSE WITH KNOWLEDGE OF THE EXPERIENCES6
AND TRAUMA EXPERIENCED BY NATIVE AMERICAN STUDENTS ATTENDING7
THE NATIVE AMERICAN BOARDING SCHOOL AT FORT LEWIS AND THE8
EXPERIENCES, INCLUDING INTERGENERATIONAL TRAUMA , OF THE9
STUDENTS' FAMILIES AND DESCENDANTS.10
(4) (a) N
O LATER THAN JUNE 1, 2023, AND AFTER CONSIDERATION11
OF THE RESEARCH PERFORMED BY THE RESEARCH ORGANIZATION AND ANY12
INPUT PROVIDED BY FORT LEWIS COLLEGE, THE COMMISSION SHALL, IN13
CONSULTATION WITH THE SOUTHERN UTE TRIBE AND THE UTE MOUNTAIN14
U
TE TRIBE, MAKE RECOMMENDATIONS NECESSARY TO B ETTER15
UNDERSTAND THE ABUSE THAT OCCURRED AT , AND IS RELATED TO,16
N
ATIVE AMERICAN BOARDING SCHOOLS AND TO SUPPORT TRIBAL17
MEMBERS HEALING FROM THE EFFECTS OF THE ABUSE . THE COMMISSION18
MAY RECOMMEND NECESSARY IMMEDIATE ACTION AND SET LONG -TERM19
GOALS AND ANY LEGISLATION NECESSARY TO IMPLEMENT ANY OF ITS20
RECOMMENDATIONS . THE RECOMMENDATIONS MAY INCLUDE :21
(I) A
PROCESS FOR REPATRIATION OF ANY IDENTIFIED NATIVE22
A
MERICAN REMAINS IN A CULTURALLY APPROPRIATE MANNER , AS23
DETERMINED FOLLOWING CONSULTATION WITH FEDERALLY RECOGNIZED24
I
NDIAN TRIBES, CONSISTENT WITH THE PROCESS DESCRIBED IN SECTION25
24-80-1302
(4) FOR DISINTERMENT FOLLOWING THE DISCOVERY OF26
N
ATIVE AMERICAN HUMAN REMAINS ;27
HB22-1327
-7- (II) A PLAN TO PROVIDE SUPPORT AND SERVICES TO TRIBAL1
MEMBERS TO HEAL FROM THE INTERGENERATIONAL IMPACTS OF NATIVE2
A
MERICAN BOARDING SCHOOLS AND THE RELATED SEPARATION OF3
FAMILIES;4
(III) E
DUCATION PROGRAMS TO MAKE THE PUBLIC AWARE OF5
INFORMATION LEARNED FROM THE RESEARCH CONDUCTED AS PART OF THE6
PROGRAM AND TO TEACH STUDENTS ABOUT THE HISTORY OF NATIVE7
A
MERICAN BOARDING SCHOOLS IN COLORADO;8
(IV) T
RANSFERRING BURIAL SITES TO TRIBAL OWNERSHIP AND9
MANAGEMENT BY THE SOUTHERN UTE TRIBE OR THE UTE MOUNTAIN UTE10
T
RIBE;11
(V) A
LLOWING TRIBAL BLESSINGS TO OCCUR AT THE SITES OF12
N
ATIVE AMERICAN BOARDING SCHOOLS AND BURIAL SITES ; AND13
(VI) A
NY ADDITIONAL POLICIES TO SUPPORT HEALING IN TRIBAL14
COMMUNITIES AND TO FURTHER DETERMINE THE EXTENT OF ,15
ACKNOWLEDGE, AND EDUCATE COLORADANS ABOUT, THE ABUSE AND16
VICTIMIZATION OF STUDENTS AND FAMILIES RELATED TO THE OPERATION17
OF NATIVE AMERICAN BOARDING SCHOOLS .18
(b) P
RIOR TO MAKING ITS RECOMMENDATIONS , IN ADDITION TO THE19
CONSULTATION WITH THE SOUTHERN UTE TRIBE AND THE UTE MOUNTAIN20
U
TE TRIBE, THE COMMISSION MAY CONSULT WITH ANY OTHER FEDERALLY21
RECOGNIZED TRIBE WHOSE CHILDREN MAY HAVE ATTENDED A NATIVE22
A
MERICAN BOARDING SCHOOL IN COLORADO.23
(c) T
HE COMMISSION SHALL MAKE A SUMMARY OF THE RESEARCH24
ORGANIZATION'S FINDINGS AND THE COMMISSION'S RECOMMENDATIONS25
PUBLICLY AVAILABLE ON ITS WEBSITE AND SHALL DELIVER A WRITTEN26
COPY OF THE SUMMARY OF THE FINDINGS AND RECOMME NDATIONS TO THE27
HB22-1327
-8- HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE AND THE SENATE1
JUDICIARY COMMITTEE, OR THEIR SUCCESSOR COMMITTEES , THE JOINT2
BUDGET COMMITTEE OF THE GENERAL ASSEMBLY , THE GOVERNOR'S3
OFFICE, ANY STATE AGENCY THAT IS THE SUBJECT OF A4
RECOMMENDATION , THE SOUTHERN UTE TRIBE, THE UTE MOUNTAIN UTE5
T
RIBE, AND THE BOARD OF TRUSTEES FOR FORT LEWIS COLLEGE.6
(5) T
HIS SECTION IS REPEALED, EFFECTIVE JUNE 30, 2023.7
SECTION 3. In Colorado Revised Statutes, add 27-10.5-314 as8
follows:9
27-10.5-314. Former Teller institute property. (1) E
XCEPT AS10
DESCRIBED IN SUBSECTION (2) OF THIS SECTION, AS SOON AS EACH PERSON11
WHO WAS RECEIVING SERVICES ON THE EFFECTIVE DATE OF THIS SECTION12
AT THE FORMER TELLER INSTITUTE NATIVE AMERICAN BOARDING SCHOOL13
PROPERTY, NOW OWNED BY THE DEPARTMENT AND OPERATED AS A14
REGIONAL CENTER, IS TRANSITIONED TO A RESIDENCE OTHER THAN A15
RESIDENCE AT THE REGIONAL CENTER , THE DEPARTMENT SHALL VACATE16
THE PROPERTY AND SHALL SELL ALL OR A PORTION OF THE PROPERTY , OR17
TRANSFER ALL OR A PORTION OF THE PROPERTY , TO A STATE INSTITUTION18
OF HIGHER EDUCATION, A LOCAL GOVERNMENT, A STATE AGENCY, OR A19
FEDERALLY RECOGNIZED TRIBE IN COLORADO THAT IS IMPACTED BY THE20
OPERATION OF THE TELLER INSTITUTE.21
(2) T
HE DEPARTMENT SHALL NOT SELL OR TRANSFER THE22
PROPERTY, OR ANY PORTION OF THE PROPERTY , UNTIL AFTER THE23
IDENTIFICATION AND MAPPING OF ANY GRAVES OF NATIVE AMERICAN24
STUDENTS BURIED AT THE NATIVE AMERICAN BOARDING SCHOOL THAT25
WAS LOCATED ON THE PROPERTY AND UNTIL AFTER THE DEPARTMENT , IN26
CONSULTATION WITH TRIBAL GOVERNMENTS , DEVELOPS A PLAN TO27
HB22-1327
-9- ACKNOWLEDGE THE ABUSE AND VICTIMIZATION OF STUDENTS AND1
FAMILIES RELATED TO THE OPERATION OF THE NATIVE AMERICAN2
BOARDING SCHOOL LOCATED ON THE PROPERTY .3
SECTION 4. Safety clause. The general assembly hereby finds,4
determines, and declares that this act is necessary for the immediate5
preservation of the public peace, health, or safety.6
HB22-1327
-10-