Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 22-0868.01 Conrad Imel x2313
HOUSE BILL 22-1327
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
Appropriations
A BILL FOR AN ACT
C
ONCERNING FORMER NATIVE AMERICAN BOARDING SCHOOLS IN101
COLORADO, AND, IN CONNECTION THEREWITH, MAKING AN102
APPROPRIATION.103
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
HOUSE
3rd Reading Unamended
April 28, 2022
HOUSE
Amended 2nd Reading
April 27, 2022
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, Bird,
Boesenecker, Esgar, Gonzales-Gutierrez, Jodeh, Kennedy, Lontine, Michaelson Jenet, Ortiz,
Sirota, Valdez D., Weissman
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. and the intergenerational impacts of the abuse.
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
federal Indian boarding schools across the6
nation. The purpose of federal Indian boarding schools was to culturally7
assimilate Native children by forcibly relocating them from their families8
and communities to distant residential facilities to suppress the children's9
identities, languages, and beliefs. For over 150 years, hundreds of10
thousands of Native children were taken from their communities. Over11
1327-2- 350 federal Indian boarding schools existed in the United States. By1
1926, nearly 83 percent of all Native children of school age were in2
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 federal Indian 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 federal Indian boarding17
schools: The Teller Indian School in Grand Junction, the Southern Ute18
Boarding School in Ignacio, a boarding school in Towaoc operated by the19
federal bureau of Indian affairs, and the original Fort Lewis Indian School20
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
1327
-3- in this history and to find opportunities to raise awareness about what1
actually occurred at federal Indian 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 Indian boarding schools and develop a6
roadmap for education and healing.7
SECTION 2. In Colorado Revised Statutes, add 24-80-215 as8
follows:9
24-80-215. Federal Indian boarding school research program10
- recommendations - definitions - repeal. (1) A
S USED IN THIS SECTION,11
UNLESS THE CONTEXT OTHERWISE REQUIRES :12
(a)
"FEDERAL INDIAN 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
FEDERAL INDIAN BOARDING SCHOOL16
RESEARCH PROGRAM ESTABLISHED IN THIS SECTION .17
18
(2) (a) THERE IS ESTABLISHED IN THE STATE HISTORICAL SOCIETY19
THE FEDERAL INDIAN BOARDING SCHOOL RESEARCH PROGRAM TO20
RESEARCH AND MAKE RECOMMENDATIONS TO PROMOTE COLORADANS'21
UNDERSTANDING OF THE PHYSICAL AND EMOTIONAL ABUSE AND DEATHS22
THAT OCCURRED AT AND IN RELATION TO FEDERAL INDIAN BOARDING23
SCHOOLS IN COLORADO, INCLUDING THE VICTIMIZATION OF , AND24
INTERGENERATIONAL IMPACTS ON , FAMILIES OF THE YOUTH FORCED TO25
ATTEND THE BOARDING SCHOOLS .26
(b) IN ADDITION TO THE CONSULTATION WITH THE SOUTHERN UTE27
1327
-4- TRIBE AND THE UTE MOUNTAIN UTE TRIBE DESCRIBED IN THIS SECTION,1
THE SOCIETY SHALL CONSULT WITH THE COLORADO COMMISSION OF2
INDIAN AFFAIRS, ESTABLISHED PURSUANT TO SECTION 24-44-102, AND3
MAY CONSULT WITH ANY OTHER FEDERALLY RECOGNIZED INDIAN TRIBE.4
(3) (a) AS PART OF THE PROGRAM, THE STATE HISTORICAL SOCIETY5
SHALL RESEARCH THE EVENTS, PHYSICAL AND EMOTIONAL ABUSE , AND6
DEATHS THAT OCCURRED AT THE FEDERAL INDIAN BOARDING SCHOOL AT7
F
ORT LEWIS, WHICH WAS KNOWN AS THE FORT LEWIS INDIAN SCHOOL,8
INCLUDING THE VICTIMIZATION OF FAMILIES OF THE YOUTH FORCED TO9
ATTEND THE SCHOOL AND THE INTERGENERATIONAL IMPACTS OF THE10
ABUSE. THE
SOCIETY SHALL CONDUCT THE RESEARCH DESCRIBED IN11
SUBSECTION (3)(c) OF THIS SECTION; PROVIDE THE COMMISSION, THE12
SOUTHERN UTE TRIBE, AND THE UTE MOUNTAIN UTE TRIBE WITH13
PERIODIC UPDATES ABOUT ITS RESEARCH; AND SHALL DELIVER A FINAL14
REPORT TO THE COMMISSION, THE SOUTHERN UTE TRIBE, AND THE UTE15
MOUNTAIN UTE TRIBE NO LATER THAN JUNE 30, 2023.16
(b) (I) THE STATE HISTORICAL SOCIETY MAY ENTER INTO AN17
AGREEMENT WITH A THIRD-PARTY RESEARCH ENTITY TO CONDUCT PARTS18
OF THE RESEARCH DESCRIBED IN THIS SUBSECTION (3).19
(II) IN DETERMINING WHETHER TO ENTER INTO AN AGREEMENT20
WITH A THIRD-PARTY RESEARCH ENTITY AND SELECTING A THIRD-PARTY21
RESEARCH ENTITY, THE SOCIETY SHALL ENSURE THAT THE SOCIETY AND22
ANY OTHER PARTY PERFORMING RESEARCH COLLECTIVELY HAVE :23
(A) E
XPERIENCE WORKING WITH INDIGENOUS COMMUNITIES ;24
(B) A
N UNDERSTANDING OF NATIVE AMERICAN HISTORY AND25
CULTURE, INCLUDING THE BOARDING SCHOOL EXPERIENCE ;26
(C) N
ATIVE AMERICAN TEAM MEMBERS ;27
1327
-5- (D) AN UNDERSTANDING OF THE IMPACT OF TRAUMA AND HOW IT1
PASSES THROUGH GENERATIONS ;2
(E) O
NE OR MORE TEAM MEMBERS WITH EXPERIENCE AS AN3
ARCHAEOLOGIST AT NATIVE AMERICAN SITES, INCLUDING THE4
PERFORMANCE OF HISTORICAL ARCHAEOLOGICAL INVESTIGATIONS ;5
(F) O
NE OR MORE TEAM MEMBERS WITH EXPERIENCE IN FORENSIC6
ANTHROPOLOGY;7
(G) E
XPERIENCE WITH, OR MEANINGFUL UNDERSTANDING OF , THE8
FEDERAL "NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION9
A
CT", 25 U.S.C. SEC. 3001ET SEQ., OR SIMILAR LEGISLATION;10
(H) E
XPERIENCE IN THE USE OF GEOSPATIAL TECHNOLOGY ,11
GROUND PENETRATING RADAR , MAPPING, AND OTHER RESOURCES THAT12
MAY BE UTILIZED IN THE IDENTIFICATION OF UNDERGROUND BURIAL SITES ;13
(I) E
XPERIENCE IDENTIFYING HUMAN REMAINS AND14
DISINTERMENT; AND15
(J) E
XPERIENCE INTERVIEWING VICTIMS OF TRAUMA .16
(c) T
HE
SOCIETY SHALL, AT A MINIMUM:17
(I) C
ONDUCT RESEARCH NECESSARY TO MORE ACCURATELY18
ESTIMATE THE NUMBER OF DEATHS AT THE
FEDERAL INDIAN BOARDING19
SCHOOL AT FORT LEWIS;20
(II) I
DENTIFY AND MAP GRAVES OF NATIVE AMERICAN STUDENTS21
BURIED AT THE
FEDERAL INDIAN BOARDING SCHOOL AT FORT LEWIS AND22
OFF-CAMPUS CEMETERIES BY USING RESEARCH METHODS DETERMINED23
DURING CONSULTATION WITH THE SOUTHERN UTE TRIBE AND THE UTE24
MOUNTAIN UTE TRIBE;25
(III) R
EVIEW EXISTING RESEARCH AND CONDUCT NEW RESEARCH26
AS NEEDED ON EXISTING RESOURCES AND MATERIALS TO REVEAL NATIVE27
1327
-6- AMERICAN STUDENT VICTIMS AT THE FEDERAL INDIAN BOARDING SCHOOL1
AT FORT LEWIS;2
(IV) R
EVIEW WRITTEN AND RECO RDED HISTORY AND ORAL3
HISTORY DESCRIBING THE EXPERIENCES AND TRAUMA OF STUDENTS4
ATTENDING THE
FEDERAL INDIAN BOARDING SCHOOL AT FORT LEWIS AND5
THEIR FAMILIES; AND6
(V) I
NTERVIEW THOSE WITH KNOWLEDGE OF THE EXPERIENCES7
AND TRAUMA EXPERIENCED BY NATIVE AMERICAN STUDENTS ATTENDING8
THE
FEDERAL INDIAN BOARDING SCHOOL AT FORT LEWIS AND THE9
EXPERIENCES, INCLUDING INTERGENERATIONAL TRAUMA , OF THE10
STUDENTS' FAMILIES AND DESCENDANTS.11
(4) (a) AFTER THE STATE HISTORICAL SOCIETY DELIVERS THE FINAL12
REPORT ON ITS RESEARCH, IT SHALL FACILITATE CONSULTATION WITH THE13
COMMISSION, THE SOUTHERN UTE TRIBE, AND THE UTE MOUNTAIN UTE14
TRIBE TO DEVELOP RECOMMENDATIONS NECESSARY TO BETTER15
UNDERSTAND THE ABUSE THAT OCCURRED AT , AND IS RELATED TO,16
FEDERAL INDIAN BOARDING SCHOOLS AND TO SUPPORT TRIBAL MEMBERS17
HEALING FROM THE EFFECTS OF THE ABUSE . IN DEVELOPING18
RECOMMENDATIONS , THE PARTIES SHALL CONSIDER INCLUDING19
RECOMMENDATIONS FOR NECESSARY IMMEDIATE ACTION, LONG-TERM20
GOALS, AND ANY LEGISLATION NECESSARY TO IMPLEMENT ANY OF ITS21
RECOMMENDATIONS . THE RECOMMENDATIONS MAY INCLUDE :22
(I) A
PROCESS FOR REPATRIATION OF ANY IDENTIFIED NATIVE23
A
MERICAN REMAINS IN A CULTURALLY APPROPRIATE MANNER , AS24
DETERMINED FOLLOWING CONSULTATION WITH FEDERALLY RECOGNIZED25
INDIAN TRIBES;26
(II) A
PLAN TO PROVIDE SUPPORT AND SERVICES TO TRIBAL27
1327
-7- MEMBERS TO HEAL FROM THE INTERGENERATIONAL IMPACTS OF FEDERAL1
INDIAN BOARDING SCHOOLS AND THE RELATED SEPARATION OF FAMILIES ;2
(III) E
DUCATION PROGRAMS TO MAKE THE PUBLIC AWARE OF3
INFORMATION LEARNED FROM THE RESEARCH CONDUCTED AS PART OF THE4
PROGRAM AND TO TEACH STUDENTS ABOUT THE HISTORY OF
FEDERAL5
INDIAN BOARDING SCHOOLS IN COLORADO;6
(IV) A PROCESS FOR TRANSFERRING BURIAL SITES TO TRIBAL7
OWNERSHIP;8
(V) A
LLOWING TRIBAL BLESSINGS TO OCCUR AT THE SITES OF9 FEDERAL INDIAN BOARDING SCHOOLS AND BURIAL SITES ; AND10
(VI) A
NY ADDITIONAL POLICIES TO SUPPORT HEALING IN TRIBAL11
COMMUNITIES AND TO FURTHER DETERMINE THE EXTENT OF ,12
ACKNOWLEDGE, AND EDUCATE COLORADANS ABOUT , THE ABUSE AND13
VICTIMIZATION OF STUDENTS AND FAMILIES RELATED TO THE OPERATION14
OF
FEDERAL INDIAN BOARDING SCHOOLS .15
(b) IN DEVELOPING THE RECOMMENDATIONS , THE SOCIETY,16
COMMISSION, THE SOUTHERN UTE TRIBE, AND UTE MOUNTAIN UTE TRIBE17
MAY CONSULT WITH ANY OTHER FEDERALLY RECOGNIZED TRIBE WHOSE18
CHILDREN MAY HAVE ATTENDED A FEDERAL INDIAN BOARDING SCHOOL IN19
C
OLORADO.20(c) ON OR BEFORE SEPTEMBER 1, 2023, THE SOCIETY SHALL MAKE21
THE RECOMMENDATIONS AND A SUMMARY OF THE SOCIETY'S RESEARCH22
PUBLICLY AVAILABLE ON THE SOCIETY'S WEBSITE AND SHALL DELIVER A23
WRITTEN COPY OF THE RECOMMENDATIONS AND SUMMARY OF RESEARCH24
TO THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE AND THE25
SENATE JUDICIARY COMMITTEE , OR THEIR SUCCESSOR COMMITTEES , THE26
JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY , THE GOVERNOR'S27
1327
-8- OFFICE, ANY STATE AGENCY THAT IS THE SUBJECT OF A1
RECOMMENDATION , THE SOUTHERN UTE TRIBE, THE UTE MOUNTAIN UTE2
T
RIBE, AND THE BOARD OF TRUSTEES FOR FORT LEWIS COLLEGE.3
(5) T
HIS SECTION IS REPEALED, EFFECTIVE
DECEMBER 31, 2023.4
SECTION 3. In Colorado Revised Statutes, add 27-10.5-314 as5
follows:6
27-10.5-314. Former Teller institute property. (1) E
XCEPT AS7
DESCRIBED IN SUBSECTION (2) OF THIS SECTION, AS SOON AS EACH PERSON8
WHO WAS RECEIVING SERVICES ON THE EFFECTIVE DATE OF THIS SECTION9
AT THE FORMER TELLER INSTITUTE
FEDERAL INDIAN BOARDING SCHOOL10
PROPERTY, NOW OWNED BY THE DEPARTMENT AND OPERATED AS A11
REGIONAL CENTER, IS TRANSITIONED TO A RESIDENCE OTHER THAN A12
RESIDENCE AT THE REGIONAL CENTER , THE DEPARTMENT SHALL VACATE13
THE PROPERTY AND SHALL SELL ALL OR A PORTION OF THE PROPERTY , OR14
TRANSFER ALL OR A PORTION OF THE PROPERTY , TO A STATE INSTITUTION15
OF HIGHER EDUCATION, A LOCAL GOVERNMENT, A STATE AGENCY, OR A16
FEDERALLY RECOGNIZED TRIBE IN COLORADO THAT IS IMPACTED BY THE17
OPERATION OF THE TELLER INSTITUTE.18
(2) T
HE DEPARTMENT SHALL NOT SELL OR TRANSFER THE19
PROPERTY, OR ANY PORTION OF THE PROPERTY , UNTIL AFTER THE20
IDENTIFICATION AND MAPPING OF ANY GRAVES OF NATIVE AMERICAN21
STUDENTS BURIED AT THE
FEDERAL INDIAN BOARDING SCHOOL THAT WAS22
LOCATED ON THE PROPERTY AND UNTIL AFTER THE DEPARTMENT , IN23
CONSULTATION WITH TRIBAL GOVERNMENTS , DEVELOPS A PLAN TO24
ACKNOWLEDGE THE ABUSE AND VICTIMIZATION OF STUDENTS AND25
FAMILIES RELATED TO THE OPERATION OF THE FEDERAL INDIAN BOARDING26
SCHOOL LOCATED ON THE PROPERTY .27
1327
-9- SECTION 4. Appropriation. For the 2022-23 state fiscal year,1
$618,611 is appropriated to the department of higher education for use by 2
history Colorado. This appropriation is from the general fund and is based3
on an assumption that history Colorado will require an additional 1.04
FTE. To implement this act, history Colorado may use this appropriation5
for native American boarding school research program.6
SECTION 5. Safety clause. The general assembly hereby finds,7
determines, and declares that this act is necessary for the immediate8
preservation of the public peace, health, or safety.9
1327
-10-