HOUSE BILL 22-1327
BY REPRESENTATIVE(S) 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;
also SENATOR(S) Moreno and Coram, Buckner, Coleman, Danielson,
Donovan, Fields, Ginal, Gonzales, Hinrichsen, Jaquez Lewis, Kolker, Lee,
Pettersen, Rodriguez, Simpson, Story, Winter, Zenzinger, Fenberg.
C
ONCERNING FORMER NATIVE AMERICAN BOARDING SCHOOLS IN
COLORADO, AND, IN CONNECTION THEREWITH , MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) Beginning with the federal "Indian Civilization Act" enacted in
1819, the United States enacted laws and implemented policies establishing
and supporting federal Indian boarding schools across the nation. The
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. purpose of federal Indian boarding schools was to culturally assimilate
Native children by forcibly relocating them from their families and
communities to distant residential facilities to suppress the children's
identities, languages, and beliefs. For over 150 years, hundreds of thousands
of Native children were taken from their communities. Over 350 federal
Indian boarding schools existed in the United States. By 1926, nearly 83
percent of all Native children of school age were in boarding schools.
(b) Children at these boarding schools were subjected to the loss of
their cultural identities, physical and sexual abuse, and forced labor, and
suffered the effects of disease due to their confinement. Many children
disappeared or lost their lives at these schools, and their bodies remain
today in unmarked graves on the school grounds.
(c) The impact of the boarding schools on Native families has been
immeasurable. Families lost their traditional language, parenting skills, and
the ability to pass on Native culture and traditions.
(d) The trauma from federal Indian boarding schools crosses
generational boundaries and the boarding school policy resulted in
long-standing intergenerational trauma, cycles of violence and abuse,
disappearance of Native people, premature deaths, mental health disorders,
and substance abuse in Native communities;
(e) In Colorado, there were at least four federal Indian boarding
schools: The Teller Indian School in Grand Junction, the Southern Ute
Boarding School in Ignacio, a boarding school in Towaoc operated by the
federal bureau of Indian affairs, and the original Fort Lewis Indian School
in Hesperus, Colorado;
(f) The Teller Institute and Fort Lewis College are currently
operated by the state of Colorado and it is understood that Native children
may have died at these schools and were buried on the school grounds;
(g) In order to heal from the generational trauma, we must confront
the past and shed light on the hidden cruelty; and
(h) Fort Lewis College has been taking steps to recognize its place
in this history and to find opportunities to raise awareness about what
actually occurred at federal Indian boarding schools and to begin the
PAGE 2-HOUSE BILL 22-1327 process of healing.
(2) The general assembly therefore declares that it is in the interest
of the state and its citizens to better understand and acknowledge Colorado's
history with federal Indian boarding schools and develop a roadmap for
education and healing.
SECTION 2. In Colorado Revised Statutes, add 24-80-216 as
follows:
24-80-216. Federal Indian boarding school research program -
recommendations - definitions - repeal. (1) A
S USED IN THIS SECTION,
UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "F
EDERAL INDIAN BOARDING SCHOOL " MEANS A BOARDING
SCHOOL FOR
NATIVE AMERICAN YOUTH AUTHORIZED BY THE FEDERAL
GOVERNMENT THAT WAS NOT LOCATED ON AN
INDIAN RESERVATION.
(b) "P
ROGRAM" MEANS THE FEDERAL INDIAN BOARDING SCHOOL
RESEARCH PROGRAM ESTABLISHED IN THIS SECTION
.
(2) (a) T
HERE IS ESTABLISHED IN THE STATE HISTORICAL SOCIETY
THE FEDERAL
INDIAN BOARDING SCHOOL RESEARCH PROGRAM TO RESEARCH
AND MAKE RECOMMENDATIONS TO PROMOTE
COLORADANS'
UNDERSTANDING OF THE PHYSICAL AND EMOTIONAL ABUSE AND DEATHS
THAT OCCURRED AT AND IN RELATION TO FEDERAL
INDIAN BOARDING
SCHOOLS IN
COLORADO, INCLUDING THE VICTIMIZATION OF , AND
INTERGENERATIONAL IMPACTS ON
, FAMILIES OF THE YOUTH FORCED TO
ATTEND THE BOARDING SCHOOLS
.
(b) I
N ADDITION TO THE CONSULTATION WITH THE SOUTHERN UTE
TRIBE AND THE UTE MOUNTAIN UTE TRIBE DESCRIBED IN THIS SECTION, THE
SOCIETY SHALL CONSULT WITH THE
COLORADO COMMISSION OF INDIAN
AFFAIRS
, ESTABLISHED PURSUANT TO SECTION 24-44-102, AND MAY
CONSULT WITH ANY OTHER FEDERALLY RECOGNIZED
INDIAN TRIBE.
(3) (a) A
S PART OF THE PROGRAM, THE STATE HISTORICAL SOCIETY
SHALL RESEARCH THE EVENTS
, PHYSICAL AND EMOTIONAL ABUSE , AND
DEATHS THAT OCCURRED AT THE FEDERAL
INDIAN BOARDING SCHOOL AT
FORT LEWIS, WHICH WAS KNOWN AS THE FORT LEWIS INDIAN SCHOOL,
PAGE 3-HOUSE BILL 22-1327 INCLUDING THE VICTIMIZATION OF FAMILIES OF THE YOUTH FORCED TO
ATTEND THE SCHOOL AND THE INTERGENERATI ONAL IMPACTS OF THE ABUSE
.
T
HE SOCIETY SHALL CONDUCT THE RESEARCH DESCRIBED IN SUBSECTION
(3)(c) OF THIS SECTION; PROVIDE THE COMMISSION, THE SOUTHERN UTE
TRIBE, AND THE UTE MOUNTAIN UTE TRIBE WITH PERIODIC UPDATES ABOUT
ITS RESEARCH
; AND SHALL DELIVER A FINAL REPORT TO THE COMMISSION ,
THE SOUTHERN UTE TRIBE, AND THE UTE MOUNTAIN UTE TRIBE NO LATER
THAN
JUNE 30, 2023.
(b) (I) T
HE STATE HISTORICAL SOCIETY MAY ENTER INTO AN
AGREEMENT WITH A THIRD
-PARTY RESEARCH ENTITY TO CONDUCT PARTS OF
THE RESEARCH DESCRIBED IN THIS SUBSECTION
(3).
(II) I
N DETERMINING WHETHER TO ENTER INTO AN AGREEMENT WITH
A THIRD
-PARTY RESEARCH ENTITY AND SELECTING A THIRD -PARTY
RESEARCH ENTITY
, THE SOCIETY SHALL ENSURE THAT THE SOCIETY AND ANY
OTHER PARTY PERFORMING RESEARCH COLLECTIVELY HAVE
:
(A) E
XPERIENCE WORKING WITH INDIGENOUS COMMUNITIES ;
(B) A
N UNDERSTANDING OF NATIVE AMERICAN HISTORY AND
CULTURE
, INCLUDING THE BOARDING SCHOOL EXPERIENCE ;
(C) N
ATIVE AMERICAN TEAM MEMBERS ;
(D) A
N UNDERSTANDING OF THE IMPACT OF TRAUMA AND HOW IT
PASSES THROUGH GENERATIONS
;
(E) O
NE OR MORE TEAM MEMBERS WITH EXPERIENCE AS AN
ARCHAEOLOGIST AT
NATIVE AMERICAN SITES, INCLUDING THE
PERFORMANCE OF HISTORICAL ARCHAEOLOGICAL INVESTIGATIONS
;
(F) O
NE OR MORE TEAM MEMBERS WITH EXPERIENCE IN FORENSIC
ANTHROPOLOGY
;
(G) E
XPERIENCE WITH, OR MEANINGFUL UNDERSTANDING OF , THE
FEDERAL
"NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION
ACT", 25 U.S.C. SEC. 3001ET SEQ., OR SIMILAR LEGISLATION;
(H) E
XPERIENCE IN THE USE OF GEOSPATIAL TECHNOLOGY , GROUND
PAGE 4-HOUSE BILL 22-1327 PENETRATING RADAR, MAPPING, AND OTHER RESOURCES THAT MAY BE
UTILIZED IN THE IDENTIFICATION OF UNDERGROUND BURIAL SITES
;
(I) E
XPERIENCE IDENTIFYING HUMAN REMAINS AND DISINTERMENT ;
AND
(J) EXPERIENCE INTERVIEWING VICTIMS OF TRAUMA .
(c) T
HE SOCIETY SHALL, AT A MINIMUM:
(I) C
ONDUCT RESEARCH NECESSARY TO MORE ACCURATELY
ESTIMATE THE NUMBER OF DEATHS AT THE FEDERAL
INDIAN BOARDING
SCHOOL AT
FORT LEWIS;
(II) I
DENTIFY AND MAP GRAVES OF NATIVE AMERICAN STUDENTS
BURIED AT THE FEDERAL
INDIAN BOARDING SCHOOL AT FORT LEWIS AND
OFF
-CAMPUS CEMETERIES BY USING RESEARCH METHODS DETERMINED
DURING CONSULTATION WITH THE
SOUTHERN UTE TRIBE AND THE UTE
MOUNTAIN UTE TRIBE;
(III) R
EVIEW EXISTING RESEARCH AND CONDUCT NEW RESEARCH AS
NEEDED ON EXISTING RESOURCES AND MATERIALS TO REVEAL
NATIVE
AMERICAN STUDENT VICTIMS AT THE FEDERAL INDIAN BOARDING SCHOOL
AT
FORT LEWIS;
(IV) R
EVIEW WRITTEN AND RECORDED HISTORY AND ORAL HISTORY
DESCRIBING THE EXPERIENCES AND TR AUMA OF STUDENTS ATTENDING THE
FEDERAL
INDIAN BOARDING SCHOOL AT FORT LEWIS AND THEIR FAMILIES;
AND
(V) INTERVIEW THOSE WITH KNOWLEDGE OF THE EXPERIENCES AND
TRAUMA EXPERIENCED BY
NATIVE AMERICAN STUDENTS ATTENDING THE
FEDERAL
INDIAN BOARDING SCHOOL AT FORT LEWIS AND THE EXPERIENCES,
INCLUDING INTERGENERATIONAL TRAUMA , OF THE STUDENTS' FAMILIES AND
DESCENDANTS
.
(4) (a) A
FTER THE STATE HISTORICAL SOCIETY DELIVERS THE FINAL
REPORT ON ITS RESEARCH
, IT SHALL FACILITATE CONSULTATION WITH THE
COMMISSION
, THE SOUTHERN UTE TRIBE, AND THE UTE MOUNTAIN UTE
TRIBE TO DEVELOP RECOMMENDATIONS NECESSARY TO BETTER
PAGE 5-HOUSE BILL 22-1327 UNDERSTAND THE ABUSE THAT OCCURRED AT , AND IS RELATED TO, FEDERAL
INDIAN BOARDING SCHOOLS AND TO SUPPORT TRIBAL MEMBERS HEALING
FROM THE EFFECTS OF THE ABUSE
. IN DEVELOPING RECOMMENDATIONS , THE
PARTIES SHALL CONSIDER INCLUDING RECOMMENDATIONS FOR NECESSARY
IMMEDIATE ACTION
, LONG-TERM GOALS, AND ANY LEGISLATION NECESSARY
TO IMPLEMENT ANY OF ITS RECOMMENDATIONS
. THE RECOMMENDATIONS
MAY INCLUDE
:
(I) A
PROCESS FOR REPATRIATION OF ANY IDENTIFIED NATIVE
AMERICAN REMAINS IN A CULTURALLY APPROPRIATE MANNER , AS
DETERMINED FOLLOWING CONSULTATION WITH FEDERALLY RECOGNIZED
INDIAN TRIBES;
(II) A
PLAN TO PROVIDE SUPPORT AND SERVICES TO TRIBAL MEMBERS
TO HEAL FROM THE INTERGENERATIONAL IMPACTS OF FEDERAL
INDIAN
BOARDING SCHOOLS AND THE RELATED SEPARATION OF FAMILIES
;
(III) E
DUCATION PROGRAMS TO MAKE THE PUBLIC AWARE OF
INFORMATION LEARNED FROM THE RESEARCH CONDUCTED AS PART OF THE
PROGRAM AND TO TEACH STUDENTS ABOUT THE HISTORY OF FEDERAL
INDIAN BOARDING SCHOOLS IN COLORADO;
(IV) A
PROCESS FOR TRANSFERRING BURIAL SITES TO TRIBAL
OWNERSHIP
;
(V) A
LLOWING TRIBAL BLESSINGS TO OCCUR AT THE SITES OF
FEDERAL
INDIAN BOARDING SCHOOLS AND BURIAL SITES ; AND
(VI) ANY ADDITIONAL POLICIES TO SUPPORT HEALING IN TRIBAL
COMMUNITIES AND TO FURTHER DETERMINE THE EXTENT OF
, ACKNOWLEDGE,
AND EDUCATE COLORADANS ABOUT, THE ABUSE AND VICTIMIZATION OF
STUDENTS AND FAMILIES RELATED TO THE OPERATION OF FEDERAL
INDIAN
BOARDING SCHOOLS
.
(b) I
N DEVELOPING THE RECOMMENDATIONS , THE SOCIETY,
COMMISSION, THE SOUTHERN UTE TRIBE, AND UTE MOUNTAIN UTE TRIBE
MAY CONSULT WITH ANY OTHER FEDERALLY RECOGNIZED TRIBE WHOSE
CHILDREN MAY HAVE ATTENDED A FEDERAL
INDIAN BOARDING SCHOOL IN
COLORADO.
PAGE 6-HOUSE BILL 22-1327 (c) ON OR BEFORE SEPTEMBER 1, 2023, THE SOCIETY SHALL MAKE
THE RECOMMENDATIONS AND A SUMMARY OF THE SOCIETY
'S RESEARCH
PUBLICLY AVAILABLE ON THE SOCIETY
'S WEBSITE AND SHALL DELIVER A
WRITTEN COPY OF THE RECOMMENDATIONS AND SUMMARY OF RESEARCH TO
THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE AND THE SENATE
JUDICIARY COMMITTEE
, OR THEIR SUCCESSOR COMMITTEES , THE JOINT
BUDGET COMMITTEE OF THE GENERAL ASSEMBLY
, THE GOVERNOR'S OFFICE,
ANY STATE AGENCY THAT IS THE SUBJECT OF A RECOMME NDATION , THE
SOUTHERN UTE TRIBE, THE UTE MOUNTAIN UTE TRIBE, AND THE BOARD OF
TRUSTEES FOR
FORT LEWIS COLLEGE.
(5) T
HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2023.
SECTION 3. In Colorado Revised Statutes, add 27-10.5-314 as
follows:
27-10.5-314. Former Teller institute property. (1) E
XCEPT AS
DESCRIBED IN SUBSECTION
(2) OF THIS SECTION, AS SOON AS EACH PERSON
WHO WAS RECEIVING SERVICES ON THE EFFECTIVE DATE OF THIS SECTION AT
THE FORMER
TELLER INSTITUTE FEDERAL INDIAN BOARDING SCHOOL
PROPERTY
, NOW OWNED BY THE DEPARTMENT AND OPERATED AS A
REGIONAL CENTER
, IS TRANSITIONED TO A RESIDENCE OTHER THAN A
RESIDENCE AT THE REGIONAL CENTER
, THE DEPARTMENT SHALL VACATE THE
PROPERTY AND SHALL 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 THAT IS IMPACTED BY THE
OPERATION OF THE
TELLER INSTITUTE.
(2) T
HE DEPARTMENT SHALL NOT SELL OR TRANSFER THE PROPERTY ,
OR ANY PORTION OF THE PROPERTY, UNTIL AFTER THE IDENTIFICATION AND
MAPPING OF ANY GRAVES OF
NATIVE AMERICAN STUDENTS BURIED AT THE
FEDERAL
INDIAN BOARDING SCHOOL THAT WAS LOCATED ON THE PROPERTY
AND UNTIL AFTER THE DEPARTMENT
, IN CONSULTATION WITH TRIBAL
GOVERNMENTS
, DEVELOPS A PLAN TO ACKNOWLEDGE THE ABUSE AND
VICTIMIZATION OF STUDENTS AND FAMILIES RELATED TO THE OPERATION OF
THE FEDERAL
INDIAN BOARDING SCHOOL LOCATED ON THE PROPERTY .
SECTION 4. Appropriation. For the 2022-23 state fiscal year,
$618,611 is appropriated to the department of higher education for use by
PAGE 7-HOUSE BILL 22-1327 history Colorado. This appropriation is from the general fund and is based
on an assumption that history Colorado will require an additional 1.0 FTE.
To implement this act, history Colorado may use this appropriation for
native American boarding school research program.
SECTION 5. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 8-HOUSE BILL 22-1327