Indian Health Care Improvement Act Amendments of 2007

Floor Speech

Madam President, I thank my colleague from North Dakota, the chairman of the Indian Affairs Committee, who has been a sponsor of this bill that I put in amendment form and am calling up now as an amendment, as an official apology to Native Americans in the United States for past issues. It is an amendment with a lot of history to it.

The bill has been brought up this Congress, the last Congress, and it has passed the Indian Affairs Committee both Congresses. It is an amendment with an issue of a lot of history to it. The chairman and myself are from Plains States where there is a lot of Native American history, as there is throughout the United States. It is a history that is both beautiful, difficult, and sad at the same time.

I have four tribal lands in my State, four areas where there are tribal lands, some that are tribal but don't have a resident tribe in the State. This has been an issue that has been around for some time--the relationship between the Federal Government and the tribes.

What we have crafted in this amendment, a previous bill that is now in amendment form, is an official apology. It does not deal with property issues whatsoever, but it recognizes some of the past difficulty in the relationship.

It says that for those times the Federal Government was wrong, we acknowledge that and apologize for it. Apologies are difficult and tough to do, but I think this one is meritorious and, as I present my case, I hope my colleagues will agree and support this amendment.

I rise today to speak about this issue that I believe is important to the well-being of all who reside in the United States. It is an issue that has lain unresolved for far too long, an issue of the United States Government's relationship with the Native peoples of this land.

Native Americans have a vast and proud legacy on this continent. Long before 1776 and the establishment of the United States of America, Native peoples inhabited this land and maintained a powerful physical and spiritual connection to it. In service to the Creator, Native peoples sowed the land, journeyed it, and protected it. The people from my State of Kansas have a similar strong attachment to the land.

Like many in my State, I was raised on the land. I grew up farming and caring for the land. I and many in my State established a connection to this land as well. We care for our Nation and the land of our forefathers so greatly that we too are willing to serve and protect it, as faithful stewards of the creation with which God has blessed us. I believe without a doubt citizens across this great Nation share this sentiment and know its unifying power. Americans have stood side by side for centuries to defend this land we love.

Both the Founding Fathers of the United States and the indigenous tribes that lived here were attached to this land. Both sought to steward and protect it. There were several instances of collegiality and cooperation between our forbears--for example, in Jamestown, VA, Plymouth, MA, and in aid to explorers Lewis and Clark. Yet, sadly, since the formation of the American Republic, numerous conflicts have ensued between our Government, the Federal Government, and many of these tribes, conflicts in which warriors on all sides fought courageously and which all sides suffered. Even from the earliest days of our Republic there existed a sentiment that honorable dealings and a peaceful coexistence were clearly preferable to bloodshed. Indeed, our predecessors in Congress in 1787 stated in the Northwest Ordinance:

The utmost good faith shall always be observed toward the Indians.

Many treaties were made between the U.S. Government and Native peoples, but treaties are far more than just words on a page. Treaties represent our word, and they represent our bond. Treaties with other governments are not to be regarded lightly. Unfortunately, again, too often the United States did not uphold its responsibilities as stated in its covenants with Native tribes.

I have read all of the treaties in my State between the tribes and the Federal Government that apply to Kansas. They generally came in tranches of three. First, there would be a big land grant to the tribe. Then there would be a much smaller one associated with some equipment and livestock, and then a much smaller one after that.

Too often, our Government broke its solemn oath to Native Americans. For too long, relations between the United States and Native people of this land have been in disrepair. For too much of our history, Federal tribal relations have been marked by broken treaties, mistreatment, and dishonorable dealings.

I believe it is time to work to restore these relationships to good health. While the record of the past cannot be erased, I am confident the United States can acknowledge its past failures, express sincere regrets, and work toward establishing a brighter future for all Americans. It is in this spirit of hope for our land that I am offering Senate Joint Resolution 4, the Native American Apology Resolution, as an amendment to the bill currently before us. This resolution will extend a formal apology from the United States to tribal governments and Native peoples nationwide--something we have never done; something we should have done years and years ago.

I want my fellow Senators to note this resolution does not--does not--dismiss the valiance of our American soldiers who fought bravely for their families in wars between the United States and a number of the Indian tribes, nor does this resolution cast all the blame for the various battles on one side or another.

Further, this resolution will not resolve the many challenges still facing Native Americans, nor will it authorize, support or settle any claims against the United States. It doesn't have anything to do with any property claims against the United States. That is specifically set aside and not in this bill. What this resolution does do is recognize and honor the importance of Native Americans to this land and to the United States in the past and today and offers an official apology for the poor and painful choices the U.S. Government sometimes made to disregard its solemn word to Native peoples. It recognizes the negative impact of numerous destructive Federal acts and policies on Native Americans and their culture, and it begins--begins--the effort of reconciliation.

President Ronald Reagan spoke of the importance of reconciliation many times throughout his Presidency. In a 1984 speech to mark the 40th anniversary of the day when the Allied armies joined in battle to free the European Continent from the grip of the Axis powers, Reagan implored the United States and Europe to ``prepare to reach out in the spirit of reconciliation.''

Martin Luther King, whom we recognized and celebrated yesterday, who was a true reconciler, once said:

The end is reconciliation, the end is redemption, the end is the creation of the beloved community.

This resolution is not the end, but perhaps it signals the beginning of the end of division and a faint first light and first fruits of the creation of beloved community. This is a resolution of apology and a resolution of reconciliation. It is a step toward healing the wounds that have divided our country for so long--a potential foundation for a new era of positive relations between tribal governments and the Federal Government.

It is time--as I have stated, it is way past time--for us to heal our land of division, all divisions, and bring us together. There is perhaps no better place than in the midst of the Senate's consideration of the Indian Health Care Improvement Act reauthorization to do this. With this in mind, I hope my Senate colleagues will support this amendment. I would ask their consideration on it. I would ask for their positive vote for it.

I hope a number of my colleagues in the Senate will join me as a cosponsor of the amendment itself so we can show a united front and that it is time for us to heal. I ask they give us that consideration. I simply ask my colleagues to look for this, and I hope they can vote for it as well.

I yield the floor.

(BREAK IN TRANSCRIPT)

Madam President, I wished to thank my colleague from North Dakota, and I would ask the amendment be referred to as the Brownback-Dorgan amendment, if that would be acceptable to my colleague. We will put it forward that way because he has been lead sponsor of this for the past several Congresses, and I appreciate his hard work.

I appreciate his heart and his practicality on the current situation. We do have to get better health care on the reservations and for the Native tribes. I appreciate the effort to get that done, and I think that is an important effort for us and a very practical and necessary thing, so the examples he talks about, and unfortunately so many others, don't continue to happen across this country.

The amendment put forward by my colleague from Louisiana, Senator Vitter, is also important, his view about codifying a situation regarding abortions with Native Americans. I would hope that would be something we could see passed as something that is a hopeful sign in pushing to the future, rather than a sign of despair and the killing of children, which I think is completely wrong for us to see taking place and for us to be funding it as well.

I am delighted this bill is coming up. I think this is an important issue for us to debate, and I am glad to support it.

I yield the floor.

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