2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › STATE HISTORY, ARCHIVES, AND EMBLEMS (§§ 24-80-101 — 24-80.1-109) › Article 80 - STATE HISTORY, ARCHIVES, AND EMBLEMS (§§ 24-80-101 — 24-80-1402) › Part 2 - STATE HISTORICAL SOCIETY (§§ 24-80-201 — 24-80-217) › Section 24-80-216 - [Effective Until 8/7/2024] Federal Indian boarding school research program - recommendations - definitions - repeal

(1)
As used in this section, unless the context otherwise requires:
(a)
"Federal 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)
"Program" means the federal Indian boarding school research program established in this section.
(2)
(a)
There 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)
In 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)
As 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, including the victimization of families of the youth forced to attend the school and the intergenerational impacts of the abuse. The 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)
The 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)
In 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)
Experience working with Indigenous communities;
(B)
An understanding of Native American history and culture, including the boarding school experience;
(C)
Native American team members;
(D)
An understanding of the impact of trauma and how it passes through generations;
(E)
One or more team members with experience as an archaeologist at Native American sites, including the performance of historical archaeological investigations;
(F)
One or more team members with experience in forensic anthropology;
(G)
Experience 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)
Experience in the use of geospatial technology, ground penetrating radar, mapping, and other resources that may be utilized in the identification of underground burial sites;
(I)
Experience identifying human remains and disinterment; and
(J)
Experience interviewing victims of trauma.
(c)
The society shall, at a minimum:
(I)
Conduct research necessary to more accurately estimate the number of deaths at the federal Indian boarding school at Fort Lewis;
(II)
Identify 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)
Review 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)
Review written and recorded history and oral history describing the experiences and trauma 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)
After 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 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)
Education 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)
Allowing 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)
In 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.
(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 recommendation, the Southern Ute Tribe, the Ute Mountain Ute Tribe, and the board of trustees for Fort Lewis college.
(5)
This section is repealed, effective December 31, 2023.
Added by 2022 Ch. 216, § 2, eff. 5/24/2022.
This section is set out more than once due to postponed, multiple, or conflicting amendments.