July 1, 1982

17 EXECUTIVE COUNCIL RESOLUTION 11107
UNIVERSITY OF COLORADO
STUDENT UNION

Sponsored By: Representatives-at-Large:

Mark Montalban
Brenden Shea
Becky Lawrence
Co-Rep from Env Design: Scott Martin
Co-Rep from Env Design: Robin Healey
Executives:
Tad Miller
Rich Ling
A RESOLUTION

WHEREAS:

The Student Union at the University of Colorado support
H.R. S664 as an essential resolution in response to
the depravation of land for the Lakota-Dakota Sioux
Indian nation; and,

WHEREAS:

As believers in the Democratic process we find the passing
of H.R. S664 as necessary to avoid bloodshed.

THEREFORE BE IT RESOLVED by the Executive Council of the University of
Colorado Student Union, THAT:
SECTION 1:

Upon passage of this UCSU resolution, a copy shall be
mailed to the following in respect to the Yellow
Thunder Camp Issue:
1.
U.S. Forest Service
2.
Bureau of Indian Affairs
3.
Colorado Congressional Delegation
4.
President Ronald Reagan
5.
Secretary and Under Secretary of Interior
6.
Secretary of Agriculture

SECTION 2:

This resolution shall take effect upon passage.

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THE BILL· IN CONGRESS
,. ·
97TH CONGRESS
2D SESSION
H.R. 5684
To provide that, for a ten-year period, certain
Federal Land in the Black Hills National Forest
shalt be withdrawn from public use in order that
the Lakota-Dakota (Sioux) Nation may use such
land as a cultural and religious resource area. and
for other purposes.

religious purposes can be resolved.
SEC. 2 (a)(1) During the period beginning on
the date the Secretary Issues a permlf under
subsection (b) and ending ten years after such
date. eight hundred acres of Federal land, which is
described in paragraph (2) and Is located twelve
and one-half miles south of Rapid City, South
Dakota, in the Black Hilts National Forest. shalt be
withdrawn from public use and shall be used as
provided in subsections (b) and (c) .
IN THE HOUSE OF REPRESENTATIVES
(2) The land referred to in paragraph ( 1) is
March 2, 1982
northwest quarter of section 27 and all of section
Mrs. Chisholm (for herself, Mr. ·weaver. and Mr.
28, township 1 north, range 6 east, of the Black
Moffett) introduced the following bitt; which was
Hills meridian.
referred to the Committee on Interior and Insular
(b) As soon as practicable after the date of the
Affairs.
·
enactment of this Act. the Secretary shalt issue a
ten-year permit to Yellow Thunder Camp to use
A BILL
the land described in subsection (a)(2) as a
To provide that, for a ten-year period, certain
cultural and religious resource area. Such permit
Federal land in the Black Hilts National Forest
shalt include terms providing that Yellow Thunder
shalt be withdrawn from public use in order that
Campthe Lakota-Dakota (Sioux) Nation may use such
(1) may erect semipermanent structures on
land as a cultural and religious resource area, and
such land, Including dwellings,
for other purposes.
(2) except as provided in paragraph (3), may not
Be it enacted by the Senate and House of
hunt, fish, or use any other natural resource of
Representatives of the United States of America
such land for commercial purposes.
in Congress assembled,
(3) unless prohibited by any other provision of
That the Congress finds thatlaw (other than paragraph (2)), may hunt. and use
(1) on April4, 1981, members of the Lakotaparts of, animals to make products for sale, and
Dakota (Sioux) Nation established a cultural and
(4) may not deny access to such landreligious community named "Yellow Thunder ,
(A) by any member of the public, other than
Camp" and settled such community on certain
Individuals who Yellow Thunder Camp, after
Federal land In the Black Hilts National Forest,
consultation with the Secretary, determines would
unreasonably Interfere with Yellow Thunder
(2) such land Is part of the historic homeland of
such nation and Is spiritually sacred to the
Camp's use of such land as a cultural and religious
members of such nation,
resource area, or
(3) Yellow Thunder Camp Is self-supporting,
(b) by any officer or employee of the Forest
has established educational and medical facilities,
Service If such officer or employee gives
and Is a model of self-determination,
·
reasonable notice to Yellow Thunder Camp before
(4) the Forest Service refused to Issue a special
entering such land.
use permit that would have allowed Yellow
(c)(1) During the period beginning on the date
Thunder Camp to remain on such land
of the enactment of this Act, and ending ten years
permanently,
.
.
after the Secretary Issues a permit under
. (5) In the Act of August 11, 1978 (42 U.S.C.
subsection (b), the Secretary shall not enter Into
1996), commonly known as the American IQdlan
. contract or lease, or issue any permit, concerning
Religious Freedom Act, the Congress recognized
any part of the land described In subsection (a)(2),
the inherent rights of American Indians to believe,
or any natural resource of such land, unless
express, and exercise their traditional religions,
Yellow Thunder Camp consents to such action.
including the rights to have access to sacred sites,
(2)(A) As soon as practicable from the date of
to use and possess sacred objects, and to worship
the enactment of this Act, the Secretary shall
through ceremonials and traditional rites, and
terminate any lease, permit, or contract
(6) for a ten-year period Yellow Thunder Camp
concerning such land, or any natural resource of
should be allowed to remain on, and use as a
such land, if Yellow Thunder. Camp, after
cultural and religious resource area, eight
consultation with the Secretary, determines that
hundred acres of their holyland In 1he Black Hills
the carrying out of such lease, permit, or contract
National Forest during which time conflicts
would unreasonably Interfere with Yellow
between the lakota-Dakota Natlon and Federal
Thunder Camp's use of such land as a cultural and
agencies concerning such nation's use of Federal
religious resource area.
,
land In the State of South Dakota for cultural and
·- (B) If any such lease, permit, or contract Is so

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terminated, then the Secretary, it possibl~. shall
offer to enter into a comparable lease. permit, or
contract with the lessee, permltee, or contractor
involved concerning other Federal land in the
Black Hills National Forest.
SEC. 3. Notwithstanding any other provision of
law, in developing, maintaining, or revising any
land and resource management plan concerning
any land in the Black Hills National Forest under
section 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C . 1604)
or any other provision of law, the Secretary shall
assure that such plan(1) prohibits any activity on such land,
including timber harvesting and grazing, that
would result In unreasonable harm to, or
destruction of. any religious or cultural site sacred
to the Lakota-Dakota Nation unless such nation
consents to such activity,
(2) prohibits any excavation. removal, or
disposition of archeological resources located on
such land unless the lakota-Dakota Nation
consents to such excavation, removal, or
disposition, and
(3) guarantees to the members of the LakotaDakota Nation, the members of other Indian
nations, and the allies of the Lakota-Dakota
Nation the free exercise of their inherent rights to
believe, express, and exercise their traditional
religion. daily or otherwise, on such land,
Including the right to have access to such sites. to
use and possess sacred objects on such land, and
to worship through ceremonials and traditional
rites on such land.
SEC. 4. (a) The Secretary and the Secretary of
the Interior, jointly, shall undertake extensive
consultations and negotiations with the traditional
religious and . cultural leaders of the LakotaDakota Nation In an effort to understand. and
resolve to the satisfaction of such leaders,
conflicts concernlng(1) the free exercise of the Inherent rights of
the members of the Lakota-Dakota Nation, the
members of other Indian nations, and the allies of
the Lakota-Dakota nation to believe, express, and
exercise their traditional religion, daily or
otherwise. ·on Federal land in the State of South
Dakota, Including the rights to have access to
sacred religious and cultural sites on such land, to
use and possess sacred objects on such land, and
to worship through ceremonials and traditional
rites on such land, ·
(2) activities on such land which result in
unreasonable harm.to, or destruction of, religious
and cultural sites sacred to the Lakota-Dakota
Nation, and
(3) the excavation, removal, and dispostion
of archeological resources located In such land.
(b) Not later than ten years after the date of the

enactment of this Act. the Secretary and the
Secretary of the Interior, jointly, shall submit a
report to the President, the Speaker of the House
of Representatives, and the President of the
Senate containing a detailed description of the
actions taken, and the findings rnade , under
subsection (a) and any recommendations for
legislation or administrative action.
SEC. 5. For purposes of this Act(1) the term "Yellow Thunder Camp" means
the cultural and religious community which
settled on part of the land described in section
2(a)(2) on April 4, 1981, and which is spiritually
governed. self-sufficient, and guided by the
teachings of Lakota-Dakota ancestors given to
such community through Lakota - Dakota
ceremonies and oral society.
(2) the term '' Secretary" means the Secretary
of Agriculture, and
(3) the tem "archeological resources" means
any material remains 0f past human life or
activities which are of archeological interest,
including pottery, basketry, bottles, weapons.
weapon projectiles. tools, structures, or portions
of structures, pit houses. rock paintings, rock
carvings, intaglios. graves, human skeletal
materials, or any portion or piece of any of the
foregoing items. Nonfossilized and fossilized
paleontological specimens. or any portion or
piece thereof, shall not be considered
archeological resources urlder this Act . unless
found in an archeological context.
Co-Sponsors:
Shirley Chisolm (D-NY)
James Weaver (D-Ore.)
Toby Moffett (D-Conn)
Supporters of Congressional am
as of April 1, 1982
Jonathan Bingham (D-NY)
William Brodhead (D-Mich)
John Burton (D-Calif)
Ronald Detlums (D-Calif)
Don Edwards (D-Calif)
Walter Fauntroy (D-D.C.)
Robert Garcia (D-NY)
William" Gray (D-Pa)
James Howard (D-NY)
Mike Lowry (D-Wash)
Edward Markey (D-Mass)
"
Parren Mitchell (0-Md)
James Oberstar (D-Minn)
Frederick Richmond (D-NY)
. ·,
Gus Savage (D-Ill)
Harold Washington (D-Ill) ;.
. , . . : ~,
Martin Sabo (D-Minn)
Pat Schroeder (D-Colo)
John Conyers (D-Ore)
..
Les AuCoin (D-Ore)
, ;" · ,•.,
William Clay (D-Mo)
Mervyn Dymally (D-Callf)
louis Stokes (0-0hlo)

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