2018 Senate Resolution 1 - Printed

State of South Dakota  
NINETY-THIRD SESSION
LEGISLATIVE ASSEMBLY, 2018  

817Z0741   SENATE RESOLUTION   NO.  1  

Introduced by:    Senators Heinert, Cronin, Curd, Frerichs, Greenfield (Brock), Haverly, Kennedy, Killer, Langer, Maher, Nelson, Nesiba, Netherton, Peters, Rusch, Russell, Solano, Sutton, White, and Youngberg
 

        A RESOLUTION, Confirming the legitimacy of, and South Dakota's support for, the 1868 Treaty of Fort Laramie.
    WHEREAS, the Oceti Sakowin Sovereign Nations of the Northern Great Plains entered into a treaty with the United States of America in 1868 at Fort Laramie; and
    WHEREAS, the 1868 Treaty of Fort Laramie guaranteed to the Oceti Sakowin Sovereign Nations the absolute and undisturbed use of the Great Sioux Reservation, which encompasses all South Dakota lands west of the Missouri River, including the sacred Black Hills, and that no person shall ever be permitted to pass over, settle upon, or reside in the territory without the consent of the Sioux tribe; and
    WHEREAS, the United States federal government attempted to purchase this land legitimately through a voluntary sale, but was denied on multiple occasions; and
    WHEREAS, when the Oceti Sakowin Sovereign Nations refused to sell their land voluntarily, the federal government responded with aggression, force, coercion, and manipulation by detaining those deemed hostile, passing the Sioux appropriations bill and the

Congressional Act of 1877. Both of those legislative Acts used sign-or-starve tactics to force the Oceti Sakowin Sovereign Nations to relinquish the Black Hills to the federal government; and

    WHEREAS, after their land was seized, continuous attempts to forcibly assimilate the Oceti Sakowin Sovereign Nations left them open to deception and fraud from the private sector; and
    WHEREAS, the Oceti Sakowin Sovereign Nations' legal right to their land has been confirmed by rulings by the Indian Claims Commission in 1974, the United States Court of Claims in 1979, and the United States Supreme Court in 1980, all of which maintain that the United States federal government violated the Fifth Amendment by seizing, without compensation, land that rightly belonged to the Oceti Sakowin Sovereign Nations under the 1868 Treaty of Fort Laramie; and
    WHEREAS, Indian tribes are recognized as sovereign entities in the United States; and
    WHEREAS, the 1868 Treaty of Fort Laramie stipulates that no treaty for the cession of Great Sioux Reservation land is legitimate without obtaining the signatures of three-quarters of the male Indian inhabitants, yet, without their consent and against their will, the tribes of South Dakota, once entitled to the Great Sioux Reservation's one hundred thirty-four million acres, have been unjustly and unlawfully confined to less than ten million acres of reservation; and
    WHEREAS, Article VI of the United States Constitution declares that treaties are the supreme law of the land; and
    WHEREAS, the 1868 Treaty of Fort Laramie is of great significance to the Oceti Sakowin Sovereign Nations of the Northern Great Plains region of the United States:
    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Third Legislature of the State of South Dakota, that the Legislature recognizes and honors the importance and validity of the 1868 Treaty of Fort Laramie; and
    BE IT FURTHER RESOLVED, that the Rosebud Sioux Tribe (Sicangu Lakota Oyate) fully supports the commemoration of the 150th anniversary of the signing of the 1868 Treaty of Fort Laramie by educating native and non-native people about the treaty, and by illustrating to the government of the United States of America that "we're still here" and are seeking a future of forward-looking, positive relationships with full respect for the sovereign status of Native American nations confirmed by the treaty.