Notable Colorado and Denver Laws Impacting Indigenous Communities

Indigenous Peoples Month, or “National Native American Heritage Month” in the United States, is celebrated each year in November. As a state in the center of Indian Country, it is incumbent upon Colorado and its residents to recognize and celebrate all that this land’s Indigenous communities have offered to us over time. We should be thinking about this not just in November but every month.  November is also a time to recognize and reflect on—as President Biden did at the Gila River Indian Community on October 25—the lasting harm our Indigenous communities have suffered at the hands of the United States government and the states’ aggressive assimilation policies. This year, the US Department of the Interior’s theme for the month is “weaving together our past, present and future.”  Indeed, the purpose of more recent federal, state, and municipal-level laws regarding Indigenous individuals, tribal governments, and Native communities is to acknowledge and address past harms while closely guarding and protecting the limited sovereignty tribes currently maintain. My hope is that going forward, these efforts at acknowledgment and reconciliation will transform into substantive work to enforce and strengthen tribal sovereignty (and, in turn, improve the quality of life for Indigenous individuals and communities) in the future.

– Ruth Mackey

Several Colorado and Denver laws have significantly impacted Indigenous communities in areas like land rights, cultural preservation, education, and criminal justice. Here are some of the most notable laws and policies:

The Sand Creek Massacre National Historic Site (2007)[i]^, [ii]

• The Sand Creek Massacre in 1864, when the Colorado Cavalry attacked a Cheyenne and Arapaho village, left a lasting impact on Indigenous communities in the region. In 2007, the federal government established the Sand Creek Massacre National Historic Site to memorialize those who were killed and promote public awareness about the atrocities.
• While federal rather than state legislation established this, it reflects Colorado’s increasing acknowledgment of its historical injustices against Indigenous people and efforts to foster understanding.

Colorado’s Indigenous Mascot Ban (2021)[iii]^, [iv]

• In 2021, Colorado passed a law banning the use of Indigenous mascots by public schools and colleges, with fines for violations. The Indigenous Mascot Law prohibits names, symbols, or images that depict or reference Indigenous people or cultures in a way that’s deemed offensive. The law reflects an effort to end culturally insensitive and stereotypical representations that have long affected Indigenous communities in the state.

The Indian Child Welfare Act (ICWA) Compliance [v]^, [vi]

• Colorado complies with the Indian Child Welfare Act (ICWA), a federal law that governs jurisdiction over the removal of Native children from their families. Colorado courts adhere to this act, designed to keep Native children with Native families whenever possible, respecting tribal sovereignty and promoting cultural continuity for Native youth.
• Colorado continues to navigate and strengthen its compliance with ICWA, especially as challenges to the law arise nationwide.

SB 29 – Missing and Murdered Indigenous Relatives Office (2022) [vii]^{, [viii]}

• In 2022, Colorado passed SB 29, establishing a Missing and Murdered Indigenous Relatives Office to address the high rates of violence against Indigenous people, particularly women and girls. The office focuses on prevention, investigation, and support for families, responding to the disproportionate number of missing and murdered Indigenous people.

The Native American Graves Protection and Repatriation Act (NAGPRA) Compliance [ix]^, [x]

• Colorado adheres to NAGPRA, a federal law that requires the return of human remains, funerary objects, and sacred objects to Indigenous tribes. Colorado museums and institutions have been required to catalog and, when requested, return these items, recognizing Indigenous people’s cultural and religious rights.
• Colorado’s compliance with NAGPRA has facilitated improved relationships between institutions and tribes, though efforts to implement it entirely are ongoing.

HB 1237 – Ute Sacred Land Protection Act (2021)[xi], [xii]

• The Ute Sacred Land Protection Act created a process for protecting the cultural and sacred sites of the Ute Mountain Ute and Southern Ute Tribes. The act provides a framework for state-tribal collaboration and protects sacred sites, addressing past grievances where land was appropriated or desecrated.

Denver Land Acknowledgment Resolution (2020) [xiii], [xiv]

• The Denver City Council passed a resolution in 2020 acknowledging the city’s location on Indigenous lands and recognizing the presence and contributions of Indigenous people in Denver. Although symbolic, this set a precedent for increased engagement and respect toward Indigenous history in Denver.

ENDNOTES

[i] U.S. Congress, “Sand Creek Massacre National Historic Site Establishment Act of 2000,” Public Law 106-465, Nov. 7, 2000.

[ii] National Park Service, “Sand Creek Massacre National Historic Site,” accessed November 12, 2024, https://www.nps.gov/sand/index.htm.

[iii] Colorado General Assembly, “SB21-116: Prohibit American Indian Mascots,” 2021, https://leg.colorado.gov/bills/sb21-116.

[iv] Colorado Department of Education, “American Indian Mascot Law Compliance,” accessed November 12, 2024, https://www.cde.state.co.us/communications/americanindianmascotlaw.

[v] U.S. Congress, “Indian Child Welfare Act of 1978,” Public Law 95-608, Nov. 8, 1978.

[vi] Colorado Department of Human Services, “Indian Child Welfare Act (ICWA),” accessed November 12, 2024, https://cdhs.colorado.gov/our-services/indian-child-welfare-act-icwa.

[vii] Colorado General Assembly, “SB22-029: Create Office of Missing and Murdered Indigenous Relatives,” 2022, https://leg.colorado.gov/bills/sb22-029.

[viii] Missing and Murdered Indigenous Relatives Office, Colorado Department of Public Safety, accessed November 12, 2024, https://cdpsdocs.state.co.us/ovp/MMIR/MMIR_home.html.

[ix] U.S. Congress, “Native American Graves Protection and Repatriation Act,” Public Law 101-601, Nov. 16, 1990.

[x] Colorado State Archaeologist, “NAGPRA,” History Colorado, accessed November 12, 2024, https://www.historycolorado.org/nagpra.

[xi] Colorado General Assembly, “HB21-1237: Ute Sacred Land Protection Act,” 2021, https://leg.colorado.gov/bills/hb21-1237.

[xii] Colorado Commission of Indian Affairs, “Legislative Highlights,” 2021, accessed November 12, 2024, https://ccia.colorado.gov/legislative-highlights.

[xiii] Denver City Council, “Land Acknowledgment Resolution,” 2020, accessed November 12, 2024, https://www.denvergov.org/Government/Departments/City-Council/News/2020/Land-Acknowledgement-Resolution.

[xiv] City and County of Denver, “Denver City Council Passes Land Acknowledgment Resolution,” October 12, 2020, accessed November 12, 2024, https://www.denvergov.org.

ABOUT THE AUTHOR

Ruth Mackey works as a Director for SRS Acquiom, where she works with selling company shareholders to resolve post-closing disputes in the M&A context.  Before joining SRS Acquiom, Ruth was in-house counsel at a multinational public company, where she provided advice and counsel to her internal clients and managed litigation with third parties. Prior to working in-house, Ruth practiced at several large law firms, and is an experienced litigator on behalf of business clients in general civil litigation and employment matters. She began her career as a law clerk for the Colorado Supreme Court. Ruth earned her J.D. from the University of California, Berkeley, and her B.A. from Reed College. She is active in Colorado’s legal community, currently serving on the Denver Bar Association Board of Trustees and the Colorado Bar Association’s Board of Governors. Ruth is the Colorado Hispanic Bar Association’s 2024 Chris Miranda Award winner.