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HR 165119th CongressBecame Law

Wounded Knee Massacre Memorial and Sacred Site Act

Introduced: Jan 3, 2025
Sponsor: Rep. Johnson, Dusty [R-SD-At Large] (R-South Dakota)
Civil Rights & Justice
Standard Summary
Comprehensive overview in 1-2 paragraphs

The Wounded Knee Massacre Memorial and Sacred Site Act would direct the Secretary of the Interior to complete all actions needed to place approximately 40 acres of land near Wounded Knee, South Dakota, on Pine Ridge Reservation under “restricted fee status” held by the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe. Under restricted fee status, the land remains tribal-owned, within the reservation, and under tribal civil and criminal jurisdiction; it cannot be transferred without Congress and tribal consent, is not subject to state or local taxation, and uses would be governed by a 2022 covenant between the two tribes. The land must be used in a manner consistent with that covenant and cannot be used for gaming under the Indian Gaming Regulatory Act. The act also preserves existing encumbrances and easements and requires the Secretary to finalize the actions within 365 days of enactment. Overall, the bill aims to memorialize and protect the Wounded Knee Massacre site as a sacred site under tribal stewardship.

Key Points

  • 1Creates “restricted fee status” for about 40 acres at Wounded Knee, which keeps the land tribal-owned, within the Pine Ridge Reservation, and under Oglala Sioux Tribe jurisdiction, with protections against transfer or alienation.
  • 2Requires the Secretary to complete all necessary actions within 365 days, including finalizing the survey/description and assigning any private or municipal utility rights or agreements tied to the land.
  • 3Land usage is limited to purposes permitted by the 2022 Covenant between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe; the land remains subject to Indian country laws and protections against alienation.
  • 4Encumbrances, easements, rights-of-way, and existing agreements in effect at enactment stay in place and continue to affect the land.
  • 5The land cannot be used for gaming activities under the Indian Gaming Regulatory Act, aligning with the Covenant and tribal governance over the site.

Impact Areas

Primary group/area affected: Oglala Sioux Tribe and Cheyenne River Sioux Tribe (and residents of the Pine Ridge Reservation), whose sovereignty, jurisdiction, and governance over the land are reaffirmed and enhanced; the land’s status as a memorial and sacred site falls under tribal stewardship.Secondary group/area affected: U.S. Department of the Interior and federal and state/local entities involved in land administration, law enforcement, and tax status; the land would be treated as Indian country with tribal jurisdiction and protections.Additional impacts: Preservation and memorialization of the Wounded Knee Massacre site as a sacred site, potential implications for tourism, education, and cultural resources; maintenance of existing encumbrances and the Covenant framework guiding land use and non-gaming restrictions. The action also limits transferability, ensuring congressional and tribal consent for any future changes.
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