Wounded Knee Massacre Memorial and Sacred Site Act
Officially: “Wounded Knee Massacre Memorial and Sacred Site Act” Read the full text
What it does
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1Short title
This section gives the Act its short title: the Wounded Knee Massacre Memorial and Sacred Site Act.
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1. Short title This Act may be cited as the Wounded Knee Massacre Memorial and Sacred Site Act .
2Definitions
This section would define the terms used throughout the Act. 'Restricted fee status' would mean a status for the Tribal land in which the land continues to be owned by the Tribes; the land is part of the Pine Ridge Indian Reservation and is subject to the civil and criminal jurisdiction of the Oglala Sioux Tribe; the land cannot be transferred without the consent of both Congress and the Tribes; the land is not subject to taxation by any state or local government; and the land is not subject to any law requiring the Secretary of the Interior to review or approve the Tribes' use of the land for any purpose allowed under the document titled Covenant Between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe, dated October 21, 2022, whether the Tribes act directly or through an agreement with another party. 'Secretary' would mean the Secretary of the Interior. 'Tribal land' would mean about 40 acres, including the surface estate, subsurface estate, mineral estate, and any improvements, structures, and personal property on those acres, located on the Pine Ridge Indian Reservation in Oglala Lakota County at Rural County Road 4, Wounded Knee, South Dakota. This land is the area generally shown as the Area of Interest on a map dated October 26, 2022 titled Wounded Knee Sacred Site and Memorial Land, and it is a segment of the site of the December 29, 1890 Wounded Knee Massacre. 'Tribes' would mean the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe of the Cheyenne River Reservation, both of which are among the constituent tribes of the Great Sioux Nation and both of which are signatories to the Fort Laramie Treaty of 1868 between the United States and the Great Sioux Nation, 15 Stat. 635.
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2. Definitions In this Act: (1) Restricted fee status The term restricted fee status means a status in which the Tribal land— (A) shall continue to be owned by the Tribes; (B) shall be part of the Pine Ridge Indian Reservation and expressly made subject to the civil and criminal jurisdiction of the Oglala Sioux Tribe; (C) shall not be transferred without the consent of Congress and the Tribes; (D) shall not be subject to taxation by a State or local government; and (E) shall not be subject to any provision of law providing for the review or approval by the Secretary of the Interior before the Tribes may use the land for any purpose as allowed by the document titled Covenant Between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe and dated October 21, 2022, directly, or through agreement with another party. (2) Secretary The term Secretary means the Secretary of the Interior. (3) Tribal land The term Tribal land means the approximately 40 acres (including the surface and subsurface estate, and mineral estate, and any and all improvements, structures, and personal property on those acres) on the Pine Ridge Indian Reservation in Oglala Lakota County, at Rural County Road 4, Wounded Knee, South Dakota, and generally depicted as Area of Interest on the map entitled Wounded Knee Sacred Site and Memorial Land and dated October 26, 2022, which is a segment of the December 29, 1890, Wounded Knee Massacre site. (4) Tribes The term Tribes means the Oglala Sioux Tribe and Cheyenne River Sioux Tribe of the Cheyenne River Reservation, both tribes being among the constituent tribes of the Great Sioux Nation and signatories to the Fort Laramie Treaty of 1868 between the United States of America and the Great Sioux Nation, 15 Stat. 635.
3Land held in restricted fee status by the Tribes
This section would require the Secretary, not later than 365 days after the Act is enacted, to complete all actions needed for the Tribal land to be held by the Tribes in restricted fee status, including documentation and minor corrections to the survey and legal description of the Tribal land, and to appropriately assign each applicable private and municipal utility or service right or agreement relating to the Tribal land. Except as otherwise provided in the Act, the Tribal land would be subject to federal laws relating to Indian country as defined in section 1151 of title 18 of the United States Code, and would be protected by the restriction against alienation in section 177 of title 25 of the United States Code. The Tribal land would have to be used for the purposes allowed by the document titled Covenant Between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe, dated October 21, 2022. The Tribal land would remain subject to any private or municipal encumbrance, right-of-way, restriction, easement of record, or utility service agreement in effect on the date the Act is enacted. Under that Covenant, the Tribal land could not be used for gaming activity under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
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3. Land held in restricted fee status by the Tribes (a) Action by secretary Not later than 365 days after enactment of this Act, the Secretary shall— (1) complete all actions, including documentation and minor corrections to the survey and legal description of Tribal land, necessary for the Tribal land to be held by the Tribes in restricted fee status; and (2) appropriately assign each applicable private and municipal utility and service right or agreement with regard to the Tribal land. (b) Conditions (1) Federal laws relating to Indian land Except as otherwise provided in this Act, the Tribal land shall be subject to Federal laws relating to Indian country, as defined by section 1151 of title 18, United States Code and protected by the restriction against alienation in section 177 of title 25, United States Code. (2) Use of land The Tribal land shall be used for the purposes allowed by the document titled Covenant Between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe and dated October 21, 2022. (3) Encumbrances and agreements The Tribal land shall remain subject to any private or municipal encumbrance, right-of-way, restriction, easement of record, or utility service agreement in effect on the date of the enactment of this Act. (4) Gaming Pursuant to the document titled Covenant Between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe and dated October 21, 2022, the Tribal land shall not be used for gaming activity under the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ). Passed the House of Representatives January 22, 2025. Kevin F. McCumber, Clerk.
Where it is
In the House.