Wounded Knee Massacre Memorial and Sacred Site Act
Summary
HB165, titled the Wounded Knee Massacre Memorial and Sacred Site Act, directs the Secretary of the Interior to complete the administrative actions needed to place approximately 40 acres at Wounded Knee, South Dakota, into restricted fee status for the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe. The land includes the surface, subsurface, mineral estate, and associated improvements and is identified as part of the December 29, 1890 Wounded Knee Massacre site. The bill also requires the Secretary to make any necessary survey or legal-description corrections and to assign applicable private or municipal utility and service rights or agreements tied to the property.
The measure specifies that the land will remain owned by the Tribes, be part of the Pine Ridge Indian Reservation, and be subject to the civil and criminal jurisdiction of the Oglala Sioux Tribe. It bars transfer without congressional and tribal consent, exempts the land from state and local taxation, and removes the need for Interior Department approval for tribal use of the land as allowed by the 2022 covenant between the two Tribes. The bill also preserves existing encumbrances, rights-of-way, easements, and utility agreements, and prohibits gaming activity on the site under the Indian Gaming Regulatory Act.
Impact
The bill changes the legal status of the specified Wounded Knee parcel by placing it in restricted fee status, a form of tribal ownership with federal protections against alienation and state/local taxation. It reinforces tribal jurisdiction and federal Indian-country treatment for the land while preserving existing third-party property and utility interests. The measure also limits future land transfers and use of the site to the purposes set out in the 2022 tribal covenant, including a prohibition on gaming.
Sentiment
The available voting history indicates overwhelming support for the bill, with the House passing it 416-0 under suspension of the rules. No committee transcript material is provided, but the unanimous vote suggests broad bipartisan agreement and little visible opposition in the recorded proceedings. The bill’s memorial and sacred-site purpose, along with its narrow land-specific scope, likely contributed to the strong support.
Contention
No major contention is reflected in the provided record. The bill’s main policy constraints are that the land cannot be used for gaming, remains subject to existing easements and utility agreements, and is tied to the terms of the 2022 covenant between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe. Any potential concerns would likely center on land status, jurisdiction, and the preservation of existing private or municipal rights, but no opposing arguments are documented here.