HR165-119

What This Bill Does

This bill transfers approximately 40 acres at the historic Wounded Knee Massacre site on the Pine Ridge Indian Reservation in South Dakota to "restricted fee status" owned jointly by the Oglala Sioux Tribe and Cheyenne River Sioux Tribe. The Secretary of the Interior must complete the transfer within 365 days of enactment. The land becomes exempt from state and local taxes, subject to tribal jurisdiction, and governed by a covenant between the two tribes.

Who Benefits and How

• Oglala Sioux Tribe and Cheyenne River Sioux Tribe: Gain formal ownership of a sacred and historically significant site, with protection from alienation, tax exemption, and full civil and criminal jurisdiction. The land may be used for purposes outlined in the inter-tribal covenant.
• Native American communities broadly: The return of the Wounded Knee Massacre site represents a significant act of historical recognition and restorative justice.

Who Bears the Burden and How

• South Dakota state and Oglala Lakota County: Lose the ability to tax the 40-acre parcel, resulting in a small reduction in local property tax revenue.
• Department of the Interior: Must complete documentation, survey corrections, and utility right-of-way assignments within 365 days, creating an administrative burden.
• Gaming industry: Explicitly prohibited from establishing any gaming operations on the site.

Key Provisions

• Places the Wounded Knee land into restricted fee status owned by the Oglala Sioux Tribe and Cheyenne River Sioux Tribe.
• Limits transfer of the land without congressional and tribal consent and exempts it from state and local taxation.
• Applies Oglala Sioux Tribe civil and criminal jurisdiction and federal Indian-country protections to the land.
• Prohibits gaming under the Indian Gaming Regulatory Act on the sacred-site land.
• Preserves existing rights-of-way, easements, utility agreements, and other valid encumbrances.