S105-119

What This Bill Does

The Wounded Knee Massacre Memorial and Sacred Site Act defines restricted fee status for approximately 40 acres at the December 29, 1890 Wounded Knee Massacre site. The land remains owned by the Oglala Sioux Tribe and Cheyenne River Sioux Tribe, becomes part of the Pine Ridge Indian Reservation, is subject to Oglala Sioux civil and criminal jurisdiction, cannot be transferred without Congress and Tribal consent, and cannot be taxed by state or local government. The bill also says Interior review is not required before the Tribes use the land for purposes allowed by their October 21, 2022 covenant.

Within 365 days, the Interior Secretary must complete documentation, legal-description corrections, and utility or service-right assignments so the land is held in restricted fee status. The land is treated as Indian country, protected against alienation, subject to existing easements and utility agreements, and may not be used for gaming under the Indian Gaming Regulatory Act.

Who Benefits and How

The Oglala Sioux Tribe benefits from protected jurisdiction and ownership over sacred Wounded Knee land. The Cheyenne River Sioux Tribe benefits from the same restricted fee protection and covenant-based use authority. Wounded Knee descendants and memorial advocates benefit from legal protection for a massacre site. Tribal historic preservation offices benefit from reduced Interior preapproval over covenant-consistent uses. Pine Ridge community members benefit from recognition of the land as reservation land.

Who Bears the Burden and How

The Interior Secretary must complete documentation, survey corrections, and utility-right assignments within 365 days. State and local tax authorities lose taxation authority over the land. Future purchasers cannot acquire the land without Congress and Tribal consent. Gaming developers are barred from using the site for Indian Gaming Regulatory Act activity. Utility and easement holders must operate within preserved existing agreements.

Key Provisions

• Defines restricted fee status for the Wounded Knee Tribal land.
• Requires Interior to complete documentation and legal-description work within 365 days.
• Provides Tribal ownership, Pine Ridge reservation status, Oglala Sioux jurisdiction, and tax protection.
• Preserves existing utility, right-of-way, easement, and encumbrance interests.
• Prohibits gaming activity on the Tribal land.