PolicyBrief
H.R. 165
119th CongressJan 22nd 2025
Wounded Knee Massacre Memorial and Sacred Site Act
HOUSE PASSED

This bill designates approximately 40 acres of land at the Wounded Knee Massacre site to be held in restricted fee status by the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe, ensuring its preservation and protection as a sacred site and memorial. The bill prohibits gaming activities on the land.

Dusty Johnson
R

Dusty Johnson

Representative

SD

PartyTotal VotesYesNoDid Not Vote
Democrat
215200015
Republican
21821602
LEGISLATION

Wounded Knee Land Officially Designated as Tribal Land: 40 Acres Protected in New Act

The "Wounded Knee Massacre Memorial and Sacred Site Act" formally designates roughly 40 acres of land at Wounded Knee as Tribal land held in restricted fee status for the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe. This means the land, part of the Pine Ridge Indian Reservation, will be under the Tribes' ownership and legal jurisdiction, protected from taxation and sale, and will not require Department of Interior approval for land use, as per the October 21, 2022 agreement between the two Tribes. The Secretary of the Interior has 365 days from the Act's enactment to finalize all the paperwork.

Roots of Resilience

This Act ensures the land remains under Tribal control and protection. The "restricted fee status," as defined in the bill, is a key element. It means the land can't be sold off without both Congressional and Tribal consent (SEC. 2). Think of it like a double-lock system protecting a precious family heirloom. The Act also clarifies that the land won't be subject to state or local taxes (SEC. 2). For example, a local farmer who leases part of the land to grow crops won't have to worry about sudden property tax hikes imposed by the state. Furthermore, the land will be used in accordance with an existing covenant between the Oglala Sioux Tribe and Cheyenne River Sioux Tribe, ensuring that the usage aligns with the Tribes' shared vision and values.

Honoring the Past, Protecting the Future

The Act directly addresses the historical and cultural significance of the Wounded Knee site, where the 1890 Wounded Knee Massacre occurred. By placing the land in restricted fee status, the bill aims to provide a lasting memorial and sacred space for the descendants of the victims and the Tribes. It's like creating a permanent sanctuary where the story of what happened can be remembered and honored. Crucially, the bill explicitly prohibits the use of this land for any gaming activities (SEC. 3), respecting its solemn nature. While this does limit certain economic possibilities, it prioritizes the land's role as a site of remembrance and cultural significance. The bill directs the Secretary of the Interior to finalize all actions needed to transfer the land into restricted fee status within 365 days of the Act's passage (SEC. 3). This one-year deadline is meant to ensure a swift and smooth transition, minimizing bureaucratic delays.

Challenges and Considerations

While the Act sets a clear timeframe, a potential challenge lies in meeting that 365-day deadline. Any hitches in finalizing land surveys or legal descriptions (SEC. 3) could cause delays, impacting the Tribes' ability to fully exercise their rights over the land. However, the bill's specific language requiring completion within a year underscores the urgency and importance of this land transfer. The Act ensures that the land remains subject to existing encumbrances and agreements. This means that any current arrangements, such as utility easements or service agreements, will continue to be honored, providing continuity and stability for both the Tribes and any parties involved in those agreements.