Wounded Knee Massacre Site Land Transfer: 40 Acres Returned to Tribes for Memorial Use Only

The Wounded Knee Massacre Memorial and Sacred Site Act directs the Secretary of the Interior to transfer approximately 40 acres of federal land located on the Pine Ridge Indian Reservation in South Dakota to the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe. This isn't just a simple land swap; it’s about formally transferring a segment of the December 29, 1890, Wounded Knee Massacre site, a place of immense historical and spiritual significance, back to the Tribes who are lineal descendants of the victims and survivors.

The 'Restricted Fee' Status: What It Means

The most important detail for anyone tracking tribal sovereignty is the land status. The bill mandates that the land be held in “restricted fee status.” Think of this as ownership with a very specific set of rules baked in. The Tribes own the land, and it remains part of the Pine Ridge Indian Reservation, meaning it falls under the civil and criminal jurisdiction of the Oglala Sioux Tribe (SEC. 1). Critically, this status exempts the land from state or local taxation, which is a major win for tribal control and self-governance, preventing local governments from trying to collect property taxes on this sacred site.

However, this status also includes a major restriction: the land cannot be transferred—or, in policy speak, “alienated”—without the consent of both the Tribes and Congress (SEC. 2). While this protects the land from being sold off easily, it also means the Tribes need to go through a complex federal process if they ever needed to change the ownership structure down the line. It’s a trade-off between protection and full autonomy.

Memorial Only: The Development Lock

To ensure the land remains a sacred site, the transfer is conditioned on the Tribes entering into a legally binding covenant (dated October 21, 2022). This covenant is the real lock on the land's future use. It commits the Tribes to preserve and protect the land as a memorial and sacred site (SEC. 1). The bill explicitly prohibits commercial or residential development on the site. The only exceptions allowed are for building a memorial, a museum, and related facilities (SEC. 1). This means you won’t see a casino or a strip mall pop up here—the covenant specifically bars gaming activity under the Indian Gaming Regulatory Act (SEC. 3).

For the Tribes, this covenant ensures the site is perpetually protected as a place of remembrance and healing. For the average citizen, it means the federal government is stepping out of the way of Secretarial review for most land use decisions, provided the use aligns with the memorial covenant (SEC. 2). The Secretary of the Interior retains a “right of enforcement” just to make sure the covenant terms—like the ban on commercial development—are upheld (SEC. 1). The Secretary is required to complete all necessary transfer actions within 365 days of the law's enactment, finalizing the documentation and ensuring utility services are properly assigned (SEC. 3).

In short, this bill is about correcting a historical wrong by restoring control of a deeply sacred and significant site to the affected Tribes, while simultaneously putting strict, non-negotiable protections in place to ensure the land is used only for memorializing the 1890 massacre.