Wounded Knee Memorial Land Gets Permanent 'Restricted Fee' Status, Blocking Future Sales and Local Taxes

This legislation, titled the Wounded Knee Massacre Memorial and Sacred Site Act, is straightforward: it permanently changes the legal status of a specific 40-acre piece of land on the Pine Ridge Indian Reservation near Wounded Knee, South Dakota. The core action is placing this land into “restricted fee status” and confirming permanent ownership by the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe.

Protecting the Sacred Ground

Think of “restricted fee status” as a legal lockbox for this specific piece of history. The bill (SEC. 2) defines this status to ensure three major things: first, the land remains part of the Pine Ridge Indian Reservation and falls under the Oglala Sioux Tribe’s civil and criminal laws. Second, and critical for long-term protection, the land cannot be transferred, sold, or alienated without approval from both Congress and the Tribes. This means no developer can swoop in later and buy it up. Third, the land is exempt from State or local taxation, which is a major win for the Tribes in maintaining the site without added cost.

The Administrative Clock is Ticking

This isn't just a symbolic gesture; it requires federal action. Section 3 mandates that the Secretary of the Interior must complete all the necessary administrative steps—the paperwork, the surveys, the legal filings—to finalize this restricted status within 365 days of the Act becoming law. For the Tribes, this means certainty: they have a clear deadline for when the legal protections must be fully in place. For the federal government, it’s a clear mandate to move quickly on a sensitive historical issue.

Rules for Use: Memorial First

While the Tribes gain permanent control, the land comes with specific rules they themselves agreed to. The bill specifies that the land must be used only for the purposes outlined in the October 2022 agreement between the two Tribes (SEC. 3). Perhaps the most notable restriction, also derived from that tribal agreement, is that the land absolutely cannot be used for any gaming activities regulated under the Indian Gaming Regulatory Act. This ensures the site remains dedicated to memorial and sacred purposes, not commercial ventures.

Real-World Impact: Certainty and Sovereignty

For the Tribes, this Act provides permanent control and sovereignty over a deeply significant, and historically tragic, site. It removes the potential threat of future land sales or tax burdens that could compromise the site’s status as a memorial. For local governments in Oglala Lakota County, this confirms they will not be able to tax this specific 40-acre parcel, formalizing its status as protected tribal land. For anyone who holds existing utility rights-of-way—say, a power company with a line running across the property—the bill ensures those existing agreements stay in place, preventing service disruptions while the land status changes.