PolicyBrief
S. 105
119th CongressMar 5th 2025
Wounded Knee Massacre Memorial and Sacred Site Act
AWAITING SENATE

This bill directs the Secretary of the Interior to finalize actions to ensure approximately 40 acres of Tribal land at the Wounded Knee Massacre site is held in restricted fee status by the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe, protecting it from alienation and ensuring its use aligns with a covenant between the Tribes.

Mike Rounds
R

Mike Rounds

Senator

SD

LEGISLATION

Wounded Knee Site to Gain Protected Status: 40 Acres Designated as Tribal Land, Safeguarded from Development and Taxation

The "Wounded Knee Massacre Memorial and Sacred Site Act" is set to officially protect a crucial piece of Native American history. This bill directly addresses the legacy of the 1890 Wounded Knee Massacre by designating roughly 40 acres of Tribal land at the site in South Dakota with 'restricted fee status.'

Protecting Sacred Ground

This designation is a big deal. It means the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe retain full ownership and control of the land. It's shielded from state and local taxes, and it can't be sold or transferred without explicit consent from both Congress and the Tribes. Think of it as a permanent lockbox for this historically significant site, ensuring it remains under Tribal stewardship. The bill references an agreement made between the two Tribes on October 21, 2022, and explicitly states the land will be part of the Pine Ridge Indian Reservation, under Oglala Sioux jurisdiction. (SEC. 2)

Real-World Implications

For the Tribes, this is about more than just land—it's about honoring ancestors and preserving a sacred site. Imagine a family finally getting the legal guarantee that their ancestral home will be protected in perpetuity. That's essentially what this bill provides. It also means the land will be subject to federal laws relating to Indian country. (SEC. 3) The Act specifically prohibits any gaming activities on this land, aligning with the existing covenant between the two Tribes. (SEC. 3)

What Happens Now?

The Secretary of the Interior has 365 days from the Act's enactment to finalize all the paperwork, including any minor tweaks to land surveys. (SEC. 3) This ensures a relatively quick transition to the new protected status. While the bill safeguards the land, it also acknowledges existing agreements and utility rights, meaning current arrangements won't be disrupted. This is a practical step to ensure a smooth implementation without unnecessary complications.

The Bigger Picture

By placing the land in restricted fee status, the bill reinforces Tribal sovereignty and self-determination. It's a step toward recognizing and rectifying historical injustices. While potential future amendments could theoretically alter the gaming prohibition, the current focus is on immediate and lasting protection. This bill provides a clear, legally sound framework for preserving the Wounded Knee site, respecting its historical significance, and empowering the Oglala Sioux and Cheyenne River Sioux Tribes.