Wounded Knee Massacre Memorial and Sacred Site Act
- Bill Number
- S. 105
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Native Americans
- Status
- Introduced
- Latest Action
- 2025-10-02: Placed on Senate Legislative Calendar under General Orders. Calendar No. 176.
- Last Updated
- 2026-06-09T22:00:51Z
AI-Generated Summary
Purpose
The Wounded Knee Massacre Memorial and Sacred Site Act (S. 105) aims to transfer approximately 40 acres of land at the Wounded Knee Massacre site in South Dakota into restricted fee status, owned and controlled by the Oglala Sioux Tribe and Cheyenne River Sioux Tribe. This status protects the land as a sacred site and memorial, ensuring its preservation under tribal jurisdiction while honoring the historical significance of the 1890 massacre.
Key Provisions
- Definitions:
- Restricted fee status: Land owned by the tribes that remains part of the Pine Ridge Indian Reservation, subject to tribal civil and criminal jurisdiction, non-transferable without congressional and tribal consent, exempt from state or local taxes, and usable by the tribes without federal approval (per a 2022 tribal covenant).
- Tribal land: About 40 acres (including surface, subsurface, minerals, improvements, and structures) at Wounded Knee, South Dakota, depicted on a specific map as part of the massacre site.
- Tribes: The Oglala Sioux Tribe and Cheyenne River Sioux Tribe, both part of the Great Sioux Nation and signatories to the 1868 Fort Laramie Treaty.
- Secretary: The Secretary of the Interior.
- Secretary's Responsibilities:
- Within 365 days of enactment, complete all necessary actions (e.g., documentation, survey corrections) to place the land in restricted fee status for the tribes.
- Assign any existing private or municipal utility and service rights or agreements to the tribal land.
- Conditions on the Land:
- Subject to federal laws governing Indian country (defined as areas under federal and tribal jurisdiction) and protected from sale or alienation (transfer of ownership).
- Use limited to purposes outlined in the 2022 "Covenant Between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe."
- Existing private or municipal encumbrances (legal burdens like easements or rights-of-way), restrictions, or utility agreements remain in effect.
- Prohibits use for gaming activities under the Indian Gaming Regulatory Act.
Significant Changes to Existing Law
- Shifts the land from its current status (likely private or non-tribal ownership) to tribal restricted fee status, integrating it explicitly into the Pine Ridge Indian Reservation.
- Introduces protections against state/local taxation and alienation, which were not previously specified for this parcel.
- Exempts tribal uses from Secretary of the Interior approval, streamlining tribal management compared to standard federal oversight of Indian lands.
- Reinforces application of federal Indian country laws (18 U.S.C. § 1151) and anti-alienation protections (25 U.S.C. § 177) to this specific site.
Potential Impacts
- Government Agencies: The Department of the Interior must act promptly (within one year), potentially requiring coordination with surveyors and utilities; this could set a precedent for faster processing of similar tribal land transfers.
- Citizens and Tribes: Enhances tribal sovereignty over a culturally vital site, allowing preservation and commemoration without state interference; local non-tribal residents or businesses with existing utility rights may face minimal disruptions but continued access.
- International Relations: No direct impacts, though it upholds U.S. treaty obligations from 1868, potentially strengthening diplomatic ties with indigenous groups in a broader global context of indigenous rights.
- Broader effects include cultural preservation of a key historical site, limiting development while maintaining public access for memorial purposes as per the tribal covenant.
Main Stakeholders Affected
- Oglala Sioux Tribe and Cheyenne River Sioux Tribe: Primary beneficiaries, gaining ownership and control to protect and manage the sacred site.
- U.S. Department of the Interior: Responsible for implementation, including administrative actions.
- Local Governments and Utilities: Affected by tax exemptions and need to reassign service agreements, but existing rights are preserved.
- Great Sioux Nation Members: Indirectly benefits through recognition of treaty rights and historical reconciliation.
- Historians, Visitors, and the Public: Gains from preserved access to a national historic site without commercialization (e.g., no gaming).
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens tribal jurisdiction under federal Indian law, potentially influencing future land-into-trust decisions (where the U.S. holds land in trust for tribes); upholds the 1868 Fort Laramie Treaty by affirming tribal rights to ancestral lands.
- Constitutional: Aligns with the U.S. Constitution's treaty clause (Article VI), treating treaties as supreme law, and supports the trust responsibility doctrine (federal government's duty to protect tribal interests).
- Political: Represents bipartisan support for indigenous reconciliation (introduced by Senators Rounds and Thune), addressing historical injustices like the Wounded Knee Massacre; could encourage similar legislation for other sacred sites, fostering goodwill with tribal nations amid ongoing debates on land rights and sovereignty.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Recent Actions
- 2025-10-02: Placed on Senate Legislative Calendar under General Orders. Calendar No. 176.
- 2025-10-02: Committee on Indian Affairs. Reported by Senator Murkowski without amendment. With written report No. 119-71.
- 2025-10-02: Committee on Indian Affairs. Reported by Senator Murkowski without amendment. With written report No. 119-71.
- 2025-03-05: Committee on Indian Affairs. Ordered to be reported without amendment favorably.
- 2025-01-15: Read twice and referred to the Committee on Indian Affairs.
- 2025-01-15: Introduced in Senate
Bill Versions
- Wounded Knee Massacre Memorial and Sacred Site Act — issued 2025-01-15 — PDF (5 pages)
- Wounded Knee Massacre Memorial and Sacred Site Act — issued 2025-10-02 — PDF (6 pages)