Wounded Knee Massacre Memorial and Sacred Site Act

The site will become part of the Pine Ridge Indian Reservation, be shielded from state and local taxes, and generally be governed as Indian country.

What the law does ​

• Requires the Interior Secretary to finalize documentation, minor land-description corrections, and applicable utility and service rights within 365 days.
• Keeps the land jointly owned by the Oglala Sioux Tribe and Cheyenne River Sioux Tribe under restricted fee status.
• Places the land under the Oglala Sioux Tribe’s civil and criminal jurisdiction.
• Bars transfers without approval from Congress and both Tribes.
• Limits use to purposes allowed by the Tribes’ October 21, 2022 covenant and prohibits gaming.
• Preserves existing easements, rights-of-way, restrictions, encumbrances, and utility agreements.

Who it affects ​

• The Oglala Sioux Tribe and Cheyenne River Sioux Tribe.
• State and local governments that otherwise might tax or exercise authority over the land.
• People and entities holding existing land-access, utility, or service rights.

Context ​

The protected property includes about 40 acres of land, minerals, improvements, structures, and personal property at the Wounded Knee Massacre site.

Breakdown ​

Wounded Knee Massacre Memorial and Sacred Site Act ​

This law requires the Secretary of the Interior to complete the steps needed for the Oglala Sioux Tribe and Cheyenne River Sioux Tribe to hold about 40 acres at the Wounded Knee Massacre site in restricted fee status. The Tribes will continue to own the land, which will be protected from state and local taxation and generally governed as Indian country. The land must be used according to the Tribes’ 2022 covenant and may not be used for gaming.

Key takeaways

• The law covers about 40 acres at the Wounded Knee Massacre site on the Pine Ridge Indian Reservation, including the land, minerals, improvements, structures, and personal property located there.
• The Secretary of the Interior must complete the necessary documentation, minor survey or legal-description corrections, and assignment of applicable utility and service rights within 365 days after enactment.
• The land will remain owned by both Tribes, become part of the Pine Ridge Indian Reservation, and fall under the Oglala Sioux Tribe’s civil and criminal jurisdiction.
• The land cannot be transferred without the consent of Congress and both Tribes, and state and local governments cannot tax it.
• The Tribes may use the land without prior Interior Department review or approval, but only for purposes allowed by their October 21, 2022 covenant.
• Existing easements, rights-of-way, restrictions, encumbrances, and utility agreements remain in effect, and gaming is prohibited on the land.