Return Wounded Knee Site To Tribal Control

Summary#

This law directs the Secretary of the Interior to put about 40 acres at Wounded Knee, South Dakota, into "restricted fee" ownership for the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe. The main change is to make that land formally part of the Pine Ridge Reservation, give the Tribes strong control over its use, and remove some federal approval steps for the Tribes. The policy goal is to protect and manage a segment of the Wounded Knee Massacre site as a sacred site and memorial under tribal control.

• Main change: About 40 acres identified as the Wounded Knee sacred site will be held in restricted fee status by the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe.
• Who is affected: The two Tribes, the Department of the Interior (Secretary), holders of existing easements or utility agreements, and state/local governments in South Dakota.
• Key legal effects: The land will be part of the Pine Ridge Reservation, subject to tribal civil and criminal jurisdiction, not taxable by state or local governments, not transferrable without consent of Congress and the Tribes, and not usable for Indian gaming under federal gaming law.
• Existing rights kept: Any private or municipal encumbrance, right-of-way, easement, or utility agreement already in place stays in effect.
• Timing: The Secretary must finish required actions, including survey corrections and documentation, within 365 days after the law takes effect.
• What is unclear: The law does not clearly say how federal reviews such as historic preservation, environmental reviews, or other federal approval requirements (except the specified Secretary review) will apply to future uses not covered by the cited Tribal covenant.

What it means for you#

• Tribes

  • The Oglala Sioux Tribe and Cheyenne River Sioux Tribe will hold the land in restricted fee status and control its use under a previously agreed Covenant dated October 21, 2022.
  • Tribal civil and criminal laws will apply on this land (tribal courts and law enforcement jurisdiction).
  • The land cannot be sold or transferred without consent of Congress and the Tribes.

• Local governments and taxpayers

  • The land will not be subject to state or local taxation. This may reduce local property-tax revenues for that parcel.
  • Local governments must continue to honor existing easements, rights-of-way, and utility agreements that were in effect when the law was enacted.

• Utilities and private easement holders

  • Current private and municipal utility and service rights stay in place. The Secretary must assign those rights appropriately when completing the transfer paperwork.

• Department of the Interior

  • The Interior must complete surveys, legal descriptions, documentation, and assignment of utility/service rights for the land within one year.

• Visitors and the general public

  • Management and use of the Wounded Knee memorial land will be governed by the Tribes under the Covenant. This could affect access, memorial activities, or site management practices in ways the Tribes determine.

Expenses#

No publicly available information.

• The law itself does not include a published fiscal note in the materials provided here.
• This will likely cause administrative costs for the Department of the Interior to complete surveys, update records, and assign utility agreements; however, no dollar estimates are given in the available material.
• Local governments may see lower property tax revenue for that parcel because the land will not be taxable by state or local government.
• There may be compliance or legal costs tied to clarifying or implementing existing easements and municipal service agreements; the law keeps those agreements in force but does not estimate costs.

Proponents' View#

• The bill appears intended to return control of a sacred and historic portion of the Wounded Knee site to the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe.
• A possible argument for the bill is that it strengthens tribal sovereignty over land that is culturally and historically important to the Tribes.
• The law could be seen as protecting the site from sale or development by placing it in restricted fee status and by forbidding gaming on the parcel.
• Making the land part of the Pine Ridge Reservation and removing certain Secretary pre-approval requirements (for uses allowed by the Covenant) could allow the Tribes to manage the memorial and sacred site more directly and efficiently.

Opponents' View#

• One concern is that the law does not clearly say how federal reviews (for example, environmental reviews or federal historic-preservation reviews) will apply to future uses beyond what the Tribal Covenant allows.
• One concern is potential loss of local tax revenue and related impacts on municipal budgets, since the land will be exempt from state and local taxation.
• One concern is practical complications over existing easements, rights-of-way, or municipal services; the law keeps those in place but provides limited detail on how disputes or transfers of service responsibility will be resolved.
• One concern is that removing certain Secretary approval requirements for uses allowed by the Covenant may reduce federal oversight in ways some parties may want to see retained; the law does not fully describe the scope of that change.