Wounded Knee Massacre Memorial and Sacred Site Act

To direct the Secretary of the Interior to complete all actions necessary for certain land to be held in restricted fee status by the Oglala Sioux Tribe and Cheyenne River Sioux Tribe, and for other purposes. 1. Short title This Act may be cited as the Wounded Knee Massacre Memorial and Sacred Site Act 2. Definitions In this Act: (1) Restricted fee status The term restricted fee status (A) shall continue to be owned by the Tribes; (B) shall be part of the Pine Ridge Indian Reservation and expressly made subject to the civil and criminal jurisdiction of the Oglala Sioux Tribe; (C) shall not be transferred without the consent of Congress and the Tribes; (D) shall not be subject to taxation by a State or local government; and (E) shall not be subject to any provision of law providing for the review or approval by the Secretary of the Interior before the Tribes may use the land for any purpose as allowed by the document titled Covenant Between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe (2) Secretary The term Secretary (3) Tribal land The term Tribal land Area of Interest Wounded Knee Sacred Site and Memorial Land (4) Tribes The term Tribes 3. Land held in restricted fee status by the Tribes (a) Action by secretary Not later than 365 days after enactment of this Act, the Secretary shall— (1) complete all actions, including documentation and minor corrections to the survey and legal description of Tribal land, necessary for the Tribal land to be held by the Tribes in restricted fee status; and (2) appropriately assign each applicable private and municipal utility and service right or agreement with regard to the Tribal land. (b) Conditions (1) Federal laws relating to Indian land Except as otherwise provided in this Act, the Tribal land shall be subject to Federal laws relating to Indian country, as defined by section 1151 of title 18, United States Code and protected by the restriction against alienation in section 177 of title 25, United States Code. (2) Use of land The Tribal land shall be used for the purposes allowed by the document titled Covenant Between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe (3) Encumbrances and agreements The Tribal land shall remain subject to any private or municipal encumbrance, right-of-way, restriction, easement of record, or utility service agreement in effect on the date of the enactment of this Act. (4) Gaming Pursuant to the document titled Covenant Between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe 25 U.S.C. 2701 et seq.

Summary: Wounded Knee Massacre Memorial and Sacred Site Act This bill directs the Department of the Interior to complete all actions necessary to place approximately 40 acres of land in Oglala Lakota County, South Dakota, into restricted fee status for the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe. Restricted fee status refers to land that is owned by a tribe or tribal member but is subject to restrictions by the United States against alienation (i.e., sale or transfer) or encumbrance (e.g., liens, leases, or rights-of-way) by operation of law. The bill requires the land to be held and maintained as a memorial and sacred site, as outlined by the document titled Covenant Between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe and dated October 21, 2022. Further, it prohibits commercial development and gaming activity on the land.