I 
118TH CONGRESS 
1ST SESSION H. R. 3371 
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. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 16, 2023 
Mr. JOHNSON of South Dakota introduced the following bill; which was 
referred to the Committee on Natural Resources 
A BILL 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Wounded Knee Mas-
sacre Memorial and Sacred Site Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) RESTRICTED FEE STATUS.—The term ‘‘re-
stricted fee status’’ means a status in which the 
Tribal land— 
(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’’ and dated October 21, 2022, directly, or 
through agreement with another party. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(3) TRIBAL
LAND.—The term ‘‘Tribal land’’ 
means the approximately 40 acres (including the 
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surface and subsurface estate, and mineral estate, 
and any and all improvements, structures, and per-
sonal property on those acres) on the Pine Ridge In-
dian Reservation in Oglala Lakota County, at Rural 
County Road 4, Wounded Knee, South Dakota, and 
generally depicted as ‘‘Area of Interest’’ on the map 
entitled ‘‘Wounded Knee Sacred Site and Memorial 
Land’’ and dated October 26, 2022, which is a seg-
ment of the December 29, 1890, Wounded Knee 
Massacre site. 
(4) TRIBES.—The term ‘‘Tribes’’ means the 
Oglala Sioux Tribe and Cheyenne River Sioux Tribe 
of the Cheyenne River Reservation, both tribes being 
among the constituent tribes of the Great Sioux Na-
tion and signatories to the Fort Laramie Treaty of 
1868 between the United States of America and the 
Great Sioux Nation, 15 Stat. 635. 
SEC. 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 documenta-
tion and minor corrections to the survey and legal 
description of Tribal land, necessary for the Tribal 
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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 re-
lating 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’’ and dated October 21, 
2022. 
(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 
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Cheyenne River Sioux Tribe’’ and dated October 21, 
2022, the Tribal land shall not be used for gaming 
activity under the Indian Gaming Regulatory Act 
(25 U.S.C. 2701 et seq.). 
Æ 
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