I
103D CONGRESS
1ST SESSION
H. R. 2435
To authorize the establishment of the Wounded Knee National Memorial
Park and the Wounded Knee National Memorial in the State of South
Dakota, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 16, 1993
Mr. JOHNSON of South Dakota introduced the following bill; which was
referred to the Committee on Natural Resources
A BILL
To authorize the establishment of the Wounded Knee Na-
tional Memorial Park and the Wounded Knee National
Memorial in the State of South Dakota, 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 Na-
tional Memorial Park and Memorial Establishment Act of
1993’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds that—
(1) in December 1890, approximately 350–75
Sioux men, women and children under the leadership
of Chief Big Foot journeyed from the Cheyenne
River Indian Reservation to the Pine Ridge Indian
Reservation on the invitation of Chief Red Cloud to
help make peace between Indians and non-Indians;
(2) the journey of Chief Big Foot and his band
of Minneconjou Sioux occurred during the Ghost
Dance period when extreme hostility existed between
Sioux Indians and non-Indians residing near the
Sioux reservations, and the United States Army as-
sumed control of the Sioux reservations;
(3) Chief Big Foot and his band were inter-
cepted on the Pine Ridge Indian Reservation at Por-
cupine Butte by Major Whitside, and surrendered
unconditionally under a white flag of truce and were
escorted to Wounded Knee Creek where Colonel
Forsyth assumed command;
(4) on December 29, 1890, an incident occurred
in which soldiers under Colonel Forsyth’s command
killed and wounded over 300 members of Chief Big
Foot’s band, almost all of whom were unarmed and
entitled to protection of their rights to property, per-
son and life under Federal law (see 19 Stat. 254,
Art. 8);
(5) the 1890 Wounded Knee Massacre is a his-
torically significant event in that it marks the last
military encounter of the Indian wars period;
(6) the Congress apologized to the Sioux people
for the 1890 Massacre in Senate Concurrent Resolu-
tion No. 153 of the 101st Congress and stated
therein that Congress:
(A) ‘‘expresses its support for the estab-
lishment of a suitable and appropriate Memo-
rial to those who were so tragically slain at
Wounded Knee which could inform the Amer-
ican public of the historic significance of the
events at Wounded Knee and accurately portray
the heroic and courageous campaign waged by
the Sioux people to preserve and protect their
lands and their way of life during this period’’;
and
(B) ‘‘hereby expresses its commitment to
acknowledge and learn from our history, includ-
ing the Wounded Knee Massacre, in order to
provide a proper foundation for building an ever
more humane, enlightened, and just society for
the future’’;
(7) the Wounded Knee Massacre site and sites
relating to the 1890 Wounded Knee Massacre on the
Cheyenne River Indian Reservation and Pine Ridge
Indian Reservation are nationally, significant cul-
tural and historic sites that must be protected
through the designation of the sites as a national
memorial park; and
(8) the Wounded Knee Massacre is a nationally
significant event that must be memorialized through
the erection of a suitable and appropriate memorial
to the Indian victims.
(b) PURPOSES.—The Congress declares that the pur-
poses of this Act are to—
(1) establish the Chief Big Foot National Me-
morial Park consisting of—
(A) the 1890 Wounded Knee Massacre
site, and sites relating to the massacre located
on the Pine Ridge Indian Reservation, which
shall be referred to as the ‘‘south unit’’; and
(B) sites relating to the 1890 Wounded
Knee Massacre located on the Cheyenne River
Indian Reservation, which shall be referred to
as the ‘‘north unit’’;
(2) erect suitable and appropriate structures
within the national memorial park to memorialize
the Indian victims of the 1890 Wounded Knee Mas-
sacre; and
(3) authorize feasibility studies to—
(A) establish Chief Big Foot’s route from
the Cheyenne River Indian Reservation to
Wounded Knee as a national historic trail;
(B) establish visitor centers on Interstate
90 at Cactus Flats and on the Cheyenne River
Indian Reservation; and
(C) establish a scenic two-lane highway
called the ‘‘Crazy Horse Memorial Highway’’
from Interstate 90 to Wounded Knee, and west-
ward from Wounded Knee to Highway 79.
SEC. 3. ESTABLISHMENT OF WOUNDED KNEE NATIONAL
MEMORIAL PARK.
(a) ESTABLISHMENT.—There is established a na-
tional memorial park to be known as the ‘‘Wounded Knee
National Memorial Park’’. The park shall consist of all
tribal lands acquired by the Secretary for that purpose
pursuant to sections 4 and 5.
(b) EFFECTIVE DATE.—Subsection (a) shall take ef-
fect on the date of publication by the Secretary, pursuant
to section 4, of a notice that the Secretary has accepted
the leasehold interests that meet the requirements of this
Act.
SEC. 4. ACQUISITION OF LANDS FOR WOUNDED KNEE NA-
TIONAL MEMORIAL PARK.
(a) AUTHORITY OF SECRETARY.—(1) If not later
than 36 months after the date of enactment of this Act,
the Oglala Sioux Tribe, after consultation with the Bureau
of Indian Affairs, offers to the Secretary a leasehold inter-
est in tribal trust lands located on the Pine Ridge Indian
Reservation meeting the requirements of this Act, the Sec-
retary shall accept such leasehold on behalf of the Na-
tional Park Service and publish in the Federal Register
a notice of such acceptance.
(2) Within 12 months after the date the Secretary
first accepts a leasehold interest in trust lands on the Pine
Ridge Indian Reservation under paragraph (1), the Chey-
enne River Sioux Tribe, after consultation with the Sec-
retary, may offer to the Secretary a leasehold interest in
tribal trust lands located on the Cheyenne River Indian
Reservation meeting the requirements of this Act. The
Secretary shall accept such leasehold on behalf of the Na-
tional Park Service and publish in the Federal Register
a notice of such acceptance.
(b) REQUIREMENTS FOR ACCEPTANCE OF LEASE-
HOLD INTERESTS.—The Secretary shall accept a leasehold
of any tribally owned lands under subsection (a) of this
section if such leasehold—
(1) would continue for a period of at least 99
years;
(2) would require no rentals or other payments
by the United States to the Cheyenne River Sioux
Tribe, the Oglala Sioux Tribe, or any other party,
except for the allocation of fees as provided in sec-
tion 5(d)(2)(A); and
(3) would be applicable to—
(A) no less than 40 acres located within
the Pine Ridge Indian Reservation, including
but not limited to the Wounded Knee Massacre
grave site and other lands identified in the
1990 boundaries studies authorized by the Na-
tional Park Service, as the Director of the Na-
tional Park Service, in consultation with the
Oglala Sioux Tribal Council, would deem nec-
essary to include in the park; and
(B) no less than 40 acres located within
the Cheyenne River Indian Reservation, includ-
ing but not limited to sites related to the 1890
Wounded Knee Massacre, as the Director of the
National Park Service, in consultation with the
Cheyenne River Tribal Council, would deem
necessary to include in the park.
(c) BUFFER ZONE.—The Secretary shall establish, in
consultation with the Cheyenne River Sioux Tribal Council
or the Oglala Sioux Tribal Council, a buffer zone around
the tribal lands leased to the Secretary under subsection
(b).
(d) ACQUISITION OF PRIVATELY HELD LANDS.—(1)
The Secretary may acquire by purchase, donation, con-
demnation, or otherwise, all surface and subsurface rights
to any tract of fee patented land which the Director of
the National Park Service, in consultation with the Oglala
Sioux Tribal Council, shall deem necessary to include in
the park located within the Pine Ridge Indian Reserva-
tion. All lands acquired by the Secretary under this sub-
section shall be taken in the name of the United States
in trust for the Oglala Sioux Tribe and shall be subject
to lease under subsections (a)(1) and (b).
(2) The Secretary shall provide all assistance nec-
essary, including financial assistance, to the Oglala Sioux
Tribe in acquiring lands within the Wounded Knee Mas-
sacre site as defined in the 1990 boundaries studies au-
thorized by the National Park Service. Financial assist-
ance shall include all costs associated with the relocation
of businesses, homes and other structures of persons who
may wish to sell or exchange their lands with the tribe.
All lands acquired by the tribe pursuant to this section
shall be taken in the name of the United States in trust
for the Oglala Sioux Tribe. The period of trust on all lands
acquired by the tribe shall continue until otherwise pro-
vided by Congress.
(e) MAP.—As soon as possible after the publication
of the first notice of acceptance pursuant to subsection
(a), the Secretary shall prepare a map of the park and
shall provide copies of such map to the Committee on Nat-
ural Resources of the House of Representatives, the Com-
mittee on Energy and Natural Resources and the Commit-
tee on Indian Affairs of the Senate, the Cheyenne River
Sioux Tribe, and the Oglala Sioux Tribe.
(f) BOUNDARY ADJUSTMENTS.—The Secretary, after
consultation with the Advisory Commission and with the
agreement of the Cheyenne River Sioux Tribal Council
and the Oglala Sioux Tribal Council, may make minor re-
visions in the boundary of the park. Prior to making any
such revision, the Secretary shall provide notice of the pro-
posed changes in the boundary to the Committee on Natu-
ral Resources of the House of Representatives, the Com-
mittee on Energy and Natural Resources and the Commit-
tee on Indian Affairs of the Senate, the Cheyenne River
Sioux Tribe, and the Oglala Sioux Tribe. No such revision
shall take effect until after the expiration of 60 days fol-
lowing the date on which such notice was provided to such
committees and tribes. After the effective date of any such
revision, the Secretary shall prepare a revised map of the
park, copies of which shall be provided to such committees,
the Cheyenne River Sioux Tribe, and the Oglala Sioux
Tribe.
SEC. 5. MANAGEMENT.
(a) PURPOSES.—(1) The Secretary, acting through
the Director of the National Park Service, and in consulta-
tion with the Advisory Commission, shall manage the
lands covered by any leasehold accepted by the Secretary
pursuant to section 3 as a unit of the National Park Sys-
tem consistent with the provisions of this Act, and the Act
of August 25, 1916 (16 U.S.C. 1 et seq.) and the Act
of August 21, 1935 (16 U.S.C. 461).
(2) The Secretary shall protect, manage and admin-
ister the park for all the purposes contained in this Act,
and particularly for the purpose of protecting the histori-
cal significance of the 1890 Wounded Knee Massacre site,
and protecting and promoting Sioux history and culture.
(3) In implementing this Act, the Secretary shall fully
cooperate with the Cheyenne River Sioux Tribe and Oglala
Sioux Tribe.
(b) JURISDICTION.—(1) The Secretary may enter
into agreements, including cross deputization agreements,
with the Cheyenne River Sioux Tribe and the Oglala Sioux
Tribe for the purpose of law enforcement within the park.
(2) Nothing contained in this Act is intended to in-
crease the criminal and civil jurisdiction of the State of
South Dakota on the Cheyenne River Indian Reservation
or the Pine Ridge Indian Reservation.
(3) Nothing contained in this Act is intended to in-
crease the criminal or civil jurisdiction of the Cheyenne
River Sioux Tribe over the Pine Ridge Indian Reservation
or the criminal or civil jurisdiction of the Oglala Sioux
Tribe over the Cheyenne River Indian Reservation.
(c) CONSULTATION.—The Secretary, acting through
the Director of the National Park Service, shall consult
not less than 4 times each year with the Advisory Commis-
sion. The Advisory Commission shall advise the Secretary
on the management, operation and maintenance of the
park.
(d) FEES.—(1) All enrolled members of the—
(A) Cheyenne River Sioux Tribe;
(B) Crow Creek Sioux Tribe;
(C) Devils Lake Sioux Tribe;
(D) Flandreau Santee Sioux Tribe;
(E) Lower Brule Sioux Tribe;
(F) Lower Sioux Tribe of Minnesota;
(G) Oglala Sioux Tribe;
(e) TRAINING.—In furtherance of the purposes stated
in section 2(b), and after consultation with the Advisory
Commission, the Secretary is authorized to enter into co-
operative agreements with the Cheyenne River Sioux Tribe
and the Oglala Sioux Tribe for the purpose of providing
training to tribal members on the interpretation, manage-
ment, protection and preservation of historical properties
and in the provision of public services on the Cheyenne
River Indian Reservation and the Pine Ridge Indian Res-
ervation needed for the fulfillment of the purposes of this
Act.
(f) PREFERENCE.—To the extent feasible and per-
missible under existing law, the Secretary shall give pref-
erence to employing qualified members of the Cheyenne
River Sioux Tribe and the Oglala Sioux Tribe in the devel-
opment, interpretation and management of the park, and
in carrying out other activities related to the park.
SEC. 6. ESTABLISHMENT OF WOUNDED KNEE NATIONAL
MEMORIAL; FEASIBILITY STUDIES.
(a) ESTABLISHMENT OF WOUNDED KNEE NATIONAL
MEMORIAL.—The Secretary, after consultation with the
Wounded Knee Survivors Associations of the Cheyenne
River Indian Reservation and the Pine Ridge Indian Res-
ervation, shall plan, design, and construct a suitable and
appropriate memorial dedicated to the Indian victims of
the 1890 Wounded Knee Massacre. The memorial shall
be known as the ‘‘Wounded Knee National Memorial’’ and
shall consist of—
(1) a structure located within the boundaries of
the south unit of the park; and
(2) a related structure located within the
boundaries of the north unit of the park.
(b) UPKEEP AND REPAIR OF MEMORIAL AND RELAT-
ED STRUCTURE.—The Secretary, acting through the Di-
rector of the National Park Service, and in consultation
with the Advisory Commission, shall be responsible for the
operation, maintenance, upkeep, and repair of the memo-
rial, and the related structure located on the Cheyenne
River Reservation.
(c) FEASIBILITY STUDIES FOR CHIEF BIG FOOT NA-
TIONAL HISTORICAL TRAIL, CACTUS FLATS/CHEYENNE
RIVER INDIAN RESERVATION VISITOR CENTERS, AND
CRAZY HORSE MEMORIAL HIGHWAY.—(1) The Secretary,
after consultation with the Advisory Commission, shall
complete feasibility studies to—
(A) establish and mark the route taken by
Chief Big Foot and his band from the Cheyenne
River Reservation to Wounded Knee as a national
historic trail;
(B) establish an information/orientation center
on Interstate 90 at Cactus Flats and a visitor center
on the Cheyenne River Indian Reservation; and
(C) build a scenic two lane highway called the
‘‘Crazy Horse Memorial Highway’’ from Interstate
90 to Wounded Knee, and westward from Wounded
Knee to Highway 79.
(2) The feasibility studies required under paragraph
(1) shall be completed and submitted to Congress within
365 days following the date of enactment of this Act.
SEC. 7. FEDERAL CONSISTENCY.
(a) FEDERAL ACTIONS.—The head of any Federal
agency conducting or supporting activities directly or indi-
rectly affecting the park shall—
(1) consult with, cooperate with, and, to the
maximum extent practicable, coordinate its activities
with, the Secretary and the Advisory Commission;
and
(2) conduct or support such activities in a man-
ner which—
(A) to the maximum extent practicable is
consistent with the standards and criteria es-
tablished pursuant to the park plan required by
section 9; and
(B) will not have a significant adverse ef-
fect on the resources or values of the park, as
determined by the Secretary.
(b) PERMITS.—No Federal agency may issue any li-
cense or permit to any persons to conduct any activity
within the park which could affect the resources or values
of the park unless the Secretary determines that any such
proposed activity within the park will be conducted in a
manner consistent with the standards and criteria estab-
lished pursuant to the park plan, and wherever occurring
will not have a significant adverse effect on the resources
or values of the park.
(c) LIMITATION.—The provisions of this section shall
apply only with respect to activities commencing and li-
censes or permits issued after the date of enactment of
this Act.
SEC. 8. ESTABLISHMENT OF WOUNDED KNEE NATIONAL
MEMORIAL PARK ADVISORY COMMISSION.
(a) ESTABLISHMENT.—(1) There is established with-
in the Department of the Interior a commission to be
known as the ‘‘Wounded Knee National Memorial Park
Advisory Commission’’ which shall advise regularly the Di-
rector of the National Park Service on the planning, man-
agement, and administration of the park. The Advisory
Commission shall consist of the President of the Cheyenne
River Sioux Tribe; the President of the Oglala Sioux
Tribe; the Governor of the State of South Dakota; the
President of the Wounded Knee District Council; the
President of the Wounded Knee Sub-community; the
President of the Cheyenne River Wounded Knee Survivors
Association; the President of the Pine Ridge Wounded
Knee Survivors Association; the Director of the National
Park Service; the Secretary of the Smithsonian Institu-
tion; the State Historic Preservation Officers of the States
of Nebraska and South Dakota (or their designees); and
two members appointed by the Secretary from rec-
ommendations made by the Cheyenne River Sioux Tribal
Council and the Oglala Sioux Tribal Council.
(2) The Advisory Commission may employ an admin-
istrative director who shall be appointed by the Advisory
Commission and paid at a rate not to exceed the rate of
pay payable for grade GS–12 of the General Schedule.
(3) The administrative director of the Advisory Com-
mission may be appointed without regard to the provisions
of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard
to the provisions of chapter 1, and subchapter III of chap-
ter 52 of such title relating to classification and General
Schedule pay rates, except that the individual so appointed
may not receive pay in excess of the annual rate of basic
pay payable for grade GS–12 of the General Schedule.
(4) The Administrator of General Services shall pro-
vide to the Advisory Commission on a reimbursable basis
such administrative support services as the Advisory Com-
mission may request.
(b) TERMS.—The terms of members of the Advisory
Commission appointed by the Secretary from rec-
ommendations made by the Cheyenne River Sioux Tribal
Council and the Oglala Sioux Tribal Council shall be four
years, except that a member may continue to serve until
a successor is appointed. A vacancy in the Advisory Com-
mission shall be filled in the manner in which the original
appointment was made. The Advisory Commission shall
exist for the duration of the leasehold accepted by the Sec-
retary pursuant to section 3, and any extension or renew-
als thereof.
(c) EXPENSES.—The non-Federal members of the
Advisory Commission appointed pursuant to subsection
(a) while away from their homes or regular places of busi-
ness in the performance of services for the Advisory Com-
mission, shall be allowed travel and all other related
expenses, including per diem in lieu of subsistence, in the
same manner as persons employed intermittently in Gov-