II 118th CONGRESS 1st Session S. 2088 IN THE SENATE OF THE UNITED STATES June 21, 2023 Mr. Rounds (for himself and Mr. Thune ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs 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.

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 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 surface and subsurface estate, and mineral estate, and any and all improvements, structures, and personal property on those acres) on the Pine Ridge Indian 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 segment 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 Nation and signatories to the Fort Laramie Treaty of 1868 between the United States of America and the Great Sioux Nation, 15 Stat. 635. 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 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 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. ).