Wounded Knee Massacre Memorial and Sacred Site Act

Bill: 118-hr-3371
Sponsor: full_name: Rep. Johnson, Dusty [R-SD-At Large]
Introduced: 2023-05-16
Policy area: Native Americans
Subjects: Federal-Indian relations

Indian lands and resources rights

Land transfers

South Dakota

State and local taxation
Latest action: action_date: 2023-09-21
text: Received in the Senate and Read twice and referred to the Committee on Indian Affairs.

Summaries:
action_date: 2023-05-16
action_desc: Introduced in House
text: <p><b>Wounded Knee Massacre Memorial and Sacred Site Act</b></p> <p>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. <i>Restricted fee status</i> 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.</p> <p>The bill requires the land to be held and maintained as a memorial and sacred site, as outlined by the document titled<i> Covenant Between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe</i> and dated October 21, 2022. Further, it prohibits commercial development and gaming activity on the land.</p>

action_date: 2023-09-14
action_desc: Reported to House
text: <p><b>Wounded Knee Massacre Memorial and Sacred Site Act</b></p> <p>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. <i>Restricted fee status</i> 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.</p> <p>The bill requires the land to be held and maintained as a memorial and sacred site, as outlined by the document titled<i> Covenant Between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe</i> and dated October 21, 2022. Further, it prohibits commercial development and gaming activity on the land.</p>

action_date: 2023-09-20
action_desc: Passed House
text: <p><b>Wounded Knee Massacre Memorial and Sacred Site Act</b></p> <p>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. <i>Restricted fee status</i> 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.</p> <p>The bill requires the land to be held and maintained as a memorial and sacred site, as outlined by the document titled<i> Covenant Between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe</i> and dated October 21, 2022. Further, it prohibits commercial development and gaming activity on the land.</p>

tv_txt: IIB 118th CONGRESS 1st Session H. R. 3371 IN THE SENATE OF THE UNITED STATES September 21, 2023 Received; read twice and referred to the Committee on Indian Affairs AN 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 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. ).

Passed the House of Representatives September 20, 2023. Kevin F. McCumber, Clerk.

tv_txt: IB 118th CONGRESS 1st Session H. R. 3371 IN THE HOUSE OF REPRESENTATIVES AN 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 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. ).

Passed the House of Representatives September 20, 2023. Cheryl L. Johnson, Clerk.

tv_txt: IB Union Calendar No. 160 118th CONGRESS 1st Session H. R. 3371 [Report No. 118–197] 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 September 14, 2023 Additional sponsor: Mr. LaMalfa September 14, 2023 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed 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. ).

September 14, 2023 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

tv_txt: I 118th CONGRESS 1st Session H. R. 3371 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.

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. ).