HR 165: Wounded Knee Massacre Memorial and Sacred Site Act

HR 165 in plain English: This law directs the Department of the Interior to place approximately 40 acres in Oglala Lakota County, South Dakota, into restricted fee status for the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe. The land must be preserved as a memorial and sacred site, following a 2022 covenant between the two tribes. Commercial development and gaming are prohibited on the land.

Stated purpose

This act directs the Department of the Interior to place approximately 40 acres of land at the Wounded Knee site in South Dakota into restricted fee status for the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe, so the land can be held and maintained as a memorial and sacred site.

Key points

• Places approximately 40 acres in Oglala Lakota County, South Dakota, into restricted fee status for two Sioux tribes.
• Land must be held as a memorial and sacred site per a covenant signed October 21, 2022.
• Prohibits any commercial development or gaming activity on the land.
• Restricts the land from being sold, transferred, or encumbered under federal law.

Arguments supporters make

• The site of the 1890 Wounded Knee Massacre holds deep historical and spiritual significance for Lakota people, and placing it under tribal stewardship honors that meaning and supports healing.
• The two tribes themselves agreed through a formal covenant on how the land will be used, showing this is a tribally led effort rather than one imposed from outside.
• Protections against commercial development and gaming ensure the land is preserved as a memorial in perpetuity, consistent with its historical importance.

Arguments opponents make

• Placing land into restricted fee status removes it from state and local tax rolls, which could reduce revenue available to Oglala Lakota County, one of the poorest counties in the nation.
• Some may question whether Congress should be directing Interior to complete a specific land transfer for named tribes through legislation rather than through the existing federal trust land process, raising concerns about precedent.
• The covenant governing land use is a separate tribal document not fully reproduced in the law, meaning the public and future policymakers must rely on an outside agreement to understand exactly how the land may or may not be used.

Tradeoffs

Granting the tribes permanent, protected ownership of this historically significant land means the site cannot be developed or taxed, trading potential local economic or fiscal flexibility for long-term preservation and tribal control of a sacred site.

Current status in Congress: Became law.

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