Wounded Knee Massacre Memorial and Sacred Site Act
Impact
If enacted, SB2088 would have a significant impact on tribal land rights, enhancing the jurisdiction and controlling authority of the Oglala Sioux and Cheyenne River Sioux Tribes over this historically significant site. This measure would prevent the misuse or alienation of the land, ensuring it is maintained for the tribes and respecting the cultural and historical importance associated with the Wounded Knee Massacre. The bill directly aligns with federal laws regarding tribal lands, reinforcing the autonomy of the tribes in managing their respective affairs without encroachment from non-tribal entities.
Summary
SB2088, known as the Wounded Knee Massacre Memorial and Sacred Site Act, is a legislative measure aimed at preserving and recognizing specific land as restricted fee status for the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe. The bill defines 'restricted fee status' in such a way that the land, approximately 40 acres located in Wounded Knee, South Dakota, shall remain under the ownership of the tribes. It will be free from state or local taxation, thus safeguarding the land’s status and the tribes’ rights over it, particularly when it comes to civil and criminal jurisdiction.
Sentiment
The general sentiment around SB2088 appears to be supportive among indigenous groups and tribal leaders, as it represents a step toward acknowledging and rectifying historical injustices. However, there may be concerns from certain state and local entities regarding the implications of restricted fee status and the potential limitations it imposes on external stakeholders. The act is generally viewed positively by those advocating for indigenous rights and preservation.
Contention
One notable point of contention surrounding SB2088 is the specific implications of the restricted fee status as defined in the bill. While proponents see it as a means of preserving tribal sovereignty and protecting culturally significant land, some critics may argue that such actions could restrict future economic development opportunities that could be pursued on or near the site, especially if the land were to be used for business ventures. The balance between establishing protected status and allowing for economic growth remains a critical discussion point as the bill moves forward.
Wounded Knee Massacre Memorial and Sacred Site Act 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. Restricted fee status 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. The bill requires the land to be held and maintained as a memorial and sacred site, as outlined by the document titled Covenant Between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe and dated October 21, 2022. Further, it prohibits commercial development and gaming activity on the land.
Wounded Knee Massacre Memorial and Sacred Site Act 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. Restricted fee status 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. The bill requires the land to be held and maintained as a memorial and sacred site, as outlined by the document titled Covenant Between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe and dated October 21, 2022. Further, it prohibits commercial development and gaming activity on the land.