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.
The bill is significant as it reinforces tribal sovereignty and the right of the Oglala and Cheyenne River Sioux Tribes to govern and manage their own land within the parameters set forth in federal law. Under this designated status, tribal lands will be part of the Pine Ridge Indian Reservation and subject to tribal jurisdiction. It also limits the oversight of the Secretary of the Interior, allowing the tribes greater autonomy in utilizing the land for various non-gaming purposes as specified in the Covenant between the tribes.
SB105, also known as the Wounded Knee Massacre Memorial and Sacred Site Act, is a bill that directs the Secretary of the Interior to take necessary actions to ensure certain land is held in restricted fee status by the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe. The legislation addresses indigenous land claims, particularly concerning the historical site of the Wounded Knee Massacre, and asserts the tribes' jurisdiction over the land. The bill aims to enhance protections for the land by affording it a status that prevents its transfer without congressional consent while also ensuring it remains free from state and local taxation.
Notable points of contention surrounding SB105 may arise from discussions about the broader implications of restricted fee land designations, particularly in relation to potential economic development opportunities and the nature of tribal governance. While proponents argue that the bill strengthens the tribes' rights, opponents may express concerns about restrictions on land use and the impact on local economic activities. The balance between protecting sacred sites and fostering economic progress is a recurring theme in deliberations over such legislative measures, which may create divisions among stakeholders.