Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB105 Compare Versions

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11 II
22 119THCONGRESS
33 1
44 STSESSION S. 105
55 To direct the Secretary of the Interior to complete all actions necessary
66 for certain land to be held in restricted fee status by the Oglala Sioux
77 Tribe and Cheyenne River Sioux Tribe, and for other purposes.
88 IN THE SENATE OF THE UNITED STATES
99 JANUARY15, 2025
1010 Mr. R
1111 OUNDS(for himself and Mr. THUNE) introduced the following bill; which
1212 was read twice and referred to the Committee on Indian Affairs
1313 A BILL
1414 To direct the Secretary of the Interior to complete all actions
1515 necessary for certain land to be held in restricted fee
1616 status by the Oglala Sioux Tribe and Cheyenne River
1717 Sioux Tribe, and for other purposes.
1818 Be it enacted by the Senate and House of Representa-1
1919 tives of the United States of America in Congress assembled, 2
2020 SECTION 1. SHORT TITLE. 3
2121 This Act may be cited as the ‘‘Wounded Knee Mas-4
2222 sacre Memorial and Sacred Site Act’’. 5
2323 SEC. 2. DEFINITIONS. 6
2424 In this Act: 7
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2727 •S 105 IS
2828 (1) RESTRICTED FEE STATUS .—The term ‘‘re-1
2929 stricted fee status’’ means a status in which the 2
3030 Tribal land— 3
3131 (A) shall continue to be owned by the 4
3232 Tribes; 5
3333 (B) shall be part of the Pine Ridge Indian 6
3434 Reservation and expressly made subject to the 7
3535 civil and criminal jurisdiction of the Oglala 8
3636 Sioux Tribe; 9
3737 (C) shall not be transferred without the 10
3838 consent of Congress and the Tribes; 11
3939 (D) shall not be subject to taxation by a 12
4040 State or local government; and 13
4141 (E) shall not be subject to any provision of 14
4242 law providing for the review or approval by the 15
4343 Secretary of the Interior before the Tribes may 16
4444 use the land for any purpose as allowed by the 17
4545 document titled ‘‘Covenant Between the Oglala 18
4646 Sioux Tribe and the Cheyenne River Sioux 19
4747 Tribe’’ and dated October 21, 2022, directly, or 20
4848 through agreement with another party. 21
4949 (2) S
5050 ECRETARY.—The term ‘‘Secretary’’ means 22
5151 the Secretary of the Interior. 23
5252 (3) T
5353 RIBAL LAND.—The term ‘‘Tribal land’’ 24
5454 means the approximately 40 acres (including the 25
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5757 •S 105 IS
5858 surface and subsurface estate, and mineral estate, 1
5959 and any and all improvements, structures, and per-2
6060 sonal property on those acres) on the Pine Ridge In-3
6161 dian Reservation in Oglala Lakota County, at Rural 4
6262 County Road 4, Wounded Knee, South Dakota, and 5
6363 generally depicted as ‘‘Area of Interest’’ on the map 6
6464 entitled ‘‘Wounded Knee Sacred Site and Memorial 7
6565 Land’’ and dated October 26, 2022, which is a seg-8
6666 ment of the December 29, 1890, Wounded Knee 9
6767 Massacre site. 10
6868 (4) T
6969 RIBES.—The term ‘‘Tribes’’ means the 11
7070 Oglala Sioux Tribe and Cheyenne River Sioux Tribe 12
7171 of the Cheyenne River Reservation, both tribes being 13
7272 among the constituent tribes of the Great Sioux Na-14
7373 tion and signatories to the Fort Laramie Treaty of 15
7474 1868 between the United States of America and the 16
7575 Great Sioux Nation, 15 Stat. 635. 17
7676 SEC. 3. LAND HELD IN RESTRICTED FEE STATUS BY THE 18
7777 TRIBES. 19
7878 (a) A
7979 CTION BYSECRETARY.—Not later than 365 20
8080 days after enactment of this Act, the Secretary shall— 21
8181 (1) complete all actions, including documenta-22
8282 tion and minor corrections to the survey and legal 23
8383 description of Tribal land, necessary for the Tribal 24
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8686 •S 105 IS
8787 land to be held by the Tribes in restricted fee status; 1
8888 and 2
8989 (2) appropriately assign each applicable private 3
9090 and municipal utility and service right or agreement 4
9191 with regard to the Tribal land. 5
9292 (b) C
9393 ONDITIONS.— 6
9494 (1) F
9595 EDERAL LAWS RELATING TO INDIAN 7
9696 LAND.—Except as otherwise provided in this Act, 8
9797 the Tribal land shall be subject to Federal laws re-9
9898 lating to Indian country, as defined by section 1151 10
9999 of title 18, United States Code and protected by the 11
100100 restriction against alienation in section 177 of title 12
101101 25, United States Code. 13
102102 (2) U
103103 SE OF LAND.—The Tribal land shall be 14
104104 used for the purposes allowed by the document titled 15
105105 ‘‘Covenant Between the Oglala Sioux Tribe and the 16
106106 Cheyenne River Sioux Tribe’’ and dated October 21, 17
107107 2022. 18
108108 (3) E
109109 NCUMBRANCES AND AGREEMENTS .—The 19
110110 Tribal land shall remain subject to any private or 20
111111 municipal encumbrance, right-of-way, restriction, 21
112112 easement of record, or utility service agreement in 22
113113 effect on the date of the enactment of this Act. 23
114114 (4) G
115115 AMING.—Pursuant to the document titled 24
116116 ‘‘Covenant Between the Oglala Sioux Tribe and the 25
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119119 •S 105 IS
120120 Cheyenne River Sioux Tribe’’ and dated October 21, 1
121121 2022, the Tribal land shall not be used for gaming 2
122122 activity under the Indian Gaming Regulatory Act 3
123123 (25 U.S.C. 2701 et seq.). 4
124124 Æ
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