HR165
Signed into law
Wounded Knee Massacre Memorial and Sacred Site Act
- Federal
- House
- Introduced Jan 3, 2025
- Session 119
Bill Text
Version ENRThis Act may be cited as the Wounded Knee Massacre Memorial and Sacred Site Act.
In this Act:
The term restricted fee status means a status in which the Tribal land—
shall continue to be owned by the Tribes;
shall be part of the Pine Ridge Indian Reservation and expressly made subject to the civil and criminal jurisdiction of the Oglala Sioux Tribe;
shall not be transferred without the consent of Congress and the Tribes;
shall not be subject to taxation by a State or local government; and
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.
The term Secretary means the Secretary of the Interior.
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.
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.
Not later than 365 days after enactment of this Act, the Secretary shall—
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
appropriately assign each applicable private and municipal utility and service right or agreement with regard to the Tribal 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.
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.
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.
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.).
In this Act:
The term restricted fee status means a status in which the Tribal land—
shall continue to be owned by the Tribes;
shall be part of the Pine Ridge Indian Reservation and expressly made subject to the civil and criminal jurisdiction of the Oglala Sioux Tribe;
shall not be transferred without the consent of Congress and the Tribes;
shall not be subject to taxation by a State or local government; and
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.
The term Secretary means the Secretary of the Interior.
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.
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.
Not later than 365 days after enactment of this Act, the Secretary shall—
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
appropriately assign each applicable private and municipal utility and service right or agreement with regard to the Tribal 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.
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.
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.
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.).
Legislative Timeline
25 actions-
Signed by President.
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Signed by President.
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Became Public Law No: 119-61.
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Became Public Law No: 119-61.
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Presented to President.
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Presented to President.
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Message on Senate action sent to the House.
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Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.
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Passed Senate without amendment by Unanimous Consent. (consideration: CR S8685)
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Committee on Indian Affairs. Reported by Senator Murkowski without amendment. With written report No. 119-72.
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Committee on Indian Affairs. Reported by Senator Murkowski without amendment. With written report No. 119-72.
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Placed on Senate Legislative Calendar under General Orders. Calendar No. 177.
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Committee on Indian Affairs. Ordered to be reported without amendment favorably.
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Received in the Senate and Read twice and referred to the Committee on Indian Affairs.
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Considered as unfinished business. (consideration: CR H285)
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Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 416 - 0 (Roll no. 22). (text: 1/21/2025 CR H246-247)
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On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 416 - 0 (Roll no. 22). (text: 1/21/2025 CR H246-247)
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Motion to reconsider laid on the table Agreed to without objection.
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Mr. Westerman moved to suspend the rules and pass the bill.
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Considered under suspension of the rules. (consideration: CR H246-248)
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DEBATE - The House proceeded with forty minutes of debate on H.R. 165.
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At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
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Introduced in House
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Introduced in House
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Referred to the House Committee on Natural Resources.