[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 165 Enrolled Bill (ENR)]
H.R.165
One Hundred Nineteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty-five
An Act
To direct the Secretary of the Interior to complete all actions
necessary for certain land to be held in restricted fee status by the
Oglala Sioux Tribe and Cheyenne River Sioux Tribe, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wounded Knee Massacre Memorial and
Sacred Site Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Restricted fee status.--The term ``restricted fee status''
means a status in which the Tribal land--
(A) shall continue to be owned by the Tribes;
(B) shall be part of the Pine Ridge Indian Reservation and
expressly made subject to the civil and criminal jurisdiction
of the Oglala Sioux Tribe;
(C) shall not be transferred without the consent of
Congress and the Tribes;
(D) shall not be subject to taxation by a State or local
government; and
(E) 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.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) Tribal land.--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.
(4) Tribes.--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.
SEC. 3. LAND HELD IN RESTRICTED FEE STATUS BY THE TRIBES.
(a) Action by Secretary.--Not later than 365 days after enactment
of this Act, the Secretary shall--
(1) 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
(2) appropriately assign each applicable private and municipal
utility and service right or agreement with regard to the Tribal
land.
(b) Conditions.--
(1) Federal laws relating to indian 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.
(2) Use of land.--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.
(3) Encumbrances and agreements.--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.
(4) Gaming.--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.).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.