Technical corrections only. The diff primarily reflects the bill's transition from an enrolled version to an enacted public law, including the addition of a public law number, approval date, and legislative history. Minor formatting adjustments and legislative notes were added, but no substantive policy changes were made to the bill's text.
Wounded Knee Massacre Memorial and Sacred Site Act
- Sponsor
- Rep. Johnson, Dusty [R-SD-At Large]
- Committees
- Indian Affairs Committee (primary)
- Last action
- Dec 19, 2025
Bottom line
The Act formalizes tribal control and protection over the historically significant Wounded Knee Massacre site, ensuring its use for memorial and sacred purposes under tribal jurisdiction and free from state taxation, while prohibiting gaming.
What it actually does
This Act directs the Secretary of the Interior to take all necessary actions within 365 days to place approximately 40 acres of land at the Wounded Knee Massacre site into "restricted fee status" for the Oglala Sioux Tribe and Cheyenne River Sioux Tribe. This status ensures the land remains tribal property, is part of the Pine Ridge Indian Reservation, is subject to Oglala Sioux Tribe's jurisdiction, is exempt from state and local taxation, and cannot be transferred without Congressional and tribal consent. It also explicitly prohibits gaming activities on the land.
Proponents argue
Supporters emphasize that this legislation is a crucial step towards historical justice and cultural preservation, empowering the Oglala Sioux Tribe and Cheyenne River Sioux Tribe to manage a profoundly sacred site. They argue it rectifies past wrongs by returning the land to tribal control, protecting it from taxation, and ensuring its use aligns with its historical and spiritual significance, free from external interference.
Opponents contend
No significant organized opposition is typically raised against this type of land transfer for sacred sites, especially given the historical context of the Wounded Knee Massacre. The bill's specific restrictions, such as the prohibition on gaming, address potential concerns about commercial exploitation, aligning with the tribes' stated intentions for the site.
The bill is very concise and clearly written, allowing for a quick and comprehensive understanding of its provisions and implications.
Section 3(a)
Directing Land to be Held in Restricted Fee Status
This provision mandates the Secretary of the Interior to complete all necessary actions within 365 days to ensure approximately 40 acres of land at the Wounded Knee Massacre site are held by the Oglala Sioux Tribe and Cheyenne River Sioux Tribe in "restricted fee status." This includes completing documentation, making minor corrections to surveys and legal descriptions, and appropriately assigning existing private and municipal utility and service rights or agreements related to the Tribal land.
Supporters argue
Supporters argue this provision is essential for rectifying historical injustices and empowering the tribes to manage a profoundly significant cultural and historical site according to their traditions and needs, free from external interference and with clear legal status.
Critics contend
No significant opposition is typically raised against this specific provision, as it addresses a long-standing request from the tribes regarding a sacred site and aligns with principles of tribal self-determination.
Tradeoffs
This provision navigates the tension between federal oversight and tribal self-determination by granting a unique 'restricted fee status,' which provides tribal control while maintaining certain federal protections and agreed-upon limitations.
Section 2(1) and Section 3(b)
Establishing Conditions for Restricted Fee Status and Land Use
This provision defines "restricted fee status" for the tribal land, ensuring it remains owned by the Tribes, is part of the Pine Ridge Indian Reservation, and is expressly subject to the civil and criminal jurisdiction of the Oglala Sioux Tribe. It also stipulates that the land cannot be transferred without Congressional and tribal consent, is exempt from state or local taxation, and is not subject to Secretarial review for tribal use. Furthermore, the land is explicitly prohibited from being used for gaming activities under the Indian Gaming Regulatory Act, as per an inter-tribal covenant.
The tribal land will 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.
Section 3(b)(1)
Why it matters:This is standard legislative practice for incorporating existing legal definitions and protections without reprinting entire statutes, ensuring consistency with established federal Indian law.
Case for: Supporters argue that explicitly referencing these statutes ensures the land receives the full protections and legal status afforded to Indian country, reinforcing tribal sovereignty and preventing future challenges to its status or unauthorized transfer.
Case against: No specific opposition is typically raised against applying standard federal Indian law to tribal lands, as these provisions are foundational to the legal relationship between the U.S. government and Native American tribes.
Estimated impact: Ensures the land is treated as "Indian country" for legal purposes, impacting jurisdiction for criminal and civil matters, and provides a critical protection against unauthorized transfer, defining the fundamental legal status of the 40 acres.