Wounded Knee Massacre Memorial and Sacred Site Act

IIB 118TH CONGRESS 1ST SESSION H. R. 3371 IN THE SENATE OF THE UNITED STATES SEPTEMBER 21, 2023 Received; read twice and referred to the Committee on Indian Affairs 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:56 Sep 21, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3371.RFS H3371 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 HR 3371 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Wounded Knee Mas- 2 sacre Memorial and Sacred Site Act’’. 3 SEC. 2. DEFINITIONS. 4 In this Act: 5 (1) RESTRICTED FEE STATUS.—The term ‘‘re- 6 stricted fee status’’ means a status in which the 7 Tribal land— 8 (A) shall continue to be owned by the 9 Tribes; 10 (B) shall be part of the Pine Ridge Indian 11 Reservation and expressly made subject to the 12 civil and criminal jurisdiction of the Oglala 13 Sioux Tribe; 14 (C) shall not be transferred without the 15 consent of Congress and the Tribes; 16 (D) shall not be subject to taxation by a 17 State or local government; and 18 (E) shall not be subject to any provision of 19 law providing for the review or approval by the 20 Secretary of the Interior before the Tribes may 21 use the land for any purpose as allowed by the 22 document titled ‘‘Covenant Between the Oglala 23 Sioux Tribe and the Cheyenne River Sioux 24 Tribe’’ and dated October 21, 2022, directly, or 25 through agreement with another party. 26 VerDate Sep 11 2014 23:56 Sep 21, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3371.RFS H3371 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 HR 3371 RFS (2) SECRETARY.—The term ‘‘Secretary’’ means 1 the Secretary of the Interior. 2 (3) TRIBAL LAND.—The term ‘‘Tribal land’’ 3 means the approximately 40 acres (including the 4 surface and subsurface estate, and mineral estate, 5 and any and all improvements, structures, and per- 6 sonal property on those acres) on the Pine Ridge In- 7 dian Reservation in Oglala Lakota County, at Rural 8 County Road 4, Wounded Knee, South Dakota, and 9 generally depicted as ‘‘Area of Interest’’ on the map 10 entitled ‘‘Wounded Knee Sacred Site and Memorial 11 Land’’ and dated October 26, 2022, which is a seg- 12 ment of the December 29, 1890, Wounded Knee 13 Massacre site. 14 (4) TRIBES.—The term ‘‘Tribes’’ means the 15 Oglala Sioux Tribe and Cheyenne River Sioux Tribe 16 of the Cheyenne River Reservation, both tribes being 17 among the constituent tribes of the Great Sioux Na- 18 tion and signatories to the Fort Laramie Treaty of 19 1868 between the United States of America and the 20 Great Sioux Nation, 15 Stat. 635. 21 SEC. 3. LAND HELD IN RESTRICTED FEE STATUS BY THE 22 TRIBES. 23 (a) ACTION BY SECRETARY.—Not later than 365 24 days after enactment of this Act, the Secretary shall— 25 VerDate Sep 11 2014 23:56 Sep 21, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3371.RFS H3371 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 HR 3371 RFS (1) complete all actions, including documenta- 1 tion and minor corrections to the survey and legal 2 description of Tribal land, necessary for the Tribal 3 land to be held by the Tribes in restricted fee status; 4 and 5 (2) appropriately assign each applicable private 6 and municipal utility and service right or agreement 7 with regard to the Tribal land. 8 (b) CONDITIONS.— 9 (1) FEDERAL LAWS RELATING TO INDIAN 10 LAND.—Except as otherwise provided in this Act, 11 the Tribal land shall be subject to Federal laws re- 12 lating to Indian country, as defined by section 1151 13 of title 18, United States Code and protected by the 14 restriction against alienation in section 177 of title 15 25, United States Code. 16 (2) USE OF LAND.—The Tribal land shall be 17 used for the purposes allowed by the document titled 18 ‘‘Covenant Between the Oglala Sioux Tribe and the 19 Cheyenne River Sioux Tribe’’ and dated October 21, 20 2022. 21 (3) ENCUMBRANCES AND AGREEMENTS.—The 22 Tribal land shall remain subject to any private or 23 municipal encumbrance, right-of-way, restriction, 24 VerDate Sep 11 2014 23:56 Sep 21, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3371.RFS H3371 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 HR 3371 RFS easement of record, or utility service agreement in 1 effect on the date of the enactment of this Act. 2 (4) GAMING.—Pursuant to the document titled 3 ‘‘Covenant Between the Oglala Sioux Tribe and the 4 Cheyenne River Sioux Tribe’’ and dated October 21, 5 2022, the Tribal land shall not be used for gaming 6 activity under the Indian Gaming Regulatory Act 7 (25 U.S.C. 2701 et seq.). 8 Passed the House of Representatives September 20, 2023. Attest: KEVIN F. MCCUMBER, Clerk. VerDate Sep 11 2014 23:56 Sep 21, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3371.RFS H3371 kjohnson on DSK7ZCZBW3PROD with $$_JOB