Congress restores Wounded Knee massacre site to Lakota tribes
H.R. 165 — Wounded Knee Massacre Memorial and Sacred Site Act · Filed by Dusty Johnson (R-SD) · Introduced Jan 3, 2025 · Signed
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What it does
This bill directs the Secretary of the Interior to transfer approximately 40 acres at the Wounded Knee Massacre site in South Dakota to the Oglala Sioux Tribe and Cheyenne River Sioux Tribe in 'restricted fee' status—meaning the tribes own the land permanently, it cannot be sold without Congress's consent, it is exempt from state and local taxation, and the tribes have full civil and criminal jurisdiction over it. The land will be used as a memorial and sacred site under a covenant between the two tribes, and cannot be used for gaming.
Why we flagged it
The bill's core function is to transfer federal/private land to tribal ownership in restricted status, enabling tribal sovereignty and memorialization of a historical massacre site. This is a straightforward exercise of federal trust responsibility and tribal self-determination.
What the text implies
- The bill exempts the tribes from Secretary of Interior approval for land use decisions going forward, a significant shift in federal-tribal governance that reduces federal oversight of tribal property management.
- The restriction on gaming activity is binding under the inter-tribal covenant, not federal law—if the covenant is amended by both tribes, gaming could theoretically become permissible, though the bill does not explicitly address amendment procedures.
The full analysis lists 3 implications of this text.
Who it affects
This bill restores tribal sovereignty and property rights over a historically significant sacred site where a massacre of Lakota people occurred in 1890, enabling the tribes to control and memorialize the land without state interference or federal oversight of day-to-day use. The restriction on alienation and state taxation protects the tribes' long-term stewardship and honors a historical injustice.