Wounded Knee Massacre Memorial and Sacred Site Act
Summary
The "Wounded Knee Massacre Memorial and Sacred Site Act" directs the Secretary of the Interior to finalize actions for approximately 40 acres of land to be held in restricted fee status by the Oglala Sioux Tribe and Cheyenne River Sioux Tribe. This land, located on the Pine Ridge Indian Reservation in South Dakota, includes a portion of the Wounded Knee Massacre site. The Act outlines specific conditions for the land's use and governance, emphasizing tribal ownership and jurisdiction.
Expected Effects
The Act will transfer control of the specified land to the Oglala Sioux and Cheyenne River Sioux Tribes, granting them greater autonomy over its use and management. It also restricts the land from being transferred without congressional and tribal consent and protects it from state and local taxation. The land will be subject to federal laws relating to Indian country.
Potential Benefits
- Preservation of Cultural Heritage: Protects a historically significant site for the Oglala Sioux and Cheyenne River Sioux Tribes.
- Tribal Sovereignty: Reinforces tribal control and self-determination over their land.
- Economic Development: Allows the tribes to use the land for purposes outlined in their covenant, potentially fostering economic opportunities.
- Community Empowerment: Strengthens the tribes' ability to manage their affairs and preserve their cultural identity.
- Historical Reconciliation: Acknowledges and addresses historical injustices.
Potential Disadvantages
- Potential Bureaucratic Delays: The Secretary of the Interior has 365 days to complete the actions, which could face delays.
- Limited Land Use: Restrictions on gaming activities may limit potential revenue streams for the tribes.
- Existing Encumbrances: The land remains subject to existing encumbrances, rights-of-way, and easements.
- Federal Oversight: While promoting tribal autonomy, the land remains subject to federal laws relating to Indian country, which could create some limitations.
- Potential for Disputes: Although unlikely given the covenant, disagreements between the tribes regarding land use could arise.
Constitutional Alignment
The Act aligns with the federal government's treaty obligations and responsibilities towards Native American tribes, as recognized in various Supreme Court decisions. While the Constitution does not explicitly address tribal land rights, the Commerce Clause (Article I, Section 8) has been interpreted to grant Congress broad authority over Indian affairs. The Act respects tribal sovereignty and promotes self-determination, aligning with the spirit of federal Indian law.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).