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 ensures the land remains under tribal ownership and jurisdiction, is not subject to state or local taxation, and cannot be transferred without congressional and tribal consent.
Expected Effects
The Act will place the designated land into restricted fee status, granting the Oglala Sioux and Cheyenne River Sioux Tribes greater control and protection over the Wounded Knee site. This includes civil and criminal jurisdiction by the Oglala Sioux Tribe. The land will be used according to the "Covenant Between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe" and will not be used for gaming activities.
Potential Benefits
- Preserves a site of significant cultural and historical importance to the Oglala Sioux and Cheyenne River Sioux Tribes.
- Empowers tribal sovereignty by granting greater control over their land.
- Provides protection against state and local taxation, ensuring the tribes benefit directly from the land.
- Facilitates the use of the land for purposes determined by the tribes, as outlined in their covenant.
- Acknowledges and addresses historical injustices suffered by the tribes.
Potential Disadvantages
- The Act may create some limitations on land use, as dictated by the covenant between the tribes, potentially restricting future development options.
- Potential conflicts could arise regarding the interpretation and enforcement of the "Covenant Between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe."
- The restriction on gaming activities may limit potential economic opportunities for the tribes.
- The Act does not address broader issues of reconciliation or systemic injustices faced by Native American tribes.
Constitutional Alignment
The Act aligns with the federal government's trust responsibility to Native American tribes, a principle derived from the Commerce Clause (Article I, Section 8) and treaty-making power (Article II, Section 2) of the U.S. Constitution. It also aligns with the spirit of reconciliation and addressing historical injustices, although the Constitution does not explicitly mandate such actions. The Act respects tribal sovereignty and self-determination, furthering the government's relationship with Native American tribes.
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).