H.R.165 - Wounded Knee Massacre Memorial and Sacred Site Act (119th Congress)
Summary
H.R. 165, the "Wounded Knee Massacre Memorial and Sacred Site Act," directs the Secretary of the Interior to complete actions necessary for approximately 40 acres of land at the Wounded Knee Massacre site to be held in restricted fee status by the Oglala Sioux Tribe and Cheyenne River Sioux Tribe. This includes documentation, minor corrections to the land's survey and legal description, and assigning applicable utility and service rights. The land will be part of the Pine Ridge Indian Reservation and subject to the tribes' civil and criminal jurisdiction.
Expected Effects
The bill ensures the land remains owned by the Tribes, cannot be transferred without Congressional and Tribal consent, and is not subject to state or local taxation. The land use will be governed by the "Covenant Between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe" dated October 21, 2022, and will not be used for gaming activities. This action formally recognizes and protects a site of significant cultural and historical importance to the Tribes.
Potential Benefits
- Preservation of Cultural Heritage: Protects a sacred site and memorializes a tragic event in Native American history.
- Tribal Sovereignty: Reinforces the Oglala Sioux and Cheyenne River Sioux Tribes' jurisdiction and control over their land.
- Economic Development: Allows the Tribes to use the land for purposes outlined in their covenant, potentially fostering economic opportunities.
- Intergovernmental Cooperation: Demonstrates a commitment from the federal government to work with Native American tribes.
- Historical Reconciliation: Acknowledges past injustices and promotes healing through recognition and protection of the site.
Potential Disadvantages
- Limited Economic Use: Restrictions on gaming may limit potential revenue generation for the Tribes.
- Potential for Disputes: While the covenant aims to prevent conflict, disagreements between the tribes regarding land use could still arise.
- Federal Oversight: While the Tribes have significant control, the requirement for Congressional consent for land transfer introduces a degree of federal oversight.
- Administrative Burden: The Secretary of the Interior is tasked with completing several actions within a year, which could strain resources.
- Lack of Broader Applicability: The bill is specific to this one site and may not address broader issues facing Native American tribes.
Most Disadvantaged Areas:
Constitutional Alignment
This bill aligns with the federal government's treaty obligations and responsibilities towards Native American tribes, as recognized in various Supreme Court cases. While the Constitution does not explicitly mention Native American affairs, the Commerce Clause (Article I, Section 8) has been interpreted to grant Congress broad authority over Indian affairs. The bill also respects the tribes' inherent sovereignty, which has been acknowledged in federal Indian law. The action does not violate any specific constitutional provisions and aims to rectify historical injustices, aligning with the spirit of ensuring domestic tranquility and promoting the general welfare.
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).