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 finalize actions to place approximately 40 acres of land, including the Wounded Knee Massacre site, into restricted fee status to be held by the Oglala Sioux Tribe and Cheyenne River Sioux Tribe. This status ensures tribal ownership and jurisdiction while preventing transfer without Congressional and tribal consent, state or local taxation, and Secretarial review of land use as defined by a covenant between the tribes. The land will be subject to federal laws relating to Indian land and will not be used for gaming activity.
Expected Effects
The Act will transfer control of the specified land to the Oglala Sioux and Cheyenne River Sioux Tribes, solidifying their ownership and providing them with greater autonomy over its use. This will likely lead to enhanced preservation and memorialization of the Wounded Knee Massacre site. It also clarifies the legal status of the land, defining its relationship with federal and tribal laws.
Potential Benefits
- Preserves and protects a site of significant cultural and historical importance to the Oglala Sioux and Cheyenne River Sioux Tribes.
- Empowers the tribes with greater control over their land and resources.
- Clarifies the legal status of the land, reducing potential conflicts and uncertainties.
- Promotes tribal self-determination and cultural preservation.
- Honors the victims of the Wounded Knee Massacre.
Potential Disadvantages
- May create some administrative burden for the Secretary of the Interior in completing the necessary actions within the specified timeframe.
- Potential for disagreement between the tribes and the federal government regarding land use or management in the future, although the covenant seeks to mitigate this.
- Possible limitations on economic development opportunities due to restrictions on land use, such as the prohibition of gaming activity.
- Could set a precedent for similar land claims and transfers, potentially leading to further administrative and legal complexities.
- Some private or municipal encumbrances may remain in effect.
Constitutional Alignment
This Act appears to align with the federal government's trust responsibility to Native American tribes, as recognized in numerous Supreme Court cases. While the Constitution does not explicitly address Native American affairs, the Commerce Clause (Article I, Section 8) has been interpreted to grant Congress broad authority over Indian affairs. The Act respects tribal sovereignty and self-determination, which are principles that have been increasingly recognized in federal Indian law and policy. The act does not appear to infringe on any specific constitutional provision.
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).