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 on the Pine Ridge Indian Reservation to be held in restricted fee status by the Oglala Sioux Tribe and Cheyenne River Sioux Tribe. This land includes a portion of the Wounded Knee Massacre site. The bill outlines specific conditions for the restricted fee status, including continued tribal ownership, jurisdictional considerations, and restrictions on transfer and taxation.
Expected Effects
The bill will formally place the designated land into restricted fee status, providing the Oglala Sioux and Cheyenne River Sioux Tribes greater control over the Wounded Knee site. This action aims to honor the historical and cultural significance of the site. It also ensures the land is protected from external pressures such as taxation and unwanted development.
Potential Benefits
- Preservation of Cultural Heritage: Protects a site of immense historical and cultural significance to the Oglala Sioux and Cheyenne River Sioux Tribes.
- Tribal Sovereignty: Reinforces tribal sovereignty by granting greater control over the land and its use.
- Economic Development: Allows the tribes to utilize the land for purposes outlined in their covenant, potentially fostering economic opportunities.
- Historical Reconciliation: Acknowledges and addresses historical injustices suffered by the tribes.
- Community Building: Strengthens the bonds between the tribes and their connection to their ancestral lands.
Potential Disadvantages
- Limited Economic Activities: Restrictions on gaming activities may limit potential revenue streams for the tribes.
- Potential Bureaucratic Delays: The Secretary of the Interior's actions could face delays, hindering the timely implementation of the Act.
- Existing Encumbrances: The land remains subject to existing encumbrances, which could limit the tribes' flexibility in utilizing the land.
- Federal Oversight: While granting greater control, the land remains subject to federal laws relating to Indian country, potentially creating some level of federal oversight.
- Potential for Disputes: Although unlikely, disagreements between the two tribes regarding the land's use could arise.
Most Disadvantaged Areas:
Constitutional Alignment
The bill aligns with the federal government's trust responsibility to Native American tribes, as recognized in numerous treaties and court decisions. 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 is a principle supported by constitutional jurisprudence. The restrictions on land transfer without Congressional consent reflect the federal government's role in protecting tribal lands.
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).