S.105 - Wounded Knee Massacre Memorial and Sacred Site Act (119th Congress)
Summary
S.105, 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 land's use and governance, emphasizing tribal ownership and jurisdiction.
Expected Effects
The bill will transfer greater control over the designated land to the Oglala Sioux and Cheyenne River Sioux Tribes. It restricts the land from being transferred without Congressional and Tribal consent and protects it from state and local taxation. The land use will be governed by the 'Covenant Between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe' and will not include gaming activities.
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.
- Historical Reconciliation: Acknowledges and addresses historical injustices.
- Land Protection: Prevents the land from being subject to state or local taxation, ensuring tribal ownership.
Potential Disadvantages
- Limited Land Use: Restricts the land from certain activities like gaming, which could limit potential revenue streams.
- Federal Oversight: Requires Congressional consent for land transfer, potentially creating bureaucratic hurdles.
- Potential for Disputes: The covenant between the tribes could be subject to interpretation and potential disagreements.
- Administrative Burden: The Secretary of Interior is tasked with completing necessary actions, which could face delays or complications.
- Lack of Clarity: The bill relies on an external document ('Covenant') which is not included, making a full assessment difficult.
Constitutional Alignment
The bill aligns with the federal government's trust responsibility to Native American tribes, as recognized in numerous Supreme Court cases. Congress has the power to regulate commerce with Indian tribes (Article I, Section 8, Clause 3). The bill respects tribal sovereignty and self-determination, which are principles supported by federal Indian law. The restrictions on land use and transfer are within Congress's authority to legislate regarding 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).