119-hr165

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 165 Reported in Senate

    (RS) ]

<DOC>

 Calendar No. 177
119th CONGRESS
 1st Session
 H. R. 165

 [Report No. 119-72]

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 January 23, 2025

 Received; read twice and referred to the Committee on Indian Affairs

 October 2, 2025

 Reported by Ms. Murkowski, without amendment

_______________________________________________________________________

 AN ACT

 To direct the Secretary of the Interior to complete all actions 
 necessary for certain land to be held in restricted fee status by the 
 Oglala Sioux Tribe and Cheyenne River Sioux Tribe, and for other 
 purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Wounded Knee Massacre Memorial and 
Sacred Site Act''.

SEC. 2. DEFINITIONS.

 In this Act:

    (1) Restricted fee status.--The term ``restricted fee 
 status'' means a status in which the Tribal land--
        (A) shall continue to be owned by the Tribes;
        (B) shall be part of the Pine Ridge Indian 
 Reservation and expressly made subject to the civil and 
 criminal jurisdiction of the Oglala Sioux Tribe;
            (C) shall not be transferred without the consent of 
 Congress and the Tribes;
            (D) shall not be subject to taxation by a State or 
 local government; and
        (E) shall not be subject to any provision of law 
 providing for the review or approval by the Secretary 
 of the Interior before the Tribes may use the land for 
 any purpose as allowed by the document titled 
 ``Covenant Between the Oglala Sioux Tribe and the 
 Cheyenne River Sioux Tribe'' and dated October 21, 
 2022, directly, or through agreement with another 
 party.

    (2) Secretary.--The term ``Secretary'' means the Secretary 
 of the Interior.

    (3) Tribal land.--The term ``Tribal land'' means the 
 approximately 40 acres (including the surface and subsurface 
 estate, and mineral estate, and any and all improvements, 
 structures, and personal property on those acres) on the Pine 
 Ridge Indian Reservation in Oglala Lakota County, at Rural 
 County Road 4, Wounded Knee, South Dakota, and generally 
 depicted as ``Area of Interest'' on the map entitled ``Wounded 
 Knee Sacred Site and Memorial Land'' and dated October 26, 
 2022, which is a segment of the December 29, 1890, Wounded Knee 
 Massacre site.

    (4) Tribes.--The term ``Tribes'' means the Oglala Sioux 
 Tribe and Cheyenne River Sioux Tribe of the Cheyenne River 
 Reservation, both tribes being among the constituent tribes of 
 the Great Sioux Nation and signatories to the Fort Laramie 
 Treaty of 1868 between the United States of America and the 
 Great Sioux Nation, 15 Stat. 635.

SEC. 3. LAND HELD IN RESTRICTED FEE STATUS BY THE TRIBES.

    (a) Action by Secretary.--Not later than 365 days after enactment 
of this Act, the Secretary shall--

    (1) complete all actions, including documentation and minor 
 corrections to the survey and legal description of Tribal land, 
 necessary for the Tribal land to be held by the Tribes in 
 restricted fee status; and

    (2) appropriately assign each applicable private and 
 municipal utility and service right or agreement with regard to 
 the Tribal land.

    (b) Conditions.--

    (1) Federal laws relating to indian land.--Except as 
 otherwise provided in this Act, the Tribal land shall be 
 subject to Federal laws relating to Indian country, as defined 
 by 

section 1151 of title 18, United States Code and protected 
 by the restriction against alienation in 

section 177 of title 
 25, United States Code.

    (2) Use of land.--The Tribal land shall be used for the 
 purposes allowed by the document titled ``Covenant Between the 
 Oglala Sioux Tribe and the Cheyenne River Sioux Tribe'' and 
 dated October 21, 2022.

    (3) Encumbrances and agreements.--The Tribal land shall 
 remain subject to any private or municipal encumbrance, right-
 of-way, restriction, easement of record, or utility service 
 agreement in effect on the date of the enactment of this Act.

    (4) Gaming.--Pursuant to the document titled ``Covenant 
 Between the Oglala Sioux Tribe and the Cheyenne River Sioux 
 Tribe'' and dated October 21, 2022, the Tribal land shall not 
 be used for gaming activity under the Indian Gaming Regulatory 
 Act (25 U.S.C. 2701 et seq.).
 Calendar No. 177

119th CONGRESS

 1st Session

 H. R. 165

 [Report No. 119-72]

_______________________________________________________________________

 AN ACT

 To direct the Secretary of the Interior to complete all actions 
 necessary for certain land to be held in restricted fee status by the 
 Oglala Sioux Tribe and Cheyenne River Sioux Tribe, and for other 
 purposes.

_______________________________________________________________________

 October 2, 2025

 Reported without amendment