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Text Versions

Text as it was Enrolled Bill
December 17, 2025
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Text as it was Reported in Senate
October 2, 2025
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Text as it was Referred in Senate
January 23, 2025
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Text as it was Engrossed in House
January 22, 2025
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Text as it was Introduced in House
January 3, 2025
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United StatesHouse Bill 165HR 165

Wounded Knee Massacre Memorial and Sacred Site Act

Native Americans
  1. house
  2. senate
  3. president

Last progress December 19, 2025 (1 month ago)

Introduced on January 3, 2025 by Dustin Johnson

Amendments

No Amendments

Sponsors

Committee Meetings

1 meeting related to this legislation

Senate
Meeting
Scheduled

Senate Indian Affairs

Committee on Indian AffairsDirksen Senate Office Building, 628
Mar 5, 2025 at 7:30 PM
View Committee

Related Legislation

Laws This Bill Would Affect

1 reference
References25 U.S.C. 2701

References the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) to prohibit gaming on the Tribal land under that Act.

AI Insights

Analyzed 2 of 2 sections

Summary

Places the specified parcel at Wounded Knee into federal restricted-fee status and requires the Secretary to complete the necessary paperwork and assignments within 365 days of enactment. The land will be governed under Federal Indian‑country law, subject to recorded encumbrances and existing utility/service rights, and must be used only as allowed by the October 21, 2022 covenant between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe — which also bars gaming on the parcel. The measure defines the land and the key terms, assigns responsibility to the named Secretary to finish the transfer and related administrative steps, and preserves existing recorded agreements while imposing the covenant’s use restrictions and the federal restriction against alienation.

Key Points

  • Directs the Secretary to place a named Wounded Knee parcel into restricted-fee status within 365 days of enactment.
  • Defines terms, identifies the parcel, and names the Tribes covered by the action.
  • Requires assignment/recognition of any existing private or municipal utility and service rights tied to the land.
  • Makes the parcel subject to Federal Indian‑country law and the federal restriction against alienation.
  • Preserves recorded encumbrances and utility agreements already on the property.
  • Limits parcel use to what the October 21, 2022 covenant allows and expressly prohibits gaming on the parcel under the IGRA.
  • Does not appropriate funds or create a new federal program; it mandates an administrative land-status action by the named Secretary.

Provisions

10 items

Defines “restricted fee status” for the Tribal land: (A) the land remains owned by the Tribes; (B) the land is part of the Pine Ridge Indian Reservation and is subject to the civil and criminal jurisdiction of the Oglala Sioux Tribe; (C) the land may not be transferred without the consent of Congress and the Tribes; (D) the land is not subject to State or local taxation; and (E) the land is not subject to any law requiring review or approval by the Secretary of the Interior before the Tribes may use the land as allowed by the document titled and dated October 21, 2022, “Covenant Between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe.” (Source: Section 2 Definitions)

definition
Affects: Tribal land / the Tribes

Defines “Secretary” to mean the Secretary of the Interior.

definition
Affects: Secretary of the Interior

Defines “Tribal land” as the approximately 40 acres (including surface, subsurface, mineral estate, and any improvements, structures, and personal property) on the Pine Ridge Indian Reservation in Oglala Lakota County at Rural County Road 4, Wounded Knee, South Dakota, generally depicted on a map dated October 26, 2022, and described as a segment of the December 29, 1890 Wounded Knee Massacre site.

definition
Affects: The approximately 40-acre Wounded Knee site (Tribal land)

Defines “Tribes” to mean the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe of the Cheyenne River Reservation, noting they are constituent tribes of the Great Sioux Nation and signatories to the Fort Laramie Treaty of 1868.

definition
Affects: Oglala Sioux Tribe; Cheyenne River Sioux Tribe

Deadline for Secretary: Not later than 365 days after enactment, the Secretary must complete all actions (including required documentation and minor corrections to the survey and legal description) necessary for the Tribal land to be held by the Tribes in restricted fee status.

requirement
Affects: Secretary; Tribal land

Impact Analysis

Primary affected parties

  • Oglala Sioux Tribe and Cheyenne River Sioux Tribe: The tribes named in the covenant receive a change in legal status for the Wounded Knee parcel that strengthens federal protection of the land, brings the parcel under Federal Indian‑country law, and limits permissible use to the covenant’s terms (including a gaming prohibition). This increases tribal legal control and cultural/protective oversight of the site.

  • Department/Secretary named in the bill (Interior/Bureau of Indian Affairs or other designated official): The Secretary must complete administrative, legal, and recording steps to effect the status change and to assign or recognize existing utility and service rights within 365 days. That requires coordination with title/recording offices and possibly the parties holding encumbrances.

  • Holders of recorded encumbrances and utility/service rights (private owners, municipal utilities, local governments): Existing, recorded agreements and utility rights remain in force; the Secretary must recognize and assign any applicable private or municipal utility and service rights. Those parties retain their recorded interests but may need to engage with federal and tribal authorities to document assignments or continuations.

  • Local communities and site stakeholders (descendants, preservation groups, visitors): The restricted-fee designation and covenant-based use limits are intended to protect the site’s cultural and historic character and prevent development inconsistent with the covenant (including gaming). That may limit certain economic uses but preserves cultural and historical integrity.

Legal and administrative effects

  • Federal Indian‑country law will apply to the parcel, changing applicable jurisdictional rules for civil regulation, taxation, and land transactions compared with private fee land.
  • The federal restriction against alienation reduces the likelihood of third-party sales or transfers without federal and tribal concurrence.
  • The requirement to honor recorded encumbrances preserves preexisting obligations and reduces immediate disruption to utility services.

Potential downstream effects and risks

  • Reduced commercial development options for the parcel (explicit gaming prohibition and covenant limits) could constrain some economic projects but may align with tribal preservation goals.
  • Administrative workload for the Secretary’s office to complete records, assignments, and any intergovernmental coordination within the 365‑day deadline.
  • Limited litigation risk if parties holding encumbrances or local governments dispute assignments, but the bill preserves recorded rights which should mitigate many disputes.

Overall assessment

  • The measure is narrowly targeted: it changes the legal status of one parcel, preserves existing recorded rights, imposes covenant-based use limits, and assigns responsibility to a federal official to complete the administrative work on a defined timeline. The principal beneficiaries are the named Tribes and those concerned with protecting the Wounded Knee site; affected utilities and encumbrance holders largely retain existing rights but must engage in any assignment/recognition steps.

Section Details

Expand sections to see detailed analysis

House Votes

416 Yea · 17 Not Voting — 278 needed
View roll call details

Senate Votes

Passed Unanimous Consent
December 11, 2025 (1 month ago)

Passed Senate without amendment by Unanimous Consent. (consideration: CR S8685)

Presidential Signature

Signed
December 19, 2025 (1 month ago)

President of the United States

South DakotasenatorMarion Michael Rounds
S-105 · Bill

Wounded Knee Massacre Memorial and Sacred Site Act

  1. senate
  • house
  • president
  • Updated 18 hours ago

    Last progress January 15, 2025 (1 year ago)