[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2088 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2088

    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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 21, 2023

 Mr. Rounds (for himself and Mr. Thune) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
    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.).
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