[Senate Hearing 118-170]
[From the U.S. Government Publishing Office]
S. Hrg. 118-170
S. 2088
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HEARING
BEFORE THE
COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE
ONE HUNDRED EIGHTEENTH CONGRESS
FIRST SESSION
__________
JULY 19, 2023
__________
Printed for the use of the Committee on Indian Affairs
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
__________
U.S. GOVERNMENT PUBLISHING OFFICE
54-148 PDF WASHINGTON : 2023
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COMMITTEE ON INDIAN AFFAIRS
BRIAN SCHATZ, Hawaii, Chairman
LISA MURKOWSKI, Alaska, Vice Chairman
MARIA CANTWELL, Washington JOHN HOEVEN, North Dakota
JON TESTER, Montana STEVE DAINES, Montana
CATHERINE CORTEZ MASTO, Nevada MARKWAYNE MULLIN, Oklahoma
TINA SMITH, Minnesota MIKE ROUNDS, South Dakota
BEN RAY LUJAN, New Mexico
Jennifer Romero, Majority Staff Director and Chief Counsel
Amber Ebarb, Minority Staff Director
C O N T E N T S
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Page
Hearing held on July 19, 2023.................................... 1
Statement of Senator Murkowski................................... 1
Statement of Senator Rounds...................................... 2
Statement of Senator Schatz...................................... 1
Witnesses
Garriott, Wizipan, Principal Deputy Assistant Secretary--Indian
Affairs, U.S. Department of the Interior....................... 3
Prepared statement........................................... 4
LeBeau, Hon. Ryman, Chairman, Cheyenne River Sioux Tribe......... 4
Prepared statement........................................... 6
Star Comes Out, Hon. Frank, President, Oglala Sioux Tribe........ 9
Prepared statement........................................... 11
S. 2088
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WEDNESDAY, JULY 19, 2023
U.S. Senate,
Committee on Indian Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 2:56 p.m. in room
628, Dirksen Senate Office Building, Hon. Brian Schatz,
Chairman of the Committee, presiding.
OPENING STATEMENT OF HON. BRIAN SCHATZ,
U.S. SENATOR FROM HAWAII
The Chairman. Good afternoon. During today's legislative
hearing, we will consider one bill, S. 2088, the Wounded Knee
Massacre Memorial and Sacred Site Act. S. 2088 was introduced
by Senators Rounds and Thune, and it would place 40 acres of
land currently owned in fee by the Oglala Sioux Tribe and the
Cheyenne River Sioux Tribe into restricted fee status.
This property is part of the site of the Wounded Knee
Massacre where hundreds of unarmed Lakota men, women, and
children were killed by the United States Army in 1890 on the
Pine Ridge Indian Reservation in southwestern South Dakota.
Congress issued a formal apology for the massacre 100 years
later in 1990.
This bill would authorize the tribes to continue to use the
land as allowed by a 2022 covenant that restricts the use to a
memorial and sacred site not subject to commercial development
or Indian gaming.
Before I turn to Vice Chair Murkowski for her opening
statement, I would like to extend my welcome and thanks to our
witnesses for joining us today. I look forward to your
testimony and our discussion.
Vice Chair Murkowski?
STATEMENT OF HON. LISA MURKOWSKI,
U.S. SENATOR FROM ALASKA
Senator Murkowski. Thank you, Mr. Chairman. I too welcome
the witnesses to this hearing on S. 2088. I know we are going
to get additional background from Senator Rounds on the bill
that he has introduced. I would like to commend both tribes for
their leadership in restoring this land to tribal ownership and
signing a covenant to forever protect the land as a sacred site
and memorial to the victims and survivors of the Wounded Knee
Massacre.
As you indicated, Mr. Chairman, hundreds of innocent and
unarmed Lakota men, women and children were brutally
slaughtered by the Seventh Cavalry of the U.S. Army on December
29th, 1890. The tragedy marks the last armed conflict in a dark
chapter of American history that involved the seizure of
aboriginal homelands, the intentional extermination of bison
herds, and the forced relocation and oppression of Native
people and their culture.
It is time for Congress to step up, place this land in
restricted fee status and effectuate this covenant.
I do want to be clear, though, this legislation in no way
absolves the Federal Government of its actions in one of the
deadliest Indian massacres in our Nation's history. I
appreciate the efforts of Senator Rounds in advancing this. I
look forward to the testimony of today's witnesses.
The Chairman. Thank you very much, Vice Chair.
I will now turn to our witnesses. I am pleased to
introduced Mr. Wizipan Garriott, Principal Deputy Assistant
Secretary for Indian Affairs at the Department of the Interior.
I will now defer to Senator Rounds to make his introductions.
STATEMENT OF HON. MIKE ROUNDS,
U.S. SENATOR FROM SOUTH DAKOTA
Senator Rounds. Thank you, Mr. Chairman and Vice Chair
Murkowski. I want to thank our witnesses as well for taking the
time to attend today's hearing and to share their perspective.
I am honored to be able to introduced President Frank Star
Comes Out of the Oglala Sioux Tribe, and Chairman Ryman LeBeau
of the Cheyenne River Sioux Tribe. During the legislative
hearing today, President Star Comes Out and Chairman LeBeau
will provide testimony on the Wounded Knee Massacre Memorial
and Sacred Site Act, which is S. 2088.
This legislation would place 40 acres of tribally purchased
land at the Wounded Knee Massacre site into restricted fee
status to be held by the Oglala Sioux Tribe and the Cheyenne
River Sioux Tribe. With the Wounded Knee Massacre taking place
on the Pine Ridge Indian Reservation, the majority of the
deceased tribal members being from the Mnicoujou Band, both the
Oglala Sioux and the Cheyenne River Sioux Tribes hold a deep
connection to this event and to the site where it occurred.
As you all know, the Wounded Knee Massacre not only
represents a low point in U.S.-Lakota relations, but it also
serves as one of the darkest moments in our Nation's history.
To date, the Wounded Knee Massacre grounds remain a symbolic
site with tribal members regularly visiting the area to honor
the deceased.
In September of 2022, both tribes purchased the 40 acres
from a private owner in an effort to preserve the land. Shortly
after the purchase, both tribes signed a covenant holding that
the property shall be held and maintained as a memorial and
sacred site without any development. This legislation, which
places the 40 acres into restricted fee status, will help
preserve the site for future tribal generations. This will
allows the tribes to own the land outright, while also keeping
the protections in place such as a restriction on alienation
and taxation from any State or local government.
Moving forward, it is my hope that we can come together to
acknowledge the history of the Wounded Knee Massacre and work
to mend our history through reconciliation and mutual respect.
I want to thank both the Chairman and Vice Chairman for
placing this important bill on the legislative agenda today.
I also want to thank both President Star Comes Out and
Chairman LeBeau for being here today to discuss the Wounded
Knee Massacre Memorial and Sacred Site Act. Thank you, Mr.
Chairman.
The Chairman. Thank you very much, Senator Rounds.
I would like to remind our witnesses that your full written
testimony will be made part of the official hearing record. We
would appreciate it if you would keep your statement to no more
than five minutes, so that members may have time to ask
questions.
Mr. Chairman and Mr. President, we have a five-vote series
starting just about now, so we are going to be moving very
quickly. I don't want you to interpret that as any indicator of
a lack of determination or support for enacting this
legislation. I don't think this is going to be terribly
controversial.
But we are going to be moving fast, and I don't want you to
take that the wrong way.
Without further ado, Mr. Garriott.
STATEMENT OF WIZIPAN GARRIOTT, PRINCIPAL DEPUTY
ASSISTANT SECRETARY--INDIAN AFFAIRS, U.S.
DEPARTMENT OF THE INTERIOR
Mr. Garriott. Good afternoon, Chairman Schatz, Vice
Chairman Murkowski, and members of the Committee.
My name is Wizipan Garriott, and I serve as the Principal
Deputy Assistant Secretary for Indian Affairs at the Department
of the Interior. Thank you for the opportunity to present
testimony regarding S. 2088, the Wounded Knee Massacre Memorial
and Sacred Site Act.
I would also note that this bill is of special importance
to me, not only as a Native South Dakotan and member of the
Rosebud Sioux Tribe, but also as a descendant of a survivor of
the Wounded Knee Massacre, my great grandmother. Topaki
Najinwin was her name. She was the only survivor from her
family. So it is a privilege to be here.
In October of 2022, the Oglala Sioux Tribe and Cheyenne
River Sioux Tribe acquired approximately 40 acres of land in
Wounded Knee, South Dakota. The lands are significant to both
Tribes as more than 300 Lakota people were lost in the
massacre.
The Tribes acquired the land from private landowners and
plan to maintain the site as a memorial and sacred site
protected from commercial development.
S. 2088 directs the Secretary of the Interior, within one
year, to complete and make any corrections to the survey and
legal description of the land and to take any other necessary
actions for the land to be held for the Tribes in restricted
fee status.
The Act defines restricted fee status to mean that the two
Tribes retain ownership of the land, that the lands are part of
the Pine Ridge Indian Reservation and subject to the civil and
criminal jurisdiction of the Oglala Sioux Tribe, and that the
lands cannot be transferred without the consent of Congress and
the Tribes, that it is not subject to State or local taxation,
and is not subject to any law requiring the review or approval
of the Secretary of the Interior for the Tribes to use the land
as allowed by the covenant the Tribes entered into on October
21, 2022.
The use of the lands is limited by S. 2088 to those uses
outlined in the October 2022 covenant, which states that the
lands will be held and maintained as a memorial and sacred site
without commercial development, and the lands cannot be used
for gaming activities under the Indian Gaming Regulatory Act.
The Department supports S. 2088 as it aligns with the
Administration's commitment to restore tribal homelands. The
tribes will have more authority to honor and to protect the
Wounded Knee site.
Chairman Schatz, Vice Chairman Murkowski, and members of
the Committee, thank you for the opportunity to provide the
Department's views today.
[The prepared statement of Mr. Garriott follows:]
Prepared Statement of Wizipan Garriott, Principal Deputy Assistant
Secretary--Indian Affairs, U.S. Department of the Interior
Good afternoon, Chairman Schatz, Vice Chairman Murkowski, and
members of the Committee. My name is Wizipan Garriott, and I am the
Principal Deputy Assistant Secretary for Indian Affairs at the
Department of the Interior (Department). Thank you for the opportunity
to present testimony regarding S. 2088, Wounded Knee Massacre Memorial
and Sacred Site Act.
In October 2022, the Oglala Sioux Tribe and Cheyenne River Sioux
Tribe of the Cheyenne River Reservation (Tribes) acquired approximately
40 acres of land in Wounded Knee, South Dakota. The lands are
significant to both Tribes as more than 300 Lakota people were lost at
the site in 1890. The Tribes acquired the land from private owners and
plan to maintain the site as a memorial and sacred site protected from
commercial development.
S. 2088 directs the Secretary of the Interior, within one year, to
complete and make any corrections to the survey and legal description
of the land and any other necessary actions for the land to be held by
the Tribes in restricted fee status. S. 2088 defines restricted fee
status to mean that the two Tribes retain ownership of the land, the
lands are part of the Pine Ridge Indian Reservation and subject to
civil and criminal jurisdiction of the Oglala Sioux Tribe, cannot be
transferred without the consent of Congress and the Tribes, is not
subject to State or local taxation, and is not subject to any law
requiring the review or approval of the Secretary of the Interior for
the Tribes to use the land as allowed by the covenant the Tribes
entered into on October 21, 2022. The use of the lands is limited by S.
2088 to those outlined in the October 2022 covenant, which states the
lands will be held and maintained as a memorial and sacred site without
commercial development, and the lands cannot be used for gaming
activities under the Indian Gaming Regulatory Act.
The Department supports S. 2088 as it aligns with the
Administration's commitment to restore Tribal homelands. The Tribes
will have more authority to honor and protect the Wounded Knee site.
Chairman Schatz, Vice Chairman Murkowski, and Members of the
Committee, thank you for the opportunity to provide the Department's
views.
The Chairman. Thank you very much.
Chairman LeBeau, please proceed with your testimony.
STATEMENT OF HON. RYMAN LEBEAU, CHAIRMAN, CHEYENNE RIVER SIOUX
TRIBE
Mr. LeBeau. [Greeting in Native tongue.] My name is Ryman
LeBeau, and I said in my language, hello, my relatives, I shake
your hands with a good heart.
Mr. Chairman, Vice Chairwoman, we thank you for this time,
and members of the Committee. I serve as the Chairman of the
Cheyenne River Sioux Tribe. I thank you for this opportunity to
testify on behalf of my Lakota people today on the vitally
important subject of S. 2088, our Wounded Knee Memorial and
Sacred Site Act.
Our South Dakota Senators, Mike Rounds and John Thune, who
offered this Senate companion bill to restore our lands to
Indian Country status with reference to our 1868 Treaty deserve
our gratitude. The Wounded Knee Memorial and Sacred Site Act
land will be taken into restricted Indian fee title, with the
names of our respective Tribes on the title.
We also thank our Congressman, Dusty Johnson, who offered
the House Bill on this important matter concerning Wounded
Knee. We urge Congress to quickly pass this bill and
respectfully ask President Biden to sign it into law.
The Cheyenne River Sioux Tribe, our Lakota people, are
comprised of the Mnicoujou, Itazipco, Siha Sapa, and Oohenumpa
Bands, that is four of the seven bands of Lakota. Chief Big
Foot or Spotted Elk was our Mnicoujou Itancan, chief, and he
was a relative of Crazy Horse. His father was Lone Horn, our
Mnicoujou Itancan, who was born in 1790 and lived until 1877.
At Cheyenne River Sioux Tribe, our Itancan including Lone
Horn are signatories to the 1851 Sioux Nation Treaty, Fort
Laramie I, and the 1868 Great Sioux Nation Treaty, Fort Laramie
II. Chief Big Foot was a signatory to the 1868 Treaty, and also
my great-great grandfather, Chief Joseph Four Bear, was also a
signatory for the Two Kettle Band of Lakota.
Chief Big Foot was sick with pneumonia as the Mnicoujou
made their way to Pine Ridge. The cold winter on the prairie in
western South Dakota often reaches 20 degrees below zero. With
the wind chill, the temperature can feel like 60 degrees below
zero. Major Whiteside told Big Foot and his people that they
could not go to Pine Ridge, but must go to the military camp at
Wounded Knee, where the Army intended to disarm our Lakota men,
women, and children and take all their horses. Chief Big Foot
asked the cavalry to take the Lakota to Pine Ridge, but they
refused.
In the bitter cold of December, 1890, the Seventh Cavalry,
per Colonel Forsyth, ordered our Mnicoujou and our Hunkpapa
Lakota relatives to camp under the Hotchkiss Guns. At 6:00 a.m.
in the morning on December 29th, 1890, the Army line up all the
men and large boys, 9 years old and older, in front of the
soldiers firing line and forcibly disarmed them.
As Black Coyote, the last man was disarmed, he objected
that he had just bought his gun. The soldiers seized him
roughly and the gun went off straight up in the air. Then with
a sound like canvas tearing, the cavalry commenced firing at
the disarmed line of men in front of them and the Hotchkiss
guns fired throughout the camp killing children, women, and old
men.
Soldiers shot women with babies on their back. The shooting
went on for hours. When little boys hid in a ravine, the
soldiers called to them that they were safe now, they could
come out. When the boys came out from the ravine, the soldiers
shot them.
Our Mnicoujou relative, Dewey Beard, lost his parents, his
wife, and his babies that day, and was shot several times. He
said simply, ``They murdered us.'' Dewey Beard was known as
Wasu Maza, Iron Hail, for his many wounds sustained at Wounded
Knee. Beard was the last living Wounded Knee survivor, and he
said that 350 of our Lakota were massacred that day in December
1890.
Upon hearing of the Massacre, General Nelson A. Miles said
Wounded Knee was ``the most abominable criminal military
blunder and a horrible massacre of women and children.''
Congress and the President ignored General Miles and awarded 24
medals to the soldiers who killed the women and children at
Wounded Knee.
My grandmother, Marcella LeBeau, served as a nurse in the
U.S. Army in France during the World War II Battle of the
Bulge. She treated America's wounded soldiers from the
battlefield. When she was 100 years old, she asked Congress to
pass the Removing the Stain Act to rescind the medals issued to
soldiers of the Wounded Knee Massacre. She said that there is a
pervasive sadness among our Lakota People due to the tragic
loss of our Lakota People at Wounded Knee.
My relatives, we would like to thank the South Dakota
Senators and Congressman Dusty Johnson for their leadership on
this important matter concerning Wounded Knee. We thank the
Chairman, Senator Brian Schatz, Vice Chair Senator Murkowski,
and the Senate Committee members for this hearing and the
opportunity to give testimony. We urge Congress to quickly pass
this bill and respectfully ask President Biden to sign it into
law.
We appreciate the time today. This land is sacred to us.
This 40 acres is where our relatives were lost, and literally
we refer to it as the killing fields. With the partnership of
the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe, and
the United States Congress, we can all partner together to make
a positive change for our people.
Thank you.
[The prepared statement of Mr. LeBeau follows:]
Prepared Statement of Hon. Ryman LeBeau, Chairman, Cheyenne River Sioux
Tribe
Mr. Chairman and Members of the Committee, my name is Ryman LeBeau,
and I serve as Chairman of the Cheyenne River Sioux Tribe. I thank you
for the opportunity to testify on behalf of my Lakota People today on
the vitally important subject of S. 2088, our Wounded Knee Memorial and
Sacred Site Act.
Our South Dakota Senators, Mike Rounds and John Thune, who offered
this Senate companion bill to restore our lands to ``Indian country''
status with reference to our 1868 Treaty deserve our gratitude. The
Wounded Knee Memorial and Sacred Site Act land will be taken in
restricted Indian fee title, with the names of our respective Tribes on
the title.
We also thank our Congressman, Dusty Johnson, who offered the House
Bill on this important matter concerning Wounded Knee. We urge Congress
to quickly pass this bill and respectfully ask President Biden to sign
it into law.
Background: The Cheyenne River Sioux Tribe
At the Cheyenne River Sioux Tribe, our Lakota People are comprised
of the Mnicoujou (Plants by the Water), Itazipco (Without Bows), Siha
Sapa (Blackfoot) and Oohenumpa (Two Kettles) Bands-that is four of the
seven bands of the Lakota. Chief Big Foot or Spotted Elk was our
Mnicoujou Itancan (Chief) and he was a relative of Crazy Horse. His
father was Lone Horn, our Mnicoujou Itancan, who was born in 1790 and
lived until 1877.
At Cheyenne River Sioux Tribe, our Itancan including Lone Horn are
signatories to the 1851 Sioux Nation Treaty (Fort Laramie I) and the
1868 Great Sioux Nation Treaty (Fort Laramie II). Chief Big Foot was a
signatory to the 1868 Treaty.
The Oceti Sakowin (7 Council Fires of the Great Sioux Nation)
The Oceti Sakowin, Seven Council Fires of the Great Sioux Nation,
is an original Native Sovereign Nation. Our Democracy stretches back in
time to the Creation, when the Creator, Wakan Tanka, Tunkasila, gave
the first woman and first man the Breath of Life. With the Creator's
Breath of Life comes liberty, the freedom to follow our sacred visions
and to protect Unci Maka, Grandmother Earth.
Lakota Makoce our traditional homeland flows from Minnesota and
Iowa in the East across the Dakotas, Nebraska, Kansas, and Colorado
west to Wyoming, Montana and north to Canada. Our lands were not part
of the original 13 Colonies. Prior to America, France and England came
to engage in the Fur Trade, with our Lakota-Nakota-Dakota Oyate
(Nation) and together with our sister Native Sovereign Nations, we
clothed America and Europe for generations. In Lakota language, our
name means the Friendly People, and we were healthy and happy in our
traditional way of life. The White Buffalo Calf Maiden is our spiritual
guide from the Creator, and she brought the Canupa, sacred pipe, to our
Lakota Oyate.
The Declaration of Independence and The Constitution
The Declaration of Independence pronounces the self-evident truths
that all men [and women] are created equal, endowed with rights to
life, liberty, and the pursuit of happiness. \1\ In the Constitution of
the United States, America affirmed the prior Indian treaties entered
with the Delaware Nation, Six Nations, and Cherokee Nation, among
others, in the Supremacy Clause, where treaties are nation-to-nation
agreements classed among the Supreme Law of the Land. The Constitution
recognizes that ``Indians not taxed'' are ``free persons,'' subject
primarily to tribal jurisdiction, not American jurisdiction. \2\
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\1\ In the Northwest Ordinance, 1787 (amended 1789), America
pledged that the United States should observe the ``utmost good faith''
toward the Indians, our lands and property shall never be taken without
their consent, and in our property rights and liberty, we should never
be invaded or disturbed, etc. These fundamental principles were carried
forward in later territorial acts, including the Kansas-Nebraska Act,
1854 (treaties to be strictly observed), and the Dakota Territory Act,
1861 (Indian rights to person and property to be respected).
\2\ Under our 1868 Treaty, America and the Great Sioux Nation
agreed that when our Lakota People became U.S. Citizens, we should have
all the privileges and immunities of citizens of the U.S. and retain
all of the benefits of our Treaty. Accordingly, we are dual citizens of
the Great Sioux Nation and the United States of America.
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In 1804, Lewis and Clark came up the Missouri River and met our
Lakota People at the Bad River across from Pierre, South Dakota and our
Sioux Nation Chiefs imposed a tax on their travel upriver. \3\ In 1805,
America came to the Sioux Nation of St. Peter's and St. Paul's Rivers
and asked our Dakota People to acknowledge to square mile areas as
under American sovereignty, and our Nation did so through a treaty of
peace and friendship while reserving our original right to use and
traverse the lands. After the War of 1812, America agreed with England
that Indian nations should be on the same basis after the war as
before, that is: sovereign nations. In 1815, America entered the Treaty
with the Teton Sioux, pledging peace and friendship.
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\3\ In 1803, President Jefferson, on behalf of America, and Emperor
Napoleon, on behalf of France, entered the Louisiana Purchase Treaty,
wherein France purported to sell the ``Louisiana Territory'' to
America. Naturally, Native Sovereign Nations did not agree to any such
sale, and our lands could not be encumbered without our consent under
the law of Nations. Moreover, America bound itself to comply with
existing treaties between Spain and Indian nations, until such time as
America entered its own treaties with Indian nations based upon mutual
consent. See Louisiana Purchase Treaty, Article VI.
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In 1851, America entered the first Fort Laramie Treaty with the
Sioux Nation, et al, recognizing Sioux Nation territory, including the
Black Hills, and providing for consensual dispute resolution. America
sought Sioux Nation permission for settlers to traverse our lands to
Oregon Territory and California gold mines.
In 1868, at the end of the Powder River War, America entered the
second Fort Laramie Treaty with the Great Sioux Nation. The United
States pledged its honor that war between America and the Great Sioux
Nation shall forever cease, and the Great Sioux Nation reserved all
western South Dakota and certain lands in Nebraska and North Dakota as
our permanent home together with 44 million acres in North Dakota,
Montana, Wyoming, Nebraska, Colorado, and Kansas as unceded Indian
territory and hunting lands.
At the same time the 1868 Great Sioux Nation Treaty was negotiated
under the Indian Peace Policy, the Fourteenth Amendment was drafted,
affirmed, and ratified, recognizing that America dealt with Indian
nations through treaty, tribal citizens were subject to tribal
jurisdiction, and repeating the original Constitution's reference to
``Indians not taxed.''
The Great Sioux War, 1876-77
In his second Inaugural Address, 1873, President Grant said we must
have ``Civilization'' because otherwise there would be a ``War of
Extermination'' against Native Peoples. In 1874, Lt. Colonel George
Custer went on a ``secret'' exploratory expedition to the Black Hills,
where he invited regional and national newspaper reporters, starting a
gold rush in the Black Hills. In 1875, President Grant sent a treaty
commission to buy the Black Hills for $1 per acre, and the Sioux
Nation, as was our treaty right, refused to consent to the sale of our
``permanent home'' in the Black Hills.
In January 1876, President Grant initiated the Great Sioux War to
take the Black Hills without our consent or compensation. In June 1876,
Sitting Bull, Crazy Horse, and the Free Lakota were camped, with the
Cheyenne at the Little Big Horn, on our treaty reserved unceded Indian
territory. Sitting Bull dreamed that the U.S. Cavalry were going to
fall upside down into the Sioux Nation village, indicating a great
Sioux Nation victory.
On June 25, 1876, Lt. Colonel (Brevet General) George Custer
ordered the 7th Cavalry to attack the Little Big Horn village without
provocation. Major Reno marched towards the village, after initiating
rifle fire against the village, Reno met stiff opposition and
retreated. Major Reno and Captain Benteen held out on a high bluff
above the Little Big Horn and General Terry arrived the next day to
rescue Reno and Benteen. Custer, with 225 men of the 7th Cavalry,
marched around the mountains and attacked the village from across the
Little Big Horn River, yet never made it across because he was shot in
the chest by Chief White Bull. After Custer and his men retreated up
the mountain at Custer Battlefield, he was surrounded and by late
afternoon, he and his men were no more.
Congress sent more Armies and after many battles, America confined
our Lakota People to the reservation. In 1877, Congress
unconstitutionally seized the Black Hills, in a seven million acre
taking in violation of the 1868 Sioux Nation Treaty. United States v.
Sioux Nation, 448 U.S. 371 (1980). Congress also seized 44 million
acres of our unceded Indian territory and hunting lands. The Army
exterminated the Buffalo, leaving our Lakota People starving and
dependent on government rations.
The Killing of Sitting Bull
In 1888-89, Congress sent the Crook commission to take an
additional 9.5 million acres from the center of the Great Sioux
Reservation. The so-called 1889 ``Sioux Agreement'' divided our Sioux
Nation tribes into separate smaller reservations, including the
Cheyenne River Sioux Reservation and the Pine Ridge (Oglala Sioux)
Reservation. Sitting Bull opposed the Agreement, and Sioux Nation
leaders asked General Crook to double the ``rations'' distributed among
the Lakota People, because everyone was hungry after the demise of the
Buffalo, Elk, Antelope and Deer, and wild game caused by the influx of
settlers. General Crook asked President Cleveland to double the
rations, yet the Secretary of the Interior intervened with a
recommendation to cut rations in half to force the Sioux Nation to
adopt farming.
In 1890, with our People starving, the Ghost Dance took hold on the
Sioux Reservations, after Chief Wovoka of the Paiutes had a vision of
Jesus Christ coming to save American Indians. Indian agents panicked
and General Myles ordered the arrest of Sitting Bull, who was blamed
for the unrest, with a plan to send him to a military prison and sent
Buffalo Bill, Sitting Bull's friend, to make the arrest without
trouble. In a bureaucratic turf war, when Buffalo Bill arrived at
Standing Rock Reservation, U.S. Indian Agent McLaughlin wired
Washington, D.C. to ask the President to rescind Buffalo Bill's
authority and President Harrison did so. (Later, Buffalo Bill said the
President personally expressed his regret for this action to him).
A few days later, McLaughlin wrote out an arrest warrant for
Sitting Bull, with the message ``under no circumstances let Sitting
Bull escape.'' He sent 43 BIA Police before dawn to arrest Sitting
Bull, with 110 U.S. Cavalry soldiers over the hill. On December 15,
1890, when the BIA Police were taking Sitting Bull away from his home,
a Lakota warrior drew his gun in defense of Sitting Bull. Bull Head,
Lieutenant BIA Police shot Sitting Bull in the back and Red Tomahawk,
his Sergeant, shot Sitting Bull in the head. Sitting Bull was killed
instantly. A general melee ensued, and Bull Head and several BIA police
were killed, as were several Ghost Dancers.
About 100 of Sitting Bull's Hunkpapa Lakota fled south to Chief Big
Foot, leader of our Minicoujou Lakota at Cheyenne River Reservation.
Big Foot was already planning to travel to Pine Ridge to see Chief Red
Cloud to help him negotiate with U.S. Army leaders, so some of Sitting
Bull's Hunkpapa Lakota travelled with them.
The 7th Cavalry's Massacre of the Disarmed Lakota at Wounded Knee
Chief Big Foot was sick with pneumonia as the Mnicoujou made their
way to Pine Ridge. The cold winter on the prairie in western South
Dakota often reaches 20 degrees below zero (F) and with the wind chill,
the temperature can feel like 50 degrees below zero. Major Whitside
told Big Foot and his people that they could not go to Pine Ridge but
must go to the military camp at Wounded Knee, where the Army intended
to disarm our Lakota men, women, and children, and take all their
horses. Chief Big Foot asked the Cavalry to take the Lakota to Pine
Ridge, but they refused.
In the bitter cold of December 1890, the 7th Cavalry per Colonel
Forsyth ordered our Mnicoujou and Hunkpapa Lakota relatives to camp
under the Hotchkiss Guns. At 6 a.m. in the morning on December 29,
1890, the Army line up all the men and large boys (9 years old and
older) in front of the soldiers firing line and forcibly disarmed them.
As Black Coyote, the last man was disarmed he objected that he had just
bought his gun, the soldiers seized him roughly and the gun went off
straight up in the air. Then with a sound like canvas tearing, the
Cavalry commenced firing at the disarmed line of men in front of them
and the Hotchkiss guns fired throughout the camp killing children,
women, and old men. Soldiers shot women with babies on their back. The
shooting went on for hours. When little boys hid in a ravine, the
soldiers called to them that they were safe now, they could come out.
When the boys came out from the ravine, the soldiers shot them.
Our Mnicoujou relative, Dewey Beard lost his parents, his wife, and
babies that day, and was shot several times. He said simply, ``They
murdered us.'' Dewey Beard was known as Wasu Maza, ``Iron Hail,'' for
his many wounds sustained at Wounded Knee. Beard was the last living
Wounded Knee survivor, and he said that 350 of our Lakota were
massacred that day in December 1890.
Upon hearing of the Massacre, General Nelson A. Miles said, Wounded
Knee was ``the most abominable criminal military blunder and a horrible
massacre of women and children.'' Congress and the President ignored
General Miles and awarded 24 medals to the soldiers who killed women
and children at Wounded Knee.
My grandmother, Marcella LeBeau, served as a nurse in the U.S. Army
in France during the World War II Battle of the Bulge. She treated
America's wounded soldiers from the Battle.
When she was 100 years old, she asked Congress to pass the Removing
the Stain Act to rescind the medals issued to soldiers of the Wounded
Knee Massacre. She said that there is a pervasive sadness among our
Lakota People due to the tragic loss of our Lakota People at Wounded
Knee.
Wounded Knee Memorial and Sacred Site Lands
Recently, the Cheyenne River Sioux Tribe was told that 40 acres of
land adjacent to the Granite Obelisk at Wounded Knee was for sale and
the Oglala Sioux Tribe was working to buy the land. These acres are
part of the Wounded Knee Massacre site, and because we lost our
relatives on these lands, they are sacred to us as Memorial and Sacred
Site Land. At Cheyenne River, we are pleased to participate with the
Oglala Sioux Tribe to recover these Wounded Knee lands, which are a
portion of the massacre site. Together with Oglala, our Tribe pledged
that the lands will be preserved as a Sacred Site and Memorial, with no
commercial development.
On behalf of our relatives who lost their lives at Wounded Knee, we
say Mitakuye Oyasin, ``All My Relatives.'' We wish them peace in their
resting place among the stars of the Milky Way.
Our South Dakota Congressman, Dusty Johnson, offered this bill in
the House and our Senators Mike Rounds and John Thune offered this
Senate Bill to restore the lands to ``Indian country'' status with
reference to our 1868 Treaty by acknowledging the undivided 49 percent
Cheyenne River Sioux Tribe title and the undivided 51 percent Oglala
Sioux Tribe title. The land will be taken in restricted Indian fee
title, with the names of our respective Tribes on the title.
We thank our South Dakota Senators and Congressman, Dusty Johnson,
for their leadership on this important matter concerning Wounded Knee
and we thank the Chairman, Senator Brian Schatz, Ranking Member Senator
Murkowski, and the Senate Committee Members for this hearing and the
opportunity to give testimony. We urge Congress to quickly pass this
bill and respectfully ask President Biden to sign it into law.
The Chairman. Thank you, Mr. Chairman.
Mr. President, please proceed with your testimony.
STATEMENT OF HON. FRANK STAR COMES OUT, PRESIDENT, OGLALA SIOUX
TRIBE
Mr. Star Comes Out. [Greeting in Native tongue.] Good
afternoon, Committee. My name is Frank Star Comes Out. I am the
President of the Oglala Sioux Tribe and a direct descendant of
Chief Big Foot, also known as Spotted Owl, who was massacred at
Wounded Knee.
My fellow Wounded Knee descendant, Mr. Cedric Broken Nose,
who accompanied me to the House side hearing on this bill, made
a significant point. He said, ``The land at Wounded Knee is
sacred, as 300 or more of our ancestors lay buried there. The
land needs to be respected as a memorial site, no different
than Arlington National Cemetery.'' I agree.
My tribe is one of the tribes of the Great Sioux Nation,
which we refer to as Oceti Sakowin, which means the Seven
Council Fires. The Oceti Sakowin consists of the Dakota,
Lakota, and Nakota people. The Oglala are one of the seven
bands of the Lakota.
We are the people of Crazy Horse, Red Cloud, Little Wound,
American Horse, and many others. We signed the Fort Laramie
Treaties of 1851 and 1868. In the Treaty of 1868, the United
States promised that our land would be set apart for the
absolute and undisturbed use and occupation of the Oceti
Sakowin as a permanent home. The United States also promised in
the treaty that war shall ``forever cease.''
The United States broke the treaty by invading our treaty
lands and waging war against our people. In 1877, the United
States stole the Black Hills and other lands from our people.
Then in 1889, the United States divided the Oceti Sakowin into
separate tribes at separate reservations. Despite this, the
tribes of the Oceti Sakowin continued to unite on matters of
national concern. Our recovery of land at Wounded Knee is the
latest example of our efforts to protect our rights and sacred
lands.
In October 2022, the Oglala Sioux Tribe and Cheyenne River
Tribe came together to purchase a 40-acre parcel at the site of
the Wounded Knee Massacre. We reclaimed this sacred ground, not
just for ourselves, but for all members of the Oceti Sakowin.
We have pledged through the binding covenant that the land will
be forever a memorial and sacred site without commercial
development. It is a hallowed ground, and it will always be
honored and respected as hallowed ground.
The Wounded Knee Massacre is one of the darkest events in
the history of the United States. It is a senseless, cruel, and
unjustifiable massacre of hundreds of Indian men, women, and
children by the United States. Our people have grieved for well
over a century the genocidal attack on our people and our way
of life that took place at Wounded Knee.
In 1990, Congress acknowledged the tragedy and historical
significance of the Wounded Knee Massacre and expressed its
deep regret to our people. It is an important step in the
healing process.
S. 2088 represents another important step in that process.
Under this bill, the Wounded Knee land will be held in
restricted fee status. This means the land will be owned by the
Oglala Sioux Tribe and the Cheyenne River Sioux Tribe, and at
the same time, it will be protected by Federal law, including
Federal restrictions against alienation and will be free from
State and local taxation.
We thank Senator Rounds for introducing this bill, and
Senator Thune for cosponsoring it. This bill is an important
step in our nation-to-nation relationship. We ask this
Committee to work to enact this bill this Congress. Wopida.
[The prepared statement of Mr. Star Comes Out follows:]
Prepared Statement of Hon. Frank Star Comes Out, President, Oglala
Sioux Tribe
Chairman Schatz, Vice-Chairwoman Murkowski and members of the
Committee, thank you for allowing me the opportunity to testify today
concerning S. 2088, the Wounded Knee Massacre Memorial and Sacred Site
Act. I am the President of the Oglala Sioux Tribe and it is my
privilege and honor to appear before you today to testify in support of
this important bill.
Introduction
In October 2022, the Oglala Sioux Tribe and the Cheyenne River
Sioux Tribe came together to purchase a 40-acre parcel of land at the
site of the Wounded Knee Massacre of December 29, 1890. The land had
been owned by non-Indians for many decades. By working together, our
Tribes were able to bring ownership and stewardship of the land back to
our people. This was an historic event for our Tribes, one we hope will
lead to true healing for the descendants of victims and survivors of
the Wounded Knee Massacre.
The Oglala Sioux Tribe and the Cheyenne River Sioux Tribe reclaimed
this sacred ground for the benefit of all members of the Great Sioux
Nation (which we refer to as Oceti Sakowin, which means ``Seven Council
Fires''), including all descendants of victims and survivors of the
Wounded Knee Massacre. We have pledged, through a binding covenant,
that the land will be held in perpetuity as a memorial and sacred site,
without commercial development. It is hallowed ground and it will
always be honored and respected as hallowed ground.
The Wounded Knee Massacre Memorial and Sacred Site Act is the next
step in the healing process. It directs the Secretary of the Interior
to take all actions necessary for this land to be held in restricted
fee status by the Oglala Sioux Tribe and the Cheyenne River Sioux
Tribe. This is important for our people because it means the land will
be protected by all Federal laws relating to Indian country, including
the restriction against alienation in 25 U.S.C. 177. It will also be
free from state and local taxation and interference.
The Act recognizes that the land is within the Pine Ridge Indian
Reservation of the Oglala Sioux Tribe, and it is also within the
treaty-protected territory of the Oceti Sakowin, as recognized and
affirmed in the Fort Laramie Treaties of 1851 and 1868 between the
United States and the Oceti Sakowin. Federal allotment policies of the
late 19th and early 20th centuries allowed the land to fall into non-
Indian ownership, but now, with the aid of S. 2088, the land never will
be lost again. It will be restored to its original status as Indian
treaty land and it will be forever protected from alienation from
tribal ownership.
The remainder of my testimony is divided into three parts: part one
provides important historical information on the Oglala Sioux Tribe and
the Oceti Sakowin; part two addresses the Wounded Knee Massacre of
December 29, 1890; and part three addresses the important role the
reclamation and protection of land at the Wounded Knee Massacre site
plays in the spiritual healing of the Oceti Sakowin.
I. The Oglala Sioux Tribe and the Oceti Sakowin
The Oglala Sioux Tribe is a federally recognized Indian Tribe, a
constituent Tribe of the Great Sioux Nation, which we refer to as Oceti
Sakowin. We are a signatory to the Fort Laramie Treaty of 1851, 11
Stat. 749 (Sept. 17, 1851), and the Fort Laramie Treaty of 1868, 15
Stat. 635 (Apr. 29, 1868).
The Oceti Sakowin is composed of the Dakota (Santee), Lakota
(Teton), and Nakota (Yankton). The names Dakota, Lakota, and Nakota
mean ``considered friends,'' and together, the Dakota, Lakota, and
Nakota form the ``alliance of friends.''
Historically, the Oceti Sakowin exercised its sovereign powers on
matters of national concern. The Lakota are one of the Seven Council
Fires of the Oceti Sakowin, and in turn, the Oglala are one of the
seven bands of the Lakota. The Oglala are the people of Crazy Horse,
Red Cloud, Little Wound, and American Horse, and many other noted
leaders.
In the Fort Laramie Treaty of 1868, the United States promised that
all land west of the Missouri River in present-day South Dakota,
together with other designated lands, would be ``set apart for the
absolute and undisturbed use and occupation'' of the Oceti Sakowin as a
``permanent home.'' Arts. 2 & 7. The United States also promised in the
Treaty that war shall ``forever cease'' with the Oceti Sakowin. Art. 1.
The United States broke the Treaty by invading treaty lands and
waging war against our people. After the defeat of the United States
and the Seventh Cavalry at the Battle of Little Bighorn in June 1876,
Congress attached a ``Sell or Starve'' rider to the Indian
Appropriations Act of 1876, 19 Stat. 176, which cut off rations to our
people in an attempt to coerce us to sell the Black Hills to the United
States. Yet, we stood firm, and the United States was unable to secure
our consent to the sale of the Black Hills. We said then--and we have
repeated for generations--that the Black Hills are not for sale.
In the Act of February 28, 1877, 19 Stat. 254, the United States
stole the Black Hills and other lands from the Oceti Sakowin. The
United States Supreme Court acknowledged the illegality of the taking
of the Black Hills in the case of U.S. v. Sioux Nation, 448 U.S. 371
(1980). Later, through the Act of March 2, 1889, 25 Stat. 888, the
United States divided the Oceti Sakowin into separate Tribes at
separate reservations.
Today, there are sixteen federally recognized Sioux Tribes on
sixteen reservations in the Dakotas, Minnesota, Montana, and Nebraska.
Our Oglala people are now organized as the Oglala Sioux Tribe of the
Pine Ridge Indian Reservation in South Dakota and Nebraska. The other
bands of the Lakota are the Cheyenne River Sioux Tribe of the Cheyenne
River Indian Reservation in South Dakota (Itazipco, Miniconjou,
Oohenumpa, and Siha Sapa), the Rosebud Sioux Tribe of the Rosebud
Indian Reservation in South Dakota (Sichangu), and the Standing Rock
Sioux Tribe of the Standing Rock Indian Reservation in North Dakota and
South Dakota (Hunkpapa).
Despite our geographic separation, the Oceti Sakowin continues to
unite on matters of national concern. For example, the Oceti Sakowin
fought for redress for the taking of the Black Hills for over a
century, eventually winning the largest Indian claims judgment ever
awarded against the United States. We declined to accept the award
because it did not include the return of land by the United States, and
together, we continue to seek the return of the Black Hills.
Our Sioux Tribes have come together on many other matters,
including the defense of sovereignty and self-government against the
assertion of state jurisdiction under Public Law 83-280, the protection
of our water and natural resources through the Great Plains Water
Alliance, the defense of Indian interests under the Indian Child
Welfare Act, and inter-tribal coalitions against domestic violence.
Today, the Lakota, Dakota, and Nakota of the Oceti Sakowin are
represented in the Great Plains Tribal Chairmen's Association, an
intertribal corporation organized under Section 17 of the Indian
Reorganization Act of 1934 to promote the sovereign interests of Tribes
of the Great Sioux Nation and the Great Plains region.
The purchase of land at Wounded Knee is the latest example of our
Sioux Tribes coming together to protect the rights, interests, and
sacred lands of the Oceti Sakowin.
II. The Wounded Knee Massacre of December 29, 1890
The Wounded Knee Massacre is one of the darkest events in the
histories of the United States and the Oceti Sakowin. It was a
senseless, cruel, and unjustifiable massacre of hundreds of Indian men,
women, and children by the Seventh Cavalry.
Shortly after the massacre, General Nelson A. Miles, the commanding
officer of the Military Division of the Missouri in the U.S. Army,
described the massacre as ``the most abominable, criminal military
blunder and a horrible massacre of women and children.'' \1\ Years
later, General Miles told the Commissioner of Indian Affairs that the
massacre was ``most reprehensible,'' ``most unjustifiable,'' and
``worthy of the severest condemnation.'' \2\ We agree.
---------------------------------------------------------------------------
\1\ General Miles Letter to Mary Miles, Jan. 15, 1891, quoted in
Virginia Johnson, THE UNREGIMENTED GENERAL: A BIOGRAPHY OF NELSON A.
MILES 294 (Boston, 1962).
\2\ General Miles Letter to Commissioner of Indian Affairs, Mar.
13, 1917, quoted in Elain Goodale Eastman, The Ghost Dance War and
Wounded Knee Massacre of 1890-91, NEBRASKA HISTORY, XXVI 39 (Jan.-Mar.
1945).
---------------------------------------------------------------------------
Our people have grieved for well over a century the loss of life
and the genocidal attack on our people and our way of life that took
place at Wounded Knee. The Oglala Sioux Tribe has called upon the
United States to atone for the massacre, and our calls for atonement
have been echoed by the Wounded Knee Survivors Association, the
National Congress of American Indians, our sister Sioux Tribes, and
many other Tribes and organizations.
In Senate Concurrent Resolution 153 of the 101st Congress (Oct. 25,
1990), the United States Congress acknowledged the ``tragedy'' and
``historical significance'' of the Wounded Knee Massacre and expressed
its ``deep regret to the Sioux people and in particular to the
descendants of the victims and survivors for this terrible tragedy.''
Congress found that, on December 29, 1890, the United States Cavalry
engaged in ``armed conflict'' against Sioux Indians gathered at Wounded
Knee, ``resulting in the tragic death and injury of approximately 350-
375 Indian men, women, and children.''
Senate Concurrent Resolution 153 was an important step in the
healing process. We believe S. 2088 represents another important step
in that process. Through this important bill, the United States is
recognizing the sacred nature of our Wounded Knee land and agreeing to
use the full weight of American law to protect that land, safeguarding
it from state and local taxation and protecting it against alienation
without our consent.
When Representative Dusty Johnson (R-SD) introduced an identical
bill in the House of Representatives, H.R. 3371, he eloquently spoke at
the House hearing not only of the historic significance of the Wounded
Knee Massacre, but of the continuing impacts of this horrific event. He
said:
``[W]e have a tendency to think about dark days like Wounded
Knee as in the ancient past, and we focus so much on those who
died, those who were killed, those who were murdered that day,
but we also have with us Cedric Broken Nose, who is a
descendent. . .and I think it is an important reminder to us
that this history wasn't that long ago, and that one of the
reasons that it is important for us to honor this site is that
there are still real living connections to the difficult, to
the terrible, actions that were taken that day.''
It is important to note that during the House-side hearing on H.R.
3371, Bryan Newland, the Assistant Secretary--Indian Affairs,
Department of the Interior, voiced the Department's support for this
legislation, stating that ``it aligns with the Administration's
commitment to restore Tribal homelands'' and that ``[t]he Tribes will
have more authority to honor and protect the Wounded Knee site.''
III. The Reclamation of Sacred Land at Wounded Knee and the Healing of
Our Great Sioux Nation
Wounded Knee, known as Cankpe Opi in Lakota, is a sacred site for
the Oglala Sioux Tribe, the Cheyenne River Sioux Tribe, and the Oceti
Sakowin. The Oglala Sioux Tribe and the Cheyenne River Sioux Tribe
reclaimed 40 acres of land at Wounded Knee for the benefit of the Oceti
Sakowin and, together, we pledged that the land will be held in
perpetuity as a memorial and sacred site, without commercial
development.
The Wounded Knee land will be used for sacred purposes and
remembrance, including ceremonies and prayer, and the descendants of
victims and survivors of the Wounded Knee Massacre will be consulted
about the proper care and maintenance of the land as a memorial and
sacred site and about the ceremonies and activities to be conducted on
the land.
We are pleased that Senator Mike Rounds (R-SD) has introduced S.
2088 to place this sacred land in restricted fee status and to protect
the land from alienation and outside interference and control. We are
pleased that Senator John Thune (R-SD) joined as the original cosponsor
of this bill, and that our two South Dakota Senators are working
together on this significant effort. This is an important step for the
healing of the people of our Oceti Sakowin. This is an important step
in the histories of the United States and the Oceti Sakowin. And, this
is an important step for our government-to-government relationship.
Conclusion
We respectfully ask the Indian Affairs Committee to approve S. 2088
and to work diligently with the rest of Congress to enact this
important and historic bill during this session of Congress.
The Chairman. Thank you to our testifiers.
Senator Rounds, do you want to start with the questions?
Senator Rounds. Thank you, Mr. Chairman. I most certainly
appreciate it.
I want to make just two points. For individuals who would
like to see a first-hand account of what happened there, I
think Black Elk Speaks, which was the story as shared by Black
Elk who was there at the time and the message afterwards, he
was a great holy man and a respected leader. His message in his
book is one that is very, very special. It shares in some
detail what happened on that particular day and that evening.
I would simply point out that these two leaders have come
together. Rather than asking that the land be put into a trust,
they have asked to have it be separated out with fee status, so
that the tribes can make the decisions.
I point it out, and I would like each of them to make a
brief comment on this, the importance of consultation between
Congress and the tribes, which is something I think has been
missing. This is their recommendation and this is one that I
think is important we honor. I appreciate the thought that went
into this.
Would each of you care to just briefly explain why that is
important to you, that it be put in this way rather than into
trust?
Mr. LeBeau. Yes, Senator, it is very important we put this
into the restricted fee status, because quite simply, to me
anyway, granted what happened there, this 40 acres is literally
the killing fields of 1890. We lost our relatives there. We
want to restore the land back to the original people, the
Lakota people, now being the Oglala Sioux Tribe and the
Cheyenne River Sioux Tribe. We want to put it in the name of
the tribes, not the United States.
Mr. Star Comes Out. Yes, I would like to mention that I
think we are entitled to it. The title should be ours. We
should be the owners of this land, because our ancestors are
buried there.
So I believe we should have complete ownership of it. That
is why we are here. Speaking from the heart, I am the seventh
generation of Si Thanka, Chief Big Foot. And his son, He Crow,
also perished with him. That is where my bloodline comes from.
So for me, sitting here today is very important for me, not
only for myself, but for my tribe, my [phrase in Native
tongue], my family. Thank you.
Senator Rounds. Mr. Chairman, the reason why I asked that
question in particular is because this may very well have been
put into a trust status. But after consultation, after the
discussion with the tribes, at their request it was changed
specifically because they wanted it in their name, and not in
the government's name.
I think that says a lot, first of all, about their feelings
about how personal this is. Second of all, hopefully it is a
changing point in the way that we deal in a government-to-
government relationship, respecting their recommendations. I
thank you both for that explanation.
Thank you, Mr. Chairman.
The Chairman. Mr. Garriott, this land, well, let me just
ask the question this way. How is it going to function? This is
a unique legislative proposal, which I support, for all the
reasons articulated by our testifiers and by Senator Rounds.
But are there any practical implications as far as the
department goes?
Mr. Garriott. From a practical standpoint, really, I think
that our involvement really starts in the beginning in terms of
making sure that we do a proper survey and that we ensure that
the land is recorded in the two tribes' names properly, and
then making sure that if there are any utility easements or
anything like that that those are properly transferred.
Otherwise, from a practical standpoint, moving forward from
a jurisdiction taxation status, et cetera, it would essentially
be the same as trust land.
The Chairman. Thank you very much.
Vice Chair?
Senator Murkowski. Thank you, Mr. Chairman.
And thank you, to each of you. I do think that it is
somewhat remarkable that the three witnesses, not only from the
tribes but you, Mr. Garriott, are all descendants. To know that
you all as descendants have been working to secure, to maintain
this land, in the manner in which Senator Rounds has pointed
out, by way of consultation and really listening to the desires
of the tribes themselves.
I am assuming that because you are at this point with this
legislative ask that the lands that have been identified to be
designated as restricted fee lands, that this is what you are
seeking. In other words, are there any additional lands in the
area that might also be considered to be designated by Congress
as restricted fee lands?
Mr. Star Comes Out. Yes, I do believe there may be others.
But for today, we would like to focus on this. This is our
specific issue here.
Senator Murkowski. Good. Mr. Chairman, that is all I have
in terms of questions. I want to thank Senator Rounds for
bringing this and I want to thank you for your sharing your
family's story. Because it is a story of far, far too many that
needs to be heard, needs to be respected. We must not forget.
Thank you.
The Chairman. Mr. Chairman, did you want to make any final
comments?
Mr. LeBeau. Thank you. Lastly, I think you heard it, but I
really want to stress the importance that the Lakota people
have to the land. There is a connection there to our own land,
our community.
This connection is felt throughout Indian Country. Other
tribes are in a similar situation. There is no other place like
it, and there is no other group of people, nation of people,
that have that connection here in North America.
So it is a unique situation. Perhaps that is difficult for
others to understand. But this is, in biblical terms, these are
lands are our Eden, this is our paradise on earth righty here.
The Lakota Nation, those Black Hills, those areas are sacred to
us, the lands are sacred to us. So we have that connection.
I wanted to point that out. I think us getting here with
this bill and the importance of it, we appreciate it. Thank
you.
The Chairman. Mr. President?
Mr. Star Comes Out. Yes, thank you for letting me speak it.
One thing I would like to put out there is, this is a
collaboration of not only the tribes, but with the government.
I know Chairman LeBeau and I, we took this issue all the way to
the grass roots of both tribes, both [phrase in Native tongue],
to families and all the descendants and survivors, I should
say.
It took a lot of effort, and a lot of consultation and time
and energy to gather all this information so we could get this
done right. From what I am seeing, it sounds like, the way I
see it, from my view, I think we are ready to move forward. It
has to get done; we are positive it is going to happen.
Thank you.
The Chairman. Thank you very much.
If there are no more questions for our witnesses, members
may also submit written questions for the record. The hearing
record will be open for two weeks.
I want to thank all of our witnesses for their time and
their testimony. This hearing is adjourned.
[Whereupon, at 3:26 p.m., the hearing was adjourned.]
[all]