[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
         
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                              __________

                                
                    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

                              ----------                              


                        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.]

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