[Congressional Record Volume 170, Number 119 (Tuesday, July 23, 2024)]
[Senate]
[Pages S5205-S5206]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2926. Mr. ROUNDS submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle H of title X, insert
the following:
SEC. 10____. WOUNDED KNEE MASSACRE MEMORIAL AND SACRED SITE.
(a) Definitions.--In this section:
(1) Restricted fee status.--The term ``restricted fee
status'' means a status in which the Tribal land--
(A) shall continue to be owned by the Tribes;
(B) shall be part of the Pine Ridge Indian Reservation and
expressly made subject to the civil and criminal jurisdiction
of the Oglala Sioux Tribe;
(C) shall not be transferred without the consent of
Congress and the Tribes;
(D) shall not be subject to taxation by a State or local
government; and
(E) shall not be subject to any provision of law providing
for the review or approval by the Secretary of the Interior
before the Tribes may use the land for any purpose as allowed
by the document titled ``Covenant Between the Oglala Sioux
Tribe and the Cheyenne River Sioux Tribe'' and dated October
21, 2022, directly, or through agreement with another party.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribal land.--The term ``Tribal land'' means the
approximately 40 acres (including the surface and subsurface
estate, and mineral estate, and any and all improvements,
structures, and personal property on those acres) on the Pine
Ridge Indian Reservation in Oglala Lakota County, at Rural
County Road 4, Wounded Knee, South Dakota, and generally
depicted as ``Area of Interest'' on the map entitled
``Wounded Knee Sacred Site and Memorial Land'' and dated
October 26, 2022, which is a segment of the December 29,
1890, Wounded Knee Massacre site.
(4) Tribes.--The term ``Tribes'' means the Oglala Sioux
Tribe and Cheyenne River Sioux Tribe of the Cheyenne River
Reservation, both tribes being among the constituent tribes
of the Great Sioux Nation and signatories to the Fort Laramie
Treaty of 1868 between the United States of America and the
Great Sioux Nation, 15 Stat. 635.
(b) Land Held in Restricted Fee Status by the Tribes.--
(1) Action by secretary.--Not later than 365 days after
enactment of this Act, the Secretary shall--
(A) complete all actions, including documentation and minor
corrections to the survey and legal description of Tribal
land, necessary for the Tribal land to be held by the Tribes
in restricted fee status; and
[[Page S5206]]
(B) appropriately assign each applicable private and
municipal utility and service right or agreement with regard
to the Tribal land.
(2) Conditions.--
(A) Federal laws relating to indian land.--Except as
otherwise provided in this section, the Tribal land shall be
subject to Federal laws relating to Indian country, as
defined by section 1151 of title 18, United States Code and
protected by the restriction against alienation in section
177 of title 25, United States Code.
(B) Use of land.--The Tribal land shall be used for the
purposes allowed by the document titled ``Covenant Between
the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe''
and dated October 21, 2022.
(C) Encumbrances and agreements.--The Tribal land shall
remain subject to any private or municipal encumbrance,
right-of-way, restriction, easement of record, or utility
service agreement in effect on the date of the enactment of
this Act.
(D) Gaming.--Pursuant to the document titled ``Covenant
Between the Oglala Sioux Tribe and the Cheyenne River Sioux
Tribe'' and dated October 21, 2022, the Tribal land shall not
be used for gaming activity under the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.).
______