Wounded Knee Massacre Memorial and Sacred Site Act
Summary
The Wounded Knee Massacre Memorial and Sacred Site Act directs the Secretary of the Interior to complete actions necessary for approximately 40 acres of land to be held in restricted fee status by the Oglala Sioux Tribe and Cheyenne River Sioux Tribe. This land, located on the Pine Ridge Indian Reservation in South Dakota, includes a portion of the Wounded Knee Massacre site. The Act defines 'restricted fee status' and outlines conditions for the land's use and jurisdiction.
Expected Effects
This Act will transfer greater control and autonomy to the Oglala Sioux and Cheyenne River Sioux Tribes over the designated land. It ensures the land remains under tribal ownership and subject to tribal jurisdiction, while also protecting it from state and local taxation. The land will be used according to the 'Covenant Between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe'.
Potential Benefits
- Preservation of Cultural Heritage: Protects a sacred site and memorializes a significant historical event.
- Tribal Sovereignty: Reinforces the self-governance and jurisdictional rights of the Oglala Sioux and Cheyenne River Sioux Tribes.
- Economic Development: Allows the tribes to utilize the land for purposes outlined in their covenant, potentially fostering economic opportunities.
- Land Protection: Prevents the land from being transferred without tribal and congressional consent, ensuring its long-term preservation.
- Tax Exemption: Protects the land from state and local taxation, reducing financial burdens on the tribes.
Potential Disadvantages
- Potential Land Use Restrictions: The land is restricted from gaming activities, which could limit potential revenue streams for the tribes.
- Existing Encumbrances: The land remains subject to existing encumbrances and agreements, which could limit the tribes' flexibility in utilizing the land.
- Federal Oversight: While the tribes have increased autonomy, the Secretary of the Interior still has a role in completing necessary actions, potentially leading to delays or bureaucratic hurdles.
- Limited Scope: The Act only addresses a specific 40-acre parcel, and may not address broader issues facing the tribes.
- Dependence on Covenant: The land use is governed by the 'Covenant,' which may or may not align with future needs or desires of the tribes.
Constitutional Alignment
This Act aligns with the federal government's treaty obligations and responsibilities towards Native American tribes, as recognized in various Supreme Court decisions. While the Constitution does not explicitly address tribal land rights in detail, the Commerce Clause (Article I, Section 8) grants Congress the power to regulate commerce with Indian tribes. This Act can be seen as an exercise of that power to support tribal self-determination and cultural preservation. Additionally, the Act does not appear to infringe upon any individual liberties or rights guaranteed by the Constitution.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).