H.R. 165

[119th Congress Public Law 61]
[From the U.S. Government Publishing Office]

[[Page 139 STAT. 1977]]

Public Law 119-61
119th Congress

An Act

To direct the Secretary of the Interior to complete all actions 
necessary for certain land to be held in restricted fee status by the 
Oglala Sioux Tribe and Cheyenne River Sioux Tribe, and for other 
purposes. <<NOTE: Dec. 19, 2025 - [H.R. 165]>> 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Wounded Knee 
Massacre Memorial and Sacred Site Act.>> 
SECTION 1. SHORT TITLE.

This Act may be cited as the ``Wounded Knee Massacre Memorial and 
Sacred Site Act''.
SEC. 2. DEFINITIONS.

In this Act:
(1) Restricted fee status.--The term ``restricted fee 
status'' means a status in which the Tribal land--
(A) shall continue to be owned by the Tribes;
(B) shall be part of the Pine Ridge Indian 
Reservation and expressly made subject to the civil and 
criminal jurisdiction of the Oglala Sioux Tribe;
(C) shall not be transferred without the consent of 
Congress and the Tribes;
(D) shall not be subject to taxation by a State or 
local government; and
(E) shall not be subject to any provision of law 
providing for the review or approval by the Secretary of 
the Interior before the Tribes may use the land for any 
purpose as allowed by the document titled ``Covenant 
Between the Oglala Sioux Tribe and the Cheyenne River 
Sioux Tribe'' and dated October 21, 2022, directly, or 
through agreement with another party.
(2) Secretary.--The term ``Secretary'' means the Secretary 
of the Interior.
(3) Tribal land.--The term ``Tribal land'' means the 
approximately 40 acres (including the surface and subsurface 
estate, and mineral estate, and any and all improvements, 
structures, and personal property on those acres) on the Pine 
Ridge Indian Reservation in Oglala Lakota County, at Rural 
County Road 4, Wounded Knee, South Dakota, and generally 
depicted as ``Area of Interest'' on the map entitled ``Wounded 
Knee Sacred Site and Memorial Land'' and dated October 26, 2022, 
which is a segment of the December 29, 1890, Wounded Knee 
Massacre site.
(4) Tribes.--The term ``Tribes'' means the Oglala Sioux 
Tribe and Cheyenne River Sioux Tribe of the Cheyenne River 
Reservation, both tribes being among the constituent tribes

[[Page 139 STAT. 1978]]

of the Great Sioux Nation and signatories to the Fort Laramie 
Treaty of 1868 between the United States of America and the 
Great Sioux Nation, 15 Stat. 635.
SEC. 3. LAND HELD IN RESTRICTED FEE STATUS BY THE TRIBES.

(a) <<NOTE: Deadline.>> Action by Secretary.--Not later than 365 
days after enactment of this Act, the Secretary shall--
(1) <<NOTE: Records. Survey.>> complete all actions, 
including documentation and minor corrections to the survey and 
legal description of Tribal land, necessary for the Tribal land 
to be held by the Tribes in restricted fee status; and
(2) appropriately assign each applicable private and 
municipal utility and service right or agreement with regard to 
the Tribal land.

(b) Conditions.--
(1) Federal laws relating to indian land.--Except as 
otherwise provided in this Act, the Tribal land shall be subject 
to Federal laws relating to Indian country, as defined by 
section 1151 of title 18, United States Code and protected by 
the restriction against alienation in section 177 of title 25, 
United States Code.
(2) Use of land.--The Tribal land shall be used for the 
purposes allowed by the document titled ``Covenant Between the 
Oglala Sioux Tribe and the Cheyenne River Sioux Tribe'' and 
dated October 21, 2022.
(3) Encumbrances and agreements.--The Tribal land shall 
remain subject to any private or municipal encumbrance, right-
of-way, restriction, easement of record, or utility service 
agreement in effect on the date of the enactment of this Act.
(4) Gaming.--Pursuant to the document titled ``Covenant 
Between the Oglala Sioux Tribe and the Cheyenne River Sioux 
Tribe'' and dated October 21, 2022, the Tribal land shall not be 
used for gaming activity under the Indian Gaming Regulatory Act 
(25 U.S.C. 2701 et seq.).

Approved December 19, 2025.

LEGISLATIVE HISTORY--H.R. 165 (S. 105):
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SENATE REPORTS: Nos. 119-72 and 119-71, accompanying S. 105 (both from 
Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 171 (2025):
Jan. 21, 22, considered and passed House.
Dec. 11, considered and passed Senate.

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