Overview
Title
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.
ELI5 AI
This bill wants to make sure some land, which is important to the Oglala Sioux Tribe and Cheyenne River Sioux Tribe, stays with them and isn't taxed or sold without permission. It says this land can't be used for building casinos or other gaming activities.
Summary AI
S. 2088 is a bill that directs the Secretary of the Interior to take necessary actions to allow certain land to be owned in a special status called "restricted fee status" by the Oglala Sioux Tribe and Cheyenne River Sioux Tribe. This status means the land will remain under tribal ownership, cannot be transferred without consent, is exempt from state and local taxation, and does not need approval from the Secretary of the Interior for tribal use, as agreed upon in a 2022 document between the tribes. The land in question is approximately 40 acres on the Pine Ridge Indian Reservation and is part of the historic Wounded Knee Massacre site. The bill prohibits the use of this land for gaming activities.
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AnalysisAI
General Summary of the Bill
The proposed legislation, titled the "Wounded Knee Massacre Memorial and Sacred Site Act," aims to change the status of certain lands to restricted fee status for the Oglala Sioux Tribe and Cheyenne River Sioux Tribe. This involves transferring a 40-acre piece of land on the Pine Ridge Indian Reservation, a historically significant site associated with the Wounded Knee Massacre, to be under the ownership and jurisdiction of the tribes. The Secretary of the Interior is tasked with completing necessary actions for this transition, ensuring the land's use aligns with a previously established agreement between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe. Notably, the land will be exempt from state and local taxation and will not be allowed for gaming activities.
Summary of Significant Issues
Several issues have been identified in the bill that require closer examination. Firstly, the restriction on gaming is referenced only within a separate agreement between the tribes, which is not included in the legislation. This lack of clarity could influence the tribes' economic opportunities. Additionally, terms such as "minor corrections" and "appropriately assign" are vague within the context of the actions to be taken by the Secretary of the Interior, which might lead to misinterpretations or disputes. Lastly, the management of existing encumbrances and agreements on the land isn't entirely clear, potentially complicating future interactions and understandings between the tribes and other stakeholders.
Potential Impact on the Public
Broadly speaking, this legislation serves as a step toward acknowledging and rectifying historical injustices faced by Native American tribes by restoring tribal authority over a significant historical site. This may enhance public awareness and education about the history and cultural heritage of the tribes involved. By placing the land in restricted fee status, the bill ensures that the tribes retain significant control over its future use, potentially preserving the site's cultural and historical significance for future generations.
Impact on Specific Stakeholders
For the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe, this bill could provide a means of asserting sovereignty and cultural preservation over the Wounded Knee site. However, the restrictions on gaming and the lack of clarity on certain provisions might limit economic development opportunities that could benefit the tribes. Additionally, stakeholders such as private or municipal utilities with existing agreements on the land could face administrative challenges, as the process for managing or prioritizing these agreements remains unclear.
The bill's passage could serve as a model for similar legislative efforts nationwide, potentially inspiring further restoration of lands to other Native American tribes. Nonetheless, the vague provisions identified could lead to challenges in implementation and disagreements, underscoring the need for more precise language and comprehensive inclusion of relevant agreements or covenants in the legislation.
Issues
The restriction on gaming under subsection 3(b)(4) is based on a document titled 'Covenant Between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe,' but this document is not included in the text. Without the full content of this covenant, the legal and practical implications of the gaming restrictions are unclear, potentially affecting the Tribes' economic development opportunities.
The section 3 issues language does not specify what actions are considered 'minor corrections' to the survey and legal description of Tribal land. This could lead to subjective interpretation and potential disputes regarding the accuracy and legitimacy of the land's legal status.
The term 'appropriately assign' in subsection 3(a)(2) is vague and could lead to confusion about what criteria or process should be used for assigning utility and service rights or agreements, potentially leading to administrative or legal complications for the Tribes.
The conditions under which land may be used or encumbered in subsection 3(b)(3) are not fully detailed, leaving room for misinterpretation or legal challenges. The lack of clarity on how existing encumbrances and agreements will be managed or prioritized if conflicts arise could result in disputes between the Tribes and other stakeholders.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the Act provides a short title for the legislation, which is called the “Wounded Knee Massacre Memorial and Sacred Site Act.”
2. Definitions Read Opens in new tab
Summary AI
In this act, the term "restricted fee status" explains the conditions under which Tribal land is owned and managed by the Tribes without needing approval from the Secretary of the Interior. The "Secretary" refers to the Secretary of the Interior, while "Tribal land" describes a 40-acre area on the Pine Ridge Indian Reservation linked to the Wounded Knee Massacre site. The term "Tribes" means the Oglala Sioux Tribe and Cheyenne River Sioux Tribe, both of which are part of the Great Sioux Nation and have an agreement with the U.S. through the Fort Laramie Treaty of 1868.
3. Land held in restricted fee status by the Tribes Read Opens in new tab
Summary AI
The section requires the Secretary to complete specific actions within a year for Tribal land to be held in restricted fee status, including assigning utilities and service rights. This land must comply with federal Indian land laws, remain subject to existing agreements, cannot be used for gaming, and must be used in ways allowed by the agreed Covenant between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe.