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Wounded Knee Massacre Memorial and Sacred Site Act › Section 2

Definitions

Section 2 · Sec. 2 ·

What this chapter is about

This part says what four words mean in this law. It says which land is meant. It says who the tribes are. It says what a special kind of ownership means.

5 proposals indexed from this chapter.

The document says “meansWho acts: CongressHow: statuteSec. 2 in the PDF
What the document says

“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”

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, Sec. 2

Paragraph (1), subparagraphs (A) through (D). The term is defined for this Act. Ownership stays with the Tribes; the land is part of the Pine Ridge Indian Reservation and subject to the civil and criminal jurisdiction of the Oglala Sioux Tribe; transfer requires the consent of Congress and the Tribes; and State or local taxation does not reach it.

What the document actually says

“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”

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, Sec. 2
That sentence, in plain words

The tribes keep the land. It is part of the Pine Ridge land. Tribal law and courts apply there. No one may sell it without Congress and the tribes. No state or town may tax it.

What this is about

A term can mean one thing in one law and something else elsewhere. Here the law spells out what this kind of holding means. Four rules come first. A fifth rule comes next.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “shall notWho acts: CongressHow: statuteSec. 2 in the PDF
What the document says

“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.”

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, Sec. 2

Paragraph (1), subparagraph (E), the last element of the definition. It places the land outside any provision of law calling for review or approval by the Secretary of the Interior before the Tribes use it for a purpose the covenant of October 21, 2022 allows, whether they act directly or by agreement with another party. The covenant is named, not reproduced, and is not indexed here.

What the document actually says

“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.”

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, Sec. 2
That sentence, in plain words

The tribes do not need to ask the land agency first. They may use the land for any use the pact allows.

What this is about

The pact is a deal the two tribes signed in October 2022. The tribes may act on their own. They may also work with another party.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “meansWho acts: CongressHow: statuteSec. 2 in the PDF
What the document says

“The term ``Secretary'' means the Secretary of the Interior.”

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, Sec. 2

Paragraph (2). Where the Act says Secretary, it means the Secretary of the Interior. The term carries the duties imposed by section 3.

What the document actually says

“The term ``Secretary'' means the Secretary of the Interior.”

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, Sec. 2
That sentence, in plain words

This law uses the word Secretary. It means the head of the land agency.

What this is about

The agency is the one that deals with land and Indian affairs. Saying it once here saves saying it in full each time.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “meansWho acts: CongressHow: statuteSec. 2 in the PDF
What the document says

“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”

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, Sec. 2

Paragraph (3). It fixes what the Act operates on: approximately 40 acres on the Pine Ridge Indian Reservation in Oglala Lakota County, South Dakota, including surface, subsurface and mineral estate and everything built or standing on it. The bounds are set by a map dated October 26, 2022, which the Act names but does not reproduce. The paragraph closes by stating that the acreage is a segment of the December 29, 1890 Wounded Knee Massacre site.

What the document actually says

“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”

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, Sec. 2
That sentence, in plain words

The land is about 40 acres at Wounded Knee, South Dakota. It sits on the Pine Ridge land. It takes in what is under the ground and what is built on it. A map from October 2022 shows it.

What this is about

The law says the land is part of the site of the Wounded Knee Massacre of December 29, 1890. The law points to a map to fix the bounds.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “meansWho acts: CongressHow: statuteSec. 2 in the PDF
What the document says

“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.”

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, Sec. 2

Paragraph (4). Two tribes are named, and the definition records that both are among the constituent tribes of the Great Sioux Nation and signatories to the Fort Laramie Treaty of 1868, cited to 15 Stat. 635. The treaty is cited, not indexed here.

What the document actually says

“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.”

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, Sec. 2
That sentence, in plain words

The word tribes means two tribes. They are the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe.

What this is about

The law notes that both are part of the Great Sioux Nation. It notes that both signed the Fort Laramie Treaty of 1868.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

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What This Page Covers, and What It Leaves Out

All four defined terms. The definition of restricted fee status is recorded in two entries, because its last subparagraph sets a distinct rule about review by the Secretary.

Nothing in the section is left out. A definition binds only where the defined term is used, and the uses are recorded in section 3.

Two of the definitions turn on documents this site does not index: the covenant between the two Tribes dated October 21, 2022, and the map dated October 26, 2022. Neither is reproduced in the law, so what they say is not recorded here.